Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 08/22/2023 Lw,A.,5r.,f,�r Cit`, of Corpus Christi 1201 Leopard Street s 1 Corpus Christi,TX 78401 _ x w cctexas.com Meeting Agenda - Final-revised City Council Tuesday,August 22,2023 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habrd un int6rprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code§ 551.125 due to an emergency or other public necessity pursuant to Texas Government Code§ 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Gabriella Perez, Senior at Miller High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS I UPDATE ON CITY OPERATIONS: 1. 23-1352 Water Source Alternatives Update by Mike Murphy, COO of Water Utilities F. PUBLIC COMMENT G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 2 - 10) City of Corpus Christi Page 1 Printed on 812812023 City Council Meeting Agenda-Final-revised August 22, 2023 2. 23-1353 Approval of the August 1, 2023 and August 10, 2023 Budget Workshop, and August 15, 2023 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Contracts and Procurement 3. 23-1071 Motion authorizing the execution of a one-year supply agreement with Rehrig Pacific Company, through the OMNIA Partners Cooperative, for $742,014.00, to purchase refuse and recycling carts for Solid Waste Services, with FY 2024 funding from the General Fund, subject to budget approval. Sponsors: Solid Waste Operations and Finance&Procurement 4. 23-1072 Motion authorizing the purchase of 14 roll-off containers from Roll-Offs USA of Durant, Oklahoma through the H-GAC Purchasing Cooperative for $138,000.00 for Solid Waste Services, with FY 2023 funding from the General Fund. Sponsors: Solid Waste Operations and Finance&Procurement 5. 23-1254 Motion authorizing the execution of a three-year supply agreement with G. P. Transport, Inc. of Gregory, in an amount not to exceed $292,500.00, for crushed concrete to be used in rehabilitating landfill roadways, for Solid Waste Services, with FY 2023 funding of$8,125.00 from the General Fund. Sponsors: Solid Waste Operations and Finance&Procurement 6. 23-1115 Motion authorizing execution of a 15-month service agreement with Maldonado Nursery & Landscaping, Inc., of San Antonio, in an amount not to exceed $78,979.79, for the purchase and installation of trees on Leopard Street median for Public Works,with FY 2023 funding of $76,058.00 from the General Fund. sponsors: Public Works/Street Department and Finance &Procurement 7. 23-1199 Motion authorizing execution of two, one-year supply agreements, with two one-year options, with Southern Tire Mart, LLC of Columbia, Mississippi, with a location in Corpus Christi, for the purchase of trailer tires and passenger/light truck tires in an amount not to exceed $430,990.45 and Beasley Tire Service, Inc., of Corpus Christi, for the purchase of large tires in an amount not to exceed $628,425.00, for a combined amount of $1,059,415.45 and a potential amount of$3,178,246.35 if options are exercised, to be utilized by Asset Management, with FY 2023 funding of $88,284.62 from the Fleet Maintenance Service Fund. sponsors: Asset Management Department and Finance& Procurement 8. 23-1205 Motion authorizing a two-year service agreement with Baker Tilly US, LLP., of Plano, Texas, to be used by various City departments for executive-level recruiting for hard to fill positions through the Human Resources City of Corpus Christi Page 2 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 22, 2023 Department, in an amount not to exceed $323,400.00, with future funding from various funds. sponsors: Human Resources and Finance&Procurement 9. 23-1293 Resolution authorizing the final of two, two-year extensions to the service agreement with Meeder Public Funds, Inc., of Austin, in an amount not to exceed $64,000.00, to provide investment advisor services effective September 4, 2023, with no funding required for FY 2023 and funding in future fiscal years from the General Fund, subject to budget approval. sponsors: Finance&Procurement Consent-First Reading Ordinances 10. 23-1251 Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue water quality advisories when warranted. for the period September 1, 2020, through August 31, 2025. sponsors: Health Department J. RECESS FOR LUNCH K. PUBLIC HEARINGS: (ITEMS 11 - 13) 11. 23-1201 Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 12. 23-1269 Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the "R-MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). sponsors: Development Services 13. 23-1273 Zoning Case No. 0623-01, MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and City of Corpus Christi Page 3 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 22, 2023 Staff recommended approval). sponsors: Development Services L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 14 - 18) 14. 23-1233 Motion awarding a construction contract to Roofing Solutions, LLC. of Prairieville, Louisiana, for the City Hall Roof Repairs project in the amount of$869,120.00 (an FY 2023 Capital Budget approved project), located in Council District 1, with FY 2023 funding available from the Facility Maintenance CO fund. Sponsors: Engineering Services, Asset Management Department and Contracts and Procurement 15. 23-1234 Motion awarding a construction contract to National Power Rodding Corp., Austin, Texas, for Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) Manhole Improvements project in an amount of $2,000,000.00, located Citywide, with FY 2023 funding available from the Wastewater Capital Fund. Sponsors: Engineering Services, Contracts and Procurement and Corpus Christi Water 16. 23-1235 Motion awarding a construction contract to Jhabores Construction Company, Inc., Corpus Christi, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for Citywide Water Line Repair/Replace-Small Diameter Indefinite Delivery Indefinite Quantity (IDIQ) FY 2023 Part B project, located Citywide, with FY 2023 funding available from the Water Capital Fund. Sponsors: Engineering Services, Contracts and Procurement and Corpus Christi Water 17. 23-1262 Resolution authorizing the submission of a grant application for the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program in the amount of$227,389.00 for the Corpus Christi Police Department; and authorizing an Interlocal Agreement with Nueces County for the distribution of Justice Assistance Grant Program funds in the amount of$113,694.00 to Nueces County and $113,695.00 to the City of Corpus Christi should the grant be awarded. sponsors: Police Department 18. 23-0996 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$822,431 with a City cash match of$169,372 and an in-kind match of$714,806, for a total project cost of$1,706,609 for salaries, overtime, and fringe benefits for four sworn officers three civilians (authorizing two additional general fund positions), and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police City of Corpus Christi Page 4 Printed on 8/28/2023 City Council Meeting Agenda-Final-revised August 22, 2023 Grants Fund. sponsors: Police Department M. BRIEFINGS: (NONE) N. EXECUTIVE SESSION: (NONE) O. ADJOURNMENT City of Corpus Christi Page 5 Printed on 8/28/2023 Alternative Water Supply Projects Update Mike Murphy, P.E. Chief Operations Officer Corpus Christi Water Corpus Christi Water- August 22, 2023 Serving the Coastal Bend Proposed Projects At-A-GLance Harbor Island Seawater Desalination Collaboration with Port Corpus Christi • Pape-Dawson Engineers Water integration study continues Evangeline Groundwater • HDR, Inc. is estimating the cost analysis for delivery locations Barney Davis Seawater Desalination • HDR, Inc. has finalized the desktop study La Quinta Seawater Desalination • Currently under review by Texas Commission on Environmental Quality Inner Harbor Seawater Desalination • Land acquisition option agreement has been signed CCW Harbor Island Seawater Desalination Estimated 50-100 MGD • The City and Port are meeting Weekly online and in person once a month • The Port's consultant, Pape- Dawson Engineers, is planning r to give an update to the Port Commission and City Council on September sg, 2023 °' _ • Timeline for permits: .KK ` To be determined • Timeline to construct: To be determined • Estimated cost: `° • To be determined CCW - Evangeline Groundwater _ County VIEstimated 15-25 MGD y Bee County ./ i7Evangeline-Laguna;5,,,,,,,, ,,Fr+^'" HDR, Inc. has completed initial • ±23,000 Project � evalution of the project's 181feasibility and delivery options • Project's next steps: Meet with sa � other Large groundwater project sW u ae County NORTH representatives in South exas Well �, and discuss lessons learned in sntOn ��a $CgLE©5 order to better evaluate this plan ���Z Weld Well • Timeline for permits, easement Park and right-of-way acquisition: �. (-PrillprGrrtr 2-5 years r • Timeline to construct: 3-4 years • Estimated cost: To be determined CCW Barney Davis Seawater Desalination Estimated 20-50+ MGD • Desktop evaluation completed by HDR, Inc. to review feasibility, project timeline, and regulatory permitting requirements • CCW staff met with TCEQ to discuss permitting timeframes and potential challenges • Timeline for permits: 4. 7-10 years • Timeline to construct: 3-4 years • Estimated cost: $300-$500 Million CCW \ La Quinta Seawater Desalination Estimated 20-40+ MGD La Qu i nt Site 'q 1 • Water right intake permit: Expected fall 2023 • Discharge permit: In technical review LL Timeline to construct: � ' m - •- Land acquisition discussion will - hr I A ,��'� j► � ' begin in 2024 MIP T CCW Inner Harbor Seawater Desalination 20-30 MGD • Water right intake permit: . Granted October 2022 �`' • Discharge permit: Draft permit expected fall 2023 r • AEP electrical study: r 4aJJ= Nearing completion �'� � ` • USACE permit: Application in review /� • Timeline to construct: signed Land acquisition option contract si q p g ,� • Estimated cost: $250-$350 Million ($30-$50 Million grant funding available) Thank you ! Corpus Christi Water- Serving the Coastal Bend City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 1,2023 9:00 AM Council Chambers FY 2023-2024 Budget Workshop for Police, Fire, Municipal Court, and Development Services/Code Enforcement A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:07 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Assistant City Secretary Stephanie Box 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, Assistant City Attorney Buck Brice and Assistant City Secretary Stephanie Box Note: Council Member Pusley arrived at 9:08 a.m. Present: 8- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy, and Council Member Jim Klein Absent: 1 - Council Member Sylvia Campos C. BRIEFINGS: 1. 23-1288 FY 2023-2024 Budget Workshop for Police, Fire, Municipal Court, and Development Services/Code Enforcement Mayor Guajardo referred to Item 1. Police Chief Mike Markle presented information on the following topics: mission statement; about police department; services; community outreach; organization; FY 2023 achievements; performance measures; FY 2024 police department proposed budget: $105.7M; FY 2024 proposed budget general fund: $83.6M; FY 2024 proposed budget crime control fund: $11.2M; FY 2024 proposed budget metrocom fund: $9.1 M; FY 2024 enhancement 1; FY 2024 enhancement 2; FY 2024 enhancement 3; FY 2024 enhancement 4; FY 2024 enhancement 5; FY 2024 enhancement 6; FY 2024 enhancement 7; FY 2024 enhancement 8; and FY 2024 enhancement 9. Council Members, Police Chief Markle, City Manager Peter Zanoni, and Director of City of Corpus Christi Page 1 Printed on 8/14/2023 City Council Meeting Minutes August 1, 2023 Management and Budget Eddie Houlihan discussed the following topics: a request for a more detailed briefing about the Corpus Christi Police Athletic League; options are being discussed for re-purposing the existing police academy on Corona Street; currently there are 194 units, so the $250,000 enhancement will assist with acquiring about three or four more units; the Flour Bluff police substation is 4,000 square feet; a Council Member's concern about the high cost of the generator for the police substation; all building allocations in all departments increased significantly; the increase in the uniform division is for clothing for new officers; the minor office equipment for$500,000 under police training is for the two academies; a Council Member commended Chief Markle for staying within the overtime budget; the $4 million is a transfer from the general fund to Metrocom to cover the City's 77% share of the Metrocom expenses; the law enforcement trust funds are confiscated monies that are used for several items; a Council Member's concern about the considerable amount of traffic fatalities in the City; and the support of having more police officers on the streets. Fire Chief Brandon Wade presented information on the following topics: mission statement; about the fire department; organization; FY 2023 achievements; performance measures; FY 2024 fire department proposed budget: $80.18M; FY 2024 proposed budget general fund: $79.00M; FY 2024 proposed budget LEPC fund: $0.22M; increase in contributions to firefighter's retirement system; FY 2024 enhancement 1; FY 2024 enhancement 2; FY 2024 enhancement 3; FY 2024 enhancement 4; FY 2024 enhancement 5; FY 2024 enhancement 6; FY 2024 enhancement 7; FY 2024 enhancement 8; and FY 2024 enhancement 9. Council Members, Fire Chief Wade, City Manager Peter Zanoni, and Assistant Fire Chief Kenny Erben discussed the following topics: the number of inspections completed per fire code did not impact new construction; a request for data where the structure fires occur and how city numbers compare to other cities; a request for a breakdown of data for residential structure fires versus commercial; the fire department's response time is usually less than eight minutes; a fire truck arrives with the Emergency Medical Services (EMS) vehicle to assist with CPR and cardiac arrests; the fire department's grant writer is researching all available grants; a request for data on the most common causes of fires; the Refinery Terminal Fire Company does not have EMS transport services available; a Council Member's request for data when the EMS is called to refineries; the City's Fire Department responds to fires outside the refineries and performs air monitoring; the City does not get reimbursed for responding to fires at the refineries; a Council Member's suggestion that staff address charging industries for City fire service responses; the task money is for additional fire enhancements; the time frame to get a new fire truck is about 18 months; the average cost for an ambulance ride is $1,400; to look at the Industrial District Agreement to ensure no language prohibits billing; the fire department is exploring an ATV at station 7 (Staples and Doddridge); diesel exhaust systems will be installed at the new fire stations; a concern that overtime is close to 12%; a Council Member's concern with the increase in professional services for training; the fire department has zero sworn vacancies; and in the Capital Improvement Program, staff recommends replacing half of the 18 fire stations that were built in the 1950's. City of Corpus Christi Page 2 Printed on 8/14/2023 City Council Meeting Minutes August 1, 2023 Presiding Judge Chapa and Director of Municipal Court Services Gilbert Hernandez presented information on the following topics: mission statement; about municipal court; organization; FY 2023 achievements; performance measures; FY 2024 municipal court proposed budget: $7.04M; FY 2024 proposed budget general fund: $6.5M; FY 2024 proposed budget special revenue funds: $0.54M; FY 2024 enhancement; FY 2024 reduction; FY 2024 City Marshal reduction City Marshal overview; FY 2024 City Marshal reduction survey of top seven cities; FY 2024 City Marshal reduction arrest metrics for Class C misdemeanors; and FY 2024 City Marshal reductions. Council Members, Judge Chapa, and Director of Municipal Court Services Hernandez discussed the following topics: a Council Member's concern about the unbalanced organizational chart; traffic fines are reviewed and controlled by the Presiding Judge; a Council Member's desire to increase traffic fines to possibly reduce speeding violations; a Council Member's request for data for adjudicated cases versus dismissed cases; and a request for a breakdown by violations. D. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 12:00 p.m. City of Corpus Christi Page 3 Printed on 8/14/2023 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Thursday,August 10,2023 9:00 AM Council Chambers FY 2023-2024 Budget Workshop: Including but not limited to Public Works/Streets, Storm Water, Solid Waste, Property Tax Rate & Exemptions A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:09 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca 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 Risley and City Secretary Rebecca Huerta Note: Council Member Hunter attended by Webex. Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos C. BRIEFINGS: 1. 23-1340 FY 2023-2024 Budget Workshop: Including but not limited to Public Works/Streets, Storm Water, Solid Waste, Property Tax Rate & Exemptions The Sustainability and Coastal Resiliency Initiatives presentation from August 8 was postponed until August 10. Director of Management and Budget Eddie Houlihan presented information on the following topics: sustainability and coastal resiliency-no new department in FY 2024; and new programs for FY 2024. Council Members, City Manager Peter Zanoni, and Director Houlihan discussed the following topics: the Gulf Beach survey is an annual survey required by the state to assess erosion; the total in the city budget for sustainability and coastal resiliency is $4.8 million; be mindful of raising rates; consider cutting back in each department; the strategic planning and innovation office will provide an assessment of departments regarding sustainability; concern with having an air quality monitoring position; and the City of Corpus Christi Page 1 Printed on 8/18/2023 City Council Meeting Minutes August 10, 2023 importance of justifying the increase in budget for each department with more data or outcomes. Director of Public Works Ernesto De La Garza presented information on the following topics: streets mission statement; about public works-streets and traffic; organizational chart; FY 2023 achievements; performance measures; $380M in three years; street maintenance and reconstruction; FY 2023-2024 proposed budget street maintenance and reconstruction $122.68 Million; FY2024 proposed budget street maintenance fund: $46.88M; FY 2024 proposed budget residential street reconstruction fund: $19.97M; IMP snapshot FY 2021-2023; IMP snapshot FY 2024; PW In-house pilot program FY 2023-South Saxet Drive; PW In-house pilot program FY 2023-Baker Drive; PW In-house pilot program FY 2023-Summit Drive; PW In-house pilot program FY 2023-Claudia Drive; PW In-house pilot program FY 2023-Walker Drive; FY 2024 enhancement pavement assessment; FY 2024 enhancement digger derrick; FY 2024 enhancement traffic signal mast arm assessment; FY 2024 enhancement lighting study; FY 2024 enhancement SPID landscape maintenance; street maintenance fee history; and street maintenance fee (SMF) 3 year plan. Council Members, City Manager Peter Zanoni, Director De La Garza, Assistant City Manager Neiman Young, and Assistant Director of Public Works/Traffic Renee Couture discussed the following topics: the department's goal is to get all 254 signalized intersections into the traffic management system; the timing of some traffic lights can be modified; the City's goal is to eventually replace pothole teams with resurfacing teams; the new pavement only approach has decreased from 60 years to 12 years, and applies to residential streets only; a desire to remove the street user fee and include it somewhere in the budget; and a request for a breakdown of streets scheduled, completed and nothing accomplished. Director of Public Works Ernesto De La Garza presented information on the following topics: storm water mission statement; about public works-storm water; organizational chart; FY 2023 achievements; performance measures; FY 2024 proposed budget storm water fund: $29.1 M; FY 2023--2027 five-year enhancement forecast; FY 2022-2027 service enhancement forecast; FY 2023-2027 five-year forecast; FY 2024 enhancement in-house street sweeping; FY 2024 enhancement minor channel enhancement; FY 2024 enhancement pump stations improvement; and FY 2024 enhancement debt service for infrastructure. Council Members, City Manager Peter Zanoni, Director De La Garza, and Assistant Director of Public Works Gabriel Hinojosa discussed the following topics: one trash interceptor device has been installed on the Bayfront; a request for how many projects have been completed versus not completed to determine what can be accomplished; and a Homeowners Association is responsible for the maintenance of the drainage system for the retention ponds in a neighborhood. Director of Solid Waste Services David Lehfeldt presented information on the following City of Corpus Christi Page 2 Printed on 8/18/2023 City Council Meeting Minutes August 10, 2023 topics: mission statement; about solid waste services; services provided to residents; organization; FY 2023 achievements; FY 2024 solid waste services proposed budget: $35.7M; FY 24 proposed budget general fund 1020: $35.7M; proposed solid waste fee increase; average monthly residential rate by City; services funded by utility bill fees; cost of service year over year; operating expenses (FY 2020 vs. FY 2023); operating expenses examples-drivers; FY 2024 enhancement 1; FY 2024 enhancement 2; and FY 2024 enhancement 3. Council Members, City Manager Peter Zanoni, and Director Lehfeldt discussed the following topics: reducing the contamination rate will save the City money to process trash through the recycling facility; a description of what can and can't be recycled is placed on recycling bins; the department is modifying recycling cans with latching lids; the new transfer station will include a glass crusher; whether other options are available to promote a recycling program; how to increase the amount of recyclables in order to decrease the cost of the program; a significant increase in efficiencies is getting drivers home at a reasonable hour; and a Council Member's concern about the increase in overtime. Interim Director of Finance and Procurement Alma Casas presented information on the following topics: property taxable value and rate; city property tax rates; immediate relief; proposed city property tax exemption adjustments; and sample tax bill for City of Corpus Christi. Council Members, City Manager Peter Zanoni, and Interim Director Casas discussed the following topics: the total taxable value is $26 Billion; there is a $10 million difference from the no-new revenue rate and voter approval rate; a request for a breakdown of property values by residential and commercial for FY 2023 and FY 2024; and a request for the FY 2023 tax rate. D. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 12:35 p.m. City of Corpus Christi Page 3 Printed on 8/18/2023 Citof Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 15, 2023 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:36 a.m. B. Invocation to be given by Reverend Claudia M. Rush, Brooks AME Worship Center. Reverend Claudia M. Rush, Brooks AME Worship Center, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jake Ryan Ortega, Junior at Moody High School. Jake Ryan Ortega, Junior at Moody High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca 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 Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1266 Staff Announcement: Ryan Skrobarczyk- Intergovernmental Relations Director Doug Matthijetz - Deputy Fire Chief City Manager Peter Zanoni introduced the new Intergovernmental Relations Director Ryan Skrobarczyk. He began with the City on July 24 with over ten years of experience in public policy. Ryan has over six years of experience with Texas House of Representatives and the Texas Senate. City Manager Zanoni announced the new Deputy Fire Chief Doug Matthijetz. He has City of Corpus Christi Page 1 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 been with the City's Fire Department for 33 years. 2. 23-1330 Parks and Recreation Advisory Committee Update by Dr. Alissa Mejia, Committee Chair Parks and Recreation Advisory Committee (PRAC) Chair Dr. Alissa Mejia presented an update on the following topics: strategic plan and priorities; parks and recreation priorities; pedestrian and bicycle connectivity; communication; PRAC web page launch; PRAC playbook; Adopt-A-Park; erosion response plan; and further projects PRAC is tracking. Council Members thanked Dr. Mejia for her service and leadership with Parks and Recreation. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Merida Forrest, 7114 Grape Arbor Dr., spoke in opposition to raising residential water rate increases and in support of raising industrial water rates. Shawn Flanagan, 4218 Herndon St., spoke in opposition to an environmental and sustainability department. Amanda Guerra, 6410 Windhollow Dr., spoke about the Municipal Court Director's budget report. Blanca Parkinson, 10801 Silverton Dr., spoke about the lack of information for a drought contingency plan. Linda Lindsey, 3002 Cedar Springs Rd., spoke about repurposing sales tax for parks. Rachel Caballero, 522 Hancock, Ave., expressed her desire for no tax rate or utility rate increases, and a concern about how Certificates of Obligation are used. Isabel Araiza, 326 Poenisch Dr., spoke about issues with the audio/visual technology and supports a water rate increase for high volume water users. Randall Hicks, 3809 Walking Oaks Lane, spoke in support of the City repurposing Type A sales tax funding. John Weber, 609 Naples St., spoke in opposition of rezoning Item 6 and in opposition to Items 15 and 16. John LaRue, 426 Cape Lookout, spoke in support of the City repurposing Type A sales tax funding for airport services. Samuel Aundra Fryer, 2222 Cardinales Lane, spoke in opposition to a sustainability City of Corpus Christi Page 2 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 and resiliency department. Marcus Sarate, 3126 Austin St., spoke in opposition of eliminating City Marshals. Glenn Holland, 3905 Priscilla Dr., spoke in support of public safety and City Marshals, and to enforce harsher punishment for criminals. Victoria Holland, 235 Ohio Ave., spoke about whether the City can support the Capital Improvement Plan. Melissa Nucete, 6530 Peacock and Barbara Gennaway, 7022 Monalisa Circle, stated concern about euthanizing dogs and for the City to enforce spay and neuter ordinances. Marlon and Mattie Chapman, 1617 Peabody Ave., spoke about the lack of response to a gas leak near their home. Susie Saldana, 4710 Hakel Dr., expressed disappointment about Council not attending a Feria de las Flores event. Adam Rios, 7301 Tangled Ridge Court, advocated for the skateboarding community. Al Arreola, 301 Louise Dr., spoke in support of Items 15 and 16 regarding the convention center proposition. Jessica Palitza, 606 Hopper Dr., spoke in support of increasing water rates for high volume water users, and in support of a sustainability department. Lois Huff, 5818 Saint Andrews Dr., spoke in support of increasing water rates for high volume water users and opposed to raising rates for residential users. Eric Tunchez, 4437 Kirkwood Dr., spoke about a concern that water is shut off at several properties. Jesse Gilbert, spoke in support of Items 15 and 16 regarding the convention center complex. Michael Miller, 51 Camden Place, spoke regarding concern about the City sustaining a hotel/convention center. Brittany Garcia, 3214 Brawner Parkway, spoke in support of increasing water rates for high volume water users and opposed to raising water rates for residential users. Catherine Barnes, 520 S. Chaparral St., spoke about a concern with the proposed budget and the way Certificates of Obligation are used. Encarnacion Serna, Portland, TX, spoke in opposition to desalination projects. City of Corpus Christi Page 3 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 The following citizen submitted a written public comment which is attached to the minutes: Deven Bhakta, 40 E. Bar Le Doc Dr. G. BUDGET RELATED ITEMS: (ITEM 3) 3. 23-1357 Resolution to consider a proposed ad valorem tax rate of no more than $0.599774 per$100 valuation for Fiscal Year(FY) 2024 and taking a record vote; setting the date for the City's proposed FY 2024 ad valorem tax rate public hearing and first reading ordinance on August 29, 2023, with adoption of the FY 2024 ad valorem tax rate on September 5, 2023. Mayor Guajardo referred to Item 3. Interim Director of Finance and Procurement Alma Casas stated that this item is to take a record vote on a rate not to exceed $0.599774. Council Members, City Manager Peter Zanoni, and Interim Director Casas discussed the following topics: the no-new revenue rate is $.55838; and to be purposeful in educating others as to what this means. Council Member Hernandez moved to approve the resolution, seconded by Council Member Suckley. This Resolution was passed and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 2- Council Member Hunter and Council Member Klein Abstained: 0 Enactment No: 033125 H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 4 - 13) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 7 was pulled for individual consideration. Council Member Pusley moved to approve the consent agenda with the exception of Item 7, seconded by Council Member Barrera. The motion carried by the following vote: City of Corpus Christi Page 4 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 4. 23-1314 Approval of the August 3, 2023 Budget Workshop and August 8, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 5. 23-1180 Ordinance authorizing acceptance and future amendments of Women, Infant and Children's Nutrition Program (WIC) grant for$1,172,131.00 from the Texas Department of State Health Services (DSHS); appropriating $1,172,131.00 to provide funding for the WIC program for the period of October 1, 2023, through September 30, 2024; and authorizing thirteen grant positions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033126 6. 23-1190 Zoning Case No. 0623-04, Southern Builders Co LLC (District 2). Ordinance rezoning a property at or near 639 Del Mar Boulevard from the "RS-6" Single-Family 6 District to the "RS-TH" Townhouse District; Providing for a penalty not to exceed $2,000 and publication.(Planning Commission and Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TH" Townhouse District) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033127 Consent-Contracts and Procurement 7. 23-1152 Motion authorizing execution of a three-year service agreement, with two one-year extensions, with Digitech Computer, LLC., of Chappaqua, New York, for emergency medical services (EMS) billing and collection services with payment for Texas Ambulance Supplemental Payment Program (TASPP) reporting, with the anticipated payment to be $2,126,010.00 over the term and approximately $3,603,205.00 if all options are exercised, with no funding required for FY 2023 and future funding subject to budget approval. Mayor Guajardo referred to Item 7. A Council Member commended the fire department and City leadership for their efforts on moving this program forward. Council Member Hunter moved to approve the motion, seconded by Council Member City of Corpus Christi Page 5 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 Pusley. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2023-116 8. 23-1123 Motion authorizing execution of a one-year service agreement, with two one-year options, with Herc Rentals Inc. of Atlanta, Georgia, with an office in Corpus Christi, through Omnia Partners Cooperative, in an amount not to exceed $900,000.00, with a potential amount of$2,700,000.00 if options are exercised, for the rental of heavy equipment for Corpus Christi Water, with FY 2023 funding of$75,000.00 from the Water and Wastewater Funds. This Motion was passed on the consent agenda. Enactment No: M2023-117 9. 23-0662 Motion authorizing execution of Amendment No. 9 to the service agreement with USIO Output Solutions, Inc., of San Antonio for an amount not to exceed $886,886.48, for a revised total amount of$5,391,462.14, to provide additional utility bill printing and mailing services, with FY 2023 funds of $221,722.00 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2023-118 10. 23-1127 Motion authorizing execution of a five-year service agreement with Arbitrage Compliance Specialists, Inc., of Greenwood Village, Colorado, for $83,470.00, to provide arbitrage compliance services, with no funding required in FY 2023 and funding in future fiscal years subject to budget approval. This Motion was passed on the consent agenda. Enactment No: M2023-119 11. 23-1299 Motion authorizing the execution of a five-year master lease-purchase financing agreement with JP Morgan Chase Bank, N.A., of Chicago, Illinois, for annual vehicle and machinery acquisitions of approximately $19,164,137.81, with no funding required for FY 2023 and future funding subject to budget approval. This Motion was passed on the consent agenda. Enactment No: M2023-120 General Consent Items 12. 23-1300 Resolution approving the amended bylaws to include a provision for board City of Corpus Christi Page 6 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 member absences for the Corpus Christi Business and Job Development Corporation (the "Corpus Christi Business and Job Development Corporation") as approved by the Board of Directors of the Corpus Christi Business and Job Development Corporation on July 17, 2023. This Resolution was passed on the consent agenda. Enactment No: 033128 13. 23-1301 Resolution approving the amended bylaws to include a provision for board member absences for the Corpus Christi B Corporation (the "Type B Corporation") as approved by the Board of Directors of the Corpus Christi B Corporation on July 17, 2023. This Resolution was passed on the consent agenda. Enactment No: 033129 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:43 p.m. Mayor Guajardo reconvened the meeting at 2:25 p.m. L. PUBLIC HEARINGS: (ITEM 14) 14. 23-1290 Ordinance amending the Urban Transportation Plan Map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, upon application by MPM Development LP, to remove the southward extension of Sunny Drive, a proposed C1 Minor Residential Collector located between Starlite Lane and Haven Drive, and to remove a northwestward extension of Haven Drive, a proposed A2 Secondary Arterial located between the existing Haven Drive and Violet Road. Mayor Guajardo referred to Item 14. A Council Member would like to table this item to allow staff and the contractor more time to address some issues. Council Member Roy moved to table this item, seconded by Council Member Hernandez. This Item was Tabled with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 15 - 17) 15. 23-1291 Resolution by the City Council of Corpus Christi, Texas designating and establishing the Convention Center Complex and certain City Parks as City of Corpus Christi Page 7 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 projects authorized by Chapters 504 and 505 of the Texas Local Government Code; identifying a method for financing the project; and resolving other matters in connection therewith. Mayor Guajardo referred to Item 15. Assistant City Manager Heather Hurlbert presented information on the following topics: convention center project scope; estimated project investment; potential revenues; Type A repurposing; convention center complex defined by resolution; current Type A sales tax revenue seawall fund use; regional parks defined by resolution; location of each regional park; five mile radius for each regional park; proposition proposed ballot language; and recommendation. Council Members, City Manager Zanoni, Assistant City Manager Hurlbert, and Bond Counsel Clay Binford with McCall, Parkhurst and Horton LLP discussed the following topics: the City's role in the convention center hotel complex is to maintain ownership of the land; the pros and cons of incentivizing airport funding; to be cognizant of what the City offers as an incentive; and the proposed $200 million for the convention center complex came from the Hunden study and based on industry standards. Mayor Guajardo opened public comment. Ted Mandel, 15306 Key Largo Court, spoke in support of Type A funding at the airport, and would like to see more money spent on air service development. Mayor Guajardo closed public comment. Council Member Roy moved to approve the resolution, seconded by Council Member Campos. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033130 16. 23-1265 One-reading ordinance calling a Special Election to be held in the City of Corpus Christi, Texas to repurpose two local sales and use taxes for financing the City's Convention Center Complex, Regional Parks, and Commercial / Industrial Streets and new destination flight options; making provision for the conduct of the election; and resolving other matters related to such election. Mayor Guajardo referred to Item 16. Mayor Guajardo opened public comment. There were no comments from the public. City of Corpus Christi Page 8 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 Mayor Guajardo closed public comment. Council Member Pusley moved to approve the ordinance, seconded by Council Member Campos and passed unanimously. Council Member Barrera moved to amend the ordinance in Measure A to read, "the succeeding categories (2) and (3) and a meaningful amount (as annually determined by the City Council), but not more than 5%, applied to the succeeding category (4)," seconded by Council Member Roy and passed unanimously. Council Member Roy moved to approve the ordinance as amended, seconded by Council Member Barrera and passed unanimously. Council Member Pusley moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033131 17. 23-1287 Resolution authorizing the City Manager or designee to execute all documents necessary to enter into an interlocal agreement with the Texas General Land Office to accept the donation of two beach access wheelchairs from the Texas General Land Office. Mayor Guajardo referred to Item 17. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Hunter moved to approve the resolution, seconded by Council Member Suckley. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033132 N. BRIEFINGS: (ITEM 18) 18. 23-1297 Corpus Christi Regional Economic Development Corporation (CCREDC) City of Corpus Christi Page 9 Printed on 8/18/2023 City Council Meeting Minutes August 15, 2023 Quarterly Update to City Council (The second quarter of 2023) Mayor Guajardo referred to Item 18. Corpus Christi Regional Economic Development Corporation (CCREDC) Chief Executive Officer(CEO) Mike Culbertson presented information on the following topics: mission statement; Corpus Christi M/A housing report; sales tax collections allocations; employment by sector for selected month/Corpus Christi; MSA unemployment rates; CCREDC project pipeline; area projects net taxable value; CCREDC 2021-2022 projects; and business attraction trade shows. Council Members and CEO Culbertson discussed the following topics: a request for the number of licensed/certified special skilled careers throughout the City; the CCREDC provides databases, compliance, incentives, and economic modeling to San Patricio County; the amount of commercial building permits are similar to last year; and 25% of 16-24 year olds are unemployed or not in school. O. EXECUTIVE SESSION: (NONE) P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 4:24 p.m. City of Corpus Christi Page 10 Printed on 8/18/2023 Norma Duran From: Jotform <noreply@jotform.com> Sent: Tuesday, August 15, 2023 10:27 AM To: CitySecretary; Norma Duran Subject: [EXTERNAL]Public Input: 08-15-2023 - Deven Bhakta [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] � yPublic Comment & Input Form Date of Meeting 08-15-2023 Name Deven Bhakta Address Street Address: 40 E Bar Le Doc Dr City: Corpus Christi State/ Province:TX Postal/Zip Code: 78414 Topic Repurposing of Sales Tax Agenda Item Number 23-1265 Describe Feedback: I am the CEO of ZJZ Hospitality Inc, a locally based hotel development company with over 30 developed hotels as well as the newest coming to downtown Corpus Christi. I currently serve as Chairman of the Board for Visit Corpus Christi and wanted to express my overwhelming support for the repurpose of sales tax to help unlock our cities potential. Quick history: I had just begun my appointment to the Texas Hotel and Lodging Association Board when legislation was passed adding Corpus Christi as an enterprise zone enabling the use of state HOT for convention center/hotel projects. At the time, like most hotel owners, I was skeptical of the success of such projects which had taken roots in Austin, Dallas, and Houston. After seeing the enormous success of these developments and many more across this country, my skepticism changed to optimism (Please see attached letter for remainder) Uploads: Deven Bhakta Letter of Support.0 1 AMII 8/15/2023 ZJZ HOSPITALITY INC • �Ln.�,mecA..n nnl U+.�Iq,men, Mayor Guajardo, Council, and Peter Zanoni I am the CEO of ZJZ Hospitality Inc, a locally based hotel development company with over 30 developed hotels as well as the newest coming to downtown Corpus Christi. I currently serve as Chairman of the Board for Visit Corpus Christi and wanted to express my overwhelming support for the repurpose of sales tax to help unlock our cities potential. Quick history: I had just begun my appointment to the Texas Hotel and Lodging Association Board when legislation was passed adding Corpus Christi as an enterprise zone enabling the use of state HOT for convention center/hotel projects. At the time, like most hotel owners, I was skeptical of the success of such projects which had taken roots in Austin, Dallas, and Houston. After seeing the enormous success of these developments and many more across this country, my skepticism changed to optimism although my doubts still existed as the overall scope of the project proposed over the years was at times narrow thinking with no masterplan of a node of entertainment with restaurants bars and other entertainment. Over the past year, I've been extremely excited at the direction this project has taken and the support of our elected officials to develop the entire area which is the key to the long-term success of this project and erased any doubt of the validity and impact of a project like could make for our community. Secondarily, the success of these types of developments hinges on access. With major highways to Houston,Austin, San Antonio and Dallas; our drive location is preferable to many,but we are also alienating a portion of our potential visitors with lack of airline • variety and direct routes. In addition to the VCC Board, I have also been appointed the Chair of the Air Services Task Force for CLIA and our biggest goal is to bring more flight options to our visitors as well as our residents, many of which drive out of town DAILY to catch a flight outside of our airport. It is vital that part of this initiative, that air travel is also addressed and what better time than now with 2 grant programs at CCIAs'disposal • which need some committed funds locally to activate. The economic impact of such a • development would improve the lives of all Corpus Christi residents and the quality-of-life components we all seek; better schools, more jobs, better streets, and infrastructure would all see more funding because of this development. The support of the council to put this measure on the ballot would allow Corpus Christi to finally develop and become what it has always destined to be; a world class destination to work and play. Thank you for your time. �+k Sincerely , Deven BhaktaON ZJZ Hospitality Inc President Chairman—Visit Corpus Christi Board of DirectorsY Chairman— CCIA Air Services Task Force , �o 01 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Operations DavidL3(a)-cctexas.com (361) 826-1966 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(d)-cctexas.com (361) 826-3169 Refuse and Recycling Carts for Solid Waste Services CAPTION: Motion authorizing the execution of a one-year supply agreement with Rehrig Pacific Company, through the OMNIA Partners Cooperative, for $742,014.00, to purchase refuse and recycling carts for the Solid Waste Department, with FY 2024 funding from the General Fund, subject to budget approval. SUMMARY: This motion authorizes a one-year supply agreement with Rehrig Pacific to purchase 13,338 95-gallon carts, consisting of 9,126 brown refuse carts and 4,212 blue recycling carts for the Solid Waste Department. BACKGROUND AND FINDINGS: The Solid Waste Department provides curbside collection service to about 97,000 accounts for garbage, recycling, heavy bush, and bulky items. Residential garbage and recycling are currently collected from 95-gallon carts using automated collection trucks. Due to the limited cart inventory storage capacity, the department requires incremental shipments of carts over a 12-month period to align with the demand for new and replacement carts. To be consistent with other major cities, Solid Waste Services now issues brown carts instead of green carts for garbage collection. By replacing green carts with brown carts, the city will be better poised to adopt an organics collection program utilizing the industry standard green carts at a future date. In addition, newly purchased recycling carts will be issued to residents with an in-mold label depicting items accepted by our recycling program. Due to fluctuation in the cost of plastic resin, the purchase price for the carts went from $61.84 per cart in 2021 to $55.00 at the City's last purchase in August 2022. The current cost for this contract is approximately $55.63 per cart. PROCUREMENT DETAIL: This procurement is through the OMNIA Partners Cooperative Purchasing Program. Contracts awarded through the OMNIA Partners Cooperative Purchasing Program have been competitively procured, in compliance with Texas local and State procurement requirements. The incumbent, Rehrig Pacific Company, currently supplies refuse and recycling carts for Solid Waste Services. The current agreement is for one year for a total of$833,330.16. The new contract price offers a decrease in price of 12.30%. The price comparison for like refuse and recycling carts and options through the H-GAC Cooperative was more than 8% ($787,798.44 & $806,718.90 vs $742,014.00). REHRIG PACIFIC DURAMAX HOLDINGS LLC SCHAEFER PLASTICS COOP Comparison COMPANY dba OTTO NORTH AMERICA, LLC Refuse and Recycling Carts for Solid Waste ENVIRONMENTAL SYSTEMS OMNIA#00254 HGAC#RC-0121 HGAC#RC-0121 ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL 1 95 Gallon Trash Cart- Lt Brown 9,126 EA $55.00 $501,930.00 $57.40 $523,832.40 $58.32 $532,229.88 2 95 Gallon Reclycle Cart- Blue 4,212 EA $55.00 $231,660.00 $57.40 $241,768.80 $63.18 $266,114.94 3 95 Gallon Reclycle Cart- Blue 4,212 EA $2.001 $8,424.001 $5.271 $22,197.241 $1.991 $8,374.08 TOTALS 1 $742,014.001 1 $787,798.441 $806,718.901 ALTERNATIVES: The alternative to securing a supply agreement would be to purchase refuse and recycling carts on an as needed basis, which would be less efficient, more costly, and would have the potential to adversely impact customer service. FISCAL IMPACT: The fiscal impact for Solid Waste Services in FY 2024 is $742,014.00 from the General Fund for this one-year supply agreement. FUNDING DETAIL: Fund: 1020-General Fund Organization/Activity: 12510-Refuse Collection Mission Element: Department 31-Solid Waste Services Project # (CIP Only): N/A Account: 520130-Maintenance and Repair Amount: $501,930 Fund: 1020-General Fund Organization/Activity: 12512-Recycling Collection Mission Element: Department: 31-Solid Waste Services Project # (CIP Only): N/A Account: 520130-Maintenance and Repair Amount: $240,084 RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year supply agreement with Rehrig Pacific Company as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Supply Agreement PRICE SHEET REFUSE AND RECYCLING CARTS FOR SOLID WASTE OPERATIONS OMNIA PARTNERS CONTRACT#00254 SENIOR BUYER:TRACY GARZA REHRIG PACIFIC COMPANY LOS ANGELES, CA ITEM DESCRIPTION QUANTITY COST EXTENDED PRICE 1 95 Gallon EG Trash Cart/ Lt Brown BR20 9,126 $55.00 $501,930.00 2 95 Gallon EG Recycling Cart/ Pespi Blue BL55 4,212 $55.00 $231,660.00 3 In-Mold Label for Recycling Lids 4,212 $2.00 $8,424.00 GRAND TOTALI $742,014.00 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD se G� w SUPPLY AGREEMENT NO. 5017 U Refuse and Recycling Carts for Solid Waste Operations yaaaoRn 1852 THIS Refuse and Recycling Carts for Solid Waste Operations Supply Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Rehrig Pacific Company ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Refuse and Recycling Carts forSild Waste Operations in response to Request for Bid No. 5017 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Refuse and Recycling Carts for Solid Waste Operations in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement 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 prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD 3. Compensation and Payment. This Agreement is for an amount not to exceed $742,014.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabriel Maldondo Department: Solid Waste Operations Phone: 361-826-1986 Email: GabrielM3Ccctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Maldonado Title: Contracts/Funds Administrator Address: 2525 Hygeia, Corpus Christi, Texas 78415 Phone: 361-826-1986 Fax: N/A IF TO CONTRACTOR: Rehrig Pacific Company Attn: Ryan Paulk Title: Director Sales-Operations Address: 635 West Mockingbird Lane, Dallas, Texas 75247 Phone: 479-295-7859 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD CONTRACTOR DocuSigned by: Signature: Printed Name-. Rebecca Vara Title: vice President of sales Date: 7/24/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB No. 5017 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD ATTACHMENT A: SCOPE OF WORK The Contractor shall supply approximately 9,126 of the 95 Gallon EG Trash Carts ROC LT Brown (BR20) and 4,212 of the 95 Gallon EG Recycling Carts Pepsi Blue (BL55). The Contractor shall be responsible for the manufacturing and delivering of waste carts, recycling carts, cart parts, bins and related products and services. 1 . The cart shall be manufactured from high-density polyethylene (HDPE). The HDPE must have a density of 0.947 to 0.968 grams cm3. The melt Index (MI) of the HDPE must be at minimum, 4.0. 2. The cart shall have an ultraviolet (UV) inhibitor to prevent deterioration and shattering. The Ultraviolet inhibitor shall be added at a minimum of 2% by weight, thus ensuring maximum protection from elements. 3. The cart shall be manufactured with a smooth non-textured surface inside and shall have no sharp edges on the outside. 4. The cart shall be manufactured with a narrow width design to fit through a 30-inch door opening. The cart shall be manufactured with a foot operated tilt feature designed in the axle area to facilitate easy tipping. 5. Cart shall be furnished with two (2) plastic molded, minimum 1 3/" cross- section snap on wheels and each shall be furnished with an inner lock pin made from corrosion resistant material. Cart wheels for the 95/96-gallon carts must have a minimum diameter of 10 inches. 6. Cart shall be furnished with a 5/8-inch minimum solid steel axle with corrosion resistant coating that shall securely attached to body by molded axle retainers. The axle must slide in the cart bottom and must not be exposed to contents inside of the container. Metal attachments are not acceptable. CART MARKING 1 . Manufacturer Information: Carts shall permanently be identified with a) manufacturer's name or trademark b) model c) year and month of manufacture d) manufacturer's maximum load weight rating e) volumetric capacity 2. Logo: The City logo will be inscribed or hot-stamped in white color on both sides of the body of the cart. Decals, sticker, or surface paint are not acceptable. Final art approval is at the discretion of the City. The logo shall be in the shape of a rectangle and sizes shall be per cart size. 1 OF 2 DocuSign Envelope ID: 18E7860C-08FD-4F51-B3A5-C189E5A1BOBD DELIVERY OF CARTS The Contractor shall make deliveries of waste carts, recycling carts, within 45 calendar days after the date of the purchase order. In cases where the delivery and availability will be delayed, the Contractor shall notify the City within 48 hours from the date of the purchase order. 20F2 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD B; PRICE SCHEDULE l Locations: _ , 1000 Raco Court,Lawrenceville,GA 30046 8875 Commerce Dr,DeSoto,KS 66018 ehrJ Tacific ( ompanp 625 West Mockingbird Lane,Dallas,TX 75247 7800 100th St,Pleasant Prairie,WI 53158 Proposal —E Tara 1738 W.20th St,Erie,PA 16502 4010 East 26th St,Los Angeles,CA 90058 7452 Presidents Dr,Orlando,FL 32809 Proposal#: C0153 04242023 US Communities(OMNIA Partners) Contract Number:00254 July 12,2023 7ei ti City of Corpus Christi 2525 Hygeia 8469 Corpus Christi,TX 78469 Name:Tai Apilado Name:Gabriel Maldonado Phone:361-826-1975 Phone:(361)826-1986 E-mail:TaiA@cctexas.com E-Mail:GabrielM3@cctexas.com QUANTITY PRICE Rollout Cart Type: 95 Gallon EG Trash Cart 9,126 $55.00 $ 501,930.00 Body Color: Lt Brown(BR20) Lid Color: Lt Brown(BR20) Wheels/Casters: 10"Snap on with Intergrated Spacer US Communities Part Number: ROC-95EG TRASH Body Artwork: City of Corpus Christi Lid Artwork: Rollout Cart Type: 95 Gallon EG Recycling Cart 4,212 $55.00 $ 231,660.00 Body Color: Pepsi Blue(BL55) Lid Color: Pepsi Blue(BL55) Wheels/Casters: 10"Snap on with Intergrated Spacer US Communities Part Number: ROC-95EG Body Artwork: City of Corpus Christi Lid Artwork:Recycling Brand and In-Mold Label In-Mold Label for Recycling Lids 4,212 $2.00 $ 8,424.00 Is Product Taxable? No Subtotal= $ 742,014.00 Is Freight taxable? No Tax on Product= Tax Rate: Exempt Truckload Freight Rate= Included Terms: Net 30 Days Tax on Freight= Total= $ 742,014.00 ADDITIONAL INFORMATION: Contract Options: US Communities Ship From: Dallas,TX Leadtime: TBD-Will be determined upon receipt of order Contract Clarification: —Pricing shall be firm from October 1,2023 thru September 30,2024 Warranty: 10 year unprorated warranty Quote Valid: 30 Days Taxes: All applicable taxes shall be paid by the Buyer unless a proper exemption is provided and validated. :PRESENTED D _ "1 JzOrig Ya frTt Tom pany t7Q n* a/Park ey 7/12/2023 G'Anna Parkey Date Sign and Print Name Date Territory Sales Manager Cell(830)308-9020 Title: gparkeyCcDreh riq.com 7o initiate order, !etre cafforjotdj%gndpropoidiwfaxoremadto 43menteday reprosentatim A FAMILYTRADITION OF GROWTH,SERVICE AND INNOVATION Page 1 of 1 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a 1 OF 3 DocuSign Envelope ID: 18E7860C-08FD-4F51-B3A5-C189E5A1BOBD 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 2OF3 DocuSign Envelope ID: 18E7860C-08FD-4F51-B3A5-C189E5A1BOBD 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. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. 3OF3 DocuSign Envelope ID: 18E786OC-08FD-4F51-B3A5-C189E5A1BOBD ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall fully guarantee the performance of the carts and warrant carts against defect in materials and workmanship for a minimum of ten (10) years on all carts after the date of acceptance of the product. Page 1 of 1 DURAMAX HOLDINGS LLC SCHAEFER PLASTICS NORTH COOP Comparison REHRIG PACIFIC COMPANY dba OTTO ENVIRONMENTAL Refuse and Recycling Carts for Solid Waste SYSTEMS AMERICA,LLC OMNIA#00254 HGAC#RC-0121 HGAC#RC-0121 ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL 1 95 Gallon Trash Cart-Lt Brown 9,126 EA $55.00 $501,930.00 $57.40 $523,832.40 $58.32 $532,229.88 2 95 Gallon Reclycle Cart-Blue 4,212 EA $55.00 $231,660.00 $57.40 $241,768.80 $63.18 $266,114.94 3 In-Mold Label for Recycling Lids 4,212 EA $2.00 $8,424.00 $5.27 $22,197.24 $1.99 $8,374.08 TOTA LS $742,014.00 $787,798.44 $806,718.90 ,mus cx �t o NCORPOR I AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 22, 2023 DATE: August 15, 2023 TO: Peter Zanoni, City Manager FROM: David S. Lehfeldt, Director of Solid Waste Services DavidL3(d)-cctexas.com (361) 826-1966 Josh Chronley, Assistant Director Finance & Procurement JoshC2 _cctexas.com (361) 826-3169 Purchase of Roll-Off Containers for Solid Waste Services CAPTION: Motion authorizing the purchase of 14 roll-off containers from Roll-Offs USA of Durant, Oklahoma through the H-GAC Purchasing Cooperative for $138,000.00 for Solid Waste Services, with FY 2023 funding from the General Fund. SUMMARY: This motion authorizes the purchase of 14 roll-off containers from Roll-Offs USA of Durant, Oklahoma, to support Solid Waste Services. BACKGROUND AND FINDINGS: This purchase will replace eight roll-off containers used by the wastewater treatment plants, four roll-off containers used at JC Elliott Transfer Station, and two roll-off containers used for special events and requests by other departments. In fiscal year 2015, Solid Waste Services assumed responsibility for the wastewater sludge hauling operations, which is reimbursed annually by the Wastewater Fund through budgeted interfund transfers. The City's wastewater treatment plants process wastewater sludge through a filter press and the resulting filter press cake is discharged into roll-off containers. These containers are then picked up by Solid Waste and transported for disposal at Cefe Valenzuela Landfill. The filter press operations are designed around the use of roll-off containers. The containers used by the wastewater treatment plants are constructed liquid-tight to prevent leakage and spillage during transportation. The new containers will be incorporated into wastewater treatment operations, to replace worn and corroded containers determined unsuitable for repair. Roll-off containers are used at JC Elliott Transfer Station for waste drop-off by residents and commercial customers. On average 500 — 600 customers per day dispose of waste at the Transfer Station. These containers are required based on the design of the current transfer station. In addition, scrap metal dropped off is loaded into these roll-off containers and sent for recycling. The City's Parks and Recreation department utilizes roll-off containers at several locations around the city; North Beach, Water Front District, Cole Park, Marina, Packery Chanel, West Guth Park, and others. Solid Waste services these containers. In addition, Solid Waste supplies roll-off containers on an as-needed basis for special events and other city departments that request for cleanups. Solid Waste maintains over 80 containers with an average life span of 5 - 10 years. Sludge and Transfer Station containers are heavily used, and repairs are made to the extent it is no longer economically viable. Containers used for Parks operations are often in close proximity to the ocean and experience aggressive corrosion and have a shortened life. Eventually, the containers are no longer road worthy and become a DOT safety hazard. New containers are purchased every year and are based on inventory assessments. PROCUREMENT DETAIL: This procurement is through the H-GAC Purchasing Cooperative. This one-time purchase from Roll-Offs USA of Durant, Oklahoma has been competitively procured in compliance with the Texas Local and State procurement requirements. Roll-Offs USA through the H-GAC Purchasing Cooperative offers a cost savings of 2% less than the Manufacturer Suggested Retail Price (MSRP). The price comparison for like containers with options from WASTEQUIP and Box Gang Manufacturing, LLC through the Sourcewell Cooperative was more than 5.18% - 6.07%. BOX GANG COOP Comparison-Roll Off Containers for Solid Waste ROLL-OFFS USA WASTEQUIP MANUFACTURING LLC HGAC#RH08-20 Sourcewell#040621-WQI Sourcewell#040621-BXG ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL 17 YARD ROLLOFF BOXES-Open top,liquid 1 tight,with roll tarp 6 EA $ 9,400.00 $ 56,400.00 $ 9,440.00 $ 56,640.00 $ 6,653.00 $ 39,918.00 Extra Coat of primer,Side roll tarp system, Carboline Epoxy Coating 6 EA $ 2,167.00 $ 13,002.00 $ 3,600.00 $ 21,600.00 25 YARD ROLLOFF BOXES-Open top,liquid 2 tight,with roll tarp 2 EA $10,275.00 $ 20,550.00 $ 9,042.00 $ 18,084.00 $ 7,570.00 $ 15,140.00 Extra Coat of primer,Side roll tarp system, Carboline Epoxy Coating 2 EA $ 2,317.00 $ 4,634.00 $ 3,750.00 $ 7,500.00 30 YARD ROLLOFF BOXES-Open top,regular 3 duty C&D boxes 2 EA $ 7,075.00 $ 14,150.00 $ 5,826.00 $ 11,652.00 $ 6,710.00 $ 13,420.00 Extra Coat of primer,Carboline Epoxy Coating 2 EA $ 1,100.00 $ 2,200.00 $ 804.00 $ 1,608.00 40 YARD ROLLOFF BOXES-Open top,regular 4 duty C&D boxes 4 EA $ 8,550.00 $ 34,200.00 $ 7,490.00 $ 29,960.00 $ 7,516.00 $ 30,064.00 Extra Coat of primer,Carboline Epoxy Coating 4 EA $ 1,225.00 $ 4,900.00 $ 2,097.00 $ 8,388.00 5 Shipping 1 EA $12,700.00 $ 12,700.00 $ 4,081.00 $ 4,081.00 $ 8,750.00 $ 8,750.00 TOTALS $138,000.00 $ 145,153.00 $ 146,388.00 ALTERNATIVES: One alternative is to not replace boxes that have reached the end of their useful life. The boxes will become a safety risk to users and public and taking them out of service, without replacement, will impact production and Solid Waste's ability to service the public. Another alternative is to outsource operations to a third party at a much greater cost to the City. FISCAL IMPACT: The fiscal impact for FY2023 is a total amount of $138,000.00 for the purchase of 14 roll-off containers funded through the General Fund. FUNDING DETAIL: Fund: 1020 Organization/Activity: 12504 Mission Element: Project # (CIP Only): N/A Department 31 Account: 550040 Amount: $48,350 Fund: 1020 Organization/Activity: 12513 Mission Element: Project # (CIP Only): N/A Department 31 Account: 550040 Amount: $89,650 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of 14 roll-off containers from Roll-Offs USA as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet COOP Comparison PRICE SHEET PURCHASE OF ROLL OFF CONTAINERS FOR SOLID WASTE OPERATIONS H-GAC CONTRACT# RH08-20 SENIOR BUYER:TRACY GARZA ROLL OFFS USA DURANT, OKLAHOMA ITEM DESCRIPTION QTY UNIT COST TOTAL PRICE 17 YARD ROLLOFF BOXES-Open top, liquid tight,with roll tarp. 1 Extra Coat of primer,Side roll tarp system,Carboline Epoxy 6 $9,400.00 $56,400.00 Coating 25 YARD ROLLOFF BOXES-Open top, liquid tight,with roll tarp. 2 Extra Coat of primer,Side roll tarp system,Carboline Epoxy 2 $10,275.00 $20,550.00 Coating 3 30 YARD ROLLOFF BOXES-Open top, regular duty C&D boxes. 2 $7,075.00 $14,150.00 Extra Coat of primer, Carboline Epoxy Coating 4 40 YARD ROLLOFF BOXES-Open top, regular duty C&D boxes. 4 $8,550.00 $34,200.00 Extra Coat of primer, Carboline Epoxy Coating 5 Shipping 1 $12,700.00 1 $12,700.00 GRAND TOTAL 1 $138,000.00 COOP Comparison BOX GANG Roll Off Confainers for Solid Wasfe Operafions ROLL-OFFS USA WASTEQUIP MANUFACTURING LLC HGAC#RH08-20 Sourcewell#040621-WQI Sourcewell#040621-BXG ITEM DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL UNIT PRICE PRICE TOTAL 17 YARD ROLLOFF BOXES-Open top,liquid tight, 1 with roll tarp 6 EA $ 9,400.00 $ 56,400.00 $ 9,440.00 $ 56,640.00 $ 6,653.00 $ 39,918.00 Extra Coat of primer,Side roll tarp system, Carboline Epoxy Coating 6 EA 1 $ 2,167.00 $ 13,002.00 $ 3,600.00 $ 21,600.00 25 YARD ROLLOFF BOXES-Open top,liquid tight, 2 with roll tarp 2 EA $10,275.00 $ 20,550.00 $ 9,042.00 $ 18,084.00 $ 7,570.00 $ 15,140.00 Extra Coat of primer,Side roll tarp system, Carboline Epoxy Coating 2 EA $ 2,317.00 $ 4,634.00 $ 3,750.00 $ 7,500.00 30 YARD ROLLOFF BOXES-Open top,regular duty 3 C&D boxes 2 EA $ 7,075.00 $ 14,150.00 $ 5,826.00 $ 11,652.00 $ 6,710.00 $ 13,420.00 Extra Coat of primer,Carboline Epoxy Coating 2 EA $ 1,100.00 $ 2,200.00 $ 804.00 $ 1,608.00 40 YARD ROLLOFF BOXES-Open top,regular duty 4 C&D boxes 4 EA $ 8,550.00 $ 34,200.00 $ 7,490.00 $ 29,960.00 $ 7,516.00 $ 30,064.00 Extra Coat of primer,Carboline Epoxy Coating 4 EA $ 1,225.00 $ 4,900.00 $ 2,097.00 $ 8,388.00 5 Shipping 1 EA $12,700.00 $ 12,700.00 $ 4,081.00 $ 4,081.00 $ 8,750.00 $ 8,750.00 TOTALS $ 138,000.00 $ 145,153.00 $ 146,388.00 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Operations DavidL3(a)-cctexas.com (361) 826-1956 Josh Chronley, Assistant Director of Finance & Procurement JoshC2 _cctexas.com (361) 826-3169 Crushed Concrete for Solid Waste Services CAPTION: Motion authorizing the execution of a three-year supply agreement with G. P. Transport, Inc. of Gregory, in an amount not to exceed $292,500.00, for crushed concrete to be used in rehabilitating landfill roadways, for Solid Waste Services, with FY 2023 funding of$8,125.00 from the General Fund. SUMMARY: This motion authorizes a three-year supply agreement for the purchase of crushed concrete for Solid Waste Services. The crushed concrete will be used to rehabilitate the roadways, parking lots, and all-weather areas at the Cefe Valenzuela Landfill and JC Elliott Transfer Station as needed. BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill needs adequate roadways around the perimeter and internal areas to gain access to active areas. In addition, these materials will be used to construct wet weather pads at the Cefe Valenzuela Landfill and JC Elliott Transfer Station. These pads and roadways are constructed on top of waste in the landfill and reclaimed and re-used when possible. Without wet weather pads, trucks would become mired in mud during adverse weather conditions hindering production. Solid Waste vehicles weigh in excess of 57,000 lbs and are not conducive to driving off road. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a new long-term contract from qualified firms with experience in providing crushed concrete. The City received a total of three bids and is recommending award to the lowest responsive, responsible bidder, G. P. Transport, Inc. The current contractor, Camacho Demolition LLC, is supplying crushed concrete based on the three-year quantity of 9,000 tons averaging a yearly cost of $78,000.00. This contract will expire on September 30, at the end of the current fiscal year. Camacho submitted a bid for a yearly cost of $103,500.00, increasing their cost by $25,500.00. The recommended contractor, G. P. Transport, Inc., would supply crushed concrete for the same tonnage at an annual cost of $97,500.00. The new agreement reflects an increase in cost of approximately $19,500.00 per year. ALTERNATIVES: The alternative to accepting this bid would be to require Solid Waste Operations to purchase crushed concrete on an as needed basis with individual orders, which would not be as efficient. In addition, a long-term supply agreement allows for bulk order cost savings. FISCAL IMPACT: The fiscal impact for FY2023 is a total amount of $8,125 for a three-year supply agreement. The remaining cost will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12504 JC Elliott Transfer Station Mission Element: Department: 31 Solid Waste Services Project # (CIP Only): Account: 530210 Building Maintenance & Service Amount: $4,062.50 Fund: 1020 General Fund Organization/Activity: 12506 Cefe Valenzuela Landfill Mission Element: Department: 31 Solid Waste Services Project # (CIP Only): Account: 530210 Building Maintenance & Service Amount: $4,062.50 RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a three-year supply agreement with G. P. Transport, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tab DocuSign Envelope ID:313441338F-CMD-4694-13F96-A1 FC54878F07 se SUPPLY AGREEMENT NO. 4932 U CRUSHED CONCRETE FOR SOLID WASTE OPERATIONS yaaaoRn 1852 THIS Crushed Concrete for Solid Waste Operations Supply Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and G. P. Transport, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Crushed Concrete for Solid Waste Operations in response to Request for Bid No. 4932 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Crushed Concrete for Solid Waste Operations in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement 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 prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:313441338F-CMD-4694-13F96-A1 FC54878F07 3. Compensation and Payment. This Agreement is for an amount not to exceed $292,500.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Gabriel Maldonado Department: Solid Waste Operations Phone: 361-826-1986 Email: GabrielM3Ccctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B44B38F-CD3D-4694-BF96-A1 FC54878F07 purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:313441338F-CMD-4694-BF96-A1 FC54878F07 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Gabriel Maldonado Title: Contract/Funds Administrator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: 361-826-1986 Fax: 361-826-1971 IF TO CONTRACTOR: G. P. Transport, Inc. Attn: Lino V. Solis Title: President Address: P.O. Drawer A, Gregory, Texas 78359 Phone: 361-643-8546 Fax: 361-643-8655 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B44B38F-CD3D-4694-BF96-A1 FC54878F07 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B44B38F-CD3D-4694-BF96-A1 FC54878F07 withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:313441338F-CMD-4694-13F96-A1 FC54878F07 CONTRACTOR DocuSigned by: Signature: Printed Name: Lino Solis Title: president Date: 7/21/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 4932 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:3B44B38F-CD3D-4694-BF96-A1 FC54878F07 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide crushed concrete to be used as base material for roadways and the construction of wet weather pads and roadways throughout the landfills as outlined in this Scope of Work. Scope of Work The crushed concrete shall meet TXDOT specifications item 247 Flexible Base, Type D, shall not exceed 20 percent by weight of the total mix. Delivery Instructions and Locations A. Materials shall be delivered as follows: 1 . At the discretion of the Landfill 2. As needed by the Landfill 3. Within 24 hours from initial call 4. Landfill personnel will specify the delivery of the material by either an End dump or belly dump. 5. Location of the delivery within the Landfill will be determined by Landfill Staff. C. Landfill Locations • Cefe Landfill --- 2369 CR 20 Robstown Texas • Elliott Landfill --- 7001 Ayers Corpus Christi, Texas 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. DocuSign Envelope ID:3B44B38F-CD3D-4694-BF96-A1FC54878F07 ATTACHMENT B: PRICE SCHEDULE ° vsc� CITY OF CORPUS CHRISTI °l CONTRACTS AND PROCUREMENT BID FORM COAPORAl" RFB NO. 4932 CRUSHED CONCRETE FOR SOLID WASTE OPERATIONS Date: July 10, 2023 Authorized Bidder: G.P. Transport, Inc. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 3 YEAR UNIT TOTAL DESCRIPTION UNIT QTY PRICE PRICE Crushed Concrete Tons 9,000 $32,50 $292 500 .00 DocuSign Envelope ID:313441338F-CMD-4694-13F96-A1 FC54878F07 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 Commercial General Liability $1,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS DocuSign Envelope ID:313441338F-CMD-4694-13F96-A1 FC54878F07 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. DocuSign Envelope ID:313441338F-CMD-4694-13F96-A1 FC54878F07 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. Bonds - No Bonds are required for this Service Agreement 2021 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. DocuSign Envelope ID:3B44B38F-CD3D-4694-BF96-A1 FC54878F07 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required for this Service Agreement RFB 4710 Crushed Concrete for Solid Waste Operatinos Senior Buyer: Tracy Garza G.P.Transport,Inc. Camacho Resources, LLC Green Dream International, LLC Gregory,TX Corpus Christi,TX Erie, PA DESCRIPTION UNIT 3 YEAR QTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL Crushed Concrete TONS 9,000 $32.50 $292,500.00 $34.5000 $310,500.00 $47.1400 $424,260.00 GRAND TOTALS $292,500.00 $310,500.00 $424,260.00 �vs cr� �o o H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Finance & Procurement JoshC2@cctexas.com (361) 826-3169 Tree Planting Services on Leopard Street Median CAPTION: Motion authorizing execution of a 15-month service agreement with Maldonado Nursery & Landscaping, Inc., of San Antonio, in an amount not to exceed $78,979.79, for the purchase and installation of trees on Leopard Street median for Public Works, with FY 2023 funding of $76,058.00 from the General Fund. SUMMARY: This motion authorizes the execution of a 15-month service agreement with Maldonado Nursery & Landscaping, Inc., of San Antonio, Texas in an amount not to exceed $78,979.79 for the purchase and installation of trees on Leopard Street medians. BACKGROUND AND FINDINGS: During the budget planning process for FY 2023, City Council and City Manager gave direction to the Public Works Department to improve the landscaping of Leopard Street between Violet Road and McKenzie Road. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid to obtain bids for tree planting services, along with a one-year maintenance service agreement. The City received two responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Maldonado Nursery & Landscaping, Inc., of San Antonio. Maldonado Nursery & Landscaping has successfully completed work the City in the past. The scope of the project has changed slightly since the bidding process was completed. City staff is taking great care to ensure that as few of the existing trees as possible are impacted or removed as a result of this project. Therefore, City staff will be conducting a change order to the presented contract to install all Live Oak trees (instead of Burr Oaks) to remain in uniformity with and preserve the existing foliage in the corridor. However, two existing trees will need to be removed due to growth and location issues. ALTERNATIVES: An alternative would be not to improve the landscaping of the medians off Leopard Street and leave the current landscape. FISCAL IMPACT: Expenditures in the amount of$76,058 with FY 2023 funding and the remainder of$2,921.79 with FY 2024 funding. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12460 Street Lighting Mission Element: Project # (CIP Only): Account: 530220 Demolition/Clean-up Service 50% 530225 Mowing & Grounds Maintenance 50% RECOMMENDATION: Staff recommends approval of this motion authorizing a 15-month service agreement with Maldonado Nursery & Landscaping, Inc. of San Antonio, as presented for Public Works. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement City of Corpus Christi Bid Tabulation Procurement Department RFB#4767 Sr.Buyer: Marco Lozano Tree Planting Services on Leopard Street Median Maldonado Landscape M&S Tree Service,LLC San Antonio,Texas Portland,Texas ITEM Description Unit Qty Unit Price Total Price Unit Price Total Price 1 MOBILIZATION(MAX.5%) LS 1 $ 691.78 $ 691.78 $ 1,731.00 $ 1,731.00 2 TRAFFIC CONTROL PLAN EA 1 0.00 0.00 0.00 0.00 TRAFFIC CONTROL 3 MEASURES MO 3 0.00 0.00 0.00 0.00 REMOVE CRAPE MYRTLE 4 (LAGERSTROEMIA EA 37 INDICA) $ 121.36 $ 4,490.32 $ 250.00 $ 9,250.00 REMOVE LIVE OAK TREE 5 QUERCUS VIRGINIANA* EA 8 $ 158.53 $ 1,268.24 $ 350.00 $ 2,800.00 REMOVE TREE STUMP(95 6 GAL EA 1 $ 121.36 $ 121.36 $ 250.00 $ 250.00 INSTALL BUR OAK TREE 7 (QUERCUS MACROCARPA) EA 35 95 GAL $ 1,985.31 $ 69,485.85 $ 1,950.00 $ 68,250.00 8 MAINTENANCE PLAN MO 12 $ 243.52 $ 2,922.24 $ 500.00 Is 6,000.00 Total $ 78,979.79 $ 88,281.00 Line item quantity will be reduced to the removal of two Live Oak trees due to growth issues. DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C SC o� � SERVICE AGREEMENT NO. 4767 U Tree Planting Services on Leopard Street yeapaonn!e� 1852 THIS Tree Planting Services on Leopard Street Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Maldonado Nursery & Landscaping, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tree Planting Services on Leopard Street in response to Request for Bid/Proposal No. 4767 ("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 Tree Planting Services on Leopard Street ("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. (A) The Term of this Agreement is fifteen months beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement 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 prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 3. Compensation and Payment. This Agreement is for an amount not to exceed $78,979.79, subject to approved extensions and changes. Payment will be made for Services performed 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. Invoices must 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: Velma Pena Department: Public Works Phone: 361-826-1933 Email: VelmaPCcctexas.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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 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 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Velma Pena Title: Contracts/Funds Administrator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: 361-826-1933 Fax: N/A IF TO CONTRACTOR: Maldonado Nursery & Landscaping, Inc. Attn: Jerry Maldonado Title: Owner / CEO Address: 16348 Nacogdoches Rd, San Antonio, Texas 78247 Phone: 210-599-1219 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C CONTRACTOR DocuSigned by: Signature- Jerry Maldonado Printed Name: Title: vp 7/6/2023 Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4767 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C �yyUa Cj�,p\ 0 U ATTACHMENT A: SCOPE OF WORK o RPOMPSFO 1852 1.1 General Requirements/Background Information A. The Contractor shall remove, dispose, provide, and install various trees located at Leopard Street medians between Violet Rd. and McKinzie Rd. as outlined in this Scope of Work. B. Project work for items 1-7 shall be completed within three-months of issuance of the notice to proceed. C. Maintenance plan for item 8 shall commence once all project work is complete and accepted for a period of 12 months. 1.2 Scope of Work A. The Contractor shall remove and dispose of Crape Myrtle trees, Live Oak trees, and tree stumps ranging from 4" in diameter to 12" in diameter. B. The Contractor shall provide and install Bur Oak trees ranging from 45 gal (2" to 3" Caliper) up to 95 gal (3.5" to 4" Caliper) within four weeks of receiving order (95 gal is preferred). C. Installation of trees shall be in accordance with the current industry standards of the International Society of Arboriculture (ANSI). D. Trees with a damaged or crooked leader, bark abrasions, sunscald, disfiguring knots, insect damage, or cuts of limbs over 20mm (3/4 inch) in diameter that are not completely closed will be rejected. E. All trees shall be of specimen quality, exceptionally heavy, symmetrical, and so trained or favored in development and appearance as to be unquestionably and outstandingly superior in form, compactness, and symmetry. They shall be sound, healthy, vigorous, well branched, and densely foliated when in leaf; free of disease and insects, eggs, or larvae; and shall have healthy,well-developed root systems.They shall be free from physical damage or other conditions that would prevent vigorous growth. F. Branches shall be tied with rope or twine only, and in such a manner that no damage will occur to the bark or branches. During transportation of plant material, the Contractor shall exercise care to prevent injury and drying out of the trees. Should the roots be dried out, large branches broken, balls of earth broken or loosened, or areas of bark torn, Park Operations may reject the injured tree(s) and order them replaced at no additional cost to the City. All loads of plants shall be covered at all times with tarpaulin or canvas. Loads that are not protected will be rejected. G. Trees shall not be lifted by straps wrapped directly around the trunk. H. Finished grading shall be done following installation of trees.The entire area shall be carefully raked to a smooth surface free of clods, roots, or stones one-half inch or larger prior to mulching. DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C I. The Contractor shall secure 811 clearances to plant prior to installation. J. Service shall be performed during normal business hours, 7:00 a.m. - 5:00 p.m., Monday-Friday. K. The Contractorshall be responsible forrepairing any damage including but not limited to, curb and gutter, ruts in median, and pavement. L. The Contractorshall provide a one-year warranty on trees and installation 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.4 Measurement and Basis for Payment for Bid Items A. Item No. 1 - MOBILIZATION (MAX. 5%) a. Measurement: This Item will be measured by the lump sum. b. Payment: Will be measured at 5% of the total estimated cost. i. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site; sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre-construction expense necessary for the start of the work; the cost of bonds, permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre-construction documentation, traffic control devices, work associated with the Contractor support during reviews and inspection, re-inspection and storage, and final site clean-up. B. Item No. 2-TRAFFIC CONTROL PLAN a. This item consists of providing a signed and sealed Traffic Control Plan in accordance with TMUTCD to implement the work listed in the scope. b. Measurement and payment will be by each. C. Item No. 3-TRAFFIC CONTROL MEASURES a. The Contractor shall provide, install, move, replace, maintain, clean and remove all required temporary traffic controls including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flagmen, temporary DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C drainage pipes and structures, and such temporary devices necessary to safely complete the project. b. Measurement and payment will be by the month. D. Item No. 4- REMOVE CRAPE MYRTLE TREE (LAGERSTROEMIA INDICA) a. The Contractor shall remove trees of various diameters. Remove tree stumps to at least 12 inches below the surrounding terrain. Backfill holes with acceptable material and compact flush with surrounding area. b. Measurement for tree removal will be by each tree of the diameter specified. The diameter will be measured 3 ft. above the ground. Trees less than 4 inches in diameter are considered brush. Trees with multiple trunks at the point of measurement will be measured separately and paid for according to the specified diameter. Removal of the stump is subsidiary to tree removal. C. The payment will be paid at the unit price bid. This price is full compensation for removal, trimming, disposal, equipment, traffic control, labor, and incidentals. E. Item No. 5- REMOVE LIVE OAK TREE (QUERCUS VIRGINIANA) (4"-12" DIA) a. The Contractor shall remove trees of various diameters. Remove tree stumps to at least 12 inches below the surrounding terrain. Backfill holes with acceptable material and compact flush with surrounding area. b. Measurement for tree removal will be by each tree of the diameter specified. The diameter will be measured 3 ft. above the ground. Trees less than 4 inches in diameter are considered brush. Trees with multiple trunks at the point of measurement will be measured separately and paid for according to the specified diameter. Removal of the stump is subsidiary to tree removal. C. The payment will be paid for at the unit price bid. This price is full compensation for removal, trimming, disposal, equipment, traffic control, labor, and incidentals. F. Item No. 6- REMOVE TREE STUMP a. The Contractor shall remove tree stumps of various diameters. b. Tree stumps shall be removed at least 12 inches below the surrounding terrain. Backfill holes with acceptable material and compact flush with surrounding area. C. Measurement for stump removal will be by each stump removed. This item is for stumps where others previously removed the tree. DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C d. The payment will be paid for at the unit price bid. This price is full compensation for removal, trimming, disposal, equipment, traffic control, labor, and incidentals. G. Item No. 7- INSTALL BUR OAK TREE (QUERCUS MACROCARPA) (95 GAL) a. The Contractor shall provide and install trees and related materials at designated locations. b. The Contractor shall use backfill and plant soil mix excavated from the tree pits or provide a loose, friable soil mix. Provide a soil mix free of reproductive parts of weeds and grasses, harmful substances, and detrimental amounts of foreign matter. Mix shall include compost. C. Container trees shall be carefully removed from the container by cutting it in a manner not to damage the root ball. Remove plastic, paper, or fiber pots from containerized plant material. Pull roots out of the root mat and cut circling roots with a sharp knife. Immediately after removing the container, install the plant such that the roots do not dry out. Trees shall be installed within 24 hr. of excavating tree pits. Scarify the walls of pits as tree installation begins. Center all trees in a pit, except those mechanically collected, backfill in lifts, each lift 1/3 of the depth of the root ball, and fill the pit with water after each lift to remove air pockets. Prune protruding roots, from the root ball, for mechanically collected trees, to a point even with the cutting blades. Place the tree in the pit and work sand between the pit walls and the root ball with water until the sand fills all the cavities. d. Install plant supports which will include 3 stakes per tree, guying, and bracing. Supports shall keep plants in a vertical position. e. Measurement: This item will be measured by each tree. f. Payment: The payment shall be paid for at the unit price. This price is full compensation for furnishing the tree, mulch, tree soil mix, landscape edge, and vegetation barrier. H. Item No. 8- MAINTENANCE PLAN a. The Contractor shall provide a one-year maintenance plan, which will consist of the following: i. Watering-The ground and backfill must be kept moist at least 12 inches around the entire root ball. Bur Oak Trees shall be watered regularly every 2 weeks. ii. Plant Support - Plant supports shall be replaced, repaired, and adjusted as needed. Staking and guying must be adjusted to prevent girdling of plant trunks. Support material shall be removed or disposed of as directed. iii. Mulch - Mulch shall be replaced as needed or as directed. DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C a. Measurement and payment will be by the month. 4.5 Work Site and Conditions Trees shall be removed and installed on Leopard St. from Violet Rd. (1 1200 Leopard St., 78410) to McKinzie Rd. (10500 Leopard St., 78410) as shown in the removal layouts and installation layouts provided in Exhibit A. See Table 1 below for Quantity Summary. Table 1 QUANTITY SUMMARY ITEM 4 ITEM 5 ITEM 6 ITEM 7 Remove Crape Myrtle Remove Live Oak Tree Install Bur Oak Tree Location Tree Remove Tree (Quercus Virginiana) Stump (Quercus Macrocarpa) (Lagerstroemia Indica) (95 Gal) (95 Gal) EA EA EA EA Median 1 2 0 0 5 Median 2 8 2 0 7 Median 3 8 3 1 8 Median 4 8 0 0 5 Median 5 7 3 0 6 Median 6 4 0 0 4 TOTAL 37 8 1 35 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 B1640C m m 0 0 ry .. z ya,tl�tr e A oi ;' 0 ooNy m 3 y, m y n A A � -+ r n nnnmai n A 3 n OG n < , z Z n 7t m mt..0i T .^ -,' IQ rn W o ° it � D O W r - O " rn 9 D rn fn w rn + cn 0 b O O -(D--i�)0 0 0 0 mmm w 4 a O r 0 0 0 T z m m m o y m m °m ~ i o n " o N n �t N m r r N O MATCHLINE STA 13+00 —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY D-1— LEOPARD STREET to MEDIAN BEAUTIFICATION a a EXHIBIT A CITY of CORPUS CHRISTI TEXAS REMOVAL LAYOUT � 1 OF4, Department of Public Works DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 B1640C MATCHLINE STA 13+00 m s - o m m w D o 3 LEONARD pR A m (T ZO m O } O w D m n A �. FLEET n wbOD LN O A O m� 0 m � z� � 0;a y., 0 Cn O D o 0 D p M 2 w 9 W rn _ + z o o D � o 0 O - U) D a D - M fn N p o (1'I rn e.., t z (n 0 a N O 0 ows A O r o Do llr O ��0 0 Ir 0 0 0 ti 0 0 o Ij z m m m od mm °m v y N o m z a mm ~ m m ~ O N mm N STARLITELN I" o 47 MATC H L I N E STA 26+00 —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY DESOR1— LEOPARD STREET N MEDIAN BEAUTIFICATION a a EXHIBIT A CITY of CORPUS CHRISTI TEXAS REMOVAL LAYOUT 2 of a Department of Public Works DocuSign Envelope ID:03B31603-BO8E-4160-90AE-A971 D1 B1640C MATC H L I N E STA 26+00 0 0 n o > n z z �_ 0 an a O z < M V A D y O �IY f m D C L Z � � w o O 1W >m r o J z f44 : � o n m D M PEACHTREE ST _ + NN m W + - z 00 �a _ :, do�N --1" p D O o; -n D �J. m fn a m �rr to r' 0 I Cn 1 Cn ° �i�)o 0 o 0 0 0 000 mmm or 0 < � 0 Nn Nmo t Cn y _ z V MATCHLINE STA 39+00 —SION NO. OAiE BY —R-ON —SIGN NO. 041E eY D-1— LEOPARD STREET MEDIAN BEAUTIFICATION w a EXHIBIT A CITY of CORPUS CHRISTI TEXAS REMOVAL LAYOUT 3 OF 4 Department of Public Works DocuSign Envelope ID:03B31603-BO8E-4160-90AE-A971 D1 B1640C MATC H L I N E STA 39+00 � 0 o m s Z � m Z Y � O � f1 o i m 0 A A D 3 m O m O O n � D � < D C ;C�mmw O b N Lj D ti f v � h Cn N m m 10 �D lite 0;a 0 A 0 � o -.C" r o D O 19 0 >< m = 0 w 08 W O rn r --I D 01 M t(n m cn N m � o 0 ��0Cn � k mmm 0 0 0 m m mO m o o m m fI&I is I �' � CK�. ^ � th°tui'C�P�1 �I• � I a�.FliM —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY D-1— LEOPARD STREET to MEDIAN BEAUTIFICATION a a EXHIBIT A CITY of CORPUS CHRISTI TEXAS REMOVAL LAYOUT 4 OF 4 Department of Public Works DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 B1640C ;tea k11111V1� o o Mal D N N °Z o imm�tuiur � 9 u A Z 5 I zNz Z y, D n n O n �rb h � } o' � # n Y, t Z 0 Cl) -At X 7- t .7 r .TQ n X M 2 D 01 " -n w D a`> crnn OX C.11 :1 m / yz >° o ELI o o m� n c+ N O MATCHLINE STA 13+00 —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY D-1— LEOPARD STREET to MEDIAN BEAUTIFICATION w a EXHIBIT A CITY of CORPUS CHRISTI TEXAS INSTALLATION LAYOUT or< Department of Public Works DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 B1640C MATCHLINE STA 13+00 O n o n .e LEONARD DR `z.•mI r� 1 z 0 ,. z z n + 0 n z ~ a ooD> A03p O x V O O A {� cW ii OD LN O t m� _ 0 m � z� O rn �D 0;a Cn D � D w 0 X M +O m W O 2 O + Z U 0D Dm - .r � O m D + • Z a M Cl) fn -- o - a N O O O � o QT � x NN c0 mo i I? ~z no z z r o mo y O P O O O N STARLITELN.' o 47 MATC H L I N E STA 26+00 —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY DESOR1— LEOPARD STREET to MEDIAN BEAUTIFICATION a a EXHIBIT A CITY of CORPUS CHRISTI TEXAS INSTALLATION LAYOUT or< Department of Public Works DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 B1640C MATC H L I N E STA 26+00 0 0 o D 0 D WO �.p\ ND D O D t �jn - l Z Z d Z y �\ftN p O y Z 0 A D 0 0 c fe � M D > D p O D O D V > w O m r-- D <L D m z O $cu O v p + O It O �r .z .. 1!- 0;a 0 � N � u ' PEACHTREE ST + _ 412 D o do�N X n M z o �y m W (n o �AIY Z w tir. 01 co { 00 �� "' ,.e O C4 T �w v , Vii. m V/ �a�a" , m # o ..��Cn . Cn 01 1 Cn NX Co o � CO mz ~ mz z >N AO y fn m Cn IDM MATCHLINE STA 39+00 —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY D-1— LEOPARD STREET to MEDIAN BEAUTIFICATION w a EXHIBIT A CITY of CORPUS CHRISTI TEXAS INSTALLATION LAYOUT 3 or< Department of Public Works DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 B1640C MATC H L I N E STA 39+00 � 0 J 0 o � s 0 z . z Z �i o A z y m n o N r z p q C A A D D 3 ' x ..r s O A '` S N i N m m 10 �D lite 0;a 0 0 A O tl O I �fzj D o O z 0 X M _ 0 m W z � 0 z - IN D m M m o � -0-Q °N .X' m o .o og o �z ON o i r f; —SION NO. DAiE BY —R-ON —SIGN NO. 041E eY D-1— LEOPARD STREET MEDIAN BEAUTIFICATION a a EXHIBIT A CITY of CORPUS CHRISTI TEXAS INSTALLATION LAYOUT 4 or< Department of Public Works DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C ATTACHMENT B - BID PRICING �ogyusc�� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM N�ORPnPPS EQ. 1852 RFB No. 4767 Tree Planting Services on Leopard Street Median Date: 6/14/2023 PAGE 1 OF 1 Maldonado Landscape Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item DESCRIPTION QTY UNIT UNIT PRICE PRICE TOTAL 1 MOBILIZATION (MAX. 5%) 1 LS $ 691 .78 $ 691 .78 2 TRAFFIC CONTROL PLAN 1 EA $ Included $ Included 3 TRAFFIC CONTROL MEASURES 3 MO $ Included $ Included DS 4 REMOVE CRAPE MYRTLE TREE 37 EA $ 121 .36 $4,490.5 (LAGERSTROEMIA INDICA) 14450. os 5 REMOVE LIVE OAK TREE 8 EA $ 158.53 �-fi268-27-- (QUERCUS VIRGINIANA) 8. 6 REMOVE TREE STUMP (95 GAL) 1 EA $ 121 .36 $ 121 .36 7 INSTALL BUR OAK TREE 35 EA $ 1 ,985.31 $ 69,486.02 DS (QUERCUS MACROCARPA) (95 GAL) [(;Zv 8 MAINTENANCE PLAN 12 MO $ 243.52 $--� - $29 DS TOTAL $78,979.79 * Math Error DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C Attachment C: Insurance and Bond Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and p roperty required on all certificates or by Damage Per occurrence - applicable policy endorsements aggregate Commercial General Liability $1 ,000,000 Per Occurrence Including: 1. Commercial Broad Form 2. Premises -Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $500,000 Combined Single Limit 1. Owned 2 Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence (Including Cleanup and Remediation) Risk Review 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 Page 2 of 3 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 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. Page 2 of 3 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C 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 underthis agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds are required. 2021 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services -Services Performed Onsite - Pollution 05/10/2021 Risk Management- Legal Dept. Page 3 of 3 DocuSign Envelope ID:03B31603-B08E-4160-90AE-A971 D1 131 640C ATTACHMENT D - WARRANTY Contractor shall provide a one-year warranty on trees and installation. se G� O'1 +-� H V oRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management charlesM2(a)-cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement JoshC2_cctexas.com (361) 826-3169 Purchase of Tires for City Vehicles CAPTION: Motion authorizing execution of two, one-year supply agreements, with two one-year options, with Southern Tire Mart, LLC of Columbia, Mississippi, with a location in Corpus Christi, for the purchase of trailer tires and passenger/light truck tires in an amount not to exceed $430,990.45, and Beasley Tire Service, Inc., of Corpus Christi, for the purchase of larger heavy-duty truck tires in an amount not to exceed $628,425.00, for a combined amount of $1,059,415.45 and a potential amount of $3,178,246.35 if options are exercised, to be utilized by Asset Management, with FY 2023 funding of$88,284.62 from the Fleet Maintenance Service fund. SUMMARY: This motion authorizes the purchase of tires for City vehicles to include sedans, pickup trucks, heavy-duty trucks, and trailers. The supply of tires will keep the City fleet operational and with less downtime. BACKGROUND AND FINDINGS: The purchase of these tires is to equip sedans, pickup trucks, heavy-duty trucks, and trailers from the City Fleet. This spectrum of tires covers a large portion of operational requirements for City vehicles to keep them on roads supporting the citizens and for the safety requirements of City employees. The incumbent was Beasley Tire Service, Inc., of Corpus Christi, including a three-year supply agreement with a total not to exceed $1,023,279.00. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid (RFB) process to obtain bids for a new contract. The City received three responsive bids. The RFB indicated to award by group, there are three groups to be awarded on the bid form. The Goodyear Tire & Rubber Company was non-responsive due to not bidding on Group 1-trailer tires. Staff is recommending the award to the two lowest, responsive, responsible bidders, Southern Tire Mart, LLC for Group 1-trailer tires and Group 3-passenger/light truck tires and Beasley Tire Service, Inc. for Group 2-large tires. ALTERNATIVES: The alternative to accepting this bid would be to buy tires as needed through individual purchase orders, which would result in higher costs. Procuring through this supply agreement will have the tires readily available at lower and fixed prices. FISCAL IMPACT: The fiscal impact for the Fleet Maintenance Services in FY 2023 is $88,284.62 for the first year of this potential three-year supply agreement for the purchase of tires for City vehicles, with the remaining cost funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Services Organization/Activity 40180 Parts Room Operations Mission Element 202 Maintain the Fleet Project # (CIP only) N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing two, one-year service agreements, with two one-year options, with Southern Tire Mart, LLC and Beasley Tire Service, Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements City of Corpus Christi Bid Tabulation Finance-Procurement RFB No.4785 Buyer: Desirree Ortiz Tires for Fleet Beasley Tire Service,Inc. *The Goodyear Tire Southern Tire Mart,LLC &Rubber Company Corpus Christi,TX Akron,OH Columbia,MS Item 06 Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Group 1 -Trailer Tires 1 T235/85R16 EA 150 $230.71 $34,606.50 $121.19 $18,178.50 2 7.50x16 EA 60 $187.56 $11,253.60 $169.90 $10,194.00 3 9.50x16.5 EA 45 $262.21 $11,799.45 $150.41 $6,768.45 4 T235/80R16 EA 450 $196.55 $88,447.50 $111.88 $50,346.00 5 T205/75R15 EA 30 $148.19 $4,445.70 $75.95 $2,278.50 Total $150,552.75 $87,765.45 Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Group 2- Large Tires 1 11 R22.5-16 ply,drive tire,open EA 200 $315.00 $63,000.00 $445.67 $89,134.00 $399.00 $79,800.00 shoulder,cut and chip resistant 2 11 R22.5-16 ply,steer tire EA 315 $315.00 $99,225.00 $384.30 $121,054.50 $329.00 $103,635.00 3 1 OR22.5-steer EA 30 $315.00 $9,450.00 $367.92 $11,037.60 $299.00 $8,970.00 4 11 R24.5-16 ply,drive tire,open EA 50 $315.00 $15,750.00 $604.38 $30,219.00 $406.00 $20,300.00 shoulder,cut chip resistant 5 425/65822.5-steer tire EA 50 $720.00 $36,000.00 $804.14 $40,207.00 $645.00 $32,250.00 6 with 10,000-pound load EA 400 $450.00 $180,000.00 $467.78 $187,112.00 $521.00 $208,400.00 capacity 7 with 10,000-pound load EA 500 $450.00 $225,000.00 $676.07 $338,035.00 $499.00 $249,500.00 capacity Total $628,425.00 $816,799.10 $702,855.00 Item Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Total Price Group 3- Passenger/Light Truck 1 235/70R17 EA 30 $175.00 $5,250.00 $144.73 $4,341.90 $113.00 $3,390.00 2 255/70R17 EA 30 $125.00 $3,750.00 $139.63 $4,188.90 $118.00 $3,540.00 3 225/70R15 EA 30 $120.00 $3,600.00 $117.21 $3,516.30 $114.00 $3,420.00 4 265/70R17LT EA 200 $245.00 $49,000.00 $191.62 $38,324.00 $146.00 $29,200.00 5 245/70R17LT EA 250 $192.00 $48,000.00 $155.94 $38,985.00 $122.00 $30,500.00 6 245/75R17LT EA 750 $245.00 $183,750.00 $179.38 $134,535.00 $145.00 $108,750.00 7 235/75R17LT EA 200 $200.00 $40,000.00 $138.62 $27,724.00 $154.00 $30,800.00 8 225/70819.514 EA 200 $235.00 $47,000.00 $308.40 $61,680.00 $278.00 $55,600.00 Ply(steer/all position) 9 225/70819.5 14 Ply(drive) EA 200 $250.00 $50,000.00 $313.32 $62,664.00 $278.00 $55,600.00 10 225/75R15 EA 30 $100.00 $3,000.00 $109.78 $3,293.40 $89.50 $2,685.00 11 238/85R16LT EA 30 $100.00 $3,000.00 $121.29 $3,638.70 $114.00 $3,420.00 12 235/70R16 EA 30 $110.00 $3,300.00 $113.98 $3,419.40 $108.00 $3,240.00 13 245/75R16 EA 120 $156.00 $18,720.00 $113.05 $13,566.00 $109.00 $13,080.00 Total t___ $458,370.00 $399,876.60 $343,225.00 *The Goodyear Tire&Rubber Company is non-responsive on Group 1-Trailer Tires,all tires must be priced to recommend per group. DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 CUs SUPPLY AGREEMENT NO. 4922 U Tires for Fleet yaaaoRn 1852 THIS Tires for Fleet Supply Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Beasley Tire Service, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tires for Fleet in response to Request for Bid No. 4922 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Tires for Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $628,425.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: 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: Benjamin Sanchez Asset Management Department, Fleet Division 361-826-1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 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: Benjamin Sanchez, Parts Foreman Title: Parts Foreman Address: 5352 Ayers St., Bldg. 313, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: 361-826-4394 IF TO CONTRACTOR: Beasley Tire Service, Inc Attn: Gabriel Trevino Title: Director of Operations Address: 4859 Baldwin, Corpus Christi, TX 78408 Phone: 361-883-2365 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 CONTRACTOR Docusigned by: Signature: �`I'VIA fi��,a Printed Name: Gabriel Trevino Title: Director of operations Date: 7/12/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 4922 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 Section 4 - Scope of Work 4.1 Scope of Work A. The Contractor shall provide new tier one top tires from a major manufacturer on an as needed basis. B. The Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City. C. Tires include: 1 . Group 1 - Trailer Tires a. ST235/85R16 b. 7.50x16 c. 9.50x16.5 d. ST235/80 R 16 e. ST205/75R15 2. Group 2 - Large Tires a. 11 R22.5 -16 ply, drive tire, open shoulder, cut and chip resistant b. 11 R22.5 -16 ply,steer tire c. l OR22.5 - steer d. 11 R24.5 - 16 ply, drive tire, open shoulder, cut chip resistant e. 425/65R22.5- steer tire f. 315/8OR22.5 - steer tire, 20 ply with minimum 10,000-pound load capacity g. 315/8OR22.5- drive tire, 20 ply with minimum 10,000-pound load capacity 3. Group 3 - Passenger/Light Truck Specific tread on tires 235/75R17, 245/75R17, and 265/7OR17. Tread pattern needs to be similar and be an all-terrain tire as shown on Exhibit A. a. 235/70R17 b. 255/70R 17 c. 225/70R15 d. 265/70R 1 7L - see Exhibit A for specific tread pattern e. 245/70R17LT f. 245/75R 1 7L - see Exhibit A for specific tread pattern g. 235/75R 17 - see Exhibit A for specific tread pattern h. 225/70R19.5 14 ply (steer/all position) i. 225/70R 19.5 14 ply (drive) j. 225/75R15 k. 238/85R 16 LT I. 235/7OR16 m. 245/75R16 Revised 1 1.30.20 Page 1 of 3 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 4.2 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.3 Special Instructions A. Tires will be delivered to the City Garage, City Service Center, 5352 Ayers Street, Corpus Christi, TX 78415. B. The Contractor shall have same day delivery if orders are placed before 2:00pm. The Contractor understands and agrees that the City may, at its discretion, seek elsewhere due to the inability to deliver the product within the set time frame. C. The Contractor shall deliver tires between the hours of 7:00am -4:00pm., Monday through Friday. D. The Contractor shall provide bill of lading when tires are delivered. E. The Contractor shall provide an invoice upon delivery of product. Revised 11.30.20 Page 2 of 3 .. 104011 rZOMMOTT,R.In•:all• .V Exhibit A flu' i� Y i ' 1 u w F ii Jhl Page 3 of 3 �� DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI ° CONTRACTS AND PROCUREMENT BID FORM zs2� RFB No. 4785 Tires for Fleet Date: 06/08/2023 Beasley Tire Service,lnc. Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a, the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receir-t and review of all addenda for this RFB. Item r Description UNIT QTY Unit Total Price Price IN ■ ■ Grou 2 - Large Tires i 11 R22.5-16 ply, drive tire, open shoulder, cut EA 200 315.00 $63,000 and chip resistant 2 11 R22.5 -16 ply, steer tire EA 315 315.00 $99,225 3 l OR22.5 - steer EA 30 315.00 $9.450 4 11 R24.5- 16 ply, drive tire, open shoulder, cut EA 50 315.00 $15,750 chip resistant 5 425/65R22.5- steer tire EA 50 720.00 $36,000 6 315/8OR22.5- steer tire 20 ply with 10,000-pound EA 400 450.00 $180,000 load capacity 7 315/80822.5- drive tire 20 ply with 10,000-pound EA 500 450.00 $225,000 load capacity Page 1 of 2 Group 2 Total: $ 628,425 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 Group 2 Total $628,425 * Beasley Tire Service, Inc. will be awarded Group 2 - Large Tires. Page 2 of 2 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 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 Commercial General Liability Including: $1 ,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 H. 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. Page 2 of 3 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds required for this Agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services-Services Performed Onsite 01/01/2023 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:AE617904-OCD5-485D-98EA-4BA08E803925 ATTACHMENT D: WARRANTY REQUIREMENTS No additional warranty required outside of standard manufacturer's warranty. Page 1 of 1 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 CUs G� w SUPPLY AGREEMENT NO. 4785 U Tires for Fleet yaaaoRn 1852 THIS Tires for Fleet Supply Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Southern Tire Mart, LLC ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Tires for Fleet in response to Request for Bid No. 4785 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Tires for Fleet in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $430,990.45, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: 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: Benjamin Sanchez Asset Management Department, Fleet Division 361-826-1959 BenjaminSCcctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 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: Benjamin Sanchez, Parts Foreman Parts Foreman Address: 5352 Ayers St., Bldg. 313, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: 361-826-4394 IF TO CONTRACTOR: Southern Tire Mart, LLC Attn: Richard Conwill Title: Director of Government Sales Address: 800 HWY 98, Columbia, MS 39429 Phone: 877-786-4681 Fax: 601-651-0655 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS C'INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 CONTRACTOR DocuSigned by: Signature: K��' Printed Name: Richard conwill Director of Government sales Title: Date: 7/12/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB No. 4785 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 Section 4 - Scope of Work 4.1 Scope of Work A. The Contractor shall provide new tier one top tires from a major manufacturer on an as needed basis. B. The Contractor shall maintain stock in sufficient amount and sizes of tires to supply the reasonable demands of the City. C. Tires include: 1 . Group 1 - Trailer Tires a. ST235/85R 16 b. 7.50x16 c. 9.50x16.5 d. ST235/80R 16 e. ST205/75R15 2. Group 2 - Large Tires a. 11 R22.5 -16 ply, drive tire, open shoulder, cut and chip resistant b. 11 R22.5 -16 ply,steer tire c. l OR22.5 - steer d. 11 R24.5 - 16 ply, drive tire, open shoulder, cut chip resistant e. 425/65R22.5 - steer tire f. 315/8OR22.5 - 20 ply with minimum 10,000-pound load capacity g. 315/8OR22.5 - drive tire 20 ply with minimum 10,000-pound load capacity 3. Group 3- Passenger/Light Truck Specific tread on tires 235/75R17, 245/75R17, and 265/7OR17. Tread pattern needs to be similar and be an all-terrain tire as shown on Exhibit A. a. 235/70R17 b. 255/70R 17 c. 225/70R15 d. 265/7OR17LT - see Exhibit A for specific tread pattern e. 245/70R 17 LT f. 245/75R17LT - see Exhibit A for specific tread pattern g. 235/75R17 - see Exhibit A for specific tread pattern h. 225/70R19.5 14 ply (steer/all position) i. 225/70R 19.5 14 ply (drive) j. 225/75R15 k. 238/85R 16 LT I. 235/7OR16 m. 245/75R16 Revised 1 1.30.20 Page 1 of 3 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 4.2 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.3 Special Instructions A. Tires will be delivered to the City Garage, City Service Center, 5352 Ayers Street, Corpus Christi, TX 78415. B. The Contractor shall have same day delivery if orders are placed before 2:00pm. The Contractor understands and agrees that the City may, at its discretion, seek elsewhere due to the inability to deliver the product within the set time frame. C. The Contractor shall deliver tires between the hours of 7:00am -4:00pm., Monday through Friday. D. The Contractor shall provide bill of lading when tires are delivered. E. The Contractor shall provide an invoice upon delivery of product. Revised 11.30.20 Page 2 of 3 r DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764071� a a n p x 9 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 ATTACHMENT B: BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT `-- BID FORM INS R F8 No. 4785 Tires for Fleet PAGE I OF 1 Date: June 5th, 2023 Authorized Bidder: Southern Tire Mart LLC Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before campleHng bid 2. Quote your best price for each Hem. 3. In submitting this bid, Bidder certifies that a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is on Equal Opportunity Employer, and the Disclosure of Interest information on fie with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowled es recei pt and review of all addenda for this RFB. Group 1 -Troller Tires 1ST235/85R 16 002759 Firestone Transforce AT2 EA 150 $121.19 $18,178.50 - 2 7.50x 16 3003761 Hankook Th31 HD Trailer 14PR 1 EA 60 1 $169.90 $10,194.00 3 9.50x16.5 189820 Firestone Transforce HT EA y 45 1 $150".41 $6,768.45 4 ST`235/80R 16 CAGO4631 Carlisle Sport Trailer EA 450 IS111.88 $50,346.00 5 ST205/75RI 5 Ca6G04581 Carlisle Sport Trai er EA 30 Wall $87,765.45 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 Page 2 of 2 Group 3—Panenti er hT Iruck I 235/708 17 005362 FS Destination LE3 EA 30 1$113.00 $3,390.00 2 255/70817 045371 FS Destination ID EA 30 1 $118.00 $3,540.00 3 225/70815 005345 FS Destination LE3 EA 30 $114.00 $3,420.00 4 265/70R 17LT 004373 FS Destination x/T 10PR EA 200 $146.00 $29,20.0.00 5 245/70R 17LT 002767 FS Transforce HT2 10 PR EA 250R$145-00 $30,500.00 6 245/758 17LT rans once EA 750 $108,750.00 7 235/75817LT 664384 Destination x 1 }�. EA 2010 $30,800.40 8 225/70R 19.5 14 PI steer/all os tion 48426Fs Fs56r PEA 200 $55,600.00 9 225/701 19.5 14 PI gnyr oo-tiy6 rs Transf,,m AT214 PR EA 200 $278.00 $55,600.00 10 225/75R 15 C:A6C,04621 Carlisle Radial Sport Trailer 10Pi EA 30 $89.50 $2,685.00 11 238/85'R 16LT 002759 FS Transforee 11T2 IOPR EA 30 $114.00 $3,426.60 12 235/70816 1)05338 FS Destination LE3 EA 30 $108.00 $3,24.0.00 13 245/75R 16 102 761 FS Transtorce HT2 10 PR EA 120 $109.00 $13,080.00 Ta#d $343,225.00 Southern Tire Mart, LLC will be awarded Group 1-Trailer Tires and Group 3-Passenger/Light Truck Tires. 4 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 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 Commercial General Liability Including: $1 ,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 H. 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 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. Page 2 of 3 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds required for this Agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services-Services Performed Onsite 01/01/2023 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:4586FF32-79CB-4D88-9F7D-9C7F24764072 ATTACHMENT D: WARRANTY REQUIREMENTS No additional warranty required outside of standard manufacturer's warranty. Page 1 of 1 se w 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources eyvo n m c(a)-cctexa s.co m (361) 826-3315 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a)-cctexas.com (361) 826-3169 Agreement for an Executive-Level Recruitment Services for the City of Corpus Christi CAPTION: Motion authorizing a two-year service agreement with Baker Tilly US, LLP., of Plano, Texas, to be used by various City departments for executive-level recruiting for hard to fill positions through the Human Resources Department, in an amount not to exceed $323,400.00, with future funding from various funds. SUMMARY: This motion authorizes a two-year service agreement for recruitment services of hard to fill executive-level positions to be used by various City departments. The Human Resources Department (HR) will oversee and manage the contract, as HR works directly with the various City departments requesting recruitment services. The proposed agreement will allow for the development of a large pooling of qualified executive-level candidates to fill vacant executive- level positions across various City departments. BACKGROUND AND FINDINGS: The purpose of this item is to initiate a new two-year service agreement. The proposed two-year agreement with Baker Tilly US, LLP. Is in an amount not to exceed $323,400.00; however, Baker Tilly US, LLP. will be compensated only when services are rendered to the City for the recruitment of executive-level positions. The recruitment of top candidates is a strategic and time-consuming task that often requires multiple team members working at once. It is mission critical to the City that executive-level positions are filled with the best available talent as quickly and reliably as possible. This helps to reduce the negative effects throughout the City organization caused by vacant executive-level positions. Under the current agreement, Baker Tilly US, LLP. has worked closely with HR, the City Manager's Office, and other City staff to develop a customized approach in identifying and recruiting diverse top talent both locally and nationally. Baker Tilly US, LLP. has collaborated with the City to ensure the recruitment of executives with unique and valuable attributes that fit the culture and goals of the City organization. The current agreement for executive-level recruitment services is also with Baker Tilly US, LLP. The current agreement was executed in 2021 and will expire on September 30, 2023, and it has a not to exceed amount of$294,000. The total amount paid to date under the current agreement is $253,565. Recruitment Services will be utilized for executive-level positions for various City departments on an as-needed basis. City departments requesting the recruitment services provided through this agreement will be responsible for the funding associated with the placement of the position(s). No funds will be needed for the remainder of FY 2023 under the proposed contract, if the item is approved. Funding will come from various funds as needed beginning in FY 2024. Over the past two years, the City has placed 24 executive-level positions. In the same timeframe, Baker Tilly US, LLP. has helped the City to fill eight other executive-level positions, to include the Director of Public Health, two Assistant City Managers, the City Auditor, and the Director of Intergovernmental Relations. Four of the eight executive-level positions that Baker Tilly US, LLP. helped fill were from national recruitments. Currently, Baker Tilly US, LLP. is helping the City to recruit for the Animal Care Services Director position. The City has been satisfied with Baker Tilly US, LLP.'s performance and recommends continuing to use them for the proposed two-year agreement. PROCUREMENT DETAIL: A Request for Proposal was issued for an executive recruitment services contract for the City's hard to fill executive-level positions. The City received four proposals which were evaluated by the City's evaluation committee, based off the technical scores, the top three scoring firms were interviewed and evaluated according to the evaluation criteria on the Request for Proposal. The evaluation committee was comprised of three members, with representation from Human Resources and the Aviation Department. The evaluation committee rated each proposer and was scored according to 1) firm's experience, 2) teams experience 3) understanding of project scope, 4) local preference, and finalist included 4) price. Final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City for executive recruitment services. Baker Tilly US, LLP., of Plano, Texas, is the highest-ranking firm. They are also the incumbent and have been under contract for executive recruitment services for the City since March 2021. Baker Tilly US, LLP. recruitment service pricing for executive level placements, including all national advertising, as well as their vetting costs for high-level positions have slightly increased due to rising industry costs as well as inflation. The cost increase from the current agreement to the proposed agreement is 10%. Over the past two years, the City has placed 24 executive-level positions. In the same timeframe, Baker Tilly US, LLP. has helped the City to fill eight other executive-level positions, to include the Director of Public Health, two Assistant City Managers, the City Auditor, and the Director of Intergovernmental Relations. Four of the eight executive-level positions that Baker Tilly US, LLP. helped fill were from national recruitments. Currently, Baker Tilly US, LLP. is helping the City to recruit for the Animal Care Services Director position. The City has been satisfied with Baker Tilly US, LLP.'s performance and recommends continuing to use them for the proposed two-year agreement. ALTERNATIVES: The alternative is not to approve the proposed two-year agreement and instead have City staff conduct the recruitment themselves. FISCAL IMPACT: The City only will be charged if services are rendered, at which time appropriate funding sources will be identified. City departments requesting the recruitment services provided through this agreement will be responsible for the funding associated with the placement of the position(s). FUNDING DETAIL: Recruitment Services will be utilized for executive-level positions for various City departments on an as-needed basis. City departments requesting the recruitment services provided through this agreement will be responsible for the funding associated with the placement of the position(s). No funds will be needed for the remainder of FY 2023 under the proposed contract, if the item is approved. Funding will come from various funds as needed beginning in FY 2024. Fund: Various Funds Organization/Activity: Various Funds Mission Element: Various Funds Project# (CIP Only): N/A Accounts: Various Funds RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with Baker Tilly US, LLP. for recruitment services, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP No.4607 Recruitment Services- Exec Level Summary Evaluation Matrix Sr. Buyer Marco Lozano Recommended Tranquil Multi GVP Ventures Proposal Evaluation Score Baker Tilly US, Dynamic Pearson Partners Inc.DBA Bob LLP Advisory LLC TMDA Murray&Assoc. Plano,Texas Reston, Dallas,Texas Roseville, Vir inia California Minimum Qualifications Pass Pass Pass Pass Required five years in business No material lawsuits during last 5 years No material regulatory issues last 5 years 'csFai['"""" References Provided for firm Minimum Qualifications Pass/Fail Pass Pass Pass Pass Local Preference Points 10.0 0.0 0.0 0.0 0.0 Technical Proposal Firms' Experience 18.0 17.0 13.3 14.0 12.3 Team Experience 16.0 15.0 13.3 13.3 10.7 Understanding of Project Scope 16.0 15.0 11.0 13.3 10.7 Subtotal Technical Proposal 50.0 47.0 37.7 40.7 33.7 Competitive Range Subtotal 60.0 47.0 37.7 40.7 33.7 Interview Firms' Experience (5 points) 5.0 4.6 1.5 4.0 --- Understanding of Project Scope (5 points) 5.0 4.7 1.4 4.0 --- Subtotal Interview 10.0 9.3 2.8 8.0 0.0 Price Cost information 30.0 25.0 30.0 13.0 Subtotal Price 30.0 25.0 30.0 13.0 Total 100.0 81.3 70.5 61.7 33.7 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E ,mus c.� o� � SERVICE AGREEMENT NO. 4607 U Recruitment Services for Executive Level yeapaonn!e� 1852 THIS Recruitment Services for Executive Level Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Baker Tilly US, LLP ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Recruitment Services for Executive Level in response to Request for Bid/Proposal No. 4607 ("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 Recruitment Services for Executive Level ("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. (A) The Term of this Agreement is two years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement 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 prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $323,400.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E for Services performed 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. Invoices must 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: LaCresa Martin Department: Human Resources Phone: 361-826-3348 Email: LaCresaMCcctexas.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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 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 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. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 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. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: LaCresa Martin Title: Senior Management Analyst Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3348 Fax: N/A IF TO CONTRACTOR: Baker Tilly US, LLP Attn: Anne Lewis Title: Managing Director Address: 8219 Leesburg Pike, Suite 800, Tysons, Virginia 22182 Phone: 703.923.8214 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 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 may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E CONTRACTOR DocuSigned by: Signature: Printed Name: Anne Lewis Title: Managing Director Date: 7/24/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4607 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E �yyUa CHp U ATTACHMENT A: SCOPE OF WORK o RPOMPSFO 1852 1.1 General Requirements/Background Information A. The Contractor will develop a rich pool of qualified candidates for the selection of Executive level positions across City departments. The Contractor shall be responsible for the entire process from assessing the City's needs to ensuring the selected candidate is successfully acclimated in the job. The Contractor shall be responsible for the development of recruitment materials, recruitment of candidates including background investigations, assistance in analyzing applications, and assistance in the interview and selection process. The Contractor shall have a successful track record working with local governments, and more specifically with the placement of Department Directors and Executive leaders in City Manager government structures. B. The objective is to provide open and fair recruitments that will attract a talented pool of qualified candidates with a proven background in City Leadership from diverse backgrounds throughout the United States. The Contractor will provide the City's search committee with multiple, qualified candidates for consideration for each individual recruitment as needed over the course of the contract. 1.2 Background A. The City of Corpus Christi is a coastal city located on the Southeastern coast of Texas on the Gulf of Mexico and is a full-service municipality governed by a Council-Manager form of government since 1945. It is the eighth largest city in Texas and the sixtieth largest city in the United States. Corpus Christi also has the fourth largest port in total tonnage in the nation. The City Council is the City's Legislative body and is composed of the Mayor, one Member from each of the five Districts, and three At- Large Members. The citizens elect each to a two-year term. B. The City has 34 departments and employs approximately 3,000 employees. Executive positions included under this contract will include but are not limited to Assistant Director, Deputy Director, Department Director, Executive Director, Assistant City Manager, Chief Financial Officer, Chief of Staff, City Manager, Fire Chief/Police Chief. 1.3 Scope of Work A. The Contractor shall provide services including, but not limited to, those outlined below. The City and the Contractor shall agree upon a more detailed scope of work upon issuance of the notice to proceed. The City reserves the right to set the exact start and completion dates for the work. DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 1 . Defining the position profile a. Extensively consult with the Human Resources Department, City Manager's Office, key staff, stakeholders and community members to determine the City's vision/mission, goals and objectives, needs and issues, requirements of the job, and to obtain information about the environment in which the position functions. b. Based on the above meetings, identify the preferred management style, personal traits, demonstrated performance criteria, and previous accomplishments of the successful candidate. c. Develop a professional recruitment brochure that will include information on the City, the department, challenges and issues, the position, and selection criteria. 2. Sourcing qualified candidates a. Place advertisements in professional journals, websites, newspapers, and diversity-oriented specialty publications. b. Conduct referrals and cold sourcing. 3. Evaluating prospective candidates a. Develop a preliminary screening and progress report based on education, experience, technical knowledge, accomplishments, management style, personal traits, any other criteria included in the position profile. b. Include any issues/complaints/charges/litigation that are pending or are in the candidate's history. c. Meet with the City at times and locations designated by the City in order to provide progress reports on the numbers of semifinalist candidates and recommend a list of semifinalists. d. Provide the City with electronic copies of all resumes/applications received during this search. 4. Selection of finalists a. Conduct personal interviews of semifinalists (approximately 5-10). b. Conduct in-depth background screenings of the semifinalists including credit checks, criminal and civil histories, driving records, college degrees and other related professional certifications, internet character searches, and detailed and extensive DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E reference checks of job performances, management styles, personal traits and other any additional factors as they relate to this position. c. Present a report in a format to be specified by the City with recommendations of finalists to be interviewed by City staff and other selected panel members. The report shall include, but not be limited to: L Education, certifications, and experience information for each finalist ii. Evaluation of each finalist's experience relative to selection criteria iii. Summary of reference comments iv. Statements demonstrating accomplishments and management styles v. Present salary/compensation and salary expectations for each finalist. 5. Identification of top candidate Facilitate interviews with finalists by the City Manager's Executive team or their designated group, key stakeholders, panels, town hall meetings and other groups and locations as designated by the City. 6. Selection of top candidate Assist with any employment or compensation negotiations with the City once the top candidate has been identified, as required. 7. Additional requirements a. The professional fee shall include all recruiting costs associated with the project team, and project related expenses as follows: preparation fees for any recruiting material, marketing, advertising fees, travel, lodging, meals, and any incidental costs for its employees shall be included in the professional contract fee. b. Coordinate and pay directly for all costs related to candidate travel, meals and lodging for interviews and seek reimbursement from the City based on approved City travel policies. c. Provide the City with all materials related to the search in the amounts, at the times, and in the forms requested by the City. B. The Contractor will guarantee the position for one year. If the selected candidate for which the Contractor is paid to conduct the executive search, leaves for any reason during the first 12 months of employment with the City, the Contractor shall immediately conduct a search for a replacement candidate at no additional professional fee. DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E C. Complete all the work required herein for each requested recruitment within 120 days of notification from Human Resources unless directed otherwise by the City. (a) n Plan report. DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E use ATTACHMENT B - PRICING w° CITY OF CORPUS CHRISTI H Pricing Form v CONTRACTS AND PROCUREMENT fhaKPORp�� 1852 RFP No. 4607 Recruitment Services for Executive Level PAGE 1 OF 1 DATE: April 7, 2023 / Baker Tilly US. LLP PROPOSER AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Est. UNIT TOTAL PRICE ITEM DESCRIPTION QTY UNIT PRICE 1.0 Recruitment Services for Executive Level Placement 12 EA $26,950 $323,400 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Park & Recreation Director one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company{s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. 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. DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 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. D. 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 DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E 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. Bond Requirements: No bonds are required. 2023 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services O1/01/2023 Risk Management - Legal Dept. DocuSign Envelope ID:22E7F971-2628-4D97-A36A-F733C22EC39E ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor will guarantee the position for one year. If the selected candidate for which the Contractor is paid to conduct the executive search, leaves for any reason during the first 12 months of employment with the City, the Contractor shall immediately conduct a search for a replacement candidate at no additional professional fee. Within eight weeks of the request from the City for the replacement search, a slate of qualified candidates shall be submitted to the City. If the firm is unable to provide the candidates as stated above, the firm shall refund the original fee paid by the City. Page 1 of 1 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Alma Iris Casas, Interim Director of Finance and Procurement almac(a-)-cctexas.com (361) 826-3610 Josh Chronley, Assistant Director of Finance & Procurement JoshC2 _cctexas.com (361) 826-3169 Extension for Investment Advisor Services CAPTION: Resolution authorizing the final of two, two-year extensions to service agreement with Meeder Public Funds, Inc., of Austin, in an amount not to exceed $64,000.00, to provide investment advisor services effective September 4, 2023, with no funding required for FY 2023 and funding in future fiscal years from the General Fund, subject to budget approval. SUMMARY: This resolution extends the current contract with Meeder Public Funds, to provide investment consulting services for the final two-year extension. These services are necessary to assist City Investment Officers, in the Finance and Procurement Department, with investment decisions. BACKGROUND AND FINDINGS: Meeder Public Funds, Inc. presents market information to the Investment Committee during the quarterly Investment Committee meetings. The Investment Committee is made up of the City Manager, Chief Financial Officer, Director of Finance and Procurement, Assistant Director of Finance and Procurement—Accounting &Treasury, and the Director of Management and Budget. During the past year, Meeder Public Funds, Inc. has provided Public Funds Investment Act (PFIA) training for the City's Investment Officers, as required by the Public Funds Investment Act. Additionally, they have increased interest earnings on investments and assisted in the annual review of the City of Corpus Christi's Investment Policy and Investment Strategies, as well as four City associated corporations' investment policies and investment strategies. The City of Corpus Christi's Investment Policy and Investment Strategies was certified by the Government Treasurers' Organization of Texas earlier this year for the third time. The City does not have the resources to view current market activity. Prior to the contract with Meeder Public Funds, Inc. our brokers were the only ones providing the City with investment options. Meeder Public Funds, Inc. has access to the Bloomberg financial system that provides them with access to market availability and yield for investments. Because of the knowledge they have about the market activity, they are able to negotiate for the best price of a security. Meeder Public Funds, Inc. provides investment options available to the City's Investment Officers. The City's Investment Officers will determine if they want to act on the investment and then contact the City approved brokers to transact the purchase of the security. Additionally, Meeder Public Funds, Inc. assisted with the depository contract solicitation and review, assisted in the development of treasury policies and procedures, and is available for cash handling training. Meeder Public Funds, Inc. is an SEC registered investment advisory firm which has provided independent and objective portfolio management advice and management since 1994. Linda Patterson is President of Meeder Public Funds, Inc. and was previously the City Treasurer of Fort Worth and Deputy State Treasurer for Texas. She draws her knowledge from these experiences in public finance and her experience working with clients on investment portfolios, policies, controls, and depository contracts. PROCUREMENT DETAIL: This is the final of two, two-year extensions included in the original contract. Per the Public Funds Investment Act (PFIA), a contract for investment services cannot be longer than two years and each extension must be approved by the governing body. ALTERNATIVES: The alternative is to have the City's brokers provide investment options; however, this would not meet the Finance and Procurement's Department's goal of achieving the best investment for the City. Meeder Public Funds, Inc. has access to the Bloomberg financial system that provides them with access to market availability and yield for investments. Because of the knowledge they have about the market activity, they are able to negotiate for the best price of a security. FISCAL IMPACT: There is no fiscal impact for FY 2023. The funding of$64,000 will be provided in FY 2024 through the annual budget process. FUNDING DETAIL: Fund: 1020 — General Fund Department: 59 — Finance and Procurement Organization/Activity: 10830 — Cash Management Project # (CIP Only): N/A Account: 530000 — Professional Services RECOMMENDATION: Staff recommends approval of this resolution authorizing the final of two, two-year service agreement extension with Meeder Public Funds, Inc., for investment advisor services as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution authorizing the final of two, two-year extensions to the service agreement with Meeder Public Funds, Inc., of Austin, in an amount not to exceed $64,000.00, to provide investment advisor services effective September 4, 2023, with no funding required for FY 2023 and funding in future fiscal years from the General Fund, subject to budget approval. WHEREAS, these services are used for investment advisor services for the Finance & Procurement Department; and WHEREAS, Texas Government Code Chapter 2256, Section 2256.003(b), provides that the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds, or other funds, under its control. A contract made under authority of the cited subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. Be it resolved by the City Council of the City of Corpus Christi, Texas: The City Manager, or his designee, is authorized to execute all documents necessary to extend the service agreement with Meeder Public Funds, Inc., of Austin for a final two- year period to provide investment advisor services in an amount not to exceed $64,000, effective September 4, 2023, with no funding required for FY 2023 and funding in future fiscal years provided from the General Fund, subject to budget approval. PASSED AND APPROVED on the day of 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley Page 1 of 2 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 se G� O'1 +-� H o AGENDA MEMORANDUM oRPORPg4 First Reading for the City Council Meeting of August 22, 2023 1852 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 Amendment provided by the Texas General Land Office increasing the contract by $13,000.00 to Work Order No. D687 under GLO Contract No. 21-043-001 bringing the total amount for FY23 to $140,000.00 for the duration of this work order CAPTION: Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality, and to recommend and/or issue water quality advisories when warranted for the period of September 1, 2020, through August 31, 2025. SUMMARY: The Texas Department of State Health Services has awarded an additional $13,000 for Amendment No. 1 to Work Order No. D687 under GLO Contract No. 21-043-001 to collect and analyze recreational beach water samples and provide financial assistance for expenses to support collection. The Corpus Christi - Nueces County Public Health District (CCNCPHD) in conjunction with the Texas Beach Watch (TBW) performs collections and analysis of water samples from designated sampling stations and reports results to the public water quality advisories. BACKGROUND AND FINDINGS: The purpose of the grant is to conduct the collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties. All procedures are required by the Quality Assurance Project Plan. The project shall be performed in accordance with this Contract and all Attachments, and any Work Order(s) issued under this Contract. Provider shall perform Project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. Grant details: • Funding Source: Texas General Land Office • Budget: $140,000.00 • Length of Work Order: September 1, 2020 - August 31, 2025 • $49,500.00 for Salary • $18,350.00 for Fringe • $45,150.00 for Other • $22,000.00 for Supplies • $5,000.00 for Travel Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. • Provider will be reimbursed $55.00 for each base sample submitted. • Provider will be reimbursed $70.00 for each repeat sample required. Personnel to be funded: • Public Health Technician/Lad Aide o Position currently filled ALTERNATIVES: Refuse the grant amendment, resulting in less collection and analysis of designated sampling. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831861 F Mission Element: 103 COVID19 Response Project# (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000812700042 Ordinance COF Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. for the period September 1, 2020, through August 31, 2025. WHEREAS, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and WHEREAS, the Texas Department of State Health Services has awarded an additional $13,000 for Amendment No. 1 to Work Order No. D687 under GLO Contract No. 21-043-001 to collect and analyze recreational beach water samples and provide financial assistance for expenses to support collection. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $13,000.00 are appropriated in Health Grants Fund 1066 to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. for the period of September 1, 2020, through August 31, 2025. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 M C W NATE Ov Sti INTERGOVERNMENTAL CONTRACT WORK ORDER DRIVEN GLO Contract No. 21-043-001 THE GENERAL LAND OFFICE ("the GLO") and CORPUS CHRISTI — NUECES COUNTY PUBLIC HEALTH DISTRICT ("Provider"), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract") pursuant to the provisions of Chapter 771 or 791 of the Texas Government Code,as applicable.This contract is funded through the U.S.Environmental Protection Agency under the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act,PL 106-284). L DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 321, 771, and 791 of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information physically attached to this Contract following the execution page or incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document,photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "Federal Assurances and Certifications" means Standard Form 424B (Rev. 7-97) (non- construction projects)or Standard Form 424D(Rev. 7-97)(construction projects),and U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," attached hereto as Attachment A and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. GLO Contract No.21-043-001 Page 1 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 "General Affirmations" means the statements in Attachment B, attached hereto and incorporated herein for all purposes, which Provider affirms by executing this Contract. "Intellectual Property" means patents, rights to apply for patents,trademarks,trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Performing Agency" (or Provider) means the State agency or local governmental entity performing the services described herein. "Project" means the services described in SECTION 1.03 of this Contract. "Provider Project Manager" means the individual designated by Provider as Provider's primary contact person with specific authority and responsibility to supervise and direct Provider's duties and responsibilities, on Provider's behalf, pursuant to this Contract, and who shall have decision-making authority with respect to the Project. "Public Information Act" means Chapter 552 of the Texas Government Code. "Quality Assurance Project Plan (QAPP)" means the EPA-approved document describing in comprehensive detail the technical activities to be implemented to ensure the results of work performed will satisfy the stated performance criteria. "Receiving Agency" (or the GLO) means the State agency or local governmental entity receiving the benefits of the services described herein. "Subcontractor" means an individual or business that contracts with Provider to perform part or all of the obligations of Provider under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Provider's travel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Textravel, the Comptroller's travel regulation guidance available on the Comptroller's website. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed, including but not limited to Deliverables, in the performance of the Project. "Work Order" means an individually negotiated document authorizing Work under this Contract, if any. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words"hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; C) The term "including" means "including, without limitation." GLO Contract No.21-043-001 Page 2 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; j) If this Contract,its Attachments, or any Work Order(s) conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A,Attachment B,Attachment C;then Work Orders,with conflicts between Work Orders being resolved by giving precedence to the Work Order with the earliest effective date. 1.03 PROJECT Provider shall, in accordance with the Beach Watch Contract Work Plan attached hereto as Attachment C and as directed in Work Order(s) issued under this Contract, perform, or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP, incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with this Contract and all Attachments and any Work Order(s) issued under this Contract. Provider shall perform Project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. 1.04 WORK ORDERS a) Multiple Work Orders may be issued during the term of this Contract, all of which shall be in writing and signed by the parties. Each Work Order may include a scope of services; a list of tasks; a schedule for completion of work; a list of any Deliverables and their due dates; a budget; and other information or special conditions necessary to describe the Work. Each Work Order shall become an Attachment hereto upon final execution, with this Contract and all Attachments thereafter being referred to collectively as the "Contract." GLO Contract No.21-043-001 Page 3 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 b) Nothing in this Contract expresses or guarantees that the GLO will issue Work Orders to Provider for any of the tasks set forth in SECTION 1.03 above. All Work under this Contract will be required on an irregular and as-needed basis throughout the Contract term. The GLO makes no guarantee of volume or usage under this Contract. 1.05 REPORTING AND DOCUMENTATION REQUIREMENTS Provider shall submit reports and documentation in accordance with each Work Order and the QAPP. II.TERM 2.01 DURATION This Contract shall be effective as of the earlier of September 1, 2020 or the date of last signature and shall terminate on August 31, 2025. The Parties may extend the term of this Contract by mutual written agreement. 2.02 EARLY TERMINATION FOR CONVENIENCE The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of any such notice, Provider shall cease work, terminate any relevant subcontracts, and incur no further expense related to this Contract. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 TERMINATION FOR CAUSE If Provider abandons work, defaults on the Contract, or breaches a material term of the Contract and fails to cure such abandonment, default, or breach within 30 days after receiving written notice of same from the GLO, the GLO may terminate the Contract without further notice. Such termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. III. CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES The GLO will compensate Provider,per Work Order, in accordance with the budget in each Work Order. 3.02 TRAVEL The GLO will not reimburse Provider for travel expenses of any kind without prior written GLO approval. The GLO will only reimburse travel expenses directly attributable to Provider's performance of this Contract at the rates established or adopted by the Comptroller of the State of Texas, as outlined in the Travel Regulations. Subject to the maximum Contract amount authorized herein and upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are working away from the cities in which they are permanently assigned and conducting business specifically authorized in the scope of services in the Work Order. GLO Contract No.21-043-001 Page 4 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 The limits for reimbursements are the rates established or adopted by the Comptroller, as outlined in the Travel Regulations. Provider understands and acknowledges that any travel-expense reimbursement by the GLO is not a per diem. The GLO will only reimburse actual, allowable expenses in accordance with the Travel Regulations. Provider must submit itemized receipts to support any request for travel-expense reimbursement. 3.02 INVOICES Invoices must: (a) be submitted to vendorinvoices@glo.texas.gov with a copy to lucy.flores@glo.texas.gov (b) be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and (c) prominently display 21-043-001 and the related GLO Work Order number. The GLO will reimburse Provider in accordance with Texas Government Code Chapter 771 or 791, as applicable. Provider may invoice not more often than monthly. If Provider does not submit invoices in strict accordance with the instructions in this section,payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Provider's failure to submit invoices in strict accordance with the instructions in this section. IV.REPRESENTATION OF AUTHORITY,AFFIRMATIONS,AND ASSURANCES 4.01 REPRESENTATION OF AUTHORITY Provider, warrants that: (1)it has authority to perform the services described herein and in any Work Order issued hereunder under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO warrants that: (1) it has the authority to contract for the services under authority granted in Texas Government Code Chapter 771 or 791, as applicable; and(2)the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Provider certifies it has reviewed the General Affirmations in Attachment B,and that Provider is in compliance with all the requirements contained therein. 4.03 FEDERAL ASSURANCES AND CERTIFICATIONS To the extent they apply, Provider certifies it has reviewed the Federal Assurances and Certifications in Attachment A, and that Provider is in compliance with all the requirements contained therein. Provider certifies it is in compliance with all other applicable federal laws,rules,and regulations,pertaining to this Contract. GLO Contract No.21-043-001 Page 5 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 V. STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49,of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Furthermore, any claim by Provider for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. 5.02 FEDERAL FUNDING This Contract will be paid for with Federal funds and will be managed by the GLO in accordance with federal and state law. This contract is not a sub-recipient agreement but a subcontract. The Provider is providing a service within normal business operations; is not responsible for programmatic decision-making but is providing a service ancillary to the operation by the GLO of the Beach Watch program; and is not subject to compliance requirements of the Federal program beyond the scope of the service they are providing under this Contract. 5.03 MINORITY AND WOMEN'S BUSINESSES Provider, and any potential subcontractors, shall take affirmative steps to assure that minority and women's businesses are utilized when possible as sources of supplies, equipment, construction, and services, as detailed in the federal requirements relating to minority and women's business enterprises: Executive Order 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22, 1977, 42 Fed. Reg. 42839; Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637. 5.04 RECAPTURE OF FUNDS The discretionary right of the GLO to terminate for convenience under SECTION 2.02 notwithstanding,the GLO may terminate the Contract and recapture and be reimbursed by Provider for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.05 OVERPAYMENT Provider shall be liable to the GLO for any costs disallowed pursuant to financial and compliance audit(s) of funds Provider received under this Contract. Provider shall reimburse such disallowed costs from funds which other than those Provider under this Contract. GLO Contract No.21-043-001 Page 6 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VI.OWNERSHIP,INTELLECTUAL PROPERTY AND THIRD-PARTY RELIANCE 6.01 OWNERSHIP The GLO and Provider shall jointly own, without limitation, all right, title, and interest in all reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed under this Contract with each party having an unlimited right to access and use, and authorize or license third parties to access and use, all such information and materials without the necessity of obtaining authorization from the other party and without expense, charge, or accounting to the other party. 6.02 INTELLECTUAL PROPERTY a) The GLO and Provider shall retain, both during and after the term of this Contract, exclusive ownership of all rights, title, and interest in and to, their respective pre- existing Intellectual Property as of the effective date of this Contract, and the parties agree and acknowledge that this Contract will not be interpreted or deemed as causing the parties to become joint owners of any such pre-existing Intellectual Property. b) The Parties to this Contract expressly agree that the GLO, the State of Texas, and the U.S. Government each has the right to use,reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and any other work associated with this Contract, and exercise any intellectual property rights, without obtaining authorization from the other party and without expense, charge, or accounting to the other party. C) The Provider may obtain intellectual property rights for any work that is subject to intellectual property rights and was developed, or for which ownership was purchased, under this Contract, only if the GLO, the State of Texas, and the U.S. Government are granted a worldwide, royalty free, non-exclusive, fully paid-up, and irrevocable license to reproduce,publish,publicly display, distribute and create derivative or new works and otherwise use, exploit, or authorize others to use or exploit for government purposes any and all reports, drafts of reports, data, drawings, computer programs, codes and or any other work associated with this Contract, d) Provider must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance required to perfect the rights granted to the GLO and the State of Texas herein without any charge or expense beyond the stated amount payable to Provider for the services authorized under this Contract. e) The Contract in no way creates an obligation on behalf of the GLO, the State of Texas, or the U.S. Government to obtain or enforce any intellectual property right that may be created under this Contract. GLO Contract No.21-043-001 Page 7 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 VII.RECORDS,AUDIT,RETENTION,AND DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Provider's compliance with this Contract and all applicable laws, rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Provider and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office,the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. C) State agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include the GLO,the GLO's contracted examiners,the State Auditor's Office,the Texas Attorney General's Office,the Texas Comptroller of Public Accounts, and their authorized designees. With regard to any federal funding, federal agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include: the relevant federal agency(ies), the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. GLO Contract No.21-043-001 Page 8 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Provider or the GLO to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Furthermore, Provider will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning Work under this Contract without the prior written consent of the GLO. 7.05 PUBLIC RECORDS The GLO may post this Contract and the Solicitation Response on its website. Information related to his Contract and its performance may be subject to the Public Information Act and will be withheld or disclosed in accordance therewith. Provider shall make any information created or exchanged with the state pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state/the GLO. Provider shall make any information required under the Public Information Act available to the GLO in portable document file (".pdf') format or any other format agreed between the parties. By failing to mark as "confidential" or a"trade secret" any information Provider believes to be excepted from public disclosure,Provider waives all claims it may make against the GLO for releasing such information without prior notice to Provider. Provider shall notify the GLO's Office of General Counsel within twenty-four hours of Provider's receipt of any third party written requests for information, and forward a copy of said written requests to PIALegal2glo.texas.gov. VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Provider is self-insured and, therefore, is not required to purchase insurance. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver,permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Provider shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Provider shall not assign,transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Notwithstanding this provision, it is mutually understood and agreed that Provider may subcontract with GLO Contract No.21-043-001 Page 9 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. b) Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent(15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed,and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract. Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract.Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Provider or any other party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave;or unemployment compensation coverage provided by the State. 8.05 COMPLIANCE WITH OTHER LAWS In its performance of this Contract,Provider shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Provider is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue, Mail Code 158 Austin, TX 78701 Attention: Contract Management Division GLO Contract No.21-043-001 Page 10 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Provider Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416 Attention: Beach Watch Project Manager Notice given in any other manner shall be deemed effective only when received by the Parry to be notified. Either Parry may change its address for notice by written notice to the other Parry as herein provided. 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract,if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented,the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant.In any such event,the Party claiming Force Maj eure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Parry claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days,the GLO may terminate this Contract immediately upon written notification to Provider. 8.10 ENTIRE CONTRACT AND MODIFICATION This Contract,its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or GLO Contract No.21-043-001 Page 11 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. 8.12 PROPER AUTHORITY Each Party represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. Provider acknowledges that this Contract is effective for the term specified in the Contract. Any services Provider performs before this Contract's effective date or after its termination or expiration are performed at Provider's sole risk. 8.13 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership; intellectual property; third-party reliance; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Provider's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any subcontractors to provide the goods or services described in this Contract; assignment and subcontracting; relationship of the parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification;property rights; default; and amendment. 8.14 CLEAN AIR ACT; FEDERAL WATER POLLUTION CONTROL ACT Provider must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). SIGNATURE PAGE FOLLOWS GLO Contract No.21-043-001 Page 12 of 12 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 SIGNATURE PAGE FOR GLO CONTRACT No.21-043-001 GENERAL LAND OFFICE CORPUS CHRISTI—NUECES COUNTY PUBLIC HEALTH DISTRICT aDuSignedby: by: LDocusigned ee I4 4E14, avens, Chief Clerk/ a� 74z� .ette Rodriguez Deputy Land Commissioner Title: Health Director 8/31/2020 10/9/2020 Date of execution: Date of execution: OGC Ebb PM aAE DIV Eq Iu: DD SDD DGC :A� GC IG ATTACHMENTS TO THIS CONTRACT: ATTACHMENT Ell—FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT B—GENERAL AFFIRMATIONS ATTACHMENT C—BEACH WATCH CONTRACT WORK PLAN ATTACHMENTS FOLLOW Attachment A DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21 B-A1AD084A4F55 GLO Contract No.21-043-001 Page 1 of 5 ASSURANCES— NON-CONSTRUCTION PROGRAMS OMB Approval No.4040-0007 Expiration Date:02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: Act of 1973, as amended (29 U.S.C.§794), which 1. Has the legal authority to apply for Federal assistance, prohibits discrimination on the basis of handicaps; (d) the and the institutional, managerial and financial capability Age Discrimination Act of 1975, as amended (42 U.S.C. (including funds sufficient to pay the non-Federal share §§6101-6107), which prohibits discrimination on the basis of project costs) to ensure proper planning, of age; (e) the Drug Abuse Office and Treatment Act of management and completion of the project described in 1972 (P.L. 92-255), as amended, relating to this application. nondiscrimination on the basis of drug abuse; (f) the 2. Will give the awarding agency, the Comptroller General Comprehensive Alcohol Abuse and Alcoholism of the United States and, if appropriate, the State, Prevention, Treatment and Rehabilitation Act of 1970 through any authorized representative, access to and (P.L. 91-616), as amended, relating to nondiscrimination the right to examine all records, books, papers, or on the basis of alcohol abuse or alcoholism; (g) §§523 documents related to the award; and will establish a and 527 of the Public Health Service Act of 1912 (42 proper accounting system in accordance with generally U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating accepted accounting standards or agency directives. to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 3. Will establish safeguards to prohibit employees from U.S.C. §§3601 et seq.), as amended, relating to using their positions for a purpose that constitutes or nondiscrimination in the sale, rental or financing of presents the appearance of personal or organizational housing; (i) any other non-discrimination provisions in the conflict of interest, or personal gain. specific statute(s) under which application for Federal assistance is being made; and, Q) the requirements of 4. Will initiate and complete the work within the applicable any other nondiscrimination statute(s)which may apply to time frame after receipt of approval of the awarding the application. agency. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation 5. Will comply with the Intergovernmental Personnel Act of Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed 1970 (P.L. 91-646) which provide for fair and equitable standards for merit systems for programs funded under treatment of persons displaced or whose property is one of the 19 statutes or regulations specified in acquired as a result of Federal and federally-assisted Appendix A of OPM's Standards for a Merit System of programs. These requirements apply to all interests in Personnel Administration (5 C.F.R. 900, Subpart F). real property acquired for project purposes regardless of 6. Will comply with all Federal statutes relating to Federal participation in purchases. nondiscrimination. These include but are not limited to: g Will comply, as applicable, with the provisions of the (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education limit the political activities of employees whose principal employment activities are funded in whole or in part with Amendments of 1972, as amended (20 U.S.C. §§1681- Federal funds. 1683, and 1685-1686),which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 2 of 5 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and §§327-333) regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C. §§469a-1 et seq.). 10.Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone Management compliance audits in accordance with the Single Audit Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Act Amendments of 1996 and OMB Circular No. A-133, Federal actions to State (Clean Air) Implementation Plans "Audits States, Local Governments, and Non-Profit under Section 176(c) of the Clean Air Act of 1955, as Organizations." amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the governing this program. Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 award recipients or a sub-recipient from (1) Engaging in U.S.C. §§1271 et seq.) related to protecting components or severe forms of trafficking in persons during the period potential components of the national wild and scenic rivers of time that the award is in effect (2) Procuring a system. commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DoSigned by: Health Director FAAAec_u4C P-Vkr�,, z Aq�c�9�`�' &ANIZATION DATE SUBMITTED Nueces County Public Health District 10/9/2020 SF-424B(Rev.7-97)Back DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R.PART 87* Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states,to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME Nueces County Public Health District 21-043-001 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Annette Rodriguez Health Director SIGNATURE DATE DocuSigned by: AAAC14e &4- Vez 10/9/2020 4FC9D92742CE414.v * 24 C.F.R. 87 App. A, available at bqs://www.i4po. og v/fdsys/eranule/CFR-2011-title24-voll/CFR-2011-title24-voll-part87- ap A.Published Apr. 1,2011.Accessed Aug. 1,2018. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 4 of 5 Disclosure of Lobbying Activities OMB Number: 013 Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Expiration Date:02/28/2022 See reverse for public burden disclosure 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a. contract a. bid/offer/application a.initial filing b.grant b.initial award b.material change c. cooperative agreement c.post-award d.loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Name: Street 1: Street 2: City: State: Zip: Congressional District, ifknown: Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number,ifapplicable: 8. Federal Action Number,ifknown: 9. Award Amount,ifknown: 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual, last name,first name, MI): different from No. IOa) (last name,first name, MI): 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported Title: to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than Telephone No.: Date: $10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment GLO Contract No.21-043-001 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is,or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee,"then enter the full name,address, city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). II. The certifying official shall sign and date the form,print his/her name,title, and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number.The valid OMB control number for this information collection is OMB No. 4040-0013.Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(4040-0013),Washington,DC 20503. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 1 of 8 General Affirmations To the extent they apply, Provider affirms and agrees to the following, without exception: 1. Provider represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Provider nor the firm, corporation, partnership, or institution represented by Provider, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Provider. 2. If the Contract is for services, Provider shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 3. Under Section 231.006 of the Family Code, the vendor or applicant [Provider] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Provider certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Provider certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code, Provider represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Provider owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support, regardless of when the debt or delinquency arises. 8. Upon request of the GLO, Provider shall provide copies of its most recent business continuity and disaster recovery plans. 072220M B DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Provider certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Provider's submission of its offer to provide consulting services to the GLO or, in the alternative, Provider, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. 10. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Provider must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11. If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Provider shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Provider's claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Provider may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Provider as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Provider must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Provider seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with the Provider in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Provider's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO,prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Provider: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or(2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12. If Chapter 2271 of the Texas Government Code applies to this Contract, Provider verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract. 13. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Provider understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 14. Provider certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Provider certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. Provider represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 17. Pursuant to Section 2155.004(a) of the Texas Government Code, Provider certifies that neither Provider nor any person or entity represented by Provider has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Provider from providing free technical assistance. 18. Provider represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 19. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Provider represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Provider further represents and warrants that if a former employee of the GLO was employed by Provider within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Provider that the employee worked on while employed by the GLO. 20. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 5 of 8 FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PROVIDER, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PROVIDER'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PROVIDER OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PROVIDER, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PROVIDER AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23. TO THE EXTENT ALLOWED BY LAW, PROVIDER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PROVIDER PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PROVIDER'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PROVIDER OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PROVIDER'S PERFORMANCE UNDER THE CONTRACT. PROVIDER AND THE DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 6 of 8 GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PROVIDER SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PROVIDER WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PROVIDER MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PROVIDER WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PROVIDER OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PROVIDER WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL. 24. Provider has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Provider certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26. Provider understands that the GLO will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Provider shall make any information created or exchanged with the State/GLO pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State or the GLO. 27. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Provider and legally empowered to contractually bind Provider to the terms and conditions of the Contract and related documents. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 7 of 8 28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Provider shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Provider shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30. Provider certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 31. Provider expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Provider represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: providing equivalent access for effective use by both visual and non-visual means; presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 32. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Provider certifies its compliance DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment B GLO Contract No.21-043-001 Page 8 of 8 with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 33. Pursuant to Section 572.069 of the Texas Government Code, Provider certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Provider within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Provider shall report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO's Fraud Reporting hotline at(877) 888-0002. 35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and Provider agrees that the Contract can be terminated if Provider knowingly or intentionally fails to comply with a requirement of that subchapter. 36. If Provider, in its performance of the Contract, has access to a state computer system or database, Provider must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Provider must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Provider must verify in writing to the GLO its completion of the cybersecurity training program. 37. Under Section 2155.0061, Texas Government Code, Provider certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 1 of 5 Beach Watch Contract Work Plan Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with Corpus Christi- Nueces County Public Health District(Provider)to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue,water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P.O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Provider Project Manager is required to download and read the document and return the signature page(Appendix D of the QAPP)to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP,the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com or accessed directly at http://cgis.glo.texas.gov/Beachwatch/docs/QAPP2020-2021.pdf. II. SAMPLING STATIONS AND SCHEDULE All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, Provider shall collect samples for Aransas County, Nueces County, and San Patricio County over 38 sampling weeks a year. Sampling Depth. Provider must sample at a depth of approximately two feet (-2 ft.). The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet, in which case Provider may collect samples at the location of greatest swimmer activity;or • The two-foot sampling depth occurs more than 50 meters from shore, measured from the approximate water line at the time of sampling, in which case Provider may collect samples at 50 meters from shore or at the location of greatest swimmer activity. Sampling Schedule. Exhibit 1 lists the weeks when sampling must be conducted. Provider must collect samples on Mondays or Tuesdays. If Provider cannot collect samples on a Monday or Tuesday, Provider DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 2 of 5 may collect samples on a Wednesday. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period, upon prior written approval from the Beach Watch Coordinator. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D-Glucoside Agar (mEl) July 2006 (http://www.epa.gov/waterscience/methods/method/biological/1600.pdf) or the IDEXX EnterolertT"^ system. The entity performing laboratory testing shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract,the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail)for the laboratory, if separate from the Provider. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles—The bacteriological samples will be collected in polypropylene bottles with a capacity between 125 and 1000 milliliters (ml) to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice packs to keep samples cool • Waterproof adhesive labels for sample bottles • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator, with the invoice reimbursement request. Sample Collection Training. Provider shall ensure trained individuals perform the collection of samples. Within 15 days after Contract execution, Provider must submit a brief description of the training of the individuals to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 3 of 5 Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment:Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required, or on the bottle label and on a field log sheet. 2. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 3. The first sample to be prepared is the trip blank(at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 4. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 5. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 6. Remove the bottle from the water body. 7. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 8. Tightly close the stopper and label the bottle. 9. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 4 of 5 than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the LAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, Provider must deliver the samples to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice packs may be added during the course of the sampling day. Sampling Documentation. Provider must complete a FOF for each station. Multiple stations may be included on a single FOF if all the data is the same. Provider must supply a copy of each completed FOF to the designated laboratory (if different than the Provider). The Provider shall retain all FOFs. Provider must submitted data from the FOFs electronically,once a month, in a spreadsheet format supplied by the Beach Watch Coordinator,with the invoice reimbursement request. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(e.g., sargassum, dead fish,flood debris) • Debris on beach (e.g., sargassum, algae,flood debris,trash,tar balls) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the LAPP for QA/QC purposes,the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. DocuSign Envelope ID: FF912AE8-BCAF-4C8E-B21B-A1AD084A4F55 Attachment C GLO Contract No.21-043-001 Page 5 of 5 Public Advisory. If the Provider is a local government,the Provider must issue a public advisory and post advisory signs. If Provider fails to post advisory signs, in the GLO may immediately terminate the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. VI. DATA ENTERY The Provider must submit sampling results through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm). Data must be entered into the website within two hours of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within two hours,the Provider shall notify the Beach Watch Coordinator by any means possible. VII. SPECIAL CONDITIONS 1. This project must be completed as described in this work plan. 2. The GLO must approve any changes in the scope of work and budget requests that change the total project cost. 3. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 4. The Provider must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in media related communications for this Project. Docu�. ms;CURRb Certificate Of Completion Envelope Id: FF912AE8BCAF4C8EB21BA1AD084A4F55 Status: Completed Subject: RUSH$0 Work Order Based Contract:21-043-001 Corpus Christi-Nueces County Health District(TGLO) Source Envelope: Document Pages:40 Signatures:4 Envelope Originator: Certificate Pages:4 Initials: 7 Lance White AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Iance.white@glo.texas.gov IP Address:72.133.103.179 Record Tracking Status: Original Holder: Lance White Location: DocuSign 8/28/2020 12:36:50 PM Iance.white@glo.texas.gov Signer Events Signature Timestamp Ben Bellomy ED Sent:8/28/2020 12:52:02 PM ben.bellomy@glo.texas.gov Viewed:8/28/2020 1:58:30 PM Attorney Signed:8/28/2020 9:24:18 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 72.48.99.184 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lucy Flores �DS Sent:8/28/2020 9:24:22 PM Iucy.flores@glo.texas.gov Viewed:8/28/2020 11:22:34 PM Texas General Land Office Signed:8/31/2020 9:14:10 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address:66.68.62.68 Electronic Record and Signature Disclosure: Not Offered via DocuSign Angela Sunley ��°S Sent:8/31/2020 9:14:14 AM angela.sunley@glo.texas.gov Viewed:8/31/20202:28:57 PM Texas General Land Office Signed:8/31/2020 2:29:06 PM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IP Address: 107.77.231.139 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Melissa Porter S Sent:8/31/2020 2:29:10 PM melissa.porter@glo.texas.gov Viewed:8/31/20202:55:59 PM Texas General Land Office Signed:8/31/2020 2:56:17 PM Security Level: Email,Account Authentication (None) Signature Adoption: Uploaded Signature Image Using IP Address: 104.59.203.99 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp David Green DS Sent:8/31/2020 2:56:22 PM david.green@glo.texas.gov Viewed: 8/31/2020 3:22:31 PM Legal Services Signed:8/31/2020 3:22:57 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Uploaded Signature Image (None) Using IP Address: 172.1.77.55 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc BarenblatSent:8/31/2020 3:23:01 PM HSI, marc.barenblat@glo.texas.gov Viewed: 8/31/2020 3:35:41 PM Deputy General Counsel Signed:8/31/2020 3:40:14 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 104.15.130.4 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff GordonSent:8/31/2020 3:40:18 PM E"s jeff.gordon@glo.texas.gov Viewed: 8/31/2020 3:41:27 PM General Counsel Signed:8/31/2020 3:41:36 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.197.18.215 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens Docusignedby: Sent:8/31/2020 3:41:40 PM mark.havens@glo.texas.gov Viewed: 8/31/2020 8:16:44 PM Chief Clerk and Deputy Land Commissioner ozeeFas"E"g' Signed:8/31/2020 8:16:53 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 162.193.135.244 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Annette Rodriguez ED—S,gnedbySent:8/31/2020 8:16:57 PM annetter@cctexas.com ^^e'I�F� F-.(K �z Viewed: 9/8/2020 12:26:45 PM Health Director 'F°9o9Z,42CEa,a_ Signed: 10/9/2020 5:02:02 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address:24.155.142.154 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 CMD Drafting Requests �� Sent:8/28/2020 12:52:02 PM draftingrequests@GLO.TEXAS.GOV Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride Sent:8/28/2020 12:52:02 PM kelly.mcbride@glo.texas.gov ED Director of Contract Management Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Lawley Sent:8/28/2020 12:52:03 PM Mark.Lawley@glo.texas.gov ED Compliance Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Chelsa CastillejaCOPIED E Sent:8/28/2020 12:52:03 PM Chelsa.Castilleja@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Pinchback � Sent:8/28/2020 9:24:22 PM jason.pinchback@glo.texas.gov ED Viewed: 8/29/2020 6:41:41 AM Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Andrea Walmus � Sent:8/28/2020 9:24:22 PM Andrea.WaImus@glo.texas.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Janette Gibreal � Sent:8/31/2020 2:29:10 PM janette.gibreal@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Gloria Maynard E Sent:8/31/2020 2:56:22 PM gloria.maynard@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw E Sent:8/31/2020 3:40:18 PM stephanie.crenshaw@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB �� Sent: 10/9/2020 5:02:10 PM HUB@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Shirley de la Cruz Sent: 10/9/2020 5:02:15 PM Shirley.De LaCruz@glo.texas.gov ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Williams Sent: 10/9/2020 5:02:19 PM Angie.Williams@glo.texas.gov ED Interim Director, Budget and Planning Texas General Land Office 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 10/9/2020 5:02:19 PM Certified Delivered Security Checked 10/9/2020 5:02:19 PM Signing Complete Security Checked 10/9/2020 5:02:19 PM Completed Security Checked 10/9/2020 5:02:19 PM Payment Events Status Timestamps Two Reading Ordinance Ordinance appropriating $13,000.00 in the Health Grant Fund for an increase in the Beach Watch Program from the Texas General Land Office (GLO) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. for the period September 1 , 2020, through August 31 , 2025. City Council August 22, 2023 Background and Staff Recommendation • General Land Office (GLO) Texas Beach Watch (TBW) Grant o To be used for collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP. Provider shall perform project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. o Contract shall be effective as of the earlier of September 1, 2020, and shall terminate on August 31, 2025. City Council August 22, 2023 Background and Staff Recommendation o Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. 0 o Fiscal impact- No fiscal impact for FY2023. o All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council August 22, 2023 SC G� 0 � U AGENDA MEMORANDUM NggPqRPY ED Public Hearing and First Reading for the City Council Meeting of August 22, 2023 1852 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for properties at or near 15821 South Padre Island Drive (Park Road 22) CAPTION: Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave. from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: The purpose of this item is to rezone the properties to allow for the development of a townhome community with associated and shared amenities. BACKGROUND AND FINDINGS: The subject properties are a total of 1.08 acres in size. To the north, uses are commercial and vacant zoned "CR-2/10" Resort Commercial with the Island Overlay. To the south, uses are vacant, zoned "CR-2/10" Resort Commercial with the Island Overlay. To the east, there are park uses zoned "FR" Farm Rural District. To the west, uses are low-density residential, zoned "RS-6" Single-Family 6 District. The "CR-2" Resort Commercial District permits commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The proposed rezoning is inconsistent with the Future Land Use Map but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 28 within the 200-foot notification area, 5 outside the notification area. As of July 10, 2023.- In 023.In Favor In Opposition 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area A total of 1.2% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development on June 14, 2023. Vote Results For: 8 Against: 0 Absent: 1 ALTERNATIVES: Denial of the change of zoning from the "CR-2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0623-02, Ron & Vanessa, LLC III and TRR Development LLC (District 4). Ordinance rezoning properties at or near 15821 and 15826 South Padre Island Drive and 15822 and 15826 Palmira Ave from the CR-2/10 Resort Commercial District with the Island Overlay to the CR-2/10/PUD Resort Commercial District with the Island Overlay and a Planned Unit Development; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject properties being Lots 6A, 6137 7A, and 7B, Block 17, Padre Island No. 1, as described/shown in Exhibit "A": the CR-2/10 Resort Commercial with the Island Overlay to the CR- 2/10/PUD Resort Commercial with the Island Overlay and a Planned Unit Development. The subject properties is located at or near 15821,15826 South Padre Island Drive and 15822, 15826 Palmira Ave. Exhibit A, a map is attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the Flamingo Planned Unit Development (PUD) Guidelines and Master Site Plan, which is Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). The PUD shall follow all right-of-way sections as designed. 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 3 =o F�cA/V R - 6 SUBJECT PROPERTY Q� CR - 2 o� �s Q A�MF �Aq�F F R CASE: 0623-02 N SUBJECT PROPERTY WITH ZONING WE ® S Subject Property A-1 Apartment House District -1 Limited Industrial District A-1A Apartment House District -2 Light Industrial District A-2 Apartment House District 1-3 Heavy Industrial District AS Professional Office District PUD Planned Unit Development AT Apartment-Tourist DistrictR-1A One Family Dwelling District SUBJECT\ B-1 Neighborhood Business District R-1B One Family Dwelling District PROPERTY B-1A Neighborhood Business District R-1C One Family Dwelling District B-2 Bayfront Business District R-2 Multiple Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District B-4 General Business District R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit B-6 Primary Business Core District T-1A Travel Trailer Park District BD Corpus Christi Beach Design Dist. T-1 B Manufactured Home Park District [Ch Of F-R Farm Rural District T-1C Manufactured Home Subdivision r U Esri, HERE LOCATION MAP HC Historical-Cultural Landmark District lstl Preservation Flamingo Resort Bungalows, P.U . D. Owners/Developers TRR Development, LLC and Ron and Vanessa, LLC III Submitted by Urban Engineering June 21, 2023 URBAN wmvrm#rwwa,As ENGINEERING 'u"'"''� "�� 1WT"11 TBPELS FIRM NUMBERS: ENGINEERING 1451 SURVEYING 10032400 2725 Swantner Drive, Corpus Christi, Texas 78404 Phone: (361)854-3101 Fax: (361) 854-6001 Flamingo Resort Bungalows, P.U . D. Corpus Christi, Texas Development Description: The developer is proposing re-platting 4 existing lots into 10 Lots. The development will consist of an existing single-family residence and 8 new detached townhome units. A re-plat of the property will encompass Lots 6A, 613, 7A and 7C, Block 17, Padre Island No. 1. The proposed townhome lots will each have direct access to Palmira Drive and South Padre Island Drive via a private access road, and will complement existing developments in the area. Location Map: If Site c 0 o Ccurty of Nueces '`City of Corpus `Christi Location Map: 1"=600' Townhome Development Standards per City of Corpus Christi Unified Development Code Townhome Minimum Units—Two (Attached) Minimum Lot Area—2,600sf Minimum Lot Width—26' Minimum Street Yard—10' Minimum Side Yard—0' Minimum Rear Yard—5' Minimum building separation—10' Minimum Open Space—30% Maximum Height—45' Required Parking: -2 per unit Curb Type—6" Curb and Gutter Sidewalks—5' (Existing Streets—no sidewalks) Paved Street Width—(Palmira Avenue C1 Collector—60'R.O.W./40'B-B Pavement) (South Padre Island Drive (Park Road 22) A2 Arterial - 100'R.O.W./54'B-B Pavement) PUD Requirements Townhome Minimum Units—One (Detached) Minimum Lot Area—2,600sf Minimum Lot Width—30' (Greater than what is currently allowed) Minimum Street Yard—20' (along Palmira) and 0' (Private Access Easement) Minimum Side Yard—3.5' (subject to building separation requirements) Minimum Rear Yard—5' Minimum building separation—7.0' (subject to building separation requirements) Minimum Open Space—30% Maximum Height—None Required Parking: -2 per unit (at least 3 provided per Townhome), existing parking for existing single- family residence. Curb Type—Private Drive via Private Access Easement (no Curb/Gutter) Sidewalks—5' Wide Sidewalk along North side of 25' wide private access easement. 5' Sidewalk will be provided along Palmira Avenue. No sidewalk will be provided along South Padre Island Drive (Park Road 22) Paved Street Width—(Palmira Avenue—Existing Pavement), (South Padre Island Drive (Park Road 22)— Existing Pavement), (Private Access Easement—A minimum 20-foot street section for tenant and emergency vehicle access shall be maintained. ) Lot 1, Block 1 CR-2 Development Standards (Residential) per City of Corpus Christi Unified Development Code Minimum Lot Area—6,000sf Minimum Lot Width—50' Minimum Street Yard—20' Minimum Side Yard—10' (single) 20' (Total) Minimum Rear Yard—10' Minimum building separation—10' Minimum Open Space—25% Maximum Height—See Section 4.2.8.0 of the Unified Development Code Required Parking: -2 per unit Curb Type—4" Roll Curb and Gutter(Existing) Sidewalks—5' (Existing Streets—no sidewalks) Paved Street Width—(Palmira Avenue C1 Collector—60'R.O.W./40'B-B Pavement) (South Padre Island Drive (Park Road 22) A2 Arterial - 100'R.O.W./54'B-B Pavement) PUD Requirements Minimum Lot Area—2,600sf Minimum Lot Width—30' Minimum Street Yard—20' (along Palmira) and 0' (Private Access Easement) Minimum Side Yard—3.5' (subject to building separation requirements) Minimum Rear Yard—0' Minimum building separation—7.0' (subject to building separation requirements) Minimum Open Space—25% Maximum Height—Existing Building Required Parking: -2 per unit Curb Type—4" Roll Curb and Gutter(Existing) Sidewalks—5' Wide Sidewalk along North side of 25' wide private access easement. 5' Sidewalk will be provided along Palmira Avenue. No sidewalk will be provided along South Padre Island Drive (Park Road 22) Paved Street Width—(Palmira Avenue—Existing Pavement), (South Padre Island Drive (Park Road 22)— Existing Pavement), (Private Access Easement—Pavement/20' Wide) NOTE: Lot 1 shall be allowed to be re-platted without a PUD amendment, in order to create no more than one additional lot that meets the same requirement as Lots 3 through 10, Block 1, as set forth in this PUD document. Lot 1 shall allow for single family use and/or a community center. If the use changes to include a community center, required parking will need to be met. Any change in use, other than what has been specified in this document, may require a PUD amendment. Development Guidelines For Lots 3 through 10, Block 1 Use—Townhome Lot Area— Minimum 2,600sf Lot Width—30' Yard Requirements: Street: 0' (Private Access Easement) Street corner: N/A Side Yard: 3.5' (subject to building separation requirements) Maximum building Height: None Minimum Building Spacing: 7.0' (subject to building separation requirements) Parking Requirement Per Unit: 2 per Maintenance: Lot Owner (not including sidewalks) and Homeowner's Association (sidewalk/offsite parking spaces) Allowed Improvements: Residential structures, support structures including decks, porches, sidewalks, pavement, fencing, landscaping, swimming pools, storage rooms, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed, specific language will be described in HOA document Development Guidelines For Lot 1, Block 1 Use—Single-Family Residence/Community Center Lot Area— Minimum 2,600sf Lot Width—30' Yard Requirements: Street: 20' (along Palmira) and 0' (Private Access Easement) Street corner: N/A Side Yard: 3.5' (subject to building separation requirements) Maximum building Height: None Minimum Building Spacing: 7.0' (subject to building separation requirements) Parking Requirement Per Unit: 2 per unit Maintenance: Lot Owner (not including sidewalks) and Homeowner's Association (sidewalk/offsite parking spaces) Allowed Improvements: Residential structures, support structures including decks, porches, sidewalks, pavement, fencing, landscaping, swimming pools, storage rooms, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Short Term Rentals: Allowed, specific language will be described in HOA document Development Guidelines For Lot 2, Block 1 (Common Lot) Use— Private Access, drainage, retention Ponds, utilities, Non-residential Structures (i.e. benches, barbeque pits, shade structures, etc.) for enjoyment and benefit of Flamingo Resort Bungalows, P.U.D. Community. Retention areas will also be used as a community amenity. Retention area edges will have enhanced landscaping. Pedestrian seating and barbeque pits will be installed along edges. Private Access Road area contains approximately 9,000 square feet Retention Pond Areas (combined) contain approximately 2,325 square feet Lot Area— N/A Lot Width— N/A Yard Requirements: Street: N/A Street corner: N/A Side Yard: N/A Maximum building Height: None Minimum Building Spacing: As required per International Building Code Parking Requirement: 0 spaces Maintenance: Homeowner's Association Allowed Improvements: Community structures/amenities, including decks, porches, pavement, fencing, landscaping, utilities, swimming pools, gazebos, benches, barbeque pits, etc. Placement of Improvements: Within limits of Individual Lots and setbacks and outside of easements with exception of fences, paving and landscaping. Private access road shall have an entrance on South Padre Island Drive (Park Road 22) in addition to a Palmira Avenue entrance, and shall be evidenced by TxDOT permit. Lot Layout for Flamingo Resort Bungalows,P.U.D. AGE" PLAT BOUNDARY 0 5/6 INCH IRON ROD WITIH RED BEING A RE-PLAT OF LOTS 6A, 68, 7A AND 78, PLASTIC CAP STAMPED BLOCK 17, PADRE ISLAND NO. 1, A MAP OF WHICH ROAD CENTERLINE "URBAN ENGR CCTX"SET IS RECORDED IN VOLUME 13, PAGES 1 THROUGH 8 ADJACENT LOT LINE 5/B INCH IRON ROD IMTH / AND 17, MAP RECORDS OF NUECES COUNTY, TEXAS. - - RED PLASTIC CAP STAMPED YARD REWIRWENT "URBAN ENGR CCTX"FOUND EASEMENT • 5/8 INCH IRON ROD Y.R. YARD REWIRWENT O 1 INCH IRON PIPE FOUND B.L. BUILDING UNE PLANNED UNIT DEVELOPMENT <0, U.E. UTILITY EASEMENT BOUNDARY VOL. VOLUME ® COMMON AREA PG. PAGE RESIDENTIAL LOT M.R.N.C.T. MPP RECORDS OF NUECES COUNTY,TEXAS D.R.N.C.T. U RECORDS OF NUECES CO counrv.TEXAS Xf pZ"apt 6 L / O _ a oIPPt b/v @R° "rr,' / N S a o `cso 8,N @ e a S 1. THE ENTIRE PROPERTY LIES WITHIN ME CITY OMITS OF THE CITY OF / CORPUS CHRISTI. 'b'- s d 2. THE TOTAL AREA TO BE PLATTED CONTAINS 1.033 ACRES OF LAND , ",R'Neyaa INCLUDING ANY DEDICATION. 3. THE YARD REQUIREMENT,AS DEPICTED ON THE PIAT, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE(UDC)AND IS SUBJECT TO CHANGE RhHy cqo,,q,L AS ME ZONING MAY CHANGE. n, 4. 5/8 INCH IRON ROD WITH RED PLASTIC CAP STAMPED "URBAN ENGR CCTX"SET AT ALL LOT CORNERS,UNLESS OTHERWISE NOTED. / aaq 5. GRID BEARINGS AND DISTANCES SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,TEXAS SOUTH ZONE 4205, ARE BASED ON THE NORTH AMERICAN DATUM OF 1983(2011)EPOCH 2010.10.00. 6. THE RECEMNG WATER FOR THE STORM WATER RUNOFF FROM THIS / PROPERTY IS THE LAGUNA MADRE. RHE TCEQ HAS CLASSIFIED THE / AQUATIC LIFE USE FOR LAGUNA MADRE AS"EXCEPTIONAL"AND "OYSTER WATERS TCEQ ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION"USE. 7. GRAPHIC PLOTTING ONLY,THIS PROPERTY IS CURRENTLY ZONE"AE (E / (EL 10)"OF THE FLOOD INSURANCE RATE MAP(FIRM),COMMUU NITY PANEL NUMBER 4B355C0NUECES COUNTY, TEXAS, WHICH BEARS AN EFFECTIVE DATE OCTOBER 13, 2023 qIN A SPECIAL FLOOD HAZARD AREA. THEE F FIRM PANEL 48}55C0755G 5G IS BASED ON THE NORTH AMERICAN VERTICAL DAVM OF 1988(NAVD88). 8. CURRENT ZONING IS CR-2.EXISTING USE IS SINGLE FAMILY RESIDENT AND uan-�40Po VACANT LAND. R.A.I:fi/1 2023 9. A MINIMUM 20-FOOT STREET SECTION FOR TENANT AND EMERGENCY ■■�p��� SCALE ea: 4 26/2023 VEHICLE ACCESS SHALL BE MAINTAINED. s /7rr�� SCALE: ENGINEERING Yv1� JOB NO.: 43605.03.00 SHEET: 1 of 1 DRAWN BY: XG r 12021 Ey tgi.e I Master Site Plan for Flamingo Resort Bungalows,P.U.D. AGE" PLAT BOUNDARY 0 5/6 INCH IRON ROD W M REO BEING A RE—PLAT OF LOTS 6A, 68, 7A AND 78, PLASTIC CAP STAMPED BLOCK 17, PADRE ISLAND NO. 1, A MAP OF WHICH ROAD CENTERLINE "URBAN ENGR CCTX"SET IS RECORDED IN VOLUME 13, PAGES 1 THROUGH 8 ADJACENT LOT LINE 5/B INCH IRON ROD N1M / AND 17, MAP RECORDS OF NUECES COUNTY, TEXAS. — — REO PLASTIC CAP STAMPED YARD REWIRWENT "URBAN ENGR CCTX"FOUND EASEMENT • 5/8 INCH IRON ROD Y.R. YARD REWIRWENT O 1 INCH IRON PIPE FOUND B.L. BUILDING UNE PLANNED UNIT DEVELOPMENT U.E. UTILITY EASE"ENT BOUNDARY VOL. VOLUME PROPOSED SOEWALK PG. PAGE PROPOSED PARKING D BUILDING FOOTPRINT M.R.N.C.i. MPP RECORDS OF NUECES PROPOSED BU COUNTY,TEXAS D POOL D.R.N.C.T. DEED RECORDS OF NUECES COUNTY,TEXAS � PROPOSED TRAFFIC FLOW h /OSB>y'til® / t 1. THE ENTIRE PROPERTY LIES WITHIN THE CITY OMITS OF THE CITY OF / r CORPUS CHRISTI. 2. THE TOTAL AREA TO BE PLATTED CONTAINS 1.033 ACRES OF LAND INCLUDING ANY DEDICATION. Y 4 Q 3. THE YARD REQUIREMENT,AS DEPICTED ON THE PIAT, ISA REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE(UDC)AND IS SUBJECT TO CHANGE AS RHE ZONING MAY CHANGE. R H cqa q4, °°e X23 4. 5/8 INCH IRON ROD WITH RED PLASTIC CAP STAMPED "URBAN ENGR CCTX"SET AT ALL LOT CORNERS,UNLESS OTHERWISE NOTED. 5. GRID BEARINGS AND DISTANCES SHOWN HEREON ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983,TEXAS SOUTH ZONE 4205,AND ARE BASED ON THE NORTH AMERICAN DATUM OF 1983(2011)EPOCH 2010.00. 6. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS / PROPERTY IS THE LAGUNA MADRE. RHE TCEQ HAS CLASSIFIED THE / AQUATIC LIFE USE FOR LAGUNA MADRE AS"EXCEPTIONAL"AND "OYSTER WATERS TCEQ ALSO CATEGORIZED THE LAGUNA MADRE AS "CONTACT RECREATION"USE. 7. BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS CURRENTLY IN ZONE"AE (EL 10)"OF THE FLOOD INSURANCE RATE MAP(FIRM),COMMUNITY PANEL / NUMBER 48355C0755G. NUECES COUNTY, TEXAS, WHICH BEARS AN EFFECTIVE DATE OF OCTOBER 13, 2023 AND IS IN A SPECIAL FLOOD HAZARD AREA. THE FIRM PANEL 48355CO755G IS BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD88). 8. CURRENT ZONING IS CR-2.EXISTING USE IS SINGLE FAMILY RESIDENT AND VACANT LAND. R.A.s d:6/22023 9. LOTS 3 THROUGH 10, BLOCK I WILL EACH HAVE AT LEAST 3 PARKING SuhmiLL 11 4 26/2023 SPACES AT GROUND LEVEL BELOW THE BUILDINGS. VR�N /7rr�I SCALE: I'=40' ENGINEERING Yv1� JOB NO.: 43605.03.00 10.A MINIMUM 20—FOOT STREET SECTION FOR TENANT AND EMERGENCY SHEET: 1 Gf 1 VEHICLE ACCESS SHALL BE MAINTAINED. r DRAWN BY: XG 02021 by Enginering ZONING REPORT Case # 0623-02 Applicant & Subject Property City Council District: 4. Owner: Ron and Vanessa LLC, III, TRR Development, LLC. Applicant: Ron and Vanessa LLC, III, TRR Development, LLC. Address: 15821,15825 South Padre Island Drive (Park Road 22) and 15822, 15826 Palmira Drive, located along the west side of South Padre Island Drive (SH 358) and east side of Palmira Avenue, and south of Encantada Avenue. Legal Description: Lots 6A, 6B, 7A, and 7B, Block 17, Padre Island No.1. Acreage of Subject Property: 1.03 acres. Pre-Submission Meeting: March 24, 2023. Zoning Request From: "CR-2/10" Resort Commercial District with the Island Overlay. To: "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. Purpose of Request: To allow for the development of townhome units. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CR-2/10" Resort Vacant, Low-Density Medium-Density Residential, Commercial / Island Overlay Residential Commercial North "CR-2/10" Resort Vacant, Commercial Commercial Commercial / Island Overlay South "CR-2/10" Resort Vacant Commercial Commercial / Island Overlay East Freeway Freeway Freeway West "RS-6" Single-Family 6 Low-Density Residential Medium-Density Residential Plat Status: Currently platted, however an Application for Land Subdivision has been submitted to reflect this rezoning request and is in process. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Street S. Padre Island Drive A2 — Secondary 4 Lanes, 4 Lanes, (Park Road 22) Arterial (Divided) 100 feet 125 feet Palmira Avenue C1 — Minor 2 Lanes, 2 Lanes, Residential Collector 60 feet 30 feet Zoning Report Page 2 Transit: The Corpus Christi RTA provides service to the subject property 1 mile to the north via Route 65 Island Connection. Bicycle Mobility Plan: A bike boulevard is planned on Palmira Avenue and a One-Way Cycle track is planned on both sides of Encantada Avenue, approximately 1/8 of a mile to the north of the subject property. Utilities Gas: A 2" WS line along the east side of the subject property and a 6" WS line along Palmira Avenue. Stormwater: A storm ditch runs along the east side of the subject property. Wastewater: An 8" VCP line along Palmira Avenue. Water: A 12" ACP line to the north of the property along S. Padre Island Drive and a 12" ACP line also along Palmira Avenue. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Padre-Mustang Island Area Development Plan (Adopted on June 22, 2021). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: Improvements have been proposed, specifically an 8" PVC pipe along the west side of S. Padre Island Drive (Park Road 22). Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 28 within a 200-foot notification area • 5 outside 200-foot notification area In Opposition . 1 inside the notification area • 0 inside the notification area • 1.2% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: June 14, 2023 (Tabled) Planning Commission Hearing Date: June 28, 2023 City Council 1St Reading/Public Hearing Date: August 22, 2023 City Council 2nd Reading Date: August 29, 2023 Zoning Report Page 3 Development Plan The subject property is 1.08 acres in size. The proposed use is a development to include the existing single-family home and/or a community center and eight (8) proposed detached townhomes to create a townhome community. Each proposed townhome will have direct access to Palm ira Avenue and South Padre Island Drive via a private access easement. The table below compares the proposed PUD development standards and the Unified Development Code (UDC) standards for the "CR-2/10" Resort Commercial District with the Island Overlay. Lot 1 Proposed Use: Existing Single-Family Home and/or a Community Center. Development UDC Requirements Proposed PUD Standards "CR-2" District Standards Deviation Minimum Lot 6,000 sq/ft 2,600 sq/ft YES Area Minimum Lot 50' 30' YES Width Minimum Building 10' 71* YES Separation Minimum Side 10' Single, 20' (Total) 3.5'* Yard Minimum Rear 10' 0' Yard Sidewalks — 5' wide sidewalk along Palmira Drive, no sidewalk along South Padre Island Drive Park Road 22 NOTE: Lot 1 shall be allowed to be re-platted without a PUD amendment, to create no more than one additional lot that meets the same requirement as Lots 3 through 10, Block 1, as set forth in this PUD document. Lot 1 shall allow for single-family use and/or a community center. If the land use changes to include a community center, required parking will need to be met. Any change in use, other than what has been specified in this document, may require a PUD amendment. *Subject to Building Separation Requirements. Lot 2 Proposed Use: Private Access Road and drainage utilities. Retention areas to serve as community amenities and will be landscaped with trees and include seating, barbeque pits, shade structures, decks, porches, swimming pools, gazebos, etc. for the enjoyment and benefit of Flamingo Resort Bungalows, P.U.D. Community. Development UDC Requirements Proposed PUD Standards "RS-TH" District Standards Deviation Private Access Road — Minimum Lot 2,600 sq/ft 9,000 sq/ft, Retention Area Pond Areas (combined) — 2,325 sq/ft. Minimum Lot 50' None Width Zoning Report Page 4 Minimum 10' 0' Street Yard Maximum 45' None Building Height Parking 2 0' (N/A) Requirement Private access road shall be maintained and have a minimum 20' street section for tenant and emergency vehicle access. Private access road shall have an entrance on South Padre Island Drive (Park Road 22) in addition to a Palmira Avenue entrance and shall be evidenced by a TxDOT permit. The placement of improvements will be within the limits of individual lots and setbacks and outside of easements except for fences, paving, and landscaping. Lots 3-10 Proposed Use: Eight (8) One-Unit, Detached Townhomes with garage/storage on the first floor. Development UDC Requirements Proposed PUD Deviation Standards "RS-TH" District Standards Townhomes are defined Description of as two or more attached Townhomes single-family units where Individual, detached (Table 4.4.4) the units are lined up in a townhouse units (8) row and have abutting side walls. Minimum Lot 50' 30' Width Minimum Yard Street Yard — 10' Street Yard — 0' (Private Requirements Side Yard — 5' Access Easement" Side Yard — 3.5'* Minimum Building 10' 71* Separation Maximum 45' None Building Height Allowed Improvements: Residential structures, support structures including decks, porches, sidewalks, pavement, fencing, and landscaping. Short-Term Rentals: Will be allowed, specific language will be described in the HOA document. Subject to building Separation Requirements Zoning Report Page 5 Department Comments: As part of the rezoning process, all proposed Planned Unit Developments (PUDs) are reviewed by the Technical Review Committee (TRC). The TRC meeting took place on May 8, 2023 (See Attachment C). Review Criteria for PUD Zoning Map Amendments §3.5.4.A: 1. Plat —Approved conditionally on June 14, 2023. 2. PUD Application: §3.5.1- Applicability and Limitations: A planned unit development may be used to permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts do not easily accommodate. The PUD meets this criterion. 3. PUD Application: §3.5.4.A.1- Review Criteria: The development is in harmony with the character of the surrounding area. The PUD meets this criterion. 4. PUD Application: §3.5.4.A.2 - Review Criteria: The development is in conformity with the Comprehensive Plan and is consistent with the intent and purpose of this Section. The PUD meets this criterion as this PUD will create shared community amenities. 5. PUD Application: §3.5.4.A.3 - Review Criteria: The development contains a variety of housing types, employment opportunities, or commercial services to achieve a balanced community. The PUD meets this criterion. 6. PUD Application: §3.5.4.A.4 - Review Criteria: The orderly and creative arrangement of all land uses with respect to each other and to the entire community. The PUD meets this criterion as the request Includes community amenities and townhome development. 7. PUD Application: §3.5.4.A.5 Review Criteria: The development contains a planned and integrated comprehensive transportation system providing for a separation of pedestrian and vehicular traffic, including facilities such as roadways, bicycle ways, and pedestrian walkways. The PUD meets this criterion with a proposed ingress on South Padre Island Drive (Park Road 22) and egress via Palmira Avenue, and a sidewalk along the private access road and Palmira Avenue. 8. PUD Application: §3.5.4.6.3 The Master Site Plan provides cultural or recreational facilities. The PUD meets this criterion proposed with various amenities proposed to include, but are not limited to pedestrian seating, barbeque pits, gazebos, porches, and swimming pools. 9. PUD Application — Master Site Plan: §3.5.4.6.4: The site and building layout take maximum advantage of the natural and built environment. The PUD meets this criterion as the arrangement maximizes density. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. Zoning Report Page 6 o Transportation and Mobility ■ Support a multi-modal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths. ■ Support the development of mode-choice corridors for bicycles, o Future Land Use, Zoning, and Urban Design ■ Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Medium-Density Residential, Commercial ■ Medium-Density Residential: Approximately Y4 acre along Palmira Avenue ■ Commercial: Approximately 3/ acre from S. Padre Island Drive to Palmira Avenue • Area Development Plan (Padre/Mustang Island): The proposed rezoning is partially consistent with the following: o Future Land Use: Commercial: The Padre/Mustang Island ADP states that commercial uses such as retail, services, hotel, and offices are considered compatible with high-density residential uses such as townhomes, cottage housing, and condominiums. Staff Analysis: According to the Unified Development Code (UDC) §3.5.1, a planned unit development may (PUD) be used to permit new or innovative concepts in land utilization, master-planned communities, or mixed-use developments that other zoning districts do not easily accommodate. to occur, procedures are established to ensure against misuse of increased flexibility. The proposed PUD does not meet the spirit of a PUD. After staff review, the PUD Application meets the following review criteria for the Master Site Plan §3.5.4.6: 1. The Master Site Plan ensures the provision of adequate public improvements, including but limited to transportation, utilities, stormwater, parks, and other facilities. (See TRC Comments Attachment C) 2. The Master Site Plan ensures minimal development-related off-site impacts. 3. The Master Site Plan provides cultural or recreational facilities. 4. The site and building layout take maximum advantage of the natural and built environment. Staff compared the proposed PUD's consistency with the applicable elements of the Zoning Map Amendment Review Criteria, the Master Site Plan Review Criteria, and elements of the comprehensive plan. As a result of the above analysis, staff notes the following: Zoning Report Page 7 • The proposed PUD meets the applicability criteria and the review criteria for PUDs as defined by the UDC. • The proposed PUD is primarily inconsistent with the Future Land Use Map as the subject property is both medium-density residential (25%) and commercial (75%). • The proposed rezoning is consistent with only a few individual elements of the City of Corpus Christi Comprehensive Plan. • Technical Review Committee comments regarding sidewalks along Palmira Avenue have been adequately addressed. • The proposed PUD meets the fundamental review criteria for both the zoning map amendment and the master site plan such as being in conformity with the comprehensive plan, providing cultural or recreational amenities, providing innovative use of land concepts, or a variety of housing types. Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission & Staff Recommendation: Approval of the change of zoning from the "CR-2/10" Resort Commercial 2 District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. Attachments: A. Existing Zoning and Notice Area Map B. Flamingo Resort Bungalows, P.U.D. C. Technical Review Committee Comments D. Returned Notice Zoning Report Page 8 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA A 8 15 5 17 4 _8 14 R'S- 6 _ V _ SUBJECT P ORERTY 16 rf ■ ■ 20 C" - 2 C2 .■ ■ 26 21 ■ 23 23 1 25 27 CASE: 0623-02 Zoning and notice Area x` F.N.' Nul:f mllllf� _yl"I11Juc:�lm 3V-: V__TalllI H H—,I-M-UW F.4J 11u1='aulllr PUO }Lllw�nl�6.r.6a.11.1f RS-16 Sllll.Fimiy 10 RN.;"Nul01m-1i1 kT31maw-F�kIY _rv-.., Lw A' RS iU Sftby FrWk 1.5 ty 1a11'Lva lr vl4_i��-w�41m FS-TF T..F.,My _R.1 i—I L._'+-11w-_.ml FMAS Ylfrll.-Fai7rlr 15 a R—1 Caf .,ul RE Rm. .ii.E.0 ..-AC—,..Jr R3TH T..w.�l—ml Luiwl of Cxrlllo..A 9P s— ,o 1111 $iJi9'.JFGf LI IuGrNw Cuuulo_il Rm.lsmur.al Vdlcm FJIr. �6� L•_w fi_rve-L_111-nrtW RMH M. PROPER JY CR-1 i--l:u-llw-_A FR Fm�lll.9sla � l H F= uimlW BP B nlO Pr'k ❑� 1,.5]qff 0. nw Zoning Case 0623-02 ' Ron and Vanessa LLC, III & TRR Development, LLC DISTRICT 4 Rezoning for a properties at r� 15821, 15826 S. Padre Island Drive & r � 15822, 15826 Palmira Drive D � From "CR-2/10" to "CR-2/10/PUD" PROPERLY City Council August 8, 2023 Zoning and Land Use Proposed Use: To allow for the development of a townhome community a.0 development with associated, shared amenities. eQ Development Plan (1.08 acres): Proposed to include 1 existing, single-family home and/or a community center, and 8 detached townhomes. R -6 SUBJECT 0 PROPERTY Area Development Plan: o Padre/Mustang Island 0 Future Land Use Map: u ® Medium-Density Residential, Commercial o � Existing Zoning: "CR-2/10" Resort Commercial with the Island Overlay ,fR�Q�F o ® F R Adjacent Land Uses: 0 o A' • North: Commercial and Vacant, Zoned"CR-2/10" N • South: Vacant, Zoned "CR-2/10" 1 East: Park Uses, Zoned"FR" • West: Low-Density Residential, Zoned"RS-6" PUD Development Plan • Background: Staff and the applicant had the opportunity to meet and discuss the unique challenges of the proposed PUD and worked together on proposed revisions. • The subject properties are a total of 1.08 acres in size for a proposed townhouse community with shared amenities. • The existing single-family home will remain with the opportunity to be used as a community center in the future, or potentially replat and add a community center to Lot 1. • The PUD proposes 8 individual, detached townhomes. • Each proposed townhome will have direct access to Palmira Avenue and South Padre Island Drive via a private access easement. Proposed Master Site Plan Mxsre�Site Plv�fog IS RE—DEO N 13 Pi-1 ROXH't =cw. PUD Lot 1 Lot 1 Proposed Use:Existing Single-Family Home and/or a Community Center. Development UDC Requirements Proposed PUD Deviation Standards "CR-2"District Standards Minimum Lot 6,000 sq/ft 2,600 sq/ft YES Area Minimum Lot 50' 30' YES Width — Minimum Building 10' 7" YES Separation Minimum Side 10'Single,20'(Total) 3.5" YES Yard Minimum Rear 10' 0' YES Yard Sidewalks–5'wide sidewalk along Palmira Drive, no sidewalk along South Padre Island Drive Park Road 22 NOTE:Lot 1 shall be allowed to be re-platted without a PUD amendment,to create no more than one additional lot that meets the same requirement as Lots 3 through 10,Block 1,as set forth in this PUD document.Lot 1 shall allow for single-family use and/or a community center.If the land use changes to include a community center, required parking will need to be met.Any change in use,other than what has been specified in this document, may require a PUD amendment. 'Subject to Building Separation Requirements. PUD Lot 2 Lot 2 Proposed Use:Private Access Road and drainage utilities. Retention areas to serve as community amenities and will be landscaped with trees and include seating, barbeque pits, shade structures,decks, porches,swimming pools,gazebos,etc.for the enjoyment and benefit of Flamingo Resort Bungalows, P.U.D.Community. Development UDC Requirements Proposed PUD Deviation Standards "RS-TH"District Standards Private Access Road— Minimum Lot 2,600 sq/ft 9,000 sq/ft, Retention YES Area Pond Areas(combined) —2,325 sq/ft. Minimum Lot 50' None YES Width Minimum 10' 0' YES Street Yard Maximum 45' None YES Building Height Parking 2 0'(N/A) YES Requirement Private access road shall be maintained and have a minimum 20'street section for tenant and emergency vehicle access. Private access road shall have an entrance on South Padre Island Drive(Park Road 22)in addition to a Palmira Avenue entrance and shall be evidenced by a TxDOT permit. The placement of improvements will be within the limits of individual lots and setbacks and outside of easements except for fences,paving,and landscaping. PUD Lots 3-10 Lots 3-10 Proposed Use!Eight(8)One-Unit,Detached Townhomes with garage/storage on the first floor. Development UDC Requirements Proposed PUD Deviation Standards "RS-TH"District Standards Townhomes are defined Description of as two or more attached Townhomes single-family units where Individual,detached YES (Table 4.4.4) the units are lined up in a townhouse units(8) row and have abutting side walls. Minimum Lot 50' 30' YES Width Minimum Yard Street Yard—10' Street Yard—0'(Private Requirements Side Yard—5' Access Easement" YES Side Yard—3.5'* Minimum Building 10' 7'* YES Separation Maximum 45' None YES Building Height Allowed Improvements:Residential structures,support structures including decks,porches, sidewalks,pavement,fencing,and landscaping. Short-Term Rentals:Will be allowed,specific language will be described in the HOA document. Subject to building Separation Requirements Public Notification 28 Notices mailed inside 200' buffer 5 Notice(s) mailed outside 200' buffer r j1 8 15 Notification Area 5 9 17 4 3 14 R -s 10 SV13JECT Opposed: 1 (1 .2%) PROPERTY 1_ Separate Opposed Owners: 1 2 ° 2012o G`R-2 22 D 0 3 24 In Favor: 0 (0.00%) 2e 21 28 23 1 4yFRtq 25 O q�F R 27 "Notified property owner's land in SQF/Total square footage of all property in the notification area = N Percentage of public opposition. Staff Analysis And Recommendation • The proposed PUD meets the applicability criteria and the review criteria for PUDs as defined by the UDC. • The proposed PUD is partly consistent with the Future Land Use map as the subject property has both medium-density residential (-25%) AND commercial (-75%) uses planned. • TRC comments regarding sidewalks along Palmira Avenue have been adequately addressed. • The proposed PUD meets the fundamental review criteria for both the zoning map amendment and the master site plan such as being in conformity with the comprehensive plan, providing cultural or recreational amenities, providing innovative use of land concepts, or a variety of housing types. PLANNING COMMISSION & STAFF RECOMMENDATION (June 14, 2023): Approval of the change of zoning from the "CR-2/10" Resort Commercial 2 District with the Island Overlay to the "CR-2/10/PUD" Resort Commercial District with the Island Overlay and a Planned Unit Development. Future Land Use Map °aqq Medium-Density us✓ecT Residential o PROPERTY [L„� o �u p o O ° Commercial a ° N f T "e. .. t M.,- l � �� SUBJECT PROPERTY 4 Th ,h w a � O� QQ- A�MF CASE: 0623-02 N WE Aerial View s Subject 12 Property 91 SUBJECT\ PROPERTY ■■►1■ City of Esri, HERE LCoh_ LOCATIOisti �yUS Com` H U AGENDA MEMORANDUM 1852 Public Hearing and First Reading for the City Council Meeting of August 22, 2023 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 6302 Old Brownsville Road CAPTION: Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the R-MH Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). SUMMARY The purpose of this item is to rezone the property to allow for the development of a mobile home park. BACKGROUND AND FINDINGS: The subject property is 79.42 acres in size. To the north, uses are vacant and agricultural, zoned "FR" Farm Rural District and "IH" Heavy Industrial District. To the south, uses are vacant, agricultural, residential estate, low-density residential, and commercial, zoned "FR" Farm Rural, "RS-6" Single-Family 6 District, "CG-2" General Commercial District, and "IL" Light Industrial District. To the east, uses are agricultural and zoned "FR" Farm Rural District. To the west, uses are agricultural and low-density residential, zoned "RS-6" Single-Family 6 District. The "R-MH" Manufactured Home District is intended for single-family manufactured home parks and subdivisions. The proposed rezoning is inconsistent with the Future Land Use Map but consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed-18 within 200-foot notification area, 6 outside notification area As of August 18.- In 8.In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.0% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. Vote Results For: 8 Against: 0 Absent: 1 ALTERNATIVES: Denial of the change of zoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0523-01 WinnCo Investments, LLC (District 3). Ordinance rezoning property at or near 6302 Old Brownsville Road from the "FR" Farm Rural District to the "R-MH" Manufactured Home District; Providing for a penalty not to exceed $2,000 and publication (Planning Commission and Staff Recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 79.42 acres out of Tracts 3 and 4, Kelly Margaret, Land Assessors Map 149, as described in Exhibit "A" and shown in Exhibit "B".- From B":From the "FR" Farm Rural District to the "R-MH" Manufactured Home District. The subject property is located at or near 6302 Old Brownsville Road. Exhibit A, a metes and bounds description, and Exhibit "B", an associated map, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES EXHIBIT` Field notes of a 74.942 acre tract,for rezoning purpose only,being out of a 95.361 acre tract described in a deed recorded in Document No.2022054513,Official Records Nucces County, Texas,Said 95.361 acre tract being out of Tracts 3&4 of the"Margaret Kelly Land"as shown on the plat recorded in Volume 8,Page 40,Map Records Nucces County,Texas.Said 74.942 acre tract being more particularly described as follows: COMMENCING at a 5/8"re-bar found in the north right of way of Farm to Market 665(a.k.a. Old Brownsville Road),for the southeast comer of the Michael McDonough 14.89 acre tract described in a deed recorded in Document No.2004027432,Deed Records Nueces County, Texas,and for the southwest corner of said 95.361 acres tract,from WHENCE a bent 5/8"re- bar found in the north right of way of Farm to Market 665,and for the southwest comer of the Dan McDonough 15.62 acre tract described in a deed recorded in Document No.2004027430, Deed Records Nueces County,Texas,bears South 69'12'03"West,at a distance of approximately 430 feet pass the intersection of the north right of way of Farm to Market 665,and the center of Farm to Market 357(a.k.a.Saratoga Boulevard),and in all a total distance of 2,526.28 feet;THENCE with the common line of the north right of way of Farm to Market 665 and said 95.361 acre tract,North 69°05'56"East,a distance of 356.62 feet to a 5/8"re-bar set for an outside comer of said 95.361 acre tract and for the point of curvature of a curve to the left with a radius of 3,731.42 feet,THENCE with the common curve of said 95.361 acre tract and the north right of way of Farm to Market 665 a chord bearing,North 67'16'45"East,a chord distance of 237.27 feet,and a total curve distance of 237.37 feet to a point in the common curve of said 95.361 acre tract and the north right of way of Faun to Market 665,for the southwest comer of this exhibit,and for the POINT of BEGININNG. THENCE North 44157'38"West,a distance of 810.16 feet to-a point in the common line of the Michael McDonough 14.89 acre tract described in a deed recorded in Document No. 2004027432,Deed Records Nueces County,Texas and of said 95.361 acre tract,and for an outside comer of this exhibit. THENCE with the common line of said 14.89 acre tract,said 95.361 acre tract,and this exhibit, North 01'28'48"West,a distance of 102.31 feet to a 518"re-bar set for the northeast corner of said 14,89 acre tract and for a common inside corner of said 95.361 acre tract and this exhibit THENCE with the common line of said 14.89 acre tract,said 95.361 acre tract,and this exhibit, South 88°33'58"West,a distance of 97.09 feet to a point in the common line of said 14.89 acre tract and said 95.361 acre tract,and for an outside comer of this exhibit,from WHENCE a 5/8"re-bar set for the upper southwest comer of said 95.361 acre tract bears,South 88133'58"West,a distance of 1,124.20 feet. THENCE North 44°57'38"West,a distance of 750.84 feet to a point for an outside corner o£this exhibit. THENCE North 44°06'43"West,a distance of 885.34 feet to a point in the common line of said 95.361 acre tract and of the Blue Cactus Properties,LLC 61.35 acre tract described in a deed recorded in Document No.2018047250,Deed Records of Nueces County,Texas,and for an outside corner of this exhibit. THENCE with the common line of said 61.35 acre tract,said 95.361 acre tract,and this exhibit, North 01'06'02"West,a distance of 1,246.81 feet to a 5/8"re-bar set in the south line of the City of Carpus Christi 71.64 acre tract described in added recorded in Document No.2000007660, Deed Records Nueces County,Texas,for the northeast comer of the Katherine Cecelia Demott 91.33 acre tract out of Tracts 3&4,of said"Margaret Kelly Land",and for the common northwest comer of said 95.361 acre tract and this exhibit. THENCE with the common line of said 71.64 acre tract,said 95.361 acre tract,and this exhibit, North 88°33'32"East,a distance of 297.53 feet to a 5/8"re-bar set in the south line of said City of Corpus Christi 71.64 acre tract,for the northwest comer of the Sheila Clare B.Amen 94.65 acre tract described in a deed recorded in Document No.2007050708,Deed Records Nueces County, Texas,and for the common northeast comer of said 95361 acre tract and this exhibit. Page 4 of 6 THENCE.with the common line of said 94.65 acre tract,said 95.361 acre tract,and this exhibit, South 42°27'26"East,a distance of 3,501.64 feet to a 518"re-bar found in the north right of way of Farm to Market 665,for the point of curvature of a curve to the right with a radius of 3,731.42 feet,for the southwest comer of said Amen 94.65 acre tract,and for the common southeast comer of said 95,361 acre tract and this exhibit. THENCE with the common curve to the right of the north right of way of Farm to Market 665,of said 95.361 acre tract,and this exhibit,a chord bearing,South 58°01'53"West,a chord distance of 964.52 feet and a total curve distance of 967.22 feet to the POINT of BEGINNING of this exhibit, and containing 74.942 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. 3.)This exhibit is for rezoning purpose only. I,Ronald E.Brister do hereby certify that this exhibit of the property legally described herein was made on the ground this day September 21,2022 and is correct to the best of my knowledge and belief. Ronal E�PLSN. Date:June 12,2023. OF 71 RONALD E.BRISTER ...:...................:... '•?,� 5407 ?v•Q. Job No.231241-D Page 5 of 6 EXHIBIT B IH SUBJ ECT PROPERTY RS- PR CG°_2 GRID ?9U6 R5-6 CASE: 0523-01 N SUBJECT PROPERTY WITH ZONING ® 5 Subject Property r° A-1 A'arcmant Ho use D. ❑mitl lndusM District A-1A Apartment House Ols[ria I-2 LigMlntlustrial Di strict s` A-2 Aparcment House D-1 I-3 Heavy lndusMal District AD Pmtesslanal On—Disrria PUD Planned Unit Development _ AT Aparcment-Touds[Distria R-1A oneramoyD umgDlsmtt SOBJEG�T at NelgndomooaErcsmessDlstna 1-113One Family DweumgDlsmct PROPERTY arA Nelgndomooa easiness Dyna R-1c one ramliy Dweliing District B-2 Baytmnt easiness Dlstna R-2 Mwfiple Dwelling DDma aan Barna-is�and1usmessDlst, RA On aFamily DweIli ngDlsma B 3 B.1_s D�s<na RE Resmemtal Estate Distna _ E-A cenealE—nessDisn;a R-TH TD—ho,seD—IlingDisnse - E-ePnman,ausnessD�s<na sP Special Permit e 74P nmary B usness care District r-1A Tr—I Trailer Park Dls[da BD com-Christi Beam Design Dlst. T-l Manures, d Hume Pad:District 0ty of - Esri,HERE F-R Fa-RumlDlsana r-ic Manua mored HnmesundlnlslDn Corpus -i LOCATION MAP- Hc Hsmnea�cwmmlTanaman Dana Christi Prese�tron Page 6 of 6 ZONING REPORT Case # 0523-01 Applicant & Subject Property City Council District: 3 Owner: WinnCo Investments LLC. Applicant: American Realty Services, Inc. Address: 6302 Old Brownsville Road, located along the north side of Old Brownsville Road (FM 665) and Saratoga Boulevard (SH 357), west of Joe Mireur Road (FM 763), and east of South Padre Island Drive (SH 358). Legal Description: 79.42 acres out of Tracts 3 and 4, Kelly Margaret, Land Assessors Map 149 Acreage of Subject Property: 79.42 Acres Pre-Submission Meeting: 03/28/2023 Zoning Request From: "FR" Farm Rural District To: "R-MH" Manufactured Home District Purpose of Request: To allow for a Mobile Home Park. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agriculture Light Industrial North "FR" Farm Rural, Vacant, Agriculture Light Industrial IH Heavy Industrial "FR" Farm Rural, "RS-6" Single-Family 6, Vacant, Agriculture, Sin South "C gle- General Residential Estate, Low- Low-Density Residential, Density Residential, Commercial, Light Industrial Commercial "IL" Light Industrial Commercial Medium-Density East "FR" Farm Rural District Agricultural Residential, Commercial Light Industrial West "FR" Farm Rural District, Agricultural, Low-Density Light Industrial "RS-6" Single-Family 5 Residential Zoning Report Page 2 Background: The applicant amended the original rezoning application, removing tracts of land that were not compatible with the Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. AICUZ (Air Installation Compatibility Use Zone): Yes — Clear Zone and Accidental Potential 1 Zone for Corpus Christi International Airport (CCIA). Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Old Street Brownsville Road "A-3" Primary Arterial 6 Lanes, 2 Lanes, Divided 130 feet 50 feet Transit: The Corpus Christi RTA provides service 2.5 miles to the southeast of the subject property via the Ayers 19 route, and to the north of the subject property via Morgan/Port 16 route. Bicycle Mobility Plan: The subject property is more than 2 miles away from any proposed facilities. Utilities Gas: 6" WS line along Old Brownsville Road, HP 16" WS line 875 feet from the western border of the property. Stormwater: Stormwater Ditch along Old Brownsville Road. Wastewater: 4" VCP service line along the eastern side of Old Brownsville Road. Water: 16" ACP line along Old Brownsville Road. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Port/Airport/Violet Area Development Plan (Amended on February 28, 1995). Joint Land Use Study: Identifies goals, policies, and implementation strategies necessary to achieve greater land use compatibility surrounding Navy airports was adopted in 2013. Corpus Christi International Airport Master Plan Update: Establishes a program for the improvement of existing facilities and the development of additional facilities over the next 20 years. Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Zoning Report Page 3 Public Notification Number of Notices Mailed • 18 within a 200-foot notification area • 6 outside 200-foot notification area In Opposition • 0 inside the notification area • 0 inside the notification area • 0 % in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 31 , 2023 (Tabled) Planning Commission Hearing Date: June 28, 2023 City Council 1St Reading/Public Hearing Date: August 22, 2023 City Council 2nd Reading Date: August 29, 2023 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types—rental and ownership and market rate—to meet community needs. ■ Promote orderly development with fairness to all taxpayers and ratepayers while keeping in mind impacts on the affordability of housing. ■ Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. o Future Land Use, Zoning, and Urban Design ■ Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. ■ Encourage orderly growth of residential, commercial, and industrial areas. ■ Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. ■ Avoid development that is incompatible with the operation of military airfields and the airport. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Light Industrial. Zoning Report Page 4 Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map, but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. • The proposed rezoning is consistent with Plan CC regarding future land use and avoidance of incompatible land uses. • The proposed rezoning will provide housing that can meet the diverse needs of the community at all income levels and at all stages of the life cycle. • Maximum density of "R-MH" is 12 dwelling units per acre. The acreage of the proposed rezoning would allow a maximum gross density of 953 units. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff recommends denial of the change of zoning. Staff Recommendation: Approval of the change of zoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. Note: The Navy's Community Planning Liaison and CCIA staff were consulted regarding the potential rezoning and concurred with the staff's recommendation of approval. Attachments: A. Existing Zoning and Notice Area map. ATTACHMENT A: EXISTING ZONING AND NOTICE AREA Zoning Report Page 5 1H 6 5 R 4 SUBJECT PROPERTY s RS- 11 FR3 3 1 CG_Y � y io R S- B�o�N5J1� 9 z RUH CASE: 0523-01 W e. Zoning and notice Area 5. RM-1 Multifamily IL Light Industrial RM.2 Multifam1ly2 IH Heavy Industrial RM-3 Multifamily PUDPlanned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family6 CN-1 Neighborhood Commercial RS-0.5 Single-Family4.5 - CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Res ort Commercial RS-15 Single-Family 15 a ? CR-2 Resort Commercial RE Residential Estate _ [/�, CG-1 General Commercial RS-TH Tovvnhous V`CX7\C� CG-2 General Commercial SP Special Permit CI Intensive Comm cial RV Recreational Vehicle Park SUEJEeT CBD DowrRown Commeraal RMH Manufactured Home PROPERTY CR3 Resort Commercial FR Farm Rural H Historic Overlay siy� BP Buness Park �YW 0 Su,f Property O Owners w,m 200'b ffer m favor 4 owrnin200'rnednn owners City of Esri,HERE anavned ow .Mp lane X ir,opposnlor, Corpus i LOCATION MAP Christi Zoning Case 0523-01 WinnCo Investments, LLC. DISTRICT 3 Rezoning for a property at 6302 Old Brownsville Road From "FR" Farm Rural to "R-MH" Manufactured Home SUBJECT PROPERTY PROPERTY 4.rf +°gSxJ r C t)u� Esn,HERE C. gxis _ LOCATION MAP City Council August 22, 2023 9 Zoning and Land Use Proposed Use: IH Mobile Home Park Area Development Plan: Port/Airport/Violet Future Land Use Map: � �- Light Industrial FR\ >% Existing Zoning: SUBJE= "FR" Farm Rural District PG30O PC�Gt4�l Adjacent Land Uses: North: Vacant and Agricultural, Zoned "FR" and "IH„ South: Vacant,Agricultural, Residential Estate, RS FR Low-Density Residential, and Commercial, a Zoned "FR", "RS-6", "CG-2", "IL" o CG ��,a East:Agricultural, Zoned "FR" C'G ® �� ��Pl�pS RMH ' West:Agricultural and Low-Density Residential, Zoned "FR" and "RS-6" AICUZ AICUZ (Air Installation Compatibility Use Zone / Safety Subzone of Corpus Christi International Airport CZ: Clear Zone • Zone within the Safety Subzone of the AICUZ j • Area immediately beyond the usual runway threshold • Possesses a higher potential for accidents than other areas further away from the runway APZ-1: Accident Potential Zone 1 ©o o • Zone within the Safety Subzone of the AICUZ • Consisting of an area beyond the clear zone • Possesses a measurable potential for accidents relative to the AICUZ clear zone 0 APZ-1 APZ-2: Accident Potential Zone 2 • Zone within the Safety Subzone of the AICUZ 0 APZ-2 °0 \ o� • Consisting of an area beyond the Accidental Potential Zone-1 • Possesses a measurable potential for aircraft accidents relative CZ o ° ��s`Y p��� �c to Accidental Potential Zone 1 or the clear zone. \ 2 Public Notification 18 Notices mailed inside 200' buffer r„ 6 Notice(s) mailed outside 200' buffer F., Notification Area Opposed: 0 (0.00%) Separate Opposed Owners: 0 SUBJECT T PROPERTV In Favor: 0 (0.00%) 8 FR s "Notified property owner's land in SQF/Total square N z footage of all property in the notification area Percentage of public opposition. `esti Staff Analysis And Recommendation • The proposed rezoning is inconsistent with the Future Land Use Map but is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. • The proposed rezoning is consistent with Plan CC regarding future land use and avoidance of incompatible land uses. • The proposed rezoning will provide housing that can meet the diverse needs of the community at all income levels and at all stages of the life cycle. STAFF RECOMMENDATION: Approval of the rezoning from the "FR" Farm Rural District to the "R-MH" Manufactured Home District. z u � /I/UlECT \ - POPERTY CASE: 0523-01 N WE Aerial View s ® Subject Property sua�Eer PROPERTY ■■►1■ City of Esri, HERE Corpus LOCATION MAP _] Christi se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of August 22, 2023 1852 Second Reading for the City Council Meeting of August 29, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 8101 Yorktown Boulevard CAPTION: Zoning Case No. 0623-01, MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). PURPOSE: To allow for a mixed-use development to include retail pads (-9.2 acres), multifamily (-27.3 acres), single-family (-51.5 acres), and a school site (-40 acres). BACKGROUND AND FINDINGS: The City of Corpus Christi, the Corpus Christi Independent School District (CCISD), and MPM Development, LP have come to an agreement to rezone the subject property. A portion of the lot is being developed as a CCISD elementary school. MPM Development, LP will pursue future commercial and residential developments. The subject property includes lots that are vacant, along with agricultural and public semi-public uses zoned "FR" Farm Rural District and "RE" Residential Estate District. The subject property is 261.30 acres in size. To the north, are lots that are vacant, along with agricultural, estate residential, and commercial uses, zoned "CG-2" General Commercial District. To the south and east are conservation/preservation uses. To the south is Oso Creek and to the east property is zoned as "RS-6" Single-Family 6 District. To the west are vacant properties and low-density residential uses, zoned "RS-4.5" Single-Family 4.5 District. The "RS-4.5" Single-Family 4.5 District provides for residential development and redevelopment at a higher density than other zoning districts and has a limited number of public and civic uses including community service uses (subject to limitations), places of worship, and educational facilities. The "CN-1" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services and service-oriented uses, vehicle sales and services, and water-oriented uses. The proposed rezoning is inconsistent with the Future Land Use Map which calls for most of the land to be preserved for environmental reasons as the property lands within the 100-year floodplain. However, the area has been home to a shooting range for past decades. Large portions of the subject property were previously owned by the City of Corpus Christi and were to be home to a proposed wastewater treatment plant. The subject property is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as transitions between land uses and locational needs for public semi-public uses. Public Input Process Number of Notices Mailed: 50 within the 200-foot notification area, and 4 outside the notification area. As of August 18, 2023.- In 023.In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Vote Results For: 7 Against: 0 Absent: 2 ALTERNATIVES: Denial of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0623-01 MPM Development, Corpus Christi Independent School District, and the City of Corpus Christi (District 5). Ordinance rezoning property at or near 8101 Yorktown Boulevard from the "FR" Farm Rural District and the "RE" Residential Estate District to the "RS-4.5 Single- Family 4.5 District, the "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff Recommended approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, is amended by changing the zoning on the subject property being 261.30 acres as described/shown in Exhibit "A", from the "FR" Farm Rural District and the "RE" Residential Estate District: to "RS-4.5" Single-Family 4.5 District for Lots 4, 5, and 6 of the Master Preliminary Plat of Oso Creek Corner Subdivision as shown in Exhibit B and remaining 93.0987 acres out of Lot 3 of the Master Preliminary Plat of Oso Creek Corner Subdivision not rezoned to "CN-1"; to "CN-1" Neighborhood Commercial District for Lot 1 of the Master Preliminary Plat of Oso Creek Corner Subdivision and 37.3523 acres out of lot 3 of the Master Preliminary Plat of Oso Creek Corner Subdivision, as shown in Exhibit C; and to "CG-2" General Commercial District for Lot 2 of the of the Master Preliminary Plat of Oso Creek Corner Subdivision. The subject property is located at or near 8101 Yorktown Boulevard. Exhibit A, which is a Metes and Bounds and an associated map of the entire rezoned property, Exhibit B, which is the approved Master Preliminary Plat of Oso Creek Corner Subdivision, and Exhibit C, which is a Metes and Bounds and associated map of the property rezoned to CN-1, are attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of 12023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 6 EXHIBIT A EXHIBIT A: METES AND BOUNDS Formerly:Jones Carter,Inc. L7\ QUIDDITY 4350 Loc San Selma Rd.,Suite 100 San Antonio,Texas 78249 Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-23290 fax:210.494.5519 www.quiddity.com METES AN D BOUNDS DESCRIPTION OFA 261.3077 ACRES OF LAND A Metes and Bounds description of a 261.3077 acre tract of land situated in the Enriquez Villareal Survey,Abstract Number 1,City of Corpus Christi,Nueces County,Texas;being all of Lot 7,in a deed to MPM Development LP,recorded in Document No.2020056996, Official Records,Nueces County,Texas(O.R.N.C.T.),a portion of Lots 8-10 in a deed to MPM Development LP recorded in Document No.2022035657,O.R.N.C.T.,all of Lots 12-14 described in a deed to MPM Development LP recorded in Document No.2022024772, O.R.N.C.T.,all of a called 14.634 acre tract of land described in a deed to MPM Development LP,recorded in Document No. 2022025556,O.R.N.C.T.,a remaining portion of Lot 11 described in a deed to the City of Corpus Christi,recorded in Volume 2166,Page 458,Official Public Records,Nueces County,Texas(O.P.R.N.C.T.),a portion of a called 19.07 acre tract described as Lot 5,in a deed to the City of Corpus Christi recorded in Volume 2166,Page 458,O.P.R.N.C.T.,a portion of a called 16.68 acre tract of land described as Lot 4 in a deed to the City of Corpus Christi recorded in Volume 2188,Page 326,O.P.R.N.C.T.,a portion of a called 20.21 acre tract of land described as Lot 3 in a deed to the City of Corpus Christi recorded in Volume 2209,Page 294,CI.P.R.N.C.T.,a portion of a called 19.056 acretract described as Lot 2 in a deed to MPM Development LP,recorded in Document No.2022025557,O.R.N.C.T.,a remaining portion of Lot 2 described in a deed to the City of Corpus Christi,recorded in Volume 2163,Page 238,O.P.R.N.C.T.,a called 3.44 acre tract of land described in a deed to MPM Development LP,recorded in Document 2021021982,O.R.N.C.T.and a called 40.136 acretract of land described in a deed tothe Corpus Christi Independent School District recorded in Document No.2022026992, O.R.N.C.T.;and being more particularly described as follows: COMIVIENCING at a 1/2-inch iron rod found atthe northeasterly corner of Starlight Estates unit 1,recorded in Volume b9,Pages 35-36, O.P.R.N.C.T.and the northwesterly corner of said right-of-way for Starry Road; THENCE,North 73°57'08"East,35.33 feet over-and-across said Starry Road,a 40 foot wide right-of-way,to THE POINT OF BEGINNING situated in the southwesterly right-of-way line of Yorktown Boulevard,variable in width; THENCE,along the common line of the southwest right-of-way of Yorktown Boulevard,said Lot 7,and said Lots 8-10,South 61°14'46" East,3115.87 feet to a point for corner; THENCE,departing Yorktown Boulevard,South 28°40'55"West,2.21 feet to a point for corner in the tidal boundary of Oso Creek; THENCE,along the tidal boundary of Oso Creek the following twenty(20)courses and distances: 1. North 78°26'03"West,15.35 feet to a point for corner; 2. South 82°29'26"West,75.66 feet to a point for corner; 3. South 75°31'30"West,127.93 feet to a point for corner; 4. South 41"28'06"West,221.61 feet to a point for corner; 5. South 0345'31"West,107.40 feet to a point for corner; 6. South 10°21'30"West,451.87 feet to a point for corner; 7. South 11°50'06"East,313.31 feet to a point for corner; 8. South 05°31'29"East,140.96 feet to a point for corner; 9. South 05"33'51"West,393.91 teet to a point Tor corner; 10. South 01'54'51"East,522.50 feet to a point for corner; 11. South 14°16'43"East,147.00 feet to a point for corner; 12. South 11°25'01"West,268.39 feet to a point for corner; 13. South 21049'03"West,305.76 feet to a point for corner; 14. South 76"17'16"West,323.49 feet to a point for corner; 15. South 83'36'23"West,354.79 feet to a point for corner; 16. North 80052'05"West,409.89 feet to a point for corner; 17. South 76044'05"West,216.20 feet to a point for corner; 18. North 86022'19"West,663.27 feet to a point for corner; 19. North 87000'14"West,395.14 feet to a point for corner; 20. North 82'43'51"West,124.16 feet to a point for corner in the south line of said Lot 3; THENCE,along the south line of said Lot 2 and Lot 3,North 61018'48"West,1196.80 feet to a point for corner; THENCE,along the common line of a said 19.D56 acre tract,a 11.90 acre tract described in a deed to Corpus Christi Island Apartment Villa Management recorded in Document No.2021021292,O.P.R.N.C.T.,and a 11.00 acre tract of land tract described in a deed to 261.3077 Acres—Yorktown Boundary Exhibit Job No.50870-0123-00—May 10,2023-Page 1 of 2 Page 4 of 6 EXHIBIT A: METES AND BOUNDS Formerly:Jones Carter,Inc. L7\ QUIDDITY 4350 LocSan Selma,Te Suite 100 San Antonio,Texas 78249 Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-2390 Fax:210.494.5519 www.quiddity.com Curpus Christi Island Apai Lrnenl Ville Managernenl recurded in DUCUrnBnl Nu.202102191,O.P.R.N.C.T.,Nur Lh 28°41'12"East,1339.53 feet to a point for corner; THENCE,along the south line of a said 3.44 acre tract,North 61°17'22"West,660.18 feet to a point for corner; THENCE,along the centerline of Starry Road,40'in width,North 28°46'32"East,234.67 feet to a found cotton spindle for corner; THENCE,along the common line of said 3.44 acre tract and a called 2.77 acre tract of land described in a deed to 1B Partners recorded in Document No.2008046694,O.P.R.N.C.T.,South 61°17'22"East,659.87 feet to a point for corner; THENCE,along the common line of said 2.77 acre tract,a called 5.003 acre tract of land described in a warranty deed to Melanie Villarreal Jennings recorded in a Document No.2021028118,O.P.R.N.C.T.,a called 1.140 acre tract of land described in a deed to Lisa Ann Landers,recorded in Document No.2006046653,O.P.R.N.C.T.,a called 1.140 and 6.00 acre tracts of land described in a deed to Corpus Christi Island Apartments Villa Management Group,LLC recorded in Document No.2021027229,O.P.R.N.C.T.and said Lots 12- 14,North 28°41'58"East,1065.09 feet to a found 1/2"iron rod with no cap for corner; TI IENCE,along the common line of said Lot 7 and said 6.00 acre tract,North 61014'55"West,660.11 feet to a point for corner; THENCE,along the southwest line of the Starlight Estates Unit 1,recorded in Volume 69,Pages 35-36,O.P.R.N.C.T.and said Lot 7 North 28°42'01"East,1280.48 feet to the POINT OF BEGINNING,containing 261.3077 acre of land in Nueces County,Texas as shown on drawing filed under Job No.50870-0123-00 in the office of Quiddity Engineering,San Antonio,Texas. Note:This legal description has been prepared for zoning purposes only,this is not to he used for other purposes including land conveyance. The bearings shown hereon are Texas Coordinate System grid,South Zone(NAD'83),as determined by Global Positioning System(GPS). Thr unit of linrar mrasurrmrnt is I I_S_Survey Frrt_ Quiddity Engineering Texas Board of Professional Engineers and Land Surveyors Registration No.F-23290 ( OFTo ........ ...`c'r9� �..:......... ............p Q TROY A. TROBAUGH B ' O..............iZ;............i/ Troy A robaugh l^. 6241 \, Y Registered Professional Land Surveyor#6241 SIO SUR Signature Date: May 10.2023 oyv 261.3077 Acres—Yorktown Boundary Exhibit lob No.50870-0123-00—May 10,2023-Page 2 of 2 Page 5 of 6 00, O X4 'All All Y F Ar Alt -17 Age" jj Page 6 of 6 EXHIBIT B CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY PLANNING COMMISSION DSO CREEK CORNER oT A269.947ACRETRACTOFIAND,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34 AND ALSO ALLOF LOTS 2, s °4 ^a f�' X#q°° mrvTAa.T�y A.T�bn°an,awls 3,4AND5OFSECUONAE FLOUR BLUFF AND ENC NAL FARM J CONDITIONAL APPROVED AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,MAP Y COMMENTS ADDRESSED RECORDS NUECES COUNTY,TEAS,CARPUS CHRISTI,TEXCES OCTOBER 14,2022 DATE OF PRINT.oaoberl3,2022 v#° INDEX MAP SCALE. -400 SIT£ 111 LOCATION OAOP ION C -3 � M o& i L OT 1 _ IILOT2 o� 025 AC 20. ED*AITE*A 872,296 SF 27.889 AC J _ 1,214,846 SF O PICMIE EwEC1111 -{ o 1 LOT9 l ED' aarlACE piREcliorl rA oB f 130.951AC osocREEK ITT T A'Lu,71LF //\\ S,fi8Z.6 SIF o O.P.. a � TA yil� v cv�i��aaaa v��aa= ��m.�i� ��aaaiu�i��aaaiu�i��aaaiu�i RTHE 35 36 aL,„vn THE R T OTALrvUOE D TaEoso E TEs ALAN' EQA nnuAA Docxzo2�azizse PHASE 1 z .PIN..c.T. oaaN (IXPECTEO COMPLEFION _ IRIosrvlA¢e�lc E CR MAY 2023) '_�' ¢rvllsosl wTnrv�RsoaUED, aRrvRE sssirvs EDsav EM 'UIRNVEED IEREF TO OR 'TAT AN CTv Do0XPU57o03P Rg 831 _ uH—N HEREON ARE AVD ee DnouM AsaDETER rvED avrvs 39LOT AC _ 1,735,D46 SF O cRu4TEE.LsO ANN�LANoE69 SHEET9 p Cp A�NTA rv52T2asaACREsoEarvD rvrwD rva RrvCT lw ,n J TE MAP,PANEL TRAIsLOCATED NIONEAE NDI Y,POTENTIAL DI aNANERaow 'r LOTS p,ss PHASE2 ErvALooLA�EAAEAArvD PARK rvEEEp:aALLaE PAID RIonrvTo 15A9078F w�A�P;v�eEc i556 ACPT�i l (IXPECTEO COMPLEFION Try 0, AT EirvAT HEA T. ooFg2oopPo435 gRIB vnF BY MAY 2025) zorvirvO DEVELOPMENTrvn�ry Tn saawRiosnnD mrvr�rvEliozorvirvO DEVEtLoarvlErvTTE f easT ory srt RRDO ED TAND s.W TER,wAs (,}TT' T EmrvTUM VnEary RDIAT scARisr Ao,EEmrvsisr[rvs LOTTDA uirvaErvTTOAry Aaaaov[D aosuREav TnE ary rvsrR LL EACH LOTwi °�° �• .3916 w � � EUin�maTTTOEmRPUscn RisTI °a 30.391 AC I e 1,323,837 SF 1 - - ¢.. LOT PERMANENT ct;[un REry 30.951 AC DOA NDOC1202l10 91 / rvry 5,612,16 SIF _____ TARRVRoLL To DTaECLosURE O.P.R. '� i _______ cic — — ---_ a F N 1.1 GP s PED Ipg Table - _ ( ZODeP0se rvmo zI E 2 Lotl F 1-1 D ItL Lott Farm Rural D's[rR - - mt3 Farm Raral Dlama �� `A' uraT , eo caeeR - Lot4 Farm RD'­1lPO—E ENT Lots Residential Estate Dls[ric[ l D21 l o l0[6 Farm Rural Dls[riR a Proposed zoningCAL .�.. ...,................... °,............,��..........,............,............,............,...........6 Lott Gene2l Commercial -- LFDp Lott General Commercial ° Lot3 Single Femlly Resldentlal g�- Lot4 -g a Femlly Resldentlal Lots Sl ngle Family Residential Loth Single Fami ly Resid-f al Proposed Phasing 5VTRYdry 6A Phase A Atcpated tG- Ant cip =eM pl,tor.Date laid Use '?,d l 1D 736 september7m73 1111]113 ;c/Zs SEE SHEET 13 FOR UNE :c �R 2 166.826 May 207May 2D25 Rs AND CURVE TABLES .� 9�T7 Q�b CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER nea®`L4 k4m:nRa�%°2;°.°s$ :ire®azo CONDITIONAL APPROVED A269.94]ACRETRAC7oFWND,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,13,14,AND 15SECTION 34,AND ALSOALLOF LOTS 2, s °4 ^a 4'aq, mNTAa T�yA T�bn�En RPLs 3,4,AND 50F SECTION 35,FL OUR BLUFF AND ENC NAL FARM sp OCTOBER 74,2022 PND GARDEN TRACTS IN VOLUME"A",PAE41 43,MPP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS a _ — �� � DATE OF PRINT'.ORober13,2022 a#° or Wov -o-p 519 SIT£ e'SCTB =9 — VORKTOWN BLVD c� EE SHEET S SHEET4 SHEETS 1.tt� ,r�` se�sro r CC 1111KRAtIT LO CAAEI0-3000 3 00P E.me a o1s +"�v SHEET7 a SHEETS o v p T15EET j re. T _ s9, / PlCPFSED'T.. eweRI—AIER—El —— ' /J �T, »«>� alasrNmnacE m � S_NSHEET rn SHEET SHEET 13 ElovRRH ECEnoON ELECTRC l IECEIILCITEI HA a� .. UnneeR AeLe Lo — J C. PVI RTHErr reRRu OILU"E v z III =ANO ooaDNA T API C111 D CITE-T E UN ¢M°_ TTA°"oP L DIITANCEIT0 SUR FACE,APPLY THE COM11NED GRID TO SUrACE SCALE F—O ALL DDDDP. / 11 a. eLnATloxssnowN HEREON ARE NAVD ee DATUM,AT OneRnnlNeD 11 IPI — / I sTHEV OR NUIREMENT Al DEPT—D,IS A REQUIREMENT OF THE UNIPED 1 11 o --- i ITRAT DEDICATION. AmNTAINsHANIE nzeseAaesoruND INCUDINe LOSE(-G ,.A�ROINOTOFEn1AFLooDIN:UR CATEMAP,PANEL ae3ACD E AE — m DATED OC,oeER.e CDCC APORTION TRICTRAC,ICLOCAreDINION E AE rl FR(vrl L S_— AN U. FR(GLf 3 J __ B ENAT IONALwL7uNDS INv[NToav,POTENTwLWET wNDs d � LOT/A� AND PARI AEeeHALLIEPAID PRIOR TO — A P 41 aIPOw �— WITHINTHIIPPITITAACONFa REDDREDTOACONenENTTOTHE D 8 IT I uRe ev THe a.v or mRPus CHRIsn. RD m _ mNTINSENT TO AN APPROVED CLOS -— .A P ``N"AN -- o m � — EDRes NDL�P roU��, Nry �m -eP I,L_INCH IRDN PDD�,—=,.PED - � LH.LL��RAN — - DD ---- ANmL„DD a = N o MRN Po ��HLro i TDUND I,�INeA o �Ia TE� EODND 11—L ..ee PLeD��L UL — ��PLM e t m i / 46716 - �� 4s R 7 — OR(RV vw wss wssz 2eV�'se'c > N f "nd -—— .. 12.1.�iX�XXXXXXXX� C vicenttJ „S SEE SHEET 13 FOR LINE .� AND CURVE TABLES .S/.EET2 OF 73 CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER "'°®� '"p°"m"2R°�`5°m'`•�°'®^s mm CONDITIONALAPPROVED A269.947ACRETRACTO ITEND,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,13,14,AND15SECTION34,,ANDALSOPLLOFLOTS2, ^a a#^ S+hglQp mrvTAa.T�y A.T�bn�gn,aPu 3,PAND5OFSECUONAE FLOURBLUFF ANDENC NALFARM n OCTOBER14,2022 AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,MAP W $ RERDNUECEDATEOFPRINNTO-be522022 CORPUS CHRISTI,TEXAS m _ I77,17 R9 Nr or woY ce 9IT£L� pc—6-0155y�9 e20 lYOHES OWN BIT — CT y060i 5s9 —— z 658 SHEET2 SHEETSI.' SHEET4 SHEETS , ^w — G2 LOCASCEFLTION MAP -----ia _ SHEETS SH f 3000 HE a SHEETS 0 0 RJ, SM [Er rl / n ww uT L ry LECEIv o __ aRo...Eo wasTEwATER J s _101E,'TORN sEwER LISHEET0 o ECTRIc f .m ry w pL oaa NAGE oia[cTON KEY MI 12 1ILAILE NEUV Al E EIR—L'EUR�DARTLIELOTTOR'M—TE R RU-11 PROM T 111 PROPERTY 11 T IE 010 E P EAE AN DTIE A EUUD POR TIE 010 IRE El° P1 T IE NN TDA PDT T MA RDry ry ,EI ¢D'paT"Ic°°To"EaaM Eo`Dy MEATEAPPNIENTG"EIAl A�MDODEaETDTUaEATET �EEARD } q1q \ ry":REO rvARE NA°D 11 DATUM,AlDETERMINED"y IPI UIRE ME M 01 T IE NN III ED T aE AE DE A CHAry E l l - - 'I I FR/R5) E LOT2 J DIED WOAR .D PORTION TT"s TPA7p 06• \ F POTENTIAL 1 OTgA�EA EAANDIM"FEET="ALLDEPADPa RTO RA �T 10 EA Foary"°°V`LOPM`D"''TANDARD'EDT?��aM`r`o�.EEArvEo�"EDNIITENTTO - ---- RMANENT DaDEDANDE NUEE PAT PLAT DD�aE TDDE TIE �rvT�rvDErvTT0ANAPPaDDEDaD,DaEPU DyT"EOTyDE�aPDT�a�TTE v - 11 - YIPH aIRU RooGPsPED \ \ \ :°FIEEaNm „ EOUrvD Ea"aE UE ��Ea°�rvEw o� ,sn � 5 61'9 f 117 18 m e»vs w asva LOTA SEE SHEET 13 FOR LINE &LEE73 oFH AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER A269.947ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, CONDITIONAL APPROVED 10,11,12,13,14,AND15SECION34„ANDALSOPLLOFLOTS2, of �#•` $n`�xm mrvTAa.T,�v A.T�na�gn,RPLs COMMENTS ADDRESSED 3,4,AND5OFSECfI0N 35,FLOUR BLUFF AND ENa NAL FARM OCTOBER 14,2022 AND GARDEN TRACTS IN VOLUME"A”,PAGES 41 HE,MAP A RECORDS,NUECEOF TEXAS,CORPUS CHRISTI,TEXAS DATE OFY, DATE PRINT'.ORober13,2022 25 w way SIlP� VORKTOWN BLVD a gym". 5�9 _ Tent `\ o i F B C060'15519. H SH SHEET SHEETS o a ETEC E,l. m`8 cAs Sas--�cns 1 /23a35'(oKRiItU LOCATION oE MAP — — ----- — -- =3000 SH SH S SHEETS EET R P 0101E�oRMwATER „ ExnrvH oAERHEM E DTRIM A Le HSHEET� DRarvACE D�REM,�Ory I � AI TIE AIIIH"TI N, Arv�D-IT El TEll'iIILIIE TIE-1aEorvAREE.R z DE T 'IT II�INVIEI�IPEUTITPIITPNIVIEIETII"NI TIE \V A = UREA1.APLRITIE I1—INEDIIINTOTUREA1EI-E1-11 '- \�� �� \ ALLELVVAT owry vDDDD TDETERM�NEDD�D - V \ - Dry R REREDrvARErvA A ( A a \ „EYEARDREDU�REMENT ATDEP�IED�TAREDD�REMErvTDETHEUrv�HED DPMErvT CODAA�D T TUD,ER TO LRAAIREI1 R AND INI MAD LRArvD P= HED V 11, INIURA T„DETRATEME=DANEL NELDD ry 11E AE 'z \\\V \\ VIl - DPARnEEE ASD TLA DI \ \ \ \\ \T1FR lR) C \ FINAL PLI \ \ \ \\ \\\ \\ \ \ \ 11- TNn�ry Tn sEDPwRiosRRDI nAD coEry HA ME rETDIDNE o zorvirvvo of vELOLPMErvTTE 1 \ \\\\ \ \\ p\\ FE \ 'VEULlPMe\TnEHrvnLPwT iIRE¢UIREDTIAIINsinENTTo THE 12 DER��O \ \ 1( V \ \ \ CONTINIENTTOANAPPROVEDCLOTUR°YT HECITYOECORPUTCHRITTI. \ \ J \ \ ORPI EGERD Ary OP— E"lEl 111—11 \ \ \ RDo7 `°DEH`Rory` 11 --- �D«ErvmL„ V EFA - Fl—E E— �v A .e SEE SHEET 13 FOR LINE u^WE74 OF 13 AND CURVE TABLES ` CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER A269.947ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, CONDITIONAL APPROVED 10,11,12,HSI 14,PND15SECTION34,ANDALSOPLLOFLOTS2, of �#•` $n`�xm IZ'A T,�Y A.T�na�En,RPLI COMMENTS ADDRESSED 3,gANDSOFSECTI0N 35,FLOUR BLUFF AND ENa NAL FARM OCTOBER 14,2022 AN GARDEN TRACTS IN VOLUME"A",PAES41-43,MAP RECORDS,NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS 'a �E DATE OF PRINT'.ORober13,2022 siT£� HEET'H SHEET Al, SHEET 4 SHEET LOCAEION MAP we y 3000 SH ETIg SH T�NEET SHEETS 11D..ED*AITEIATE' n aaocosEo STORM sEwEa 1 MDMIED—El IS—Hf� oECTaIc H HEETL oaa MACE DiaECTON R THE ELQlALIloE 10 UIE A PIA ED1 IH,A NDH.pREmirveoEevIt 1 OCEIIINI THE uREAce, VERT IRIN APPLYTHEICOMIINED IRIN To IURMIT TO FACE STAB EAao — 11ED H—N HEREON ARE NAVD 11 DATUM,Al DETERMINED BY IPI OOD NIURAME RATE MAP \ T DATED 0 0A 2,22,A PORT ON TH,TRA I ACCORD NI TO E NATIONALTLrviINVENTORY, ELADI TO NCTHRLUOMENioRAND ALD PR ry D • ETE FA LPPMrv.nsvwDSRnn�corvMErozorvin�ovAT PM 12 IN— NE mrvnrve rvTETo AN APPROVED aosu REB,CHR Raov of mRPus cn Risno ION\ oRPi crcunL Ary \ aQ T-FEMA TLocoT.vN -- OPNrvc� °oiio a PUBUc BEcoreos NINE"—111x>v T, YIPH mrvEx,reary Noo w c+v suevm NIH S*oFOOND (sEEoonmT sJ \ 11---------- DE---——--Fl—E En 0 N1 �a \ Om CHEEK LOT3 F\R(RS) y eai �d U SEE SHEET 13 FOR LINE 9'ASFT5 OF 13 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER nea®`L4 k4m::aRa�%°2;°.°s$ :ire®azo CONDITIONAL APPROVED A269.94]ACRETRACTOFWND,BEING A PORTION OF LOTS 8,9, oC ENTSADDRESSED 10,11,12,13,14,AND 15SECTION 34,AND ALSOALLOF LOTS 2, 4 s �"�' ^a 4'aq' mNTAa T�yA T�bn�sn RPLs 3, AND 50F SECTION 35,FLOUR BLUE F AND ENC NAL FARM °g/f sp PE OCTOBER 14.2022 AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,MAP „__ RECORDS NUECFS COUNTY TEXAS CORPUS CHRISTI,TEXAS� ..... ....,,o.......... � \ � DATEOFPRINT.O ober13,2022 EET2 SH �II R SHEET =REE,= � I LOCATION SCALE 00P SHEET� sR sREEreMEET ww a.....ED wASTEwATER III n PllCMSE''Toe.SESER EII�IN�O�RRE�ELE�TRI� SHEET 113 -REE, REE 1 w eeDeD=ED WATER oeu NPOE DREC�ON _ V ElElTIAENT J �.� n 1 KEY NWP VV v7 -1 TIII'E EDNAT EDTNEA LEE DTE I RTNE z sTAn - - 3 TEE DEAR�N�T.D�nAN�ES AREATAND POORD�NATETTNowN NREONARE IIC'UIE TO OF DsaRI TEST�ooao�ND AN In A,AITODTEI'o�EI�TA� 'N HEREMNN RE'y Do kza,Doip9a loi ffii o�3 UN T'IF�INIET AR MYI.EIMB TOPDo.o=PROTETTN FA 0 " o �I. LOT4FR NEO NDS REAPS TAA o .R FR(R5f IT HE RE ON ARE NAVD ee CATU M,Al NET ER MIN E D IPI K MAY CHAME THE TITAL PITTED AREA NTA NI UD NI II NT F AITCREERTDDNE,LATE ON DATED PoPORT 0 aA gOD�oD 0NE AE -LENN C-a NATIONAL TLANDT INVENTORY, DT DOCC, I �.. LOTIACP, NDPAR I DE PAID PRIOR TO REC AT 0,¢4ANL UTILITY AND TEMPORARY R.0 w.EASEMENTI DEN—ED—EPARAT O? 'TRUMENT'HALL III o= RD11-a33r:HEFNAOPLATN E-AND�A`LEDREDTO`ACON°°:ENTTOTHE �2 EOE INS ITI e I CONTINNENTTOANAPPROVED RLDTUR°YT HEITANCARDI a:YDECORPUTCHRITTI D �aP,E^ENRANT I — Nry YRNOT OMN" ---E� RDDMN"AOPEN 'IX TO CR �SA4RY43 -- - �� � ✓ LOTS v �a I RS�^ RE(RS) �n Iry Nb mraa IIAD NELEzsEo � A LOT I �s coee NIS �l PaRTnnDD cEMEN o s SEE SHEET 13 FOR LINE &,EET6 OF 13 AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER ^=a®� m%�^m^�*6��a�`•��®^s CONDITIONALAPPROVED SA269.947ACRE TEAS OF HADD,BEINGA PORTION OF LOTS 8,9, RES ..usn,Paass C ADDE UIN IVTYVOLUME CO D XAS, OCTOBER 2022 10,11,12,13,14,AN GARDEN COD15SESION34„ANDALSOPLLOFLOTS2, 3 IIN S,LUTECES s s ........................ ...... ......... ......... .......................... m — , I FF AND ENCI NALFPRM ”'PA6ES 41-93,MAP RPUS CHRISTI,TEXAS P DATE OF PRINT'.O-b—S 2022 9I LOCATION MAP — Fz s.E-.7--� SHEETS scnLei=3000 — SHEETSsR sREETe SHEETS 0 EETT I C_ 11D..ED WAITEIATE' 10 El oWTL iacmEW ✓ / SHEET LI SHEET 11 NncEoEREETi Dau oN K E clEEl EIFT lL omen T iAusFr III '�ITEI�ITEII'TIE-11 —1111AD TIE III IIEEI '11M—1EIIAHIN—E LOT4 l 11 N o�o:ND'1'1'o Vii' E IN I, NET EM 11 NITIME1 TI uarncE nE EN TIE mmeirvEooauo TO IPTIT"TINVE Es—Ernao } ILL EVIL'INN I11—NreEreElN11ENIVD11DITUM11DETEIMINEDlYI — ` ._ �meYnrerereeaDreeMeN. HereSnreEaDIEMENTOFmEU�FED _ \ - reEVeLOPMeNT11DEIND�SSUll—TOmn �NIMnYmnN� ED 1 ONTnNS2,�ree6n�eS0.aNre N�reNI ° / DITED0C,0—AR 1.21211PORTIONT111HP 11L—TEDINIONe IE reNnrenN RITE MIP, e,res. RATO%WAONOFmEF°NTAn�EAIEANDIMAElIALLIEPAID re RTO w�'TMM.I`Frew•°°�AP�oENF�"MTOIONiNOIDEEElo`PMEN..E Dre 33rm SreE_REre.oreE�NIITENTToTIE 411 1 �= anEAND THE CLO'U �J o. E..onNnPPaO PROVED O�PM E= oU,Y 01 PU=Crea r LEGaQ lEl 11 �R FOOND _ �reary reao�ss5�ca III- FIEE i _eRE---------- AI 40(ROW)Al O BE o s - s �orz —«..�.�.�.�..«..�.�.�...,............, .......«..........,«..........,,l........«..�.�.�..., SEE SHEET 13 FOR LINE 6��7 OF AND CURVE TABLES CIVIL ENGINEER&IAND SURVEYOR CONDITIONALLY APPROVED MASTER PRELIMINARY PLAT OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER A269.947ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, CONDITIONAL APPROVED 10,11,12,13,14,AND15SECION34,,ANDALSOPLLOFLOTS2, COMMEN FES m p a, V -tee \ r ^✓/, / ADDRESSED 3, OF SECTON 35FLOUR UFF AN4LFARM IIN OCTOBER ODAIN VGLWME,A,PGES41MAP ECS,UTECESCOIJNTYTEXAS, CHRISTI,TEXAS DATE OF PRINT'.OC[Ober 13,2022 eY1eL� r oFsR s SHEET SHEET LOCATION MAPSCEFL 3000 R ' %E / I - J SHEET e SHEET7 SHEETS SHEETS L000PLanr 4 EWER `\ of \l\\ 1 v REEri REEri uT L ry LECEIv D _ 0 aRoaasEo WASTEWATER E PRocosER STORM s w MDMIEF WATER r ` SHEET o � s_ L sRE s a � ECTRIc I o. FT \ 1 DEEP_DIRE,ION � / v LOT3'S OF � �I V ITIE0101REE1 TIE TIE-Al EL�IAREE PER TIE EEAoosouTn zo 7AINDHTEPREMNNAEREIv rv[oEev Z l�HNVIEI�OPEUTITPOICTOPNRVOECRETIIRNI THE THE COMINED IRIN TO S ora �� HEREONEARE NAOD DD DATUM,Al DETERMINED 11 IPI FR(R5f \ \ \ T PPL- UEACE I—E F—O pQ \ '\ a ANTAN2OTzD�AACaETDEaND NaE„DIN D Ea�op RATE aPANEL NATIONAL oAw. D= AND IRKAETTHALLDEPADPaORTO OR oiw.EA / g AD,ICRcji�`\0 1THR DIIUDCEN TTL N-E'E1PHEFIN-PTATCO NI°REDUIREDT0ACONTIITE MT0T x.45-w a 3= PERITACONTINNR—TOTHECITTTOAN 01CORPU vCHREITTvoEmaausc RE I �6'— - r µ oaR�� DEED�PDDDC RE�HD=NUE �D T. M � YIPH N�aE�aD=NDE�E�U�. _-- -- R;HDN N°°Do SPED v ----- IIEE NmE yrs o i v FR(RS) CAR F4(ROW)PUBLIC TO BE ----------- -- ---- — \--u----------------- 4 ------------ ---_ —C --------------- — ------ — — "s SEE SHEET 13 FOR LINE �B X23 AND CURVE TABLES CIVIL ENGINEER&—SURVEYOR MASTER PRELIMINARY PLAT CONDITIONALLYAPPROVED OCTOBER 05,2022 OF L� QUIDDITY 5 ALE I -,00 PLANNING COMMISSION DSO CREEK CORNER nea®`L4 ki°:ire®� CONDITIONALAPPROVED A269.947ACRETRACTO ITEND,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,HE,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS 2, IINn�sn, u D 5 OF SECTION 35,FLOUR BLUFF AND ENC NAL FARM s a d rk v.PERP '" �'� OCTOBER 14.2022 3,PAD AND GARDEN TRACTS I N VOLUME"A",PACES 4193 NIAP RECORDS NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS DATE OF PRINT'.ORober13,2022 SIT£ LOCATION MAP os _ _ SCEFL 3000( SHEET SR Ere SHEDS swE I unury LFCEND _ � EWER i- OB �y DRENACE DiREcnoN ECTRIc REEr.0 REEri REEri KEY �e � � eEry ERAL rvoTEs c� z ... L.T OTAE rvumeEROreuuoneEEEOTrc LOT3 z TnE RECEIvl rvcwnTea ro AQUA sCLRrvl wATERRurvoAL PROM ELU'llE PROPERTY w FR/RS) \ 'RE EQu iICEDA SOE POR THE — D PATEo'eTI AI DETERnn rvEDEIY 'P-1 COORD NATE LOIA w IDD,winwsI N PosT ToC0Paoc[sslrvD.Tn[ y OFLA'N'C'E'I'TO . NRIACE,APPLY THE COMIINED CRIDTOtUrncE—LEC—O H—N HEREON ARE NAVD 11 DATUM,Al DETERMINED eY I 0"��VAT ON UDINI J7 ACCORD N�TO AILOODD PNIURA ERTEM a-=4 rvttzorvE ADATED 0 0AE H ETEArvND IRKAEs POTENTIAL­TLANDI TERI ACCORD NI TO THE LOTR wu sIE PAIDRIRTO AND LAARD ON THE ONAL PLAT LOPMENT WTwDC4IACHLOTTHNTH'I:IT PATcEOATrRREDDREDTO ION TDDEcDNTTTENTTOTHE \ mrvTlrvcErvT TO Ary APPRovrD aosu RE ev TnE aTY or COR Pus wRlsTl. o \ ' oRPLIMERD nry RCR CRury lEl rvry 11\ IEE \ _ xco(o oa(DwPc+vS'uevm \ AIN FEMA FLOODPL / \ 40((ROW)PUBLIC TO ——————————— —— tib\ $ ROAD EAS DDE Q`A050(REEP \\ .............................................................................................................................................................................................................................................................(... -"fid SEE SHEET 13 FOR LINE fi7B X73 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY DD PLANNING COMMISSION DSO CREEK CORNER nea®`L4 k4m:e aN%°Cdr.°�`5a�°:ire®� CONDITIONAL APPROVED A269.94]AIX2ETRACTO ITEDS,BEING A PORTION OF LOTS 8,9, on snP�Pss COMMEN TS ADDRESSED 1111 12,HSI �DCARDENSTACTESOF OIOT3E tA, ALSOPLLOFLOTs 2, A 14 PRIN a A, UFF ANDENC NALFERM PUSESMAP RECORDS,NU T b—S 22022 CHRISTI,TEXAS DUE CE COUN Y TEXAS DFET FET�' 5H SHEET4 SHEETS w -A LOCATION MAP cnLE.i=3000 I` ,/m o s SHEET SH / 4MEEre SHEETS eA UT L ry LECEN D _ wEwEa W11 HEET.0 HEETi HEEri EXISTING OVERHEPD ELECTFIC APA Er FR RRS) DRUN_Di_E A.N o ;o Es 2 U aPHE RU N011 CL IE UIsP oTEETv ER_T TCE Ass T010 CRE El Al;,IECOEPol=AN D-ITR THE A¢UATiCU ALL w REMI RO,JJ Al'CONT—RECaEAT ION'IE U I HE N HE �m %'vuetFC,ioYY/ 11 uaEACE AaaLvaTnE mrvieirvOO Maio Tosua ACESCa�EAao W o� oFLNE INnD'eEL AS DETEarviiNEDEev ' a.AUELEVATiorvs IH—N HEaEONAaE NAVD II DATUM,ASPDETERMINE, } �C42 ofON M NUTAIEN�TO ;2D2;OA INIUPORTRANCE RTEMAiP,PANEL rvttzoNE AE 11 11 AC' TLANDI 5 TCA ED)D ENATIONAL NT EC AT 0, oT/Aca FAME AND aAaErcMEEPs snAssEe ETPAID aEaioa To p aCg2IOCE021292A E LOT 3 os IU DCACCI*HEDEFNAL ELOI iI R—IaED Trvo IE CONIIITE NT To THE FR(RS) 1 coNTN IR ERN ANAaPRE VEDCLosuaE eYT IT Aof Co a PUSCH RE I. o 1 oaal EGaQ Ary IT YIPH-- --r -2HR-ry reoo rv'—suev[D —_-- - reo/sEEUDnms sJ EourvD z QIH TPr EourvD pr rvuL oUE-_---_ DE-- -- Fl-E E-0 L 4�L�ry care w�z�ss FEMA FLOooPLo,N\\ Y ES(CALLED) _ APA D� ILLA021 D55GEME� SEE SHEET 13 FOR LINE FihE�7X7 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER "'°®� '°"m"2X°e�`5°m'`•�°'®^s mm CONDITIONAL APPROVED A269.947 ACRE TRACT OF HATD,BEI NG A PORTI ON OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS 2, °wA a�vaIIN ADDRESSED 3,gADID SOFSECTI0N 35,FLOUR BLUFF AND ENa NAL FARM $ axshPa COMMENTS PLs .. OCTOBER 14.2022 AND GARDEN TRACTS IN VOLUME"A",PAGES41-43,NIAP "M, RECORDS,NUECES COUNTY,TEXAS,CORPUS CHRISTI,TEXAS DATE OF PRINT'.O-b-3,2022 TE - P FSHEET2 SHEET 3 SHEETSHEETS 0 LOCATION MAP --- r scnLE.i"=3000' �� �� _✓Y \ SHEET SHEET �*EET. SHEETS ED*AITEIATE' W"MDMIED—El _101E, SHEET III SHEET HEETL s EWER FR[RS) o iECTFIC oau NPGE oIRECTON eE 11 TIE 010 POR THE AINI / / R0 MI6R0 as EEE IA soei��zory�IA¢oIe3reL so�.eaam rveoEev z POIT THE To NRIACE,APPAR LY THE 10-INED earn TO suaULNOTIA vACE I—E F—O } 1 �8' [oT3 l FR(RS) nowry nEaEory ARE rvnvD ee DATum,AS DEr Eamlry ED et/G 5 T HE NN ED NT I 01 INILUDINI A'Ll0RNHl TO AMA m INIURAPORTIOME TH RATE MAP,PANEL 1115DATED WOAR�1,21215115111,AE ANDI oTgAca EAOE AND PAaI A110RD NI TO THE NATIONAL­TLANDI EnM[PavPnAaaEe ETPALo PRIOR To 11 ALL UTILITY AND TEMPORARY R 0 W EAIEMENTIDEDIIIEDIYIEPA RATE N EN T'HALL A REI ORDED AND PL T A'ITHR TOM A3E THE HrvALPUT II REQUIRED TO A mrvsrrENT TO THE INIM ETD 1 FEMA F-11LAIN 11 mrvTlrvS NTETO AN APPROVED CLOtUE et/THE OTv of maPut walsTI O / oaPLEGaQ Ary YIPH-- -- rvcR - 'reUry reoo ry at/suet/o NIH FOOND ---------- xwaFIEEUOnmz z) 11 Fl—E 1 6 1 � x e E rJ __ __ _ vrv>e ee wzvssz vcazzn w�nrs 110 CREEP SEE SHEET 13 FOR LINE 67D X19 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER CONDITIONAL APPROVED A269.947ACRETRAC7o ITENS,BEING A PORTION OF LOTS 8,9, 10,11,12,13,14,AND 15 SECTION 34,AND ALSO ALL OF LOTS 2, oeaugFPp Pss / OCTOBER 14.2022 RECORDS,NUECEDAOEUN PRINT AOc �./ o by COMMENTS ADDRESS ED 3,BAND 5OF SECTION 35,FLOUR BLUFFAND ENC NALFARM GARDEN TRACTS,IN VOLUME"A"PAES41-43,NIAP s CORPUS CHRISTI,TEXAS [ober13,2022 WT6 �� [SHEET1 SHEET 3i�FR RRRS {, 1} / SHEET SHEETS mw LOCATION MAP —— ecnLei"=3oo0' �—' � y � y \ SHEET EHEETB SHEETS n tOT3 C 1 MI ROA" -/ FR RRV p 11D ED*AITEIA E p WEWERMDMIED-El �UYLCR El IT NI ASEIH Dau N_DiaECTON ECTRIc HEET YO HEETlISHEI. KEY 010 IRAI Al'EIIEPTIONAL'AND-ITER EL�'ALUIOE POR TIE UIE - EM TARICOoa DiNATE-Tsm RaID''OD nzo TI E'LAIMCER'EEAKRAl"ON—ENlq¢Di eTRlco'DHTsaa O rvADsev —— "-NEMA FLDDDPLAN E E°DT KaA A oKaoA°DT°'ATaoE:E`aM EEeAE DD PI �NTPI—D,,IARE—EREMENT TOEaN1THE NN�ND IPED ELHVT DIED WOAR 1APORTION.H°.TP-11L TEoNTIONE°AE DNA lEANDIRKNAElIALLBNEPADPRIaro jTC0A RAT E =ARDwEEULOCI3e3r:TANIDNA<<<°A°R-IEDTOAECON1lY 1TENTTOTHE PM ' 12A aCONOCOaPUTCHa�TTI p,' LEGaQ E"lEl 110-11 Oso AREEk _NE„A= - D ry Go s o Ea Ro RDD a�PIN .O.DwNoD T.NUE «E 11------ Nm SEE SHEET 13 FOR LINE�S3 AND CURVE TABLES CIVIL ENGINEER&—D SURVEYORMASTER PRELIMINARY PLAT CONDITIONALLY APPROVED OCTOBER 05,2022 OF L� QUIDDITY oo PLANNING COMMISSION DSO CREEK CORNER "'°®� '"p°"m"2R°e�`5°m'`•�°'®^s mm CONDITIONALAPPROVED A269.94]ACRETRACTOFUllVD,BEING A PORTION OF LOTS 8,9, COMMENTS ADDRESSED 10,11,12,13,14,PND15SECION34,ANDALSOPLLOFLOTS2, s a m V .............usn,Paais......................,............. ........... ........... ........... 3RECORD,OUSE ACTS IN VOLUME a M, BLUFF ANDENCNALFARM OCTOBER 94,2022 AND GARDEN TRACTS, ME"A",PAGES41-43,MAP s _ RECORDS,NUECFS COUNTY,TEXAS,CORPUS CHRISTI,TEXAS m u u DATE OF PRINT'.ORob—S 2022 SH III SHEET SHEET ETa �I LOCASCEFLTION sH a [oT3 SHEETe SHEET FR(RS)11D..ED*AITEIATE' C ss PROPOSED STORM SEWER MDMIED—El / HE HEETl ovT LECTFIC oau NPGE DiRECTON 1 /V" ' FEMA H0111,11 P / NEY 5979 �� 1ENEL EK L U' CREa ERTY ITHE 0'0THE UE AAl'ONT—aECRAHON-UIE Lso ao,so�T OzoORN rvErvlrvEAD'eC1 DETEaNt rvEDEev LL Ervi IIPtIwPH rvItoPUI POST PaoCEIIINI THE y NN T 01 CMIINED OF FACE OR unowry nEaEory Aa ONAVD ee DATUM,rvT AsaDETEa MIN IPI DEVELOPMENT REMENTDA'IDIEUPI AITHEIONINI MAY CODE A IT CHAN 11 n am sm ess�e nmcsz �v sss a sze�osw ns sTaEEr DEDCATorv. Ac REI of LAND rvCworvs G ACCORDINI TO AMA ILOOD INIURAME RATE MAP,PANEL 111-15111, DA 1 I ACCORDIN I TO THENATIONAL w TLANDs INVENTORY,POTENTIAL­TurvDI 'ETRON AIT-AT I ER 0Tg R AND IRK AEs swLL IE PAD PRIORE TO HE, PLAT RECORDATION 0"T �l ALL UTILITY AN D ENT ARY osVEULOCI 3NITILaHEDEirvA'LOl iI REEQUIREDTrvo A DEV LrvoLPME MT0 THE PM 1 mrvTirvsErvT TID 0 AN APPRE ov[D CH)looURRpL v T IT aTv of maPus CURIIH ON l 11 LEGaQ - -- rvry mEl CM Nrvore1-1—lED __________ xwa(sEE NmL z) 1 1II 11 .SFE1713 OF 13 EXHIBIT C Formerly:Jones Carter,Inc. QUIDDITY 4350 LocSan Selma,Te Suite 100 San Antonio,Texas 78249 Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-23290 Fax:210.494.5519 www.quiddity.com METES AND BOUNDS DESCRIPTION OF A 37.3523 ACRES OF LAND A Metes and Bounds description of a 37.3523 acre tract of land situated in the Enriquez Villareal Survey,Abstract Number 1,City of Corpus Christi,Nueces County,Texas;being a portion of Lots 8-10 in a deed to MPM Development LP recorded in Document No. 2022035657,O.R.N.C.T.,a portion of Lots 12-14 described in a deed to MPM Development LP recorded in Document No.2022024772, O.R.N.C.T.,a portion of a called 14.634 acre tract of land described in a deed to MPM Development LP,recorded in Document No. 2022025556,O.R.N.C.T.and a remaining portion of Lot 11 described in a deed to the City of Corpus Christi,recorded in Volume 2166, Page 458,Official Public Records,Nueces County,Texas(O.P.R.N.C.T.);and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found at the northeasterly corner of Starlight Estates Unit 1,recorded in Volume 69,Pages 35-36, O.P.R.N.C.T.and the northwesterly corner of the right-of-way for Starry Road; THENCE,North 89°47'13"East,51.65 feet over-and-across said Starry Road,a 40 foot wide right-of-way,to a point situated in the southwesterly right-of-way line of Yorktown Boulevard,variable in width; THENCE,along the common line of the southwest right-of-way of Yorktown Boulevard,said Lot 7,and said Lots 8-10,the following two (2)courses and distances: 1. South 61°14'46"East,1880.39 feet to THE POINT OF BEGINNING; 2. South 61°14'46"East,1215.58 feet to a point for corner at the tidal boundary of Oso Creek; THENCE,departing Yorktown Boulevard,South 28°40'55"West,2.21 feet to a point for corner in the tidal boundary of Oso Creek; THENCE,along the tidal boundary of Oso Creek the following eight(8)courses and distances: 1. North 78°26'03"West,15.35 feet to a point for corner; 2. South 82°29'26"West,75.66 feet to a point for corner; 3. South 75°31'30"West,127.93 feet to a point for corner; 4. South 41°28'06"West,221.61 feet to a point for corner; 5. South 03°45'31"West,107.40 feet to a point for corner; 6. South 10°21'30"West,451.87 feet to a point for corner; 7. South 11°50'06"East,313.31 feet to a point for corner; 8. South 05°31'29"East,80.06 feet to a point for corner; THENCE,over-and-across said Lot 11,said 14.634 acre tract and said Lots 12-14,North 83°19'58"West,1156.42 feet to a point of curvature; THENCE,along a proposed easterly right-of-way of Osito Way(60'wide)of Oso Creek Corner Phase 1(plat pending)the following five (5)courses and distances: 1. Along the arc of a curve to the left having a radius of 2060.01 feet,a central angle of 11°15'26",a long chord bearing of North 01°31'22" East,404.10 feet,and a total arc length of 404.75 feet,to a point of reverse curvature; 2. Along the arc of a reverse curve to the right having a radius of 1240.09 feet,a central angle of 32°51'24",a long chord bearing of North 12°19'32"East,701.43 feet,and a total arc length of 711.14 feet,to a point of tangency; 3. North 28°45'14" East,543.21 feet to a point of curvature; 4. Along the arc of a tangent curve to the right having a radius of 20.00 feet,a central angle of 90°00'00",a long chord bearing of North 73°45'14"East,28.28 feet,and a total arc length of 31.42 feet,to a point of tangency; 5. North 28°45'14" East,25.00 feet to the POINT OF BEGINNING,containing 37.3523 acre of land in Nueces County,Texas as shown on drawing filed under Job No.S0870-0123-00 in the office of Quiddity Engineering,San Antonio,Texas. 37.3523 Acres-Yorktown Zoning Exhibit Job No.S0870-0123-00-July 7,2023-Page 1 of 2 Formerly:Jones Carter,Inc. QUIDDITY 4350 Lockhill-Selma Rd.,Suite 100 San Antonio,Texas 78249 !!! Tel:210.494.5511 Texas Board of Professional Engineers and Land Surveyors Reg.No.F-23290 Fax:210.494.5519 www.quiddity.com Note:This legal description has been prepared for zoning purposes only,this is not to be used for other purposes including land conveyance. The bearings shown hereon are Texas Coordinate System grid,South Zone(NAD'83),as determined by Global Positioning System(GPS). The unit of linear measurement is U.S.Survey Feet. Quiddity Engineering Texas Board of Professional Engineers and Land Surveyors Registration No.F-23290 a OF ao ...........................o...� TROY A. TR EAU ...........................6241 GH...�A Troy A robaugh . Q< 6241 Registered Professional Land Surveyor#6241 9Q� o.•..Ess+a,. SUR�a Signature Date: July 7,2023 �l�jpv 37.3523 Acres—Yorktown Zoning Exhibit Job No.50870-0123-00—July 7,2023-Page 2 of 2 EXHIBIT C \, THISIS NOT A LAND TITLE A SURVEY. THIS Z N EXHIBIT PREPARED FOR ZONING PURPOSES ONLY. °°N.°oz1°ss9°. eye \ \ 0 N. o° LP 00o ryo ionsM —0—NI ore 37.3523 ACRES r i ZONING EXHIBIT / ooc N.zaezozanz aa./ BEING 37.3523 ACRES OUT OF THE Pc. ...R EN RIQU EZ VI OF COR US SURVEY, A-1 CITV OF CORPUS CHRISTI \ NUECES COUNTV,TEXAS AGE 2023 �- PAGE 1 OF 1 / ooc N.QOI n ss'T.Ll -v �� QUIDDITY ZONING REPORT Case # 0623-01 Applicant & Subject Property City Council District: 5 Owner: MPM Development, LP, Corpus Christi Independent School District, and the City of Corpus Christi. Applicant: MPM Development, LP. Address: 8101 Yorktown, located along the south side of Yorktown Boulevard and the east side of Starry Road. Legal Description: See Metes and Bounds (Attachment B). Acreage of Subject Property: 261.30 acres. Pre-Submission Meeting: February 24, 2023. Zoning Request From: "FR" Farm Rural District, "RE" Residential Estate District. To: "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Purpose of Request: To allow for a mixed-use development to include retail pads (-9.2 acres), multifamily (-27.3 acres), single-family (-51.5 acres), and a school site (-40 acres). Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "FR" Farm Rural "RE" Vacant Agriculture Public Flood Plain Conservation, Site Residential Estate Semi-Public Medium-Density Residential "CG-2" General Vacant Agriculture Estate Flood Plain Conservation, North Commercial Residential, Commercial Medium-Density Residential, Commercial South Conservation/Preservation, Flood Plain Conservation "RS-6" Single-Family 6 Water East (Oso Creek) Water Vacant Low-Density Flood Plain Conservation, West "RS-4.5" Single-Family 4.5 Residential Medium-Density Residential Plat Status: Not platted. An Application for Land Subdivision has been received by Development Services and is in the process of revisions. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Yorktown Street Boulevard "A3" Primary -Arterial 6 Lanes, 2 Lanes, Dived 130 feet 40 feet Zoning Report Page 2 Bond 2020 —Yorktown Boulevard (Project No. 21066): Street reconstruction from Rodd Field Road to Oso Creek Bridge. The anticipated construction start date is June of 2023 with anticipated completion by July 2026 and a total project value of $21.76 Million. The street section is to include 130' ROW, four (4) 12' lanes with a 16' median. Additionally, both sides of the road street section include 5' sidewalks, a 6' Cycle track, and a 6' grass buffer. Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: A One-Way Cycle track is proposed on both sides of Yorktown Boulevard parallel to the entire subject property. Utilities Gas: A High Pressure 8" WS line along Yorktown Boulevard. Stormwater: None. Wastewater: A 12" PVC line along Starry Road. Water: A 43" SP line along Yorktown Boulevard. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: Proposed 12-inch water lines (See Attachment D) Plan: Proposed 10" PVC lines (See Attachment D) Stormwater Master Plan: None. Public Notification Number of Notices Mailed . 50 within a 200-foot notification area • 4 outside 200-foot notification area In Opposition . 0 inside the notification area • 0 inside the notification area • 0% in opposition within the 200-foot notification area (0 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: June 14, 2023 City Council 1St Reading/Public Hearing Date: August 22, 2023 City Council 2nd Reading Date: August 29, 2023 Zoning Report Page 3 Background: The City of Corpus Christi, the Corpus Christi Independent School District (CCISD), and MPM Development have come to an agreement to rezone the subject property. A portion of the lot is being developed as a CCISD elementary school. MPM Development will pursue future commercial and residential developments. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Housing and Neighborhoods ■ Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. o Zoning, Land Use, and Urban Design ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Flood Plain Conservation, Medium-Density Residential. • Area Development Plan (Southside): The proposed rezoning is consistent with the following: o Policy Initiatives: ■ Promote land development that enhances the character and opportunities in the Southside. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is inconsistent with the Future Land Use Map which calls for most of the land to be preserved for environmental reasons as the property lands within the 100-year flood plain. However, the area has been home to a shooting range for past decades. Large portions of the subject property are owned by the City of Corpus Christi and were to be home to a proposed wastewater treatment plant. • The subject property is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as transitions between land uses and locational needs for public semi-public uses. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Zoning Report Page 4 Comprehensive Plan consistency, and considering public input, staff recommends approval of the change of zoning. Planning Commission and Staff Recommendation (June 14, 2023): Approval of the change of zoning from the "F" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. Attachments: A. Zoning and Notice Area Map B. Metes and Bounds C. Site Map Zoning Report Page 5 ATTACHMENT A: ZONING AND NOTICE AREA R h+fi `a2 G G. 2 RS -6 C %t 7 RS-4. 5 ' ■� III ■I SilSJECT ■ I �Y, 10 'ROPER,' ■■ I ■ RS- 6 �F I IIS III ■■■ ■■ � 15 I /■ �I I j '"" /■ ■ ■� III ■ ■■■■ ■■ ,. I` �!� ■ ■ I r r RS - 6 ■I ■ I 1 CASE: 0623-01 Zoning and notice Area #�17 RUA WuXll IN 1 _wl:':I„Ju Klm RM-2 V.Mm R+3 IH Hrry 4'r}ayrW RW-0 WnlWndlp7 PLU IPwnddtml[DV ChrNy .. ON Pyufwskwry CyRkr MAO 5WgW-F"y 10 RUAT WWdl"Mf AT R34 96.�F-WIrd 0141 N"ftlxwwl C4Iiy/nY�9Y R34i SftkFr ly1.5 0143 IIYyy`tafh-dCtwrrw�tlY RS-TF TwaFWNy CR-1 R—tCrt � REA5 SWglW F"y 11 CA-1 Rwue C.omrrrW RERaYdy 6yoW C6-1 CirIrlY Coriwr.^JY ggll{ Tc:arh wra 02-2 G—d CrrM iw 9? Sa l l F*rAH GI InrrW r C�fmfdw ft Rr—dtl W OMW*Perk CRU P_�R'IX+M5 Q&hU 'tW RWH MMaNcarW Hw FR HFwAyywlc k0, _ H CMrifry BP &. 1 6 Prk �sWwy r+n�*r !sew, urs]IOPb�s'hr a Wxa.• Cit* of Esiri.HER._ + w.»w v.•..�rea Wnr /4� mw. coypu% VacAPO d4fAP Chf➢_sd Zoning Report Page 6 ATTACHMENT B: METES & BOUNDS x VR� - Lj , M z 4v 16 All 'All s,7 ,'j%T 44 0/1 zy 40 51 A �k�m Zoning Report Page 7 ATTACHMENT C: SITE MAP (1 OF 2) LEGEND ° a.r..rrwwow Ewee---- T-7 - oM was _ it S [tEFAJAICI'-05 1l PS95 �I, SINGLE FMAILY 5' us v e ,j 31NGLEF ILY a. SNGLEFAM Y45 I �wa o nl°e,a &vng Zone L°I� IFarm Irural o.:I�a LPI z 'Farm Rural wawa IFarm P°ral oEmn i,s '.¢enaem�s a:woe olmltt m,5 harm neral Dema P.p—d Zoning el Knh,xnoud e�rnn,exial ofZ IGenereV Lommerlrsl L°,3 N°ipFb m �,°mm°r�l°I OSO CREEK DEVELOPMENT L°t4 _Sing F Iy AS-____ °,5 Is, Ip.Faml as MAP ZONING EXHIBIT sl„els F�rrvvas °” ,I-811 amly°s - - FEBRUARY 9,2023 4 Kimley>»Horn Zoning Report Page 8 ATTACHMENT C: SITE MAP (2 OF 2) iNj k J, y w r , o• , a. as: s V w wa u ci o= w N Q amu' �mN mU � a'zrvi � ♦tn K � � w w ¢ o O W J a O3V5 w O � a � N N 0 Zoning Case 0623-01 MPM Development, LP Corpus Christi ISD 0 o City of Corpus Christi ° 000 DISTRICT 5 Rezoning for a property at a o 8101 Yorktown Boulevard ® MWEC T ®� PG30OPC From "FR" and "RE„ s To the "RS-4.5", "CN-1" & "CG-2" 0 0 / / � PROPERTY I� ` Es6.HER C �ocanonr !'hn.i City Council August 22, 2023 Zoning and Land Use Proposed Use: To allow for a mixed-use development to include retail pads(-9.2 acres), multifamily (-27.3 acres), single- family (-51.5 acres), and a school site(-40 acres). Area Development Plan: YOGdG37 WMBOOULEVARD Southside w Future Land Use Map: Flood Plain Conservation, Medium-Density Residential O � Existing Zoning: "FR" Farm Rural, "RE" Residential Estate CQ �- 01 Adlacent Land Uses: North: Vacant, Agriculture, Public Semi-Public, .I'. ...... Zoned"CG-2" l South and East: Conservation/Preservation, Water, I, ; a°gems Zoned"RS-6" • West: Vacant, Low-Density Residential, Zoned - "RS-4.5" Proposed Site Plan p. SUMMARY DATA TABLE AY, 21 -E= ®ti� SITE PLAN AUGUST 2021 YORKTOWN BOULEVARD,CORPUS CHRISTI Kimley*Hom Public Notification 50 Notices mailed inside the 200' buffer RM�2 CG-z 4 Notices mailed outside the 200' buffer RS-6 4fi�J Notification Area RS-4.5 X10 Opposed: 0 (0.00%) Separate Opposed Owners: 0 11 i 6 12 RS-6 In Favor: 0 (0.00%) 5 15 N "Notified property owner's land in SQF/Total square footage of all property in the notification area = Rs-6 Percentage of public opposition. Staff Analysis And Recommendation • The proposed rezoning is inconsistent with the Future Land Use Map which calls for most of the land to be preserved for environmental reasons as the property lands within the 100-year flood pain. However, the area has been home to a shooting range for past decades. Large portions of the subject property were previously owned by the City of Corpus Christi and were to be home to a proposed wastewater treatment plant. • The subject property is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan such as transitions between land uses and locational needs for public semi-public uses. Planning Commission & Staff Recommendation (June 14, 2023): Approval of the change of zoning from the "FR" Farm Rural District and "RE" Residential Estate District to the "RS-4.5" Single-Family 4.5 District, "CN-1" Neighborhood Commercial District, and the "CG-2" General Commercial District. a . aR� N SUB,lEC�T On F s 1 CASE: 0623-01 N W-* Aerial View S ® Subject Property 4 F-I P�ROP'ERTY ■■►1■ City of Esri, HERE Corpus LOCATION MAP Christi se G� O'1 +-� H V oRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services j effreye(a)-cctexas.com (361) 826-3851 Charles Mendoza, Director of Asset Management charlesm2(a)cctexas.com (361) 826-1941 Alma I. Casas, Interim Director of Finance and Procurement almac&cctexas.com (361) 826-3610 Construction Contract Award City Hall Roof Repairs CAPTION: Motion awarding a construction contract to Roofing Solutions, LLC. of Prairieville, Louisiana, for the City Hall Roof Repairs project in the amount of $869,120.00 (an FY 2023 Capital Budget approved project), located in Council District 1, with FY 2023 funding available from the Facility Maintenance CO fund. SUMMARY: This motion approves a construction contract for the removal and replacement of existing concrete roof tiles at four(4) gable roof structures with new standing seam metal roofing, selective removal of existing brick veneer adjacent to the gable roofs to facilitate, removal and replacement of existing wall flashing, and reinstallation of brick veneer. BACKGROUND AND FINDINGS: The City Hall was built in 1988. No significant improvements have been made to the roof since its construction. As a result, City Hall has been experiencing persistent rainwater infiltration in multiple areas of the building envelope. Replacing the roof is the first of several projects being executed to mitigate the water infiltration problems. Additionally, the concrete tiles that make up the roof are cracked in areas which pose a serious safety concern if one were to fall. Each tile weighs roughly 10 pounds. City Hall serves as the chief administrative building in which local government business, public services, and public activities are conducted. The project scope includes removal of existing concrete roof tiles at four (4) gable roof locations and replacing with new standing seam metal roofing, limited brick veneer flashing repairs between the exterior atrium walls and existing gable roof. The project does not include the removal or replacement of the existing flat roofs or the removal and replacement of the entire exterior atrium brick veneer. An Additive Alternate is included due to the condition of the existing composite insulation board is unknown. The construction drawings include information on how the roofing contractor should proceed for any unknowns after removing the concrete roof tile and exposing the composite insulation board. PROJECT TIMELINE: 121 - 2022 20232023/2024 November — December January — August September — April Design Bid/Award Construction Project schedule reflects award in September 2023 with anticipated completion by April 2024. COMPETITIVE SOLICITATION PROCESS: On April 26, 2023, the Contracts and Procurement Department issued a Request for Bids with the RFB number 4737 for City Hall Roof Repairs project. The City of Corpus Christi received bids from three bidders. The city analyzed the bids in accordance with the contract documents and determined Roofing Solutions, LLC is the lowest responsive, and responsible bidder. As the lowest bid received was within the acceptable range of Engineer's Opinion of Probable Construction Cost the City decided to proceed with the project. A summary of the bid is provided below: BID SUMMARY CONTRACTOR BASE BID ALTERNATE TOTAL Roofing Solutions, LLC $772,800.00 $96,320.00 $869,120.00 Argio Roofing & Construction, $1,155,085.00 $296,686.00 $1,451,771.00 LLC Rain King Inc. $1,442,000.00 $180,500.00 $1,622,500.00 Engineer's Opinion of $1,807,822.00 Probable Construction Cost $46,952.00 $1,854,774.00 Roofing Solutions, LLC has been awarded many projects in our bordering state of Louisiana due to their competitiveness. Some of the project that Roofing Solutions, LLC completed are Williams Sonoma Distribution Center— Mississippi (2022), United States Postal Office Baton Rouge Roof Replacement - Louisiana (2020), University of MS Med Center Re-Roof Pavilion — Mississippi (2019), Peral Watson Elementary School Roof Replacement— Louisiana (2019), USA Tech Park Roof Replacement — Alabama (2017), Progress Elementary School Roof Replacement — Louisiana (2016), BTR9 Port Allen OXD Warehouse & Distribution Center - Louisiana (2016), and Michoud Assembly NASA Facility Roof Replacement— Louisiana (In Progress). The firm does not have a local office, but they will be housing crews locally for the duration of the project. ALTERNATIVES: The alternative is not to award the construction contract to the lowest responsive and responsible bidder, Roofing Solutions, LLC. This would delay the new improvements to the City Hall Roof. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of $869,120.00 with funds available from Certificates of Obligation fund. The approved CIP project page is included in the package. Funding Detail: Fund: 2021COFacMntCIP (Fund 3166) Department: Facilities Maintenance (12) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 20285-3166-EXP Amount $389,120.00 Fund: Fac Maint 2023 CO (Fund 3168) Department: Facilities Maintenance (12) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 20285-3168-EXP Amount $480,000.00 Total: $869,120.00 RECOMMENDATION: Staff recommend awarding a construction contract for City Hall Roof Repairs to Roofing Solutions, LLC for the City Hall roof repair. LIST OF SUPPORTING DOCUMENTS: Location &Vicinity Maps Bid Tab CIP Page PowerPoint Hanson Professional Services,Inc. Project No.1910247A22 5/26/2023 City Project Name:City Hall Roof Repairs City Project No.:20285 Item Description Unit Quantity ROOFING Total ARGIO ROOFING Total RAIN KING,INC. Total OPCC Total SOLUTIONS, & LLC CONSTRUCTION, Base Bid Al MOBILIZATION LS 1 $ 30,912.00 $ 30,912.00 $ 35,000.00 $ 35,000.00 $ 72,000.00 $ 72,000.00 $ 73,730.00 $ 73,730.00 A2 BONDS AND INSURANCE AL 1 $ 25,600.00 $ 25,600.00 $ 67,369.00 $ 67,369.00 $ 50,825.00 $ 50,825.00 $ 29,492.00 $ 29,492.00 Sub Totals $ 102,369.00 $ 122,825.00 $ 103,222.00 •• B1 GABLE ROOF REPLACEMENT LS 1 $442,880.00 $440,288.00 $ 820,236.00 $ 820,236.00 $1,051,400.00 $1,051,400.00 $1,466,000.00 $1,466,000.00 B2 WALL FLASHING REPAIRS LS 1 $ 9,600.00 $ 96,000.00 $ 28,800.00 $ 28,800.00 $ 17,775.00 $ 17,775.00 $ 33,600.00 $ 33,600.00 B3 CRANE OPERATIONS LS 1 $ 80,000.00 $ 80,000.00 $ 103,680.00 $ 103,680.00 $ 150,000.00 $ 150,000.00 $ 105,000.00 $ 105,000.00 Sub Totals $616,288.00 $ 952,716.00 $1,219,175.00 $1,604,600.00 • C1 ALLOWANCE FOR UNFORESEEN AL 1 $100,000.00 $100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 CONDITIONS Sub Totals $100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 Additive Alternates D1 BOARD AA 1 $ 96,320.00 $ 96,320.00 $ 296,686.00 $ 296,686.00 $ 180,500.00 $ 180,500.00 $ 46,952.00 $ 46,952.00 Sub Totals $ 96,320.00 $ 296,686.00 $ 180,500.00 $ 46,952.00 Total(Parts A through C) $772,800.00 $1,155,085.00 $1,442,000.00 $1,807,822.00 Total Alternates(Part D) $ 96,320.00 $ 296,686.00 $ 180,500.00 $ 46,952.00 Note:"Miscellaneous and General Contractor's Overhead and Profit"estimate of$176,952.00 from OPCC was proportioned between Parts B and D above. Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 20285 Project Name City Hall Roof Type Reconditioning-Asset Longevity Department Public Facilities Useful Life 25 years Contact Director of Asset Management Category Building Rehabilitation Priority 2 Critical-Asset Condition4ongevity Status Active Description Install new standing seam roof system to replace the worn concrete roof tiles.This is the final phase of the City Hall roof rehabilitation. Justification The existing roof system is deteriorating posing a safety risk to citizens and personnel. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 480,878 1,950,000 2,430,878 Design 435,000 435,000 Eng,Admin Reimbursements 45,000 45,000 200,000 290,000 Total 525,878 480,000 2,150,000 3,155,878 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (Prior) 525,878 525,878 Certificates of Obligation(New) 480,000 2,150,000 2,630,000 Total 525,878 480,000 2,150,000 3,155,878 Budget Impact/Other There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budgeted to maintain these improvements. 130 N gull M.L.K. JR DR _ - PROJECT LOCATION U) U) s r N, T W o e' J CORPUS CHRISTI BAY r - I-37 Q I_37 'w AY°O�oS° t . 5a yhc m a j� ^S ANTELOPE M wN d w° 8 0 VICINITY MAP LU s w NOT TO SCALE — _ N.. z PROJECT LO CATION !"I Fill LEOPARD ST LEOPARD ST _ w , 71 MESTINA ST • MESTINA ST w z Y w - w J f d 2 ! Z a - Q w � A O Q do LIPAN ST -- LIPAN ST cn , Q e (n a `p o J li Q � a 'rN`�yM1 p COMANCHE ST AERIAL MAP NOT TO SCALE PROJECT NO. 20285 CITY COUNCIL EXHIBIT ' CITY HALL ROOF REPAIRS CITY OF CORPUS CHRISTI,TEXAS , DEPARTMENT OF ENGINEERING SERVICES /' Corpus Chr sti Engineering City Hall Roof Repairs Council Presentation August 8, 2023 Project Corpus Chr sti Engineering The Scope of Work: • Removal of existing concrete roof tiles at four (4) gable roof locations and replacing with a new standing seam metal roofing. • Limited brick veneer flashing repairs between the exterior atrium walls and the existing gable roof. _ Work Area cotpUS cnl sci Engineering W AREA OF WORK --z._ Project Schedule fir, J Corpus Chi sty Engineering 2021 - 2022 2023 2023/2024 November — December January — July September —April Design Bid/Award Construction The projected schedule reflects City Council award in September 2023 with anticipated completion by April 2024. Corpus Christi Engineering �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of August 22, 2023 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services i effreye(a)cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure WesleyN(a)cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) Manhole Improvements, Project No. 23148 CAPTION: Motion awarding a construction contract to National Power Rodding Corp., Austin, Texas, for Citywide Wastewater Indefinite Delivery Indefinite Quantity(IDIQ) Manhole Improvements project in an amount of $2,000,000.00, located Citywide, with FY 2023 funding available from the Wastewater Capital Fund. SUMMARY: This motion awards a construction contract for the Citywide Wastewater IDIQ Manhole Improvements project to complete wastewater collection system infrastructure construction at various locations throughout the City. This contract is one mechanism utilized to meet the City's Consent Decree Obligations. BACKGROUND AND FINDINGS: The project is an IDIQ construction contract to complete wastewater infrastructure construction throughout the city. The work will be issued by the City in multiple indefinite quantity individual work orders called "Delivery Orders" (DO) that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. The delivery orders are planned, designed, and prepared by Corpus Christi Water (CCW) team using established line items for pricing. Only relevant line items will be utilized for each delivery order. The final quantities for each of the line items will differ due to the various projects. The contract and construction are managed and inspected by the Engineering Services Department. This is a "not to exceed" contract in which Delivery Orders may only be issued up to the contract ceiling. The repairs and improvements conducted under this contract will help to reduce the risk of sanitary sewer overflows. This contract was prepared to include various types of manhole materials and rehabilitation products for rehab, repair, or replacement of aged and deteriorated manholes. Work also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on-call during the Contract to provide emergency response services. The contract requires personnel to be at the project site within three (3) hours of notification of an emergency. The contract will have a duration of one year, in an amount not to exceed $2,000,000.00. This IDIQ Contract will not include any renewals. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each DO document. The Consent Decree requirements, pipe replacement goals, and inflation have all contributed to the need for increased IDIQ contracts and funding. This is one of the seven IDIQ contracts that CCW will be implementing this fiscal year. Multiple contracts will provide greater flexibility in responding and completing projects effectively and efficiently. A breakdown of additional contracts are as follows. CCW IDIQ (Indefinite Delivery Indefinite Quantity) Contracts utility Contract Value Bid Date Actual/Estimated Council Agenda Date 1 Wastewater $5,000,000 October 19, 2022 January 24, 2023 2 Water Small Diameter $5,000,000 December 7, 2022 January 31, 2023 3 Water Large Diameter $5,000,000 January 18, 2023 March 7, 2023 4 Wastewater $8,100,000 June 9, 2023 July 25, 2023 5 Wastewater Manhole $2,000,000 June 21, 2023 August 15, 2023 6 Water Large Diameter $5,000,000 June 14, 2023 July 25, 2023 7 Water Small Diameter $5,000,000 June 28, 2023 August 15, 2023 Total IDIQ Contract Value $35,100,000 PROJECT TIMELINE: 2023 2023 - 2024 May -August September-September Bid/ Construction Award Project schedule reflects City Council award in August 2023 with anticipated completion by September 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bid for the project and on June 21, 2023, the city received a bid from one bidder. The Contracts and Procurement, Engineering Services, and Corpus Christi Water evaluated the bids in accordance with the contract documents and determined National Power Rodding Corp. to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID National Power Rodding Corp. $4,133,255.29 Engineer's Opinion of Probable Construction Cost $2,297,050.00 National Power Rodding Corp. has successfully completed numerous projects including Waller Creek Tunnel Sediment and Debris Removal Project with City of Austin and Edwards Aquifer Recovery Zone Small Diameter Rehab project with San Antonio Water System and several other projects in Texas. Additionally, they have successfully completed a prior Corpus Christi Wastewater IDIQ contract and have a current wastewater IDIQ contract. ALTERNATIVES: City Council could choose not to award the construction contract to National Power Rodding Corp. This would delay repairs to the wastewater infrastructure system causing more costly repairs to the infrastructure and property and increasing the risk of wastewater system overflows. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$2,000,000.00 with funding available from the Wastewater Capital Fund. The CIP Budget is $17,000,000.00 and additional contracts were previously bid out and awarded. FUNDING DETAIL: Fund: WWWCP RR 032950 2023 (Fund 4260) Department: Wastewater (46) Organization: Grants &Capital Projects Funds (89) Project: Citywide WW IDIQ 2023 Manhole Improvements (Project No. 23148) Account: Infrastructure (550060) Activity: 23148 Amount: $2,000,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Citywide Wastewater IDIQ FY2023 project to National Power Rodding Corp., in the amount of $2,000,000.00. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in September 2023 with completion in September 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation ATTACHMENT A TABL UAT10N OF BIDS ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS RFB 4819 TABULATED BY:CORPUS CHRISTI WATER ENGINEER'S ESTIMATE:$2,302,751.00 BID DATE: June 21,2023 COMPLETION:365 Cal Days National Power Rodding Corp. FM 969 WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 TX Austin,TX 78787 24 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART A-GENERAL Al MOBILIZATION(MAX.5%) LS 1 $ 100,000.00 $ 100,000.00 A2 BONDS AND NSURANCE(MAX.2%) AL 1 $ 40,000.00 $ 40,000.00 SUBTOTAL PART A-GENERAL $ 140,000.00 PARTB-WASTEWATER MANHOLE IMPROVEMENTS B-101 FIBERGLASS WWMH-4 FT DIA.(0'-6'DEPTH) EA 4 $ 14,720.00 $ 58,880.00 B-102 FIBERGLASS WWMH-5 FT DIA.(0'-6'DEPTH) EA 2 $ 18,630.00 $ 37,260.00 B-103 FIBERGLASS WWMH-6 FT DIA.(0'-6'DEPTH) EA 1 $ 33,350.00 $ 33,350.00 B-104 FIBERGLASS WWMH-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 20 $ 908.50 $ 18,170.00 B-105 FIBERGLASS WWMH-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 6 $ 1,212.10 $ 7,272.60 B-106 FIBERGLASS WWMH-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,406.45 $ 2,812.90 B-107 CONCRETE W/ANTI-MICROBIAL WWMH-4 FT DIA.(0'-6'DEPTH) EA 10 $ 12,903.25 $ 129,032.50 B-108 CONCRETE W/ANTI-MICROBIAL WWMH-5 FT DIA.(0'-6'DEPTH) EA 2 $ 17,327.50 $ 34,655.00 B-109 CONCRETE W/ANTI-MICROBIAL WWMH-6 FT DIA.(0'-6'DEPTH) EA 1 $ 22,700.00 $ 22,700.00 B-110 CONCRETE W/ANTI-MICROBIAL WWMH-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 15 $ 1,014.15 $ 15,212.25 B-111 CONCRETE W/ANTI-MICROBIAL WWMH-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 4 $ 1,630.20 $ 6,520.80 B-112 CONCRETE W/ANTI-MICROBIAL WWMH-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,944.10 $ 3,888.20 B-113 POLYMER CONCRETE WWMH-4 FT DIA.(0'-6'DEPTH) EA 4 $ 13,133.00 $ 52,532.00 B-114 POLYMER CONCRETE WWMH-5 FT DIA.(0'-6'DEPTH) EA 2 $ 17,135.00 $ 34,270.00 B-115 POLYMER CONCRETE WWMH-6 FT DIA.(0'-6'DEPTH) EA 1 $ 22,195.00 $ 22,195.00 B-116 POLYMER CONCRETE WWMH-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 10 $ 1,003.95 $ 10,039.50 B-117 POLYMER CONCRETE WWMH-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 4 $ 1,639.90 $ 6,559.60 B-118 POLYMER CONCRETE WWMH-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,853.80 $ 3,707.60 B-201 FIBERGLASS WWMH-4 FT DIA.(0'-6'DEPTH) EA 4 $ 17,836.50 $ 71,346.00 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-202 FIBERGLASS WWMH-5 FT DIA.(0'-6'DEPTH) EA 2 $ 19,941.00 $ 39,882.00 B-203 FIBERGLASS WWMH-6 FT DIA.(0'-6'DEPTH) EA 1 $ 23,598.00 $ 23,598.00 B-204 FIBERGLASS WWMH-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 12 $ 980.95 $ 11,771.40 B-205 FIBERGLASS WWMH-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 6 $ 1,284.55 $ 7,707.30 B-206 FIBERGLASS WWMH-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,478.90 $ 2,957.80 B-207 CONCRETE W/ANTI-MICROBIAL WWMH-4 FT DIA.(0'-6'DEPTH) EA 4 $ 16,750.00 $ 67,000.00 B-208 CONCRETE W/ANTI-MICROBIAL WWMH-5 FT DIA.(0'-6'DEPTH) EA 2 $ 22,962.50 $ 45,925.00 B-209 CONCRETE W/ANTI-MICROBIAL WWMH-6 FT DIA.(0'-6'DEPTH) EA 1 $ 31,325.00 $ 31,325.00 B-210 CONCRETE W/ANTI-MICROBIAL WWMH-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 12 $ 1,014.15 $ 12,169.80 B-211 CONCRETE W/ANTI-MICROBIAL WWMH-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 6 $ 1,630.20 $ 9,781.20 B-212 CONCRETE W/ANTI-MICROBIAL WWMH-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,944.10 $ 3,888.20 B-213 POLYMER CONCRETE WWMH-4 FT DIA.(0'-6'DEPTH) EA 4 $ 16,939.50 $ 67,758.00 B-214 POLYMER CONCRETE WWMH-5 FT DIA.(0'-6'DEPTH) EA 2 $ 22,655.00 $ 45,310.00 B-215 POLYMER CONCRETE WWMH-6 FT DIA.(0'-6'DEPTH) EA 1 $ 30,360.00 $ 30,360.00 B-216 POLYMER CONCRETE WWMH-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 12 $ 1,003.95 $ 12,047.40 B-217 POLYMER CONCRETE WWMH-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 6 $ 1,639.90 $ 9,839.40 B-218 POLYMER CONCRETE WWMH-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,853.80 $ 3,707.60 B-301 NEW RING&COVER,STANDARD-36"OPENING,12"CONCRETE COLLAR,CONCRETE EA 2 $ 5,623.50 $ 11,247.00 ROADWAY B-302 NEW RING&COVER,STANDARD-36"OPENING,12"CONCRETE COLLAR,ASPHALT EA 2 $ 5,623.50 $ 11,247.00 ROADWAY B-303 NEW RING&COVER,STANDARD-36"OPENING,12"CONCRETE COLLAR,UNPAVED EA 2 $ 5,623.50 $ 11,247.00 B-304 NEW RING&COVER,STANDARD-36"OPENING,DRIVEWAY/SIDEWALK EA 2 $ 5,048.50 $ 10,097.00 B-305 NEW RING&COVER,STANDARD-36"OPENING,18"CONCRETE COLLAR,RAISED EA 2 $ 5,911.00 $ 11,822.00 PROTECTION B-306 NEW RING&COVER,STANDARD-30"OPENING,12"CONCRETE COLLAR,CONCRETE EA 8 $ 3,484.50 $ 27,876.00 ROADWAY B-307 NEW RING&COVER,STANDARD-30"OPENING,12"CONCRETE COLLAR,ASPHALT EA 8 $ 3,484.50 $ 27,876.00 ROADWAY B-308 NEW RING&COVER,STANDARD-30"OPENING,12"CONCRETE COLLAR,UNPAVED EA 8 $ 3,484.50 $ 27,876.00 B-309 NEW RING&COVER,STANDARD-30"OPENING,DRIVEWAY/SIDEWALK EA 2 $ 2,898.00 $ 5,796.00 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-310 NEW RING&COVER,STANDARD-30"OPENING,18"CONCRETE COLLAR,RAISED EA 8 $ 3,795.00 $ 30,360.00 PROTECTION B-311 NEW RING&COVER,36"OPENING-UPGRADE TO COMPOSITE MH NEW RING&COVER EA 2 $ 8,832.00 $ 17,664.00 B-312 NEW RING&COVER,30"OPENING-UPGRADE TO COMPOSITE MH NEW RING&COVER EA 4 $ 4,174.50 $ 16,698.00 B-313 MANHOLE RAISED PROTECTION,18"CONCRETE COLLAR(>5'ABOVE GROUND VF 6 $ 2,127.50 $ 12,765.00 ELEVATION) B-401 FIBERGLASS WWMH INSERT-4 FT DIA.(0'-6'DEPTH) EA 10 $ 9,096.50 $ 90,965.00 B-402 FIBERGLASS WWMH INSERT-5 FT DIA.(0'-6'DEPTH) EA 5 $ 9,844.00 $ 49,220.00 B-403 FIBERGLASS WWMH INSERT-6 FT DIA.(0'-6'DEPTH) EA 2 $ 14,416.40 $ 28,832.80 B-404 FIBERGLASS WWMH INSERT-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 5 $ 966.00 $ 4,830.00 B-405 FIBERGLASS WWMH INSERT-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 5 $ 1,130.45 $ 5,652.25 B-406 FIBERGLASS WWMH INSERT-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 5 $ 1,489.25 $ 7,446.25 B-407 CONCRETE W/ANTI-MICROBIAL WWMH INSERT-4 FT DIA.(0'-6'DEPTH) EA 10 $ 11,023.00 $ 110,230.00 B-408 CONCRETE W/ANTI-MICROBIAL WWMH INSERT-5 FT DIA.(0'-6'DEPTH) EA 5 $ 16,907.75 $ 84,538.75 B-409 CONCRETE W/ANTI-MICROBIAL WWMH INSERT-6 FT DIA.(0'-6'DEPTH) EA 2 $ 22,263.00 $ 44,526.00 B-410 CONCRETE W/ANTI-MI CRO BIAL WWMH INSERT-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 4 $ 1,014.15 $ 4,056.60 B-411 CONCRETE W/ANTI-MI CRO BIAL WWMH INSERT-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 4 $ 1,630.20 $ 6,520.80 B-412 CONCRETE W/ANTI-MI CRO BIAL WWMH INSERT-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 4 $ 1,944.10 $ 7,776.40 B-413 POLYMER CONCRETE WWMH INSERT-4 FT DIA.(0'-6'DEPTH) EA 1 $ 11,166.50 $ 11,166.50 B-414 POLYMER CONCRETE WWMH INSERT-5 FT DIA.(0'-6'DEPTH) EA 1 $ 16,537.00 $ 16,537.00 B-415 POLYMER CONCRETE WWMH INSERT-6 FT DIA.(0'-6'DEPTH) EA 1 $ 21,620.00 $ 21,620.00 B-416 POLYMER CONCRETE WWMH INSERT-4 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,003.95 $ 2,007.90 B-417 POLYMER CONCRETE WWMH INSERT-5 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,639.90 $ 3,279.80 B-418 POLYMER CONCRETE WWMH INSERT-6 FT DIA.(EXTRA DEPTH,OVER 6'DEPTH) VF 2 $ 1,853.80 $ 3,707.60 B-501 POLYMERIC COATING SYSTEM(CLASS A)-4 FT DIA.WWMH VF 8 $ 950.00 $ 7,600.00 B-502 POLYMERIC COATING SYSTEM(CLASS A)-5 FT DIA.WWMH VF 8 $ 1,025.00 $ 8,200.00 B-503 POLYMERIC COATING SYSTEM(CLASS A)-OVER 5 FT DIA.WWMH OR STRUCTURE SF 250 $ 70.00 $ 17,500.00 B-504 POLYMERIC COATING SYSTEM(CLASS B)-4 FT DIA.WWMH VF 8 $ 400.00 $ 3,200.00 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-505 POLYMERIC COATING SYSTEM(CLASS B)-5 FT DIA.WWMH VF 8 $ 500.00 $ 4,000.00 B-506 POLYMERIC COATING SYSTEM(CLASS B)-OVER 5 FT DIA.WWMH OR STRUCTURE SF 250 $ 40.00 $ 10,000.00 B-507 POLYMERIC COATING SYSTEM(CLASS C)-4 FT DIA.WWMH VF 8 $ 500.00 $ 4,000.00 B-508 POLYMERIC COATING SYSTEM(CLASS C)-5 FT DIA.WWMH VF 8 $ 625.00 $ 5,000.00 B-509 POLYMERIC COATING SYSTEM(CLASS C)-OVER 5 FT DIA.WWMH OR STRUCTURE SF 250 $ 42.50 $ 10,625.00 B-510 CEMENTITIOUS COATING(CLASS B)-4 FT DIA.WWMH VF 8 $ 300.00 $ 2,400.00 B-511 CEMENTITIOUS COATING(CLASS B)-5 FT DIA.WWMH VF 8 $ 375.00 $ 3,000.00 B-512 CEMENTITIOUS COATING(CLASS B)-OVER 5 FT DIA.WWMH OR STRUCTURE SF 500 $ 25.00 $ 12,500.00 B-513 CEMENTITIOUS COATING(CLASS C)-4 FT DIA.WWMH VF 8 $ 500.00 $ 4,000.00 B-514 CEMENTITIOUS COATING(CLASS C)-5 FT DIA.WWMH VF 8 $ 625.00 $ 5,000.00 B-515 CEMENTITIOUS COATING(CLASS C)-OVER 5 FT DIA.WWMH OR STRUCTURE SF 500 $ 42.50 $ 21,250.00 B-601 RECONSTRUCT MANHOLE BRICK CORBEL(ALL SIZES) EA 4 $ 5,285.40 $ 21,141.60 B-602 RECONSTRUCT MANHOLE FRP CONE(ALL SIZES) EA 4 $ 5,285.40 $ 21,141.60 B-603 RECONSTRUCT MANHOLE BENCH&INVERTS(ALL SIZES) EA 4 $ 3,336.15 $ 13,344.60 B-604 INSTALL FRAME SEAL-36"OPENING EA 2 $ 840.65 $ 1,681.30 B-605 INSTALL FRAME SEAL-30"OPENING EA 2 $ 805.00 $ 1,610.00 B-606 INSTALL FRAME SEAL-24"OPENING EA 2 $ 768.20 $ 1,536.40 B-607 LOCATE BURIED MANHOLE EA 1 $ 1,559.40 $ 1,559.40 B-608 ADJUST EXISTING MANHOLE TO GRADE,BURIED MANHOLE EA 2 $ 5,032.40 $ 10,064.80 B-609 ADJUST EXISTING MANHOLE TO GRADE EA 2 $ 5,032.40 $ 10,064.80 B-610 RESET OFFSET FRAME EA 2 $ 1,391.50 $ 2,783.00 B-611 REMOVE&REPLACE RING&COVER,W/STANDARD MH COVER-36"OPENING EA 4 $ 6,468.75 $ 25,875.00 B-612 REMOVE&REPLACE RING&COVER,W/STANDARD MH COVER-30"OPENING EA 4 $ 5,755.75 $ 23,023.00 B-613 REMOVE&REPLACE RING&COVER,W/STANDARD MH COVER-24"OPENING EA 1 $ 5,669.50 $ 5,669.50 B-614 REMOVE&REPLACE RING&COVER,W/COMPOSITE MH COVER-36"OPENING EA 2 $ 11,684.00 $ 23,368.00 B-615 REMOVE&REPLACE RING&COVER,W/COMPOSITE MH COVER-30"OPENING EA 2 $ 7,026.50 $ 14,053.00 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B-616 REMOVE&REPLACE RING&COVER,W/COMPOSITE MH COVER-24"OPENING EA 1 $ 6,032.90 $ 6,032.90 B-617 12"CONCRETE COLLAR,CONCRETE ROADWAY EA 4 $ 997.05 $ 3,988.20 B-618 12"CONCRETE COLLAR,ASPHALT ROADWAY EA 4 $ 997.05 $ 3,988.20 B-619 12"CONCRETE COLLAR,UNPAVED EA 4 $ 997.05 $ 3,988.20 B-620 18"CONCRETE COLLAR,RAISED PROTECTION EA 2 $ 1,380.00 $ 2,760.00 B-621 REMOVE EXISTING CONCRETE COLLAR(ALL SIZES)(NOT PART OF NEW MH OR CONE EA 4 $ 535.90 $ 2,143.60 INSTALL) B-622 INSTALL INFLOW INHIBITOR DISH(STAINLESS STEEL) EA 4 $ 1,023.50 $ 4,094.00 B-623 CHEMICAL GROUT INJECTION THROUGH MANHOLE WALL GA 4 $ 600.00 $ 2,400.00 B-624 WW ACCESS CHAMBER WITH 24"RISER AND STANDARD 24"OPENING MH COVER,ALL EA 4 $ 7,538.25 $ 30,153.00 DEPTHS B-625 WW ACCESS CHAMBER WITH 30"RISER AND STANDARD 30"OPENING MH COVER,ALL EA 4 $ 8,878.00 $ 35,512.00 DEPTHS B-626 REMOVE&REPLACE AIR RELEASE VALVE EA 1 $ 10,941.10 $ 10,941.10 B-627 <_8"DIA.EXTERNAL DROP CONNECTION AND CONCRETE ENCASEMENT(ALL DEPTHS) EA 2 $ 5,377.40 $ 10,754.80 B-628 10"DIA.EXTERNAL DROP CONNECTION AND CONCRETE ENCASEMENT(ALL DEPTHS) EA 2 $ 1,876.22 $ 3,752.44 B-629 12"DIA.EXTERNAL DROP CONNECTION AND CONCRETE ENCASEMENT(ALL DEPTHS) EA 2 $ 2,411.55 $ 4,823.10 SUBTOTAL PART B-WASTE WATER MANHOLE IMPROVEMENT1$ 2,141,439.24 PARTC-WASTEWATER LINE IMPROVEMENTS C-101 REMOVE AND REPLACE<8"SDR 26 PVC WW LINE(0'-10'DEPTH) LF 10 $ 257.60 $ 2,576.00 C-102 REMOVE AND REPLACE<8"SDR 26 PVC WW LINE(10'-18"DEPTH) LF 10 $ 336.95 $ 3,369.50 C-103 REMOVE AND REPLACE<8"SDR 26 PVC WW LINE(>18"DEPTH) LF 10 $ 506.00 $ 5,060.00 C-104 REMOVE AND REPLACE 10"SDR 26 PVC WW LINE(0'-10'DEPTH) LF 10 $ 269.10 $ 2,691.00 C-105 REMOVE AND REPLACE 10"SDR 26 PVC WW LINE(10'-18'DEPTH) LF 10 $ 289.80 $ 2,898.00 C-106 REMOVE AND REPLACE 10"SDR 26 PVC WW LINE(>18'DEPTH) LF 10 $ 534.75 $ 5,347.50 C-107 REMOVE AND REPLACE 12"SDR 26 PVC WW LINE(0'-10'DEPTH) LF 10 $ 244.95 $ 2,449.50 C-108 REMOVE AND REPLACE 12"SDR 26 PVC WW LINE(10'-18'DEPTH) LF 10 $ 373.75 $ 3,737.50 C-109 REMOVE AND REPLACE 12"SDR 26 PVC WW LINE(>18'DEPTH) LF 10 $ 543.95 $ 5,439.50 C-201 <_8"SDR 26 PVCWW LINE(0'-10'DEPTH) LF 10 $ 257.60 $ 2,576.00 C-202 <_8"SDR 26 PVC WW LINE(10'-18"DEPTH) LF 10 Is 336.95 $ 3,369.50 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT C-203 <_8"SDR 26 PVC WW LINE(>18"DEPTH) LF 10 $ 506.00 $ 5,060.00 C-204 10"SDR 26 PVC WW LINE(0'-10'DEPTH) LF 10 $ 269.10 $ 2,691.00 C-205 10"SDR 26 PVC WW LINE(10'-18'DEPTH) LF 10 $ 289.80 $ 2,898.00 C-206 10"SDR 26 PVC WW LINE(>18'DEPTH) LF 10 $ 533.60 $ 5,336.00 C-207 12"SDR 26 PVC WW LINE(0'-10'DEPTH) LF 10 $ 244.95 $ 2,449.50 C-208 12"SDR 26 PVC WW LINE(10'-18'DEPTH) LF 10 $ 373.75 $ 3,737.50 C-209 12"SDR 26 PVC WW LINE(>18'DEPTH) LF 10 $ 543.95 $ 5,439.50 C-301 LOCATE SERVICE LINE FROM MAIN LINE EA 4 $ 3,944.90 $ 15,779.60 C-302 SERVICE RE-CONNECTION(ON OPEN-CUT INSTALLED WW LINE),STANDARD EA 2 $ 969.45 $ 1,938.90 C-303 SERVICE RE-CONNECTION(ON OPEN-CUT INSTALLED WW LINE),DEEP(>8'DEPTH) EA 2 $ 1,089.05 $ 2,178.10 C-304 SERVICE LATERAL REPLACEMENT(0'-10'DEPTH MAIN)0 10 LF) LF 10 $ 299.00 $ 2,990.00 C-305 SERVICE LATERAL REPLACEMENT(>10'-18'DEPTH MAIN)0 10 LF) LF 10 $ 389.85 $ 3,898.50 C-306 SERVICE LATERAL REPLACEMENT(>18'DEPTH MAIN)0 10 LF) LF 10 $ 497.95 $ 4,979.50 C-307 INSTALL 8"CLEANOUT EA 3 $ 3,050.95 $ 9,152.85 C-308 GROUT LATERAL CONNECTIONS(ALL SIZES,ALL DEPTHS) EA 4 $ 2,500.00 $ 10,000.00 C-401 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 17) LF 10 $ 200.00 $ 2,000.00 C-402 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 17) LF 10 $ 225.00 $ 2,250.00 C-403 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 17) LF 10 $ 250.00 $ 2,500.00 C-404 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 13.5) LF 10 $ 200.00 $ 2,000.00 C-405 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 13.5) LF 10 $ 225.00 $ 2,250.00 C-406 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 13.5) LF 10 $ 2,500.00 $ 25,000.00 C-407 STANDARD SERVICE RE-CONNECTION(ON PIPE BURSTED WW LINE) EA 4 $ 3,200.00 $ 12,800.00 C-408 DEEP SERVICE RE-CONNECTION(ON PIPE BURSTED WW LINE) EA 2 $ 4,000.00 $ 8,000.00 SUBTOTAL PART C-WASTEWATER LINE IMPROVEMENTS$ 174,842.95 PART D-ABANDONMENT OF EXISTING UTILITIES D-101 lnDON WW MANHOLE(ALL SIZES) EA 5 $ 2,718.60 $ 13,593.00 D-102 REMOVE WW MANHOLE(ALL SIZES)(NOT RELATED TO NEW MH INSTALL) VF 8 $ 4,096.30 $ 32,770.40 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT D-103 GROUT FILL&ABANDON IN PLACE W W LINE CV 5 $ 1,807.80 $ 9,039.00 SUBTOTAL PART D-ABANDONMENT OF EXISTING UTILITIES $ 55,402.40 PART E-TRENCH/PAVEMENT REPAIR AND SITE RESTORATION E-101 CUT&RESTORE HMAC PAVEMENT(3"THICK PAVEMENT,8"BASE&PRIME COAT) SV 200 $ 323.15 $ 64,630.00 E-102 ADDITIONAL HMAC PAVEMENT THICKNESS(1/2'PER SY) SV 20 $ 56.35 $ 1,127.00 E-103 CUT&RESTORE CONCRETE PAVEMENT(10"THICK PAVEMENT&BASE) SV 50 $ 575.00 $ 28,750.00 E-104 ADDITIONAL CONCRETE PAVEMENT THICKNESS(1"PER SY) SV 20 $ 71.30 $ 1,426.00 E-105 CEMENT STABILIZED SAND BACKFILL(1.5 SACKS OF CEMENT PER 1 CV OF SAND) TON 50 $ 121.90 $ 6,095.00 E-106 CEMENT STABILIZED SAND BACKFILL(2 SACKS OF CEMENT PER 1 CV OF SAND) TON 30 $ 125.35 $ 3,760.50 E-107 CEMENT STABILIZED SAND BACKFILL(160 LBS OF CEMENT PER 1 CV OF SAND) TON 10 $ 132.25 $ 1,322.50 E-108 SELECT BACKFILL MATERIAL CV 50 $ 28.75 $ 1,437.50 E-109 FLOWABLE BACKFILL CV 30 $ 281.75 $ 8,452.50 E-201 REMOVE AND REPLACE CONCRETE DRIVEWAY SF 250 $ 35.65 $ 8,912.50 E-202 REMOVE AND REPLACE CONCRETE SIDEWALK SF 50 $ 25.30 $ 1,265.00 E-203 REMOVE AND REPLACE CURB AND GUTTER OR VALLEY GUTTER LF 50 $ 73.60 $ 3,680.00 E-204 REMOVE AND REPLACE CURB RAMP EA 2 $ 2,329.90 $ 4,659.80 E-205 REMOVAL&REPLACEMENT OF CHAIN LINK FENCING LF 100 $ 39.10 $ 3,910.00 E-206 REMOVAL&REPLACEMENT OF WOOD FENCING LF 250 $ 46.00 $ 11,500.00 E-207 REMOVE,RELOCATE,AND REINSTALL MAIL BOX EA 1 3 $ 488.75 $ 1,466.25 SUBTOTAL PART E-TRENCH/PAVEMENT REPAIR AND SITE RESTORATION$ 152,394.55 PART F-GENERAL SITE WORK F-101 STORMWATER POLLUTION PREVENTION PLAN LS 1 $ 3,250.00 $ 3,250.00 F-102 TEMPORARY CONSTRUCTION ENTRANCE/EXIT EA 1 $ 3,864.00 $ 3,864.00 F-103 TEMPORARY SEDIMENT CONTROL FENCE(SILT FENCE AND/OR SILT BARRIER) LF 50 $ 4.60 $ 230.00 F-104 INLET PROTECTION EA 10 $ 46.00 $ 460.00 F-105 EROSION CONTROL—SODDING SV 50 $ 25.88 $ 1,294.00 F-106 EROSION CONTROL—SEEDING SV 20 $ 10.93 $ 218.60 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT F-201 TRENCH SAFETY FOR WW LINE INSTALLATION(0'-10'DEPTH) LF 10 $ 26.45 $ 264.50 F-202 TRENCH SAFETY FOR WW LINE INSTALLATION(>10'-18'DEPTH) LF 10 $ 33.35 $ 333.50 F-203 TRENCH SAFETY FOR WW LINE INSTALLATION(>18'DEPTH) LF 10 $ 47.15 $ 471.50 F-204 EXCAVATION SAFETY FOR MANHOLES,WITHOUT LINE WORK(>5'-10'DEPTH) EA 10 $ 869.40 $ 8,694.00 F-205 EXCAVATION SAFETY FOR MANHOLES„WITHOUT LINE WORK(>10'-18'DEPTH) EA 10 $ 1,159.20 $ 11,592.00 F-206 EXCAVATION SAFETY FOR MANHOLES,WITHOUT LINE WORK(>18'DEPTH) EA 2 $ 1,449.00 $ 2,898.00 F-301 BYPASS PUMPING SET-UP-BYPASSING LINE<8"DIA. EA 1 $ 3,500.00 $ 3,500.00 F-302 BYPASS PUMPING SET-UP-BYPASSING LINE 10"-12"DIA. EA 1 $ 5,000.00 $ 5,000.00 F-303 BYPASS PUMPING SET-UP-BYPASSING LINE 15"-18"DIA. EA 1 $ 8,500.00 $ 8,500.00 F-304 BYPASS PUMPING SET-UP-BYPASSING LINE 24"-30"DIA. EA 1 $ 20,000.00 $ 20,000.00 F-305 BYPASS PUMPING SET-UP-BYPASSING LINE 36"-42"DIA. EA 1 $ 25,000.00 $ 25,000.00 F-306 BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE<8"DIA. LF 350 $ 100.00 $ 35,000.00 F-307 BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 10"-12"DIA. LF 350 $ 150.00 $ 52,500.00 F-308 BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 15"-18"DIA. LF 350 $ 250.00 $ 87,500.00 F-309 BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 24"-30"DIA. LF 350 $ 350.00 $ 122,500.00 F-310 BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 36"-42"DIA. LF 350 $ 450.00 $ 157,500.00 F-311 BYPASS PUMPING OPERATION-BYPASSING LINE<8"DIA. DAY 10 $ 3,500.00 $ 35,000.00 F-312 BYPASS PUMPING OPERATION-BYPASSING LINE 10"-12"DIA. DAY 10 $ 3,500.00 $ 35,000.00 F-313 BYPASS PUMPING OPERATION-BYPASSING LINE 15"-18"DIA. DAY 10 $ 4,500.00 $ 45,000.00 F-314 BYPASS PUMPING OPERATION-BYPASSING LINE 24"-30"DIA. DAY 10 $ 5,500.00 $ 55,000.00 F-315 BYPASS PUMPING OPERATION-BYPASSING LINE 36"-42"DIA. DAY 10 $ 6,500.00 $ 65,000.00 F-316 FURNISH VACUUM TRUCK(TANDEM)FOR CONTROL OF WW FLOW(24-HR PERIOD) DAY 2 $ 9,500.00 $ 19,000.00 F-317 EMERGENCY BYPASS PUMPING SET-UP-BYPASSING LINE<8"DIA. EA 1 $ 5,250.00 $ 5,250.00 F-318 EMERGENCY BYPASS PUMPING SET-UP-BYPASSING LINE 10"-12"DIA. EA 1 $ 7,500.00 $ 7,500.00 [:F-3:1:9::EMERGENCY BYPASS PUMPING SET-UP-BYPASSING LINE 15"-18"DIA. EA 1 $ 12,750.00 $ 12,750.00 F-320 EMERGENCY BYPASS PUMPING SET-UP-BYPASSING LINE 24"-30"DIA. EA 1 $ 30,000.00 $ 30,000.00 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT F-321 EMERGENCY BYPASS PUMPING SET-UP-BYPASSING LINE 36"-42"DIA. EA 1 $ 37,500.00 $ 37,500.00 F-322 EMERGENCY BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINES 8"DIA. LF 20 $ 150.00 $ 3,000.00 F-323 EMERGENCY BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 1011-12"DIA. LF 20 $ 225.00 $ 4,500.00 F-324 EMERGENCY BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 1511-18"DIA. LF 20 $ 375.00 $ 7,500.00 F-325 EMERGENCY BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 24"-30"DIA. LF 20 $ 525.00 $ 10,500.00 F-326 EMERGENCY BYPASS PUMPING DISCHARGE PIPING-BYPASSING LINE 3611-42"DIA. LF 20 $ 675.00 $ 13,500.00 F-327 EMERGENCY BYPASS PUMPING OPERATION-BYPASSING LINE<8"DIA. DAY 1 $ 5,250.00 $ 5,250.00 F-328 EMERGENCY BYPASS PUMPING OPERATION-BYPASSING LINE 10"-12"DIA. DAY 1 $ 5,250.00 $ 5,250.00 F-329 EMERGENCY BYPASS PUMPING OPERATION-BYPASSING LINE 15"-18"DIA. DAY 1 $ 6,750.00 $ 6,750.00 F-330 EMERGENCY BYPASS PUMPING OPERATION-BYPASSING LINE 24"-30"DIA. DAY 1 $ 8,250.00 $ 8,250.00 F-331 EMERGENCY BYPASS PUMPING OPERATION-BYPASSING LINE 36"-42"DIA. DAY 1 $ 9,750.00 $ 9,750.00 F-332 FURNISH VACUUM TRUCK(TANDEM)FOR CONTROL OF WW FLOW(24-HR PERIOD) DAY 2 $ 14,250.00 $ 28,500.00 F-401 WELL POINTING FOR MANHOLE(0'-1 O'DEPTH) EA 2 $ 9,100.00 $ 18,200.00 F-402 WELL POINTING FOR MANHOLE(10'-18'DEPTH) EA 4 $ 10,500.00 $ 42,000.00 F-403 WELL POINTING FOR MANHOLE(>18'DEPTH) EA 1 $ 11,900.00 $ 11,900.00 F-404 WELL POINTING FOR LINE WORK(PER LF OF TRENCH)(0'-1 O'DEPTH) LF 10 $ 700.00 $ 7,000.00 F-405 WELL POINTING FOR LINE WORK(PER LF OF TRENCH)(10'-18'DEPTH) LF 10 $ 800.00 $ 8,000.00 F-406 WELL POINTING FOR LINE WORK(PER LF OF TRENCH)(>18'DEPTH) LF 10 $ 925.00 $ 9,250.00 F-501 PRE CCTV-CLEAN&TELEVISE WW LINES(LINES 8"-18') LF 200 $ 15.00 $ 3,000.00 F-502 POST CCTV-TELEVISE WW LINES(LINES 8"-18') LF 200 $ 5.00 $ 1,000.00 F-503 OTHER CCTV-CLEAN&TELEVISE WW LINES(LINES 8"-18') LF 200 $ 15.00 $ 3,000.00 F-504 OTHER CCTV-CLEAN&TELEVISE WW LINES(LINES>18"-42') LF 100 $ 35.00 $ 3,500.00 F-505 CCTV REVERSE SET-UP(UNABLE TO TRAVERSE LINE ON INITIAL SET-UP) EA 4 $ 500.00 $ 2,000.00 F-506 CCTV SET-UPS EA 2 $ 250.00 $ 500.00 F-507 WW LINE HEAVY CLEANING(LINES 8"-18") LF 50 $ 30.00 $ 1,500.00 F-508 WW LINE HEAVY CLEANING(LINES>18"-42") LF 50 $ 50.00 $ 2,500.00 National Power Rodding Corp. WASTEWATER IDIQ FY2023 CITY PROJECT NO.23148 9810 FM 969 Austin,TX 78724 P:(512)928-1420 ESTIMATED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT F-509 OBSTRUCTION REMOVAL BY REMOTE DEVICE(ALL DEPTHS) EA 1 $ 650.00 $ 650.00 F-510 OBSTRUCTION REMOVAL BY EXCAVATION(0'-10'DEPTH) EA 1 $ 5,175.00 $ 5,175.00 F-511 OBSTRUCTION REMOVAL BY EXCAVATION(>10'-18'DEPTH) EA 1 $ 8,625.00 $ 8,625.00 F-512 OBSTRUCTION REMOVAL BY EXCAVATION(>18'DEPTH) EA 1 $ 13,800.00 $ 13,800.00 F-513 CLEAN&CCTV MANHOLE/MANHOLE INSPECTION EA 10 $ 750.00 $ 7,500.00 F-601 TRAFFIC CONTROL PLAN,RESIDENTIAL AREAS(3RD PARTY ENGINEER CERTIFIED) EA 5 $ 7,500.00 $ 37,500.00 F-602 ALLOWANCE FOR PREPARATION AND IMPLEMENTATION OF A TRAFFIC CONTROL PLAN ALW 1 $ 100,000.00 $ 100,000.00 (NON-RESIDENTIAL WORK SITES) F-603 PREPARATION AND IMPLEMENTATION OF A TRAFFIC CONTROL PLAN,EMERGENCY EA 1 $ 10,000.00 $ 10,000.00 RESIDENTIAL WORK SITES F-604 PREPARATION AND IMPLEMENTATION OF A TRAFFIC CONTROL PLAN,EMERGENCY NON- EA 1 $ 17,500.00 $ 17,500.00 RESIDENTIAL WORK SITES F-701 POTHOLING(0'-10'DEPTH) EA 1 F-702 POTHOLING(>10'-18"DEPTH) EA 1 $ 6,724.05 $ 6,724.05 F-703 POTHOLING(>18"DEPTH) EA 1 $ 11,862.25 $ 11,862.25 F-704 TREE REMOVAL(>6"DIA.TRUNK) EA 5 $ 509.45 $ 2,547.25 F-705 POWER POLE SUPPORT EA 1 $ 3,622.50 $ 3,622.50 SUBTOTAL PART F-GENERAL SITE WORK $ 1,339,176.15 PARTG-WATER IMPROVEMENTS G1 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS ALW 1 $ 30,000.00 $ 30,000.00 F-706 ALLOWANCE FOR OTHER TRENCHLESS TECHNOLOGIES FOR REHABILITATION OF ALW 1 $ 100,000.00 $ 100,000.00 WASTEWATER MANHOLES AND LINES SUBTOTAL PART G-WATER IMPROVEMENTS $ 130,000.00 SUBTOTAL PART A-GENERAL $ 140,000.00 SUBTOTAL PART B-WASTEWATER MANHOLE IMPROVEMENTS $ 2,141,439.24 SUBTOTAL PART C-WASTEWATER LINE IMPROVEMENTS $ 174,842.95 SUBTOTAL PART D-ABANDONMENT OF EXISTING UTILITIES $ 55,402.40 SUBTOTAL PART E-TRENCH/PAVEMENT REPAIR AND SITE RESTORATION $ 152,394.55 SUBTOTAL PART F-GENERAL SITE WORK $ 1,339,176.15 SUBTOTAL PART G-WATER IMPROVEMENTS $ 130,000.00 TOTAL PROJECT BASE BID(PARTS A-G) $ 4,133,255.29 Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 18157/22110 .,. Project Name Citywide Wastewater ID/IQ Type Reconditioning-Asset Longevity Department Wastewater UsefulLife 25 years Contact Director of Water Utilities Category Wastewater Priority 2 Critical-Asset Condition\longevity Status Active Description The citywide Indefinite Delivery/Indefinite Quantity program is a long-term initiative designed to reduce the number and volume of sanitary sewer overflows within the City. It is a key component of the life cycle program component to address collection system conveyance and manhole infrastructure requirements within the City. The program will identify,prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life,improve flows,improve water quality,reduce overflows and cave-ins and reduce long-term maintenance costs. The scope of work includes,but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and/or replacement of gravity collection lines and/or force mains by pipe bursting,cured-in-place pipe,and/or open-cut method for lines up to 36-inches in diameter,gravity line point repairs,dewatering through well pointing,control of wastewater flows through bypass ,pumping,cleaning and televised inspection of conduits,etc. Justification This project is needed to meet operational and regulatory requirements. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 30,800,000 15,100,000 15,100,000 15,100,000 76,100,000 Design 700,000 300,000 300,000 300,000 1,600,000 Contingency 1,550,000 1,550,000 1,550,000 4,650,000 Eng,Admin Reimbursements 779,941 350,000 350,000 350,000 1,829,941 Total 32,279,941 17,300,000 17,300,000 17,300,000 84,179,941 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 32,279,941 17,300,000 17,300,000 17,300,000 84,179,941 Total 32,279,941 17,300,000 17,300,000 17,300,000 84,179,941 Budget Impact/Other 71 Normal flow to the City's wastewater treatment plants is about 30 million gallons per day(MGD).When it rains,damaged pipe allows the infiltration of rainwater to flow into the treatment plants and be treated along normal wastewater flows,and consequently results in increased operational costs.In addition,damaged lines are prone to overflows of the system and subject to cave-ins. The implementation of this program will reduce overflows,decrease operational costs and protect the environment. 339 Corpus Chr s[i Engineering Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) Manhole Improvements Council Presentation \ August 15, 2023 Project Location ` Corpus Chr sti Engineering N CITY LIMITS u� mwuiwu�n m. �` 1 S VICINITY MAP �r� CITYWIDE PROJECT Project Number:237 46 2 Project Scope corpus chr sti Engineering A brief summary of proposed improvements is as follows: • Project will include rehabilitation, replacement, and point repair wastewater collection system manholes and pipelines. • Work includes dewatering through well pointing, control of wastewater flow through bypass pumping, cleaning and televised of pipelines as needed, and site restoration to pre-existing or better conditions. Work also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on-call during the Contract to provide emergency response on-call services. Project Schedule Corpus Chr sti Engineering 2023 2023 - 2024 May - AugustSeptember - September Bid/ Award Construction 4 N Projected Schedule reflects City Council award in August 2023 with anticipated completion in September 2024. °° p uyu i IV,i CITYWIDE PROJECT X w E 0 CORPUS CHRISTI BAY a a< �° S s 3 � Q VICINITY MAP s P NOT TO SCALE CITYWIDE PROJECT r; V ad VI`iiQ IIIIO 1'I W as_ Ip it AERIAL MAP NOT TO SCALE Project Number: 23148 CITYWIDE WASTEWATER IDIQ MANHOLE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES S C� GO 0 /H600PONAE 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of August 15, 2023 DATE: August 15, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services i effreye(a)cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure WesleyN(a)cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)-cctexas.com (361) 826-3169 Construction Contract Award Citywide Water Line Repair/Replace-Small Diameter IDIQ FY2023 Part B Project No. 23108 CAPTION: Motion awarding a construction contract to Jhabores Construction Company, Inc., Corpus Christi, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for Citywide Water Line Repair/Replace-Small Diameter Indefinite Delivery Indefinite Quantity (IDIQ) FY 2023 Part B project, located Citywide, with FY 2023 funding available from the Water Capital Fund. SUMMARY: This motion awards a construction contract for the Citywide Water Line Repair/Replace-Small Diameter I DIQ FY2023 Part B project to replace small diameter waterlines within the City's water distribution system at various locations throughout the City. BACKGROUND AND FINDINGS: The project is an Indefinite Delivery Indefinite Quantity (IDIQ) construction contract to complete water distribution system construction throughout the city. The work will be issued by the City in multiple indefinite quantity individual work orders called "Delivery Orders" (DO) that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. The delivery orders are planned, designed, and prepared by the Corpus Christi Water (CCW) team using established line items for pricing. Only relevant line items will be utilized for each delivery order. The final quantities for each of the line items will differ for each project. This is a "not to exceed" contract in which delivery orders may only be issued up to the contract ceiling. The scope of work includes the removal and abandonment of water lines, installation of new water lines by open trenching or horizontal directional drilling, casing, fire hydrants, valves, fittings, pavement repairs, and other miscellaneous items required to complete the project. The majority of the work conducted under this contract will be focused on lines with a diameter from 2-inch to 8-inch. Work also includes emergency response delivery orders that require the contractor to always have management personnel and crews available and on-call during the contract to provide emergency response services. Emergency Delivery Orders will include improvements for water lines from 2-inch to 16-inch (max). The contract will have an initial one-year term, with the option to renew for two additional one- year periods administratively in an amount up to $5,000,000.00 for a total amount not to exceed $15,000 000.00. The determination to exercise renewal options will be based on the Contractor's successful performance for the work on the DO's. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each DO document. This is one of seven IDIQ contracts that CCW will be implementing this fiscal year. Multiple contracts will provide greater flexibility in responding and completing projects effectively and efficiently. A breakdown of additional contracts are as follows. CCW IDIQ (Indefinite Delivery Indefinite Quantity) Contracts utility Contract Value Bid Date Actual/Estimated Council Agenda Date 1 Wastewater $5,000,000 October 19, 2022 January 24, 2023 2 Water Small Diameter $5,000,000 December 7, 2022 January 31, 2023 3 Water Large Diameter $5,000,000 January 18, 2023 March 7, 2023 4 Wastewater $8,100,000 June 9, 2023 July 25, 2023 5 Wastewater Manhole $2,000,000 June 21, 2023 August 15, 2023 6 Water Large Diameter $5,000,000 June 14, 2023 July 25, 2023 7 Water Small Diameter $5,000,000 June 28, 2023 August 15, 2023 Total IDIQ Contract Value $35,100,000 PROJECT TIMELINE: 2023 2023 - 2024 May - August September - September Bid/ Construction Award Project schedule reflects City Council award in August 2023 with anticipated completion in September 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bid for the project and on June 28, 2023, the city received bids from three bidders. The City evaluated the bids in accordance with the contract documents and determined Jhabores Construction Company, Inc. to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Jhabores Construction Company, Inc. $4,197,888.78 Clark Pipeline Services, LLC $5,188,123.27 Guerra Underground, LLC $5,379,481.00 Engineer's Opinion of Probable Construction Cost $5,258,088.00 Jhabores Construction Company, Inc. has successfully completed numerous projects with the City including Rodd Field Road, Holly Road, and Laguna Shores Street projects which include water line replacement. Jhabores Construction Company, Inc. has also completed various water replacement projects for surrounding area municipalities. ALTERNATIVES: City Council could choose not to award the construction contract to Jhabores Construction Company, Inc. This would delay repairs to the water distribution system causing more costly repairs to the infrastructure and property. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount up to $5,000,000.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: WTRCP RR 032950 2023 (Fund 4487) Department: Water (45) Organization: Grants &Capital Projects Funds (89) Project: Citywide Water Line Repair/Replace-Small Diameter IDIQ FY2023 Part B (Project No. 23108) Account: Infrastructure (550060) Activity: 23108 Amount: $5,000,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Citywide Water Line Repair/Replace-Small Diameter IDIQ FY2023 Part B project to Jhabores Construction Company, Inc., in an amount up to $5,000,000.00. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in September 2023 with completion in September 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 28,2023 RFB 4830 JHABORES CONSTRUCTION COMPANY,INC. Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23108 Citywide Waterline Repair/Replace-Small Diameter IDIQ FY2023 P.O.BOX 60089 6229 Leopard St 5114 Balcones Woods Or BASE BID Corpus Christi,TX,78466 Corpus Christi,TX,78409 Austin,TX,78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL Al Mobilization Max.5%of Project Total LS 1 $160,000.00 $ 160,000.00 $75,000.00 $ 75,000.00 $250,000.00 $ 250,000.00 A2 Storm Water Pollution Prevention EA 1 $35,000.00 $ 35 000.00 $5,000.001$ 5,000.00 $4,240.00 $ 4,240.00 SUBTOTAL PARTA-GENERAL Items Al thru A2 $ 195,000.00 $ 80,000.00 $ 254,240.00 Part B-WATERLINE IMPROVEMENTS E IMPRC Remove and ispose of 2"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover LF 10 $13.30 $ 133.00 $3.00 $ 30.00 $29.00 $ 290.00 B2 Remove and Dispose of 4"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover LF 10 $22.17 $ 221.70 $14.00 $ 140.00 $30.00 $ 300.00 B3 Remove and Dispose of 6"Diam.CIP/DIP/PVC Waterline(Up to 54t of Cover) LF 10 $25.58 $ 255.80 $35.42 $ 354.20 $31.00 $ 310.00 B4 Remove and Dispose of 8"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover LF 10 $27.71 $ 277.10 $36.02 $ 360.20 $32.00 $ 320.00 B5 Remove and Dispose of 2"Diam.ACP Waterline(Up to 5-ft of Cover LF 10 $23.54 $ 235.40 $16.26 $ 162.60 $29.00 $ 290.00 B6 Remove and Dispose of 4"Diam.ACP Waterline(Up to 5-ft of Cover LF 10 $29.42 $ 294.20 $31.22 $ 312.20 $30.00 $ 300.00 B7 Remove and Dispose of 6"Diam.ACP Waterline(Up to 5-ft of Cover) LF 50 $35.30 $ 1,765.00 $84.61 $ 4,230.50 $31.00 $ 1,550.00 B8 Remove and Dispose of 8"Diam.ACP Waterline(Up to 5-ft of Cover LF 50 $44.13 $ 2,206.50 $110.76 $ 5,538.00 $32.00 $ 1,600.00 B9 Furnish and Install 6"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(0-100 ft) LF 100 $133.45 $ 13,345.00 $184.13 $ 18,413.00 $168.00 $ 16,800.00 B10 Furnish and Install 8"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(0-100 ft) LF 100 $148.82 $ 14,882.00 $192.19 $ 19,219.00 $181.00 $ 18,100.00 B11 Furnish and Install 6"Diam.C900 DR18 PVC Waterline(Up to 5-ft Cover >100 ft LF 150 $105.75 $ 15 862.50 $199.17 $ 29 875.50 $113.00 $ 16 950.00 B12 Furnish and Install 8"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 150 $121.11 $ 18,166.50 $216.54 $ 32,481.00 $126.00 $ 18,900.00 Extra Depth for C900 DR18 PVC Waterline Installation for Each Vertical Foot Over 5-ft LF 10 $10.00 $ 100.00 $399.10 $ 3,991.00 $36.00 $ 360.00 B13 Cover,Added Linearly Along the Trench All Pipe Sizes B14 Furnish and Install 6"Diam.DIP Waterline(Up to 5-ft of Cover LF 10 $154.24 $ 1,542.40 $599.72 $ 5,997.20 $218.00 $ 2,180.00 B15 Furnish and Install 8"Diam.DIP Waterline(Up to 5-ft of Cover) LF 10 $169.82 $ 1,698.20 $672.94 $ 6,729.40 $232.00 $ 2,320.00 Extra Depth for DIP Waterline Installations for Each Vertical Foot Over 5-ft of Cover,Added LF 10 $55.00 $ 550.00 $399.10 $ 3,991.00 $36.00 $ 360.00 B16 Linearly Along the Trench All Pipe Sizes B17 Point Repair in Front Easement/ROW EA 20 $7,922.42 $ 158,448.40 $5,944.00 $ 118,880.00 $10,652.00 $ 213,040.00 B18 Point Repair in Rear/Side Easement EA 20 $14,572.13 $ 291 442.60 $6,366.17 $ 127 323.40 $10,652.00 $ 213 040.00 B19 Furnish and Install 2"Diam.C900 DR 18 Fusible PVC Waterline b HDD 0-300 ft LF 200 $58.86 $ 11 772.00 $149.69 $ 29 938.00 $79.00 $ 15 800.00 B20 Furnish and Install 4"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 200 $178.56 $ 35,712.00 $277.35 $ 55,470.00 $79.00 $ 15,800.00 B21 Furnish and Install 6"Diam.C900 DR 18 Fusible PVC Waterline by HDD 0-300 ft LF 200 $219.55 $ 43,910.00 $396.24 $ 79,248.00 $91.00 $ 18,200.00 B22 Furnish and Install 8"Diam.C900 DR 18 Fusible PVC Waterline by HDD 0-300 ft LF 200 $278.86 $ 55 772.00 $428.16 $ 85 632.00 $104.00 $ 20 800.00 Furnish and Install 6"Diam.C900 DR 18 Fusible PVC Waterline by HDD in Backyard LF 200 $231.16 $ 46,232.00 $595.11 $ 119,022.00 $91.00 $ 18,200.00 B23 Easement(0-300 it) Furnish and Install 8"Diam.C900 DR 18 Fusible PVC Waterline by HDD in Backyard LF 200 $290.46 $ 58,092.00 $598.12 $ 119,624.00 1 $104.00 $ 20,800.00 B24 Easement(0-300 it) Page 1 of 6 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 28,2023 RFB 4830 JHABORES CONSTRUCTION COMPANY,INC. Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23108 Citywide Waterline Repair/Replace-Small Diameter IDIQ FY2023 P.O.BOX 60089 6229 Leopard St 5114 Balcones Woods Or BASE BID Corpus Christi,TX,78466 Corpus Christi,TX,78409 Austin,TX,78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B25 Construct Drill Pads EA 20 $5,850.00 $ 117 000.00 $9,475.36 $ 189 507.20 $3,850.00 $ 77 000.00 B26 Furnish and Install 2"Diann.C900 DR 18 Fusible PVC Waterline by HDD(>300 ft) LF 310 $59.23 $ 18,361.30 $149.69 $ 46,403.90 $79.00 $ 24,490.00 B27 Furnish and Install 4"Diann.C900 DR 18 Fusible PVC Waterline b HDD >300 ft LF 310 $156.06 $ 48,378.60 $277.35 $ 85,978.50 $79.00 $ 24,490.00 B28 Furnish and Install 6"Diann.C900 DR 18 Fusible PVC Waterline b HDD >300 ft LF 310 $194.77 $ 60 378.70 $396.24 $ 122 834.40 $91.00 $ 28 210.00 B29 Furnish and Install 8"Diann.C900 DR 18 Fusible PVC Waterline b HDD >300 ft LF 310 $250.02 $ 77 506.20 $428.16 $ 132 729.60 $104.00 $ 32 240.00 Furnish and Install 6"Diann.C900 DR 18 Fusible PVC Waterline by HDD in Backyard LF 310 $206.37 $ 63,974.70 $595.11 $ 184,484.10 $91.00 $ 28,210.00 B30 lEasement >300 ft Furnish and Install 8"Diann.C900 DR 18 Fusible PVC Waterline by HDD in Backyard LF 310 $261.63 $ 81,105.30 $598.12 $ 185,417.20 $104.00 $ 32,240.00 B31 Easement >300 ft B32 Furnish and Install 2"RNV Gate Valve and Valve Box EA 10 $1,076.47 $ 10,764.70 $1,078.93 $ 10,789.30 $1,130.00 $ 11,300.00 B33 Furnish and Install 4"RNV Gate Valve and Valve Box EA 10 $1,303.79 $ 13,037.90 $1,282.08 $ 12,820.80 $1,400.00 $ 14,000.00 B34 Furnish and Install 6"RNV Gate Valve and Valve Box EA 10 $1,559.80 $ 15 598.00 $3,508.54 $ 35 085.40 $1,760.00 $ 17 600.00 B35 Furnish and Install 8"RNV Gate Valve and Valve Box EA 10 $2,195.34 $ 21 953.40 $3,612.14 $ 36 121.40 $2,470.00 $ 24 700.00 B36 Furnish and Install 4"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $439.84 $ 2,199.20 $291.63 $ 1,458.15 $290.00 $ 1,450.00 B37 Furnish and Install 4"Reducers-All Sizes MJ with Mea Lug Joint Restraint Fitting) EA 2 $291.77 $ 583.54 $279.74 $ 559.48 $242.00 $ 484.00 B38 Furnish and Install 4"Crosses-AII Sizes MJ with Mega Lug Joint Restraint Fitting) EA 2 $761.87 $ 1,523.74 $592.97 $ 1,185.94 $665.00 $ 1,330.00 B39 I Furnish and Install 6"Bends MJ with Mega Lug Joint Restraint Fitting) EA 5 $522.04 $ 2,610.20 1 $939.07 $ 4,695.35 $431.00 $ 2,155.00 B40 Furnish and Install 6"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $469.57 $ 939.14 $988.42 $ 1,976.84 $386.00 $ 772.00 B41 Furnish and Install 6"Crosses-AII Sizes MJ with Mega Lug Joint Restraint Fitting) EA 2 $894.80 $ 1,789.60 $1,025.01 $ 2,050.02 $832.00 $ 1,664.00 B42 Furnish and Install 6"Tees MJ with Mea Lug Joint Restraint Fitting) EA 2 $725.90 $ 1,451.80 $914.27 $ 1,828.54 $705.00 $ 1,410.00 B43 Furnish and Install 8"Bends MJ with Mega Lug Joint Restraint Fitting) EA 5 $658.59 $ 3,292.95 $984.34 $ 4,921.70 $630.00 $ 3,150.00 B44 Furnish and Install 8"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $553.88 $ 1,107.76 $1,008.35 $ 2,016.70 $495.00 $ 990.00 B45 Furnish and Install 8"Crosses-AII Sizes MJ with Mega Lug Joint Restraint Fitting) EA 2 $1,096.45 $ 2,192.90 $1,904.45 $ 3,808.90 $1,035.00 $ 2,070.00 B46 Furnish and Install 8"Tees MJ with Mea Lug Joint Restraint Fitting) EA 2 $930.01 $ 1,860.02 $1,039.74 $ 2,079.48 $905.00 $ 1,810.00 B47 Furnish and Install Copper or HDPE Short Service(Up to 5-ft of Cover EA 50 $1,891.59 $ 94 579.50 $2,310.00 $ 115 500.00 $4,200.001$ 210 000.00 B48 Furnish and Install Copper or HDPE Long Service(Up to 5-ft of Cover) EA 50 $2,843.18 $ 142,159.00 $2,050.78 $ 102,539.00 $5,687.001$ 284,350.00 B49 Reconnect Copper or HDPE Existing Service to Waterline EA 50 $952.82 $ 47,641.00 $1,411.08 $ 70,554.00 $1,300.00 $ 65,000.00 B50 Connection to Existing 2"Waterline conventional sleeve and tee method EA 15 $2,318.11 $ 34 771.65 $1,453.20 $ 21 798.00 $2,850.00 $ 42 750.00 B51 Connection to Existing 4"Waterline conventional sleeve and tee method EA 15 $2,844.91 $ 42 673.65 $1,425.40 $ 21 381.00 $4,213.00 $ 63 195.00 B52 Connection to Existing 6"Waterline(conventional sleeve and tee method) EA 15 $3,161.48 $ 47,422.20 $2,099.29 $ 31,489.35 $6,245.00 $ 93,675.00 B53 Connection to Existing 8"Waterline conventional sleeve and tee method EA 15 $4,723.61 $ 70,854.15 $2,762.39 $ 41,435.85 $8,459.00 $ 126,885.00 B54 Furnish and Install 4"Tapping Sleeve c/vv 2"RW Gate Valve hot tap method EA 5 $2,544.74 $ 12 723.70 $1,965.44 $ 9,827.20 $2,300.00 $ 11 500.00 B55 Furnish and Install 6"Tapping Sleeve c/vv 4"RW Gate Valve hot tap method EA 5 $5,689.17 $ 28 445.85 $4,661.00 $ 23 305.00 $5,267.00 $ 26 335.00 B56 Furnish and Install 8"Tapping Sleeve c/w 4"RW Gate Valve(hot tap method) EA 5 $5,756.26 $ 28,781.30 $4,623.00 $ 23,115.00 $6,184.00 $ 30,920.00 B57 Furnish and Install 8"Tapping Sleeve c/vv 6"RW Gate Valve hot to method EA 5 $6,435.13 $ 32,175.65 $4,976.05 $ 24,880.25 $8,672.00 $ 43,360.00 B58 Furnish and Install 2"Tapping Sleeve c/vv 2"RW Gate Valve(hot tap method) EA 5 1 $2,218.831$ 11 094.15 $1,963.961$ 9,819.80 1 $2,707.001$ 13 535.00 Page 2 of 6 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 28,2023 RFB 4830 JHABORES CONSTRUCTION COMPANY,INC. Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23108 Citywide Waterline Repair/Replace-Small Diameter IDIQ FY2023 P.O.BOX 60089 6229 Leopard St 5114 Balcones Woods Or BASE BID Corpus Christi,TX,78466 Corpus Christi,TX,78409 Austin,TX,78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B59 Furnish and Install 4"Tapping Sleeve c/w 4"RW Gate Valve hot tap method EA 5 $4,136.28 $ 20 681.40 $4,926.50 $ 24 632.50 $6,698.00 $ 33 490.00 B60 Furnish and Install 6"Tapping Sleeve Ow 6"RW Gate Valve(hot tap method) EA 5 $6,449.18 $ 32,245.90 $4,976.05 $ 24,880.25 $8,686.00 $ 43,430.00 B61 Furnish and Install 8"Tapping Sleeve c/w 8"RW Gate Valve hot tap method EA 5 $7,539.65 $ 37,698.25 $5,926.05 $ 29,630.25 $10,676.00 $ 53,380.00 Furnish and Install FH Assembly Long Lead(Tee,Pipe and Valve)Greater than 14'in EA 2 $7,968.24 $ 15,936.48 $7,956.95 $ 15,913.90 $11,262.00 $ 22,524.00 B62 Length B63 Furnish and Install FH Assembly Short Lead(Tee,Pipe and Valve)Up to 14'in Length EA 2 $7,081.62 $ 14,163.24 $8,446.17 $ 16,892.34 $9,693.00 $ 19,386.00 B64 Remove Fire Hydrant EA 2 $965.29 $ 1,930.58 $1,326.44 $ 2,652.88 $2,935.00 $ 5,870.00 B65 Adjust Valve Box,12"and Under EA 2 $494.42 $ 988.84 $560.50 $ 1,121.00 $545.00 $ 1,090.00 B66 Trench Safety for Remove and Install Waterline(Up to 5-ft of Cover) LF 1000 $8.00 $ 8,000.00 $4.46 $ 4,460.00 $10.00 $ 10,000.00 B67 Extra Depth for Trench Safety for Remove and Install Waterline All Pipe Sizes LF 10 $30.00 $ 300.00 $529.00 $ 5,290.00 $36.00 $ 360.00 B68 Trench Safety for Horizontal Directional Drill Pits All Pipe Sizes EA 20 $2,300.00 $ 46 000.00 $2,943.00 $ 58 860.00 $410.00 $ 8,200.00 B69 Furnish and Install Cement Stabilized Sand TONS 200 $180.00 $ 36 000.00 $575.10 $ 115 020.00 $132.00 $ 26 400.00 B70 Clearing and Grubbing AC 2 $2,550.00 $ 5,100.00 $2,950.00 $ 5,900.00 $4,108.00 $ 8,216.00 B71 Furnish and Install Asphalt Pavement Repair SY 200 $185.00 $ 37,000.00 $176.41 $ 35,282.00 $369.00 $ 73,800.00 B72 Sawcut Asphalt All thickness LF 200 $8.00 $ 1,600.00 $369.00 $ 73 800.00 $2.00 $ 400.00 B73 Furnish and Install Asphalt Overlay Per 2"lift greater than 2"thickness SY 50 $50.00 $ 2,500.00 $151.79 $ 7,589.50 $90.00 $ 4,500.00 B74 Remove Asphalt Per 2"lift greater than 2"thickness SY 500 $15.00 $ 7,500.00 $18.88 $ 9,440.00 $12.00 $ 6,000.00 B75 Furnish and Install Compacted Limestone Base per 2"depth SY 20 $15.98 $ 319.60 $143.20 $ 2,864.00 $153.00 $ 3,060.00 B76 Furnish and Install Compacted Limestone Base per 4"depth SY 20 $23.97 $ 479.40 $167.20 $ 3,344.00 $158.00 $ 3,160.00 B77 Furnish and Install Compacted Limestone Base per 6"depth SY 20 $32.69 $ 653.80 $177.00 $ 3,540.00 $163.00 $ 3,260.00 B78 Furnish and Install Concrete Pavement Repair SF 100 $49.00 $ 4,900.00 $209.22 $ 20,922.00 $88.00 $ 8,800.00 B79 Sawcut Concrete Per 2"lift greater than 8"thickness LF 100 $5.00 $ 500.00 $8.85 $ 885.00 $3.00 $ 300.00 B80 Furnish and Install Concrete Thickness per 2"Greater than 8"thickness SF 100 $40.00 $ 4,000.00 $76.70 $ 7,670.00 $18.00 $ 1,800.00 B81 Remove Concrete Per 2"lift greater than 8"thickness SF 100 $15.00 $ 1,500.00 $29.50 $ 2,950.00 $6.00 $ 600.00 B82 Furnish and Install Concrete Driveway Repair SF 500 $29.00 $ 14,500.00 $22.39 $ 11,195.00 $45.00 $ 22,500.00 B83 Furnish and Install Concrete Curb Ramp Repair SF 50 $48.00 $ 2,400.00 $44.25 $ 2,212.50 $60.00 $ 3,000.00 B84 Furnish and Install Concrete Curb and Gutter Repair LF 100 $73.00 $ 7,300.00 $36.68 $ 3,668.00 $53.00 $ 5,300.00 B85 Furnish and Install Concrete Valley Gutter Repair LF 100 $73.00 $ 7,300.00 $41.51 $ 4,151.00 $53.00 $ 5,300.00 B86 Furnish and Install Concrete Sidewalk Repair SF 500 $35.00 $ 17,500.00 $29.86 $ 14,930.00 $30.00 $ 15,000.00 B87 Furnish and Install Seeding SY 200 $5.00 $ 1,000.00 $19.89 $ 3,978.00 $6.00 $ 1,200.00 B88 Furnish and Install Sodding SY 200 $20.00 $ 4,000.00 $34.88 $ 6,976.00 $29.00 $ 5,800.00 B89 Furnish and Install Wooden Fence LF 500 $50.00 $ 25 000.00 $53.10 $ 26 550.00 $47.00 $ 23 500.00 B90 Furnish and Install Chain Link Fencing LF 500 $60.00 $ 30,000.00 $64.90 $ 32,450.00 $47.00 $ 23,500.00 Haul off Concrete(Greaterthan 8 inches in thickness)/Asphalt(Greater than 2 inches HR 5 $185.22 $ 926.10 $182.92 $ 914.60 $107.00 $ 535.00 B91 thickness B92 Abandon 6"to 8"Waterline in Place and Fill with Grout LF 10 $20.68 $ 206.80 $235.86 $ 2,358.60 $62.001$ 620.00 Page 3 of 6 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 28,2023 RFB 4830 JHABORES CONSTRUCTION COMPANY,INC. Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23108 Citywide Waterline Repair/Replace-Small Diameter IDIQ FY2023 P.O.BOX 60089 6229 Leopard St 5114 Balcones Woods Or BASE BID Corpus Christi,TX,78466 Corpus Christi,TX,78409 Austin,TX,78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B93 Tree Removal 4"-8"in Dia. EA 1 $890.00 $ 890.00 $6,997.00 $ 6,997.00 $690.00 $ 690.00 B94 Tree Removal Greater than 8"in Dia. EA 1 $1,320.00 $ 1,320.00 $15,436.00 $ 15,436.00 $1,052.00 $ 1,052.00 B95 Remove and Replace Existin Wooden Fence LF 500 $49.00 $ 24,500.00 $79.40 $ 39,700.00 $49.00 $ 24,500.00 B96 Remove and Replace Existing Chainlink Fence LF 500 $55.00 $ 27 500.00 $74.16 $ 37 080.00 $49.00 $ 24 500.00 B97 Furnish and Install Silt Fence LF 10 $5.00 $ 50.00 $6.03 $ 60.30 $5.00 $ 50.00 B98 Furnish and Install Fiber Rolls LF 10 $13.00 $ 130.00 $19.01 $ 190.10 $19.00 $ 190.00 B99 Furnish and Install Rock Filled Bas LF 1 10 $40.00 $ 400.00 $35.53 $ 355.30 $100.00 $ 1,000.00 B100 Furnish and Install Rock Filter Dam LS 5 $1,500.00 $ 7,500.00 $1,006.00 $ 5,030.00 $4,700.00 $ 23 500.00 B101 Furnish and Install Construction Entrance/Exit LS 5 $3,250.00 $ 16 250.00 $2,996.00 $ 14 980.00 $4,200.00 $ 21 000.00 B102 Furnish and Install Well Pointing for Waterline Installation(Up to tft of Cover) LF 20 $35.00 $ 700.00 $169.83 $ 3,396.60 $125.00 $ 2,500.00 Extra Depth for Well Pointing for Waterline Installation for Each Vertical Foot Over 5-ft of LF 5 $10.00 $ 50.00 $122.46 $ 612.30 $54.00 $ 270.00 B103 Cover,Added Linearly Along the Trench All Pipe Sizes B 104 Curb Inlet Protection LF 100 $10.00 $ 1,000.00 $10.00 $ 1,000.00 $11.00 $ 1,100.00 B105 Owner Directed Pothole Utility EA 5 $2,320.00 $ 11 600.00 $7,092.11 $ 35460.55 $2,300.00 $ 11 500.00 B106 CCTV Inspection of Existing Utility 6"to 24"Dia. LF 100 $5.80 $ 580.00 $49.84 $ 4,984.00 $21.00 $ 2,100.00 B107 Furnish and Install 2"Dia.Waterline Cap EA 5 $222.96 $ 1,114.80 $499.43 $ 2,497.15 $151.001$ 755.00 B108 Furnish and Install 4"Dia.Waterline Cap EA 5 $251.79 $ 1,258.95 $614.89 $ 3,074.45 $166.001$ 830.00 B109 Furnish and Install 6"Dia.Waterline Cap EA 5 $312.99 $ 1,564.95 $866.77 $ 4,333.85 $213.00 $ 1,065.00 B11C Furnish and Install 8"Dia.Waterline Cap EA 5 $404.39 $ 2,021.95 $927.54 $ 4,637.70 $310.00 $ 1,550.00 B111 Emergency-Trench Excavation Safety Protection(All Depths) LF 500 $10.00 $ 5,000.00 $18.75 $ 9,375.00 $40.00 $ 20,000.00 B112 Emergency-Point Repair in Front Easement/ROW,2"Dia.Water Line(All Depths) EA 1 $3,576.94 $ 3,576.94 $4,499.95 $ 4,499.95 $10,300.00 $ 10,300.00 B113 Emergency-Point Repair in Rear/Side Easement,2"Dia.Water Line(All Depth EA 1 $6,901.79 $ 6,901.79 $5,909.86 $ 5,909.86 $10,300.00 $ 10 300.00 B114 Emergency-Point Repair in Front Easement/ROW,4"Dia.Water Line(All Depths) EA 1 $7,309.52 $ 7,309.52 $5,523.32 $ 5,523.32 $14,700.00 $ 14 700.00 B115 Emergency-Point Repair in Rear/Side Easement,4"Dia.Water Line(All Depths) EA 1 $9,526.09 $ 9,526.09 $7,116.44 $ 7,116.44 $14,700.00 1 14,700.00 B116 Emergency-Point Repair in Front Easement/ROW,6"Dia.Water Line(All Depths) EA 4 $9,744.43 $ 38,977.72 $9,999.49 $ 39,997.96 $15,500.00 $ 62,000.00 B117 Emer enc -Point Repair in Rear/Side Easement,6"Dia.Water Line(All Depths) EA 4 $14,177.57 $ 56 710.28 $13,336.91 $ 53 347.64 $15,500.00 $ 62 000.00 B118 Emergency-Point Repair in Front Easement/ROW,8"Dia.Water Line(All Depths) EA 4 $10,149.82 $ 40 599.28 $10,631.42 $ 42 525.68 $17,000.001$ 68 000.00 B119 Emergency-Point Repair in Rear/Side Easement,8"Dia.Water Line(All Depths) EA 4 $14,582.93 $ 58,331.72 $16,443.10 $ 65,772.40 $17,000.001$ 68,000.00 B120 Emergency-Point Repair in Front Easement/ROW,10"Dia.Water Line(All Depths) EA 1 $11,894.35 $ 11,894.35 $10,743.93 $ 10,743.93 $17,000.00 $ 17,000.00 B121 Emergency-Point Repair in Rear/Side Easement,10"Dia.Water Line(All Depths) EA 1 $18,288.30 $ 18 288.30 $13,534.59 $ 13 534.59 $17,000.00 $ 17 000.00 B 122 Emergency-Point Repair in Front Easement/ROW,12"Dia.Water Line(All Depthe EA 1 $13,128.23 $ 13 128.23 $28,999.00 $ 28 999.00 $22,000.00 $ 22 000.00 B 123 Emergency-Point Repair in Rear/Side Easement,12"Dia.Water Line(All Depths) EA 1 $21,044.67 $ 21,044.67 $19,999.00 $ 19,999.00 $22,000.00 $ 22,000.00 B 124 Emergency-Point Repair in Front Easement/ROW,16"Dia.Water Line(All Depths) EA 1 $16,214.23 $ 16,214.23 $39,211.72 $ 39,211.72 $27,000.00 $ 27,000.00 B 125 Emer enc -Point Repair in Rear/Side Easement,16"Dia.Water Line(All Depths) EA 1 $25,080.51 $ 25 080.51 $23,899.72 $ 23 899.72 $27,000.00 $ 27 000.00 Emergency-Extra Length Point Repair in Front Easement/ROW,2"Dia.Water Line(All LF 3 $175.29 $ 525.87 $450.00 $ 1,350.00 $145.00 $ 435.00 B 126 Depths) Page 4 of 6 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 28,2023 RFB 4830 JHABORES CONSTRUCTION COMPANY,INC. Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23108 Citywide Waterline Repair/Replace-Small Diameter IDIQ FY2023 P.O.BOX 60089 6229 Leopard St 5114 Balcones Woods Or BASE BID Corpus Christi,TX,78466 Corpus Christi,TX,78409 Austin,TX,78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Emergency-Extra Length Point Repair in Rear/Side Easement,2"Dia.Water Line(All LF 3 $230.70 $ 692.10 $590.99 $ 1,772.97 $145.00 $ 435.00 B 127 Depths) Emergency-Extra Length Point Repair in Front Easement/ROW,4"Dia.Water Line(All LF 3 $204.55 $ 613.65 $552.33 $ 1,656.99 $155.00 $ 465.00 B128 Depths) Emergency-Extra Length Point Repair in Rear/Side Easement,4"Dia.Water Line(All LF 3 $280.54 $ 841.62 $711.64 $ 2,134.92 $155.00 $ 465.00 B129 Depths) Emergency-Extra Length Point Repair in Front Easement/ROW,6"Dia.Water Line(All LF 3 $244.28 732.8 $999.95 $ 2,999.85 $198.00 594.00 B130 Depths) Emergency-Extra Length Point Repair in Rear/Side Easement,6"Dia.Water Line(All LF 3 $355.11 $ 1,065.33 $1,333.69 $ 4,001.07 $198.00 $ 594.00 B131 Depths) Emergency-Extra Length Point Repair in Front Easement/ROW,8"Dia.Water Line(All LF 3 $303.98 $ 911.94 $1,063.14 $ 3,189.42 $223.00 $ 669.00 B132 Depths) Emergency-Extra Length Point Repair in Rear/Side Easement,8"Dia.Water Line(All LF 3 $481.31 $ 1,443.93 $1,644.31 $ 4,932.93 $223.00 $ 669.00 B133 Depths) Emergency-Extra Length Point Repair in Front Easement/ROW,10"Dia.Water Line(All LF 3 $385.46 $ 1,156.38 $1,777.31 $ 5,331.93 $246.00 $ 738.00 B134 Depths) Emergency-Extra Length Point Repair in Rear/Side Easement,10"Dia.Water Line(All LF 3 $717.95 $ 2,153.85 $2,644.31 $ 7,932.93 $246.00 $ 738.00 B135 Depths) Emergency-Extra Length Point Repair in Front Easement/ROW,12"Dia.Water Line(All LF 3 $512.83 $ 1,538.49 $5,899.66 $ 17,698.98 $328.00 $ 984.00 B136 Depths) Emergency-Extra Length Point Repair in Rear/Side Easement,12"Dia.Water Line(All LF 3 $1,399.46 $ 4,198.38 $3,967.00 $ 11,901.00 $328.00 $ 984.00 B137 Depths) Emergency-Extra Length Point Repair in Front Easement/ROW,16"Dia.Water Line(All LF 3 $771.97 $ 2,315.91 $6,621.72 $ 19,865.16 $403.00 $ 1,209.00 B138 Depths) Emergency-Extra Length Point Repair in Rear/Side Easement,16"Dia.Water Line(All LF 3 $2,766.89 $ 8,300.67 $2,189.78 $ 6,569.34 $403.00 $ 1,209.00 B139 Depths) Emergency-Remove and Replace Asphalt Pavement,3"HMAC and 12"Limestone Base SY 100 $264.00 $ 26,400.00 $193.77 $ 19,377.00 $450.00 $ 45,000.00 B140 B141 Emergency- emoveand Replace Concrete Pavement,u to 12'.Thick SY 200 $360.00 $ 72 000.00 $314.00 $ 62 800.00 $337.00 $ 67 400.00 B142 Emergency-Furnish and Install Temporary Asphalt Pavement,Up to 8"Thick SY 100 $153.00 $ 15,300.00 $128.33 $ 12,833.00 $309.00 $ 30,900.00 B143 Emergency-Flowable Fill Backfill,Complete and In-Place CY 40 $174.12 $ 6,964.80 $159.50 $ 6,380.00 $344.00 $ 13,760.00 B144 Emergency-Cement Stabilized Sand,Complete and In-Place TONS 200 $250.10 $ 50 020.00 $298.00 $ 59 600.00 $198.00 $ 39 600.00 B145 Emergency-Site Restoration with SeedingSF 200 $1.80 $ 360.00 $2.48 $ 496.00 $6.40 $ 1,280.00 B146 Emergency-Site Restoration with Sodding SF 200 $2.50 $ 500.00 $16.52 $ 3,304.00 $33.00 $ 6,600.00 B147 Emergency-Remove and Replace Chainlink Fence LF 50 $60.00 $ 3,000.00 $64.90 $ 3,245.00 $54.00 $ 2,700.00 B148 Emergency-Remove and Replace Wooden Fence LF 50 1 $55.00 $ 2,750.001 $53.10 $ 2,6 5.00 $54.00 $ 2,700.00 B149 Emer enc -Install New Chainlink Fence LF 500 $65.00 $ 32 500.00 $64.90 $ 32,45.00 $54.00 $ 27 000.00 B150 Emergency-Install New Wooden Fence LF 500 1 $60.001 30,000.00 1 $53.10 $ 26,550.00 1 $54.001$ 27,000.00 Page 5 of 6 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 28,2023 RFB 4830 JHABORES CONSTRUCTION COMPANY,INC. Clark Pipeline Services,LLC Guerra Underground,LLC PROJECT NO.23108 Citywide Waterline Repair/Replace-Small Diameter IDIQ FY2023 P.O.BOX 60089 6229 Leopard St 5114 Balcones Woods Or BASE BID Corpus Christi,TX,78466 Corpus Christi,TX,78409 Austin,TX,78759 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B 151 Emergency-Remove and Replace Concrete Driveway SF 200 $25.00 $ 5,000.00 $27.93 $ 5,586.00 $56.00 $ 11 200.00 B152 Emergency-Remove and Replace Concrete Sidewalk SF 200 $23.00 $ 4,600.00 $29.82 $ 5,964.00 $38.00 $ 7,600.00 B153 Emergency-Remove and Replace Curb and Gutter LF 150 $73.00 $ 10,950.00 $44.96 $ 6,744.00 $60.00 $ 9,000.00 B154 Emergency-Furnish and Install Copper or HDPE Short Service(Up to 5-ft of Cover EA 150 $1,893.88 $ 284 082.00 $3,050.00 $ 457 500.00 $6,400.00 $ 960 000.00 B155 Emergency-Furnish and Install Copper or HDPE Long Service(Up to 5-ft of Cover EA 20 $2,843.18 $ 56 863.60 $2,086.87 $ 41 737.40 $8,700.00 $ 174 000.00 SUBTOTAL PART B-WATERLINE IMPROVEMENTS Items 131 thru B155 $ 3,362,773.78 $ 4,403,123.27 $ 4,420,241.00 Part C-ALLOWANCE C1 Bonds and Insurance(Maximum of 2%of Project Total) AL 1 $35,115.00 $ 35,115.00 $100,000.00 $ 100,000.00 $100,000.00 $ 100,000.00 C2 Preparation of Traffic Control Plans AL 1 $150,000.00 $ 150,000.00 $150,000.00 $ 150,000.00 $150,000.00 $ 150,000.00 C3 Disposal of Contaminated Ground Water AL 1 $25,000.00 $ 25,000.00 $25,000.00 $ 25,000.00 $25,000.00 $ 25,000.00 C4 Miscellaneous Utility Improvements AL 1 $100,000.00 $ 100,000.00 $100,000.00 $ 100,000.00 $100,000.00 $ 100,000.00 C5 Services of a State Licensed Surveyor AL 1 $30,000.00 $ 30,000.00 $30,000.00 $ 30,000.00 $30,000.00 $ 30,000.00 C6 Other Emergency Items AL 1 $100,000.00 $ 100,000.00 $100,000.00 $ 100,000.00 $100,000.00 $ 100,000.00 C7 Furnish and Install Line Stop all sizes and Other Unanticipated Water Improvements AL 1 $200,000.00 $ 200,000.00 $200,000.00 $ 200,000.00 $200,000.00 $ 200,000.00 SUBTOTAL PART C-ALLOWANCE Items C1 thru C7 $ 640,115.00 $ 705,000.00 $ 705,000.00 TOTAL BASE BID $ 4,197,888.78 $ 5,188,123.27 $ 5,379,481.00 1**—Notesreg oding any bidder deemed Non-Responsive or Non-Res onsible***** Page 6 of 6 Capital Improvement Plan 2023 MR' 2025 City of Corpus Christi, Texas Project# 19010/23073 ,.. Project Name Citywide Water Line Repair/Replace-Small Diameter Type Improvement/Additions Department Water Department Useful Life 40 years Contact Director of Water Utilities T Category Water Distribution Priority 2 Critical-Asset Condition\longevity /-- aagionalwaryy.?. Status Active Description -� - - This project provides the replacement of small diameter water lines within the City's water distribution system. The strategic life cycle management and replacement of these assets is predicated on an a likelihood-of-failure(LOF)risk analysis that utilizes historical failure data, condition assessments and asset specifications. The program is flexible and provides a systematic approach to replacing aging water lines while enhancing water quality.Additional benefits will include increased distribution reliability with reduced service outages and reduced operational costs. Justification The extension of service life for water mains is critical to ensuring integrity of the system. This project itself does not increase revenue or decrease expenses,but prevents cost of maintenance from rising. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 6,000,000 10,000,000 10,000,000 10,000,000 36,000,000 Eng,Admin Reimbursements 55,217 500,000 500,000 500,000 1,555,217 Total 6,055,217 10,500,000 10,500,000 10,500,000 37,555,217 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 6,055,217 10,500,000 10,500,000 10,500,000 37,555,217 Total 6,055,217 10,500,000 10,500,000 10,500,000 37,555,217 Budget Impact/Other 71 There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. 348 Corpus Chr s[i Engineering Citywide Water Line Repair/Replace- Small Diameter IDIQ FY2023 Part B Council Presentation August 15, 2023 Project Location ` Corpus Chr sti Engineering N W E S VICINITY MAP � i� CITYWIDE PROJECT Project Number:23708 Project Scope Corpus Chr sti Engineering Proposed improvements are as follows: • Project will include removal and abandonment of water lines, installation of new 8-inch to 8-inch (max) water lines by open trenching or horizontal directional drilling, casing, new fire hydrants, valves, fittings, services, pavement repairs, and other miscellaneous items required to complete the project. • Project also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on- call during the Contract to provide emergency response on-call services. • Emergency Delivery Orders will include improvements for water lines from 2- inch to 16-inch (max). 3 Project Schedule Corpus Chr sti Engineering 2023 2023 - 2024 May - AugustSeptember - September Bid/ Award Construction 4 Projected Schedule reflects City Council award in August 2023 with anticipated completion in September 2024. °° p uyu i IV,i CITYWIDE PROJECT X w E 0 CORPUS CHRISTI BAY a a< �° S s 3 � Q VICINITY MAP s P NOT TO SCALE CITYWIDE PROJECT r; V ad VI`iiQ IIIIO 1'I W as_ Ip it AERIAL MAP NOT TO SCALE Project Number: 23108 CITYWIDE WATERLINE REPAIR/REPLACE CITY COUNCIL EXHIBIT SMALL DIAMETER IDIQ FY2023 PART B CITYOFCOFENGINRPUS ERINRISTI,TEXAS ERV DEPARTMENT OF ENGINEERING SERVICES so �o o11 �A v AGENDA MEMORANDUM WoRPORPg4 Action item for the City Council meeting of August 22, 2023 1852 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police m i kema(cD-cctexas.com (361) 886-2601 Approval to submit a grant application to the U. S. Department of Justice for the FY 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program and enter into an Interlocal Agreement with Nueces County to split grant funds if awarded CAPTION: Resolution authorizing the submission of a grant application for the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program in the amount of$227,389.00 for the Corpus Christi Police Department; and authorizing an Interlocal Agreement with Nueces County for the distribution of Justice Assistance Grant Program funds in the amount of$113,694.00 to Nueces County and $113,695.00 to the City of Corpus Christi should the grant be awarded. SUMMARY: This is a resolution to authorize the submission of a grant application to the U.S. Department of Justice for the FY 2023 Edward Byrne Memorial Justice Assistance Grant Program and also to enter into an Interlocal Agreement with Nueces County to split the grant funds between the City and Nueces County should the grant be awarded. BACKGROUND AND FINDINGS: The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than the Nueces County, yet Nueces County is responsible for providing criminal justice services such as incarceration and prosecution for the City. Because of this, the City has agreed to split the funds with Nueces County. The agreement between the City and Nueces County to split the funds received by the City from the Edward Byrne Memorial Justice Assistance Grant Program has been in place since 2008. Under the Justice Assistance Grant(JAG), Corpus Christi was declared a disparate jurisdiction in 2008 by the Department of Justice. 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 United State Department of Justice's Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and Nueces County have agreed that the City will serve as the lead agency, as has been the case in the past. The City and Nueces County agree to enter into a new interlocal agreement each year when beginning the JAG application process. The interlocal agreements are specific to each JAG grant's particular requirements. Nueces County Commissioners Court approved the interlocal agreement on August 9, 2023. The City will use the funds received from this grant to partially fund year two of the five-year lease agreement between the City and Axon Enterprise, Inc. for 445 tasers, supplies, software licenses, and training for the Corpus Christi Police Department. The five-year lease agreement between the City and Axon Enterprise, Inc. was approved by the City Council on September 13, 2022. The City used a combination of funds from the Crime Control and Prevention District and the FY 2022 Edward Byrne Memorial Justice Assistance Grant to fund the first year of the five-year lease agreement between the City and Axon Enterprise, Inc. With this award, the program has provided a total of$6,375,658.00 in grant funds to the City since the program began in 1996. In previous years, the funds have been used to purchase vehicles and other law enforcement equipment. Last year, the City received $206,608 from this grant. ALTERNATIVES: The alternative is not to apply for the grant which will result in the City not receiving the potential grant funds in order to partially fund year two of the five-year lease agreement between the City and Axion Enterprise, Inc. It will also result in the City not entering into the interlocal agreement with Nueces County in order for the City split the funds received from the grant with Nueces County for their work in providing criminal justice services such as incarceration and prosecution for the City. FINANCIAL IMPACT: There is no match required by the City. Funding Detail: Fund: 1061 Police Grants Fund Department: 29 Project# (CIP Only): N/A Account: 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends submitting the grant application and entering into the interlocal agreement with Nueces County, as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with Nueces County Resolution authorizing the submission of a grant application for the FY 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $227,389.00; and authorizing an Interlocal Agreement with Nueces County for the distribution of JAG Program funds in the amount of$113,694.00 to Nueces County and $113,695.00 to the City of Corpus Christi 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 $227,389.00 to the US Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2022, with funds to be distributed to the City of Corpus Christi in the amount of $113,695.00 and Nueces County in the amount of $113,694.00 under the Interlocal Agreement. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms to distribute $113,694.00 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2023 to Nueces County. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Michael Hunter Jim Klein Mike Pusley Everett Roy Sylvia Campos Roland Barrera Dan Suckley Gil Hernandez ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor 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 2023 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2023, 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, 20137 20147 20157 20167 20177 20187 20197 20207 2021, and 2022 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$113,694.00, JAG funds received from Fiscal Year 2023 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 1 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 $113,694.00 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent(50%), or current estimate of$113,694.00, of JAG funds received from CITY under this agreement for the enhancement of law enforcement until September 30, 2026. 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 2 of 3 GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUNTY OF NUECES Peter Zanoni Connie Scott City Manager County Judge ATTEST: Rebecca L. Huerta Kara Sands City Secretary County Clerk APPROVED AS TO FORM: Adelita Cavada Jenny P. Dorsey Assistant City Attorney County Attorney For City Attorney Date Date Page 3 of 3 so �o o� A H AGENDA MEMORANDUM µoRPORPg4 Action Item for the City Council meeting of August 22, 2023 1852 DATE: August 22, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police m i kema(cD-cctexas.com (361) 886-2601 Approval to accept and appropriate a grant from the Motor Vehicle Crime Prevention Authority to continue the activities of the Auto Theft Task Force in the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of $822,431 with a City cash match of $169,372 and an in-kind match of $714,806, for a total project cost of $1,706,609 for salaries, overtime, and fringe benefits for four sworn officers three civilians (authorizing two additional general fund positions), and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of the grant funds from the Motor Vehicle Crime Prevention Authority for the Corpus Christi Police Department (CCPD). The grant funds will go toward salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force's program. It also designates the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or Director of Finance's designee as financial officer for this grant. BACKGROUND AND FINDINGS: The City of Corpus Christi has been awarded funding from the Motor Vehicle Crime Prevention Authority(MVCPA) to continue the Motor Vehicle Theft Unit in the Police Department. The MCVPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$4 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The amount awarded to the City is based upon the number of auto thefts in the area and the performance of the Auto Theft Task Force's program. The unit focuses not only on detection and apprehension of stolen and burglarized vehicles, but also on the automotive businesses in the City and County in order to reduce the sale of stolen vehicles and parts. CCPD reports stolen vehicles in the Texas Crime Information Center(TCIC),which is then shared with the National Crime Information Center(NCIC). Both TCIC and NCIC provide immediate access to vehicle data for law enforcement agencies researching the status of the stolen vehicles. As part of the grant's requirements, there is an extensive public awareness campaign process put on by the Motor Vehicle Theft Unit. The public awareness campaign includes public outreach events, media interviews, public presentations, sign and bus wrap campaigns, social media campaigns, and other crime prevention initiatives. The ultimate purpose of the various public awareness campaign activities is to reduce victim-assisted auto crime. Examples of victim-assisted auto crimes include leaving cars unlocked, leaving keys in vehicles, and leaving valuable items inside vehicles, especially in plain sight. The grant provides funds for one Lieutenant to supervise the Auto Theft Task Force unit, consisting of three additional sworn CCPD officers and three civilians (seven total employees). This year's grant award increases the number of sworn officers in the unit by one (from three to four) and the number of civilians in the unit by one (from two to three). As part of the Auto Theft Task Force unit, the civilians conduct data analysis, crime analysis, manage the required public awareness campaign, provide customer service to victims of auto crime, and maintain grant paperwork. The General Fund match is for vehicle maintenance on nine vehicles, unit operating expenses, training, and for salary, benefits, and overtime of four additional sworn officers who currently work in the auto theft and auto burglary bureau. In-kind contributions include a copy machine and office space. The grant requires designating the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or the Director of Finance's Designee, as financial officer for this grant. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end. The City must reapply each year because the MVCPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. This year's grant period is from September 1, 2023 through August 31, 2024. The City has received the grant for 24 years. Last year, the City received $429,518. The City must apply for these funds each year. ALTERNATIVES: The alternative is not to accept the grant. However, if the grant is not accepted and appropriated, funding for the Auto Theft Task Force will be lost or reduced. This will result in less law enforcement activities being put toward decreasing auto thefts in and around Corpus Christi. It will also mean that it is less likely that the City will receive this grant in the future. FISCAL IMPACT The Police General Fund will provide a cash match of $169,372 for unit operating expenses, training, and supplies and an in-kind contribution of$714,806 for sworn officers' salaries/benefits, overtime and supplies. The City cash match for FY 2023 is $14,114 for one month and is available in the FY 2023 Police Department General Fund. For FY 2024, $155,258 is included in the proposed FY 2024 Police Department General Fund. Funding Detail: FY 2023 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Department: 29 Project# (CIP Only): N/A Account: Various Amount: $14,114.00 FY 2024 Fund: 1061 Police Grants Fund Organization/Activity: 89 Department: 29 Project# (CIP Only): N/A Account: Various Amount: $822,431.00 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Department: 29 Project# (CIP Only): N/A Accounts: Various Amount: $155,258.00 RECOMMENDATION: Staff recommend accepting and appropriating the grant award and also designating the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or Director of Finance's designee as financial officer for this grant, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$822,431 with a City cash match of $169,372 and an in-kind match of $714,806, for a total project cost of $1,706,609 for salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $822,431 in the Police Grants Fund. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and WHEREAS, City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Chief of Police is allowed to execute all documents necessary to accept a grant from the Motor Vehicle Crime Prevention Authority(MVCPA) in the amount of $822,431.00 to continue the Auto Theft Task Force unit activities within the Police Department for Year 24, with a City cash match of $169,372.00 and in-kind contribution of 714,806.00, for a total project cost of $1,706,609.00 to fund four sworn officers and three civilians. SECTION 2. That $822,431.00 from the MVCPA is appropriated in the No. 1061 Police Grants Fund to fund four sworn officers and three civilians and continue the motor vehicle theft enforcement grant within the Police Department. SECTION 3. That the Chief of Police is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority grant program and all other necessary documents to accept said grant. SECTION 4. That the Deputy Chief of Police of the Criminal Investigations Division is designated as the Program Director, and the Director of Finance or the Director of Finance's designee is designated as the Financial Officer for this grant. SECTION 5. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 7 20237 by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the of , 20237 by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on the day of , 2023: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor r I Texas Department of Motor Vehicles W HELPMNG TEXANS GO,HELPING TEXAS GR04'. Watch Your Car Motor Vehicle Crime Prevention Authority FY2024 Grant Award Notification, Application Review and Request to Negotiate July 31, 2023 Greetings: The Motor Vehicle Crime Prevention Authority (MVCPA) met on June 15th, 2022, and issued an FY2024 New Taskforce Grant Award to the City of Corpus Christi in response to the application that was submitted by The Application was submitted by Mike Markle at 5/12/2023 12:57:36 PM. FY24 Grant Award Amount $822,431 Grant Amount Requested $822,431 Difference between request and award amount is 0 Proposed FY2024 Cash Match in Application $169,372 Minimum Amount of Cash Match Required to receive this Award $169,372 The City of Corpus Christi submitted the original grant applications in the on-line system at https://mvcpa.tamu.edu/.To receive a Statement of Grant Award the grant application must be adjusted to ensure that the application budget is changed to reflect the actual award and match indicated above. There may be some errors,omissions, corrections or other information that must be edited prior to the Statement of Grant Award being issued. A grantee representative must log back into the on-line system at https://mvcpa.tamu.edu/and edit the Negotiated Application Link.The edits must change the budget and match to be the same as the award and cash match amounts. Budget support tables must be updated also. In addition to changing the budget and budget narrative to meet the program costs stated above there are issues identified by MVCPA Board members and staff during the review that the Applicant must address: Required Corrections or Deletions • Budget o Please move EDUCATION + LONGEVITY + SPECIALIZATION + CERTIFICATION + PLAIN CLOTHING ALLOWANCE + UNIFORM CLEANING ALLOWANCE from Personnel to Fringe per a change in Corpus Christi's internal expense reporting practice. o Please provide additional detail for maintenance mapping agreements so MVCPA can review and determine if it is a specific cost to the Taskforce or general cost of government. o Please provide additional information and a cost breakdown for Self-Insurance and Other Benefits under fringe to determine if these should be under fringe, in another budget category and is an allowable expense. o Please provide additional information and a cost background to Covert Tracker to determine if this is a single item that should be categorized as equipment or multiple items which would be under the threshold and could be under Supplies and DOE. • Need/Specific/Impactful o Consider providing how Burglary from a motor vehicle affects the community in Section 2.1. Mention how the losses cause a harm to the community. • Applicant Pervious Performance Measures o Some performance data as reported in FY23 Progress reports could indicate data from other division within the Corpus Christi Police Department. When reporting performance in FY24, please ensure that data for recoveries, arrests, and cleared cases are reported within MVCPA guidelines. 4000 Jackson Avenue—Austin,Texas 78731—512/465-1485—Fax 512/465-3775 www.txwatchyourcar.com Score Table The table below provides the score review section,the corresponding application sections,the points available for each section and the submitted grant application score: GRANTEE Grant App Section Reviewed to Score Points Section Available Score Q1. Budget R&A Grant Budget Form 4 3.2 Q2. Budget Match Grant Budget Form 3 2.4 Q3. Budget Explained Grant Budget Form 3 2 Q4. Need Objective. BMV Grant Problem Statement DPS Data 10 7 Q5. Need Subjective. BMV Grant Problem Statement Sections 2.1&2.4 25 25 Q6. Need Obj. MVT Grant Problem Statement DPS Data 10 8.4 Q7. Need Sub. MVT Grant Problem Statement Section 2.2&2.4 6 4.2 Q8. Reason, Real.Time. Explained Grant Goals and Activities Part 1 Section 3.1&3.2 4 3.4 Q9. Awareness/Crime Prevention Grant Goals and Activities Part 1 Section 3.3 3 2.6 Q10. Avoid overlap/collaboration Grant Goals and Activities Part 1 Section 3.4 3 2.6 Q11. Evaluation Grant Goals and Activities Part 2—SGA and Section 4.1 4 4 Q12. Previous Performance 25 16.2 Overall Total from Score System 100 66.83333 (may not total as presented) Dark Green=Excellent Green=Good Yellow=Marginal Red=Poor Instructions Please log in to https://mvcpa.tamu.edu/ and select under Application Negotiation the Edit Application link. You may then edit the document and make required or needed changes.Specific budget line items that must be modified or have questions answered will be colored yellow in the budget line item edit screens(click on blue budget category items link to see specific line items of costs). You may schedule a teleconference appointment with MVCPA staff by sending an e-mail to grantsMVCPA@txdmv.gov to discuss any issues or request assistance with the grant application, required changes, or the negotiation process.