CITY OF LAREDO SPECIAL CITY COUNCIL MEETING A-2018-sc-04 CITY COUNCIL CHAMBERS 1110 HOUSTON STREET ↵ LAREDO, TEXAS 78040 April 2, 2018 3:00 P.M.
DISABILITY ACCESS STATEMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Jose A. Valdez Jr., City Secretary, at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made. The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.
Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal. Thank you for your consideration.
Pursuant to the Texas Penal Code (trespass by holder of license to carry a handgun), a person licensed under Subchapter H, Chapter 411, Government Code (Concealed Handgun Law or Handgun Licensing Law), may not enter into the City Council Chamber while City Council is in session with a concealed or openly-carried handgun.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. MOMENT OF SILENCE
IV. ROLL CALL
Citizen comments Citizens are required to fill out a witness card and submit it to the City Secretary no later than 3:15 p.m. and identify themselves at the microphone. Comments are limited to three (3) minutes per speaker. No more than three (3) persons will be allowed to speak on any side of an issue. Should there be more than three (3) people who wish to speak on a particular issue,
1 they need to select not more than three (3) representatives to speak for them and the presiding officer may limit the public comments further in the interest of an orderly meeting. Speakers may not pass their minutes to any other speaker. Comments should be relevant to City business and delivered in a professional manner. No derogatory remarks will be permitted.
V. INTRODUCTORY ORDINANCES
1. An Ordinance of the City of Laredo, Texas, amending Ordinance 2017-O-110 to authorize the City Manager to waive or reduce the City of Laredo Bridge System toll fees for special events on a case-by-case basis as recommended by the Bridge Department Director when deemed in the best interest of the City; providing that this ordinance shall be cumulative; providing for severability; and declaring an effective date.
2. Authorizing the City Manager to execute a lease agreement renewal with Securitas Security Services USA, Inc., sole source as per Customs and Border Protection approved security contract, for approximately 120 square feet of office space and an exclusive office entry lane for approximately 1,020 square feet at Juarez-Lincoln International Bridge (Bridge II). Lease term will be for two (2) years commencing April 1, 2018 and ending on March 31, 2020. Monthly rent will be $3,500.00 for approximately 120 square feet of office space and an exclusive office entry lane of approximately 1,020 square feet at Juarez-Lincoln International Bridge (Bridge II). The lease may be terminated by either party with a thirty (30) day written notice.
3. Authorizing the City Manager to exercise the option to renew the lease between the City of Laredo and the United States Postal Service (USPS) for the rental of office space at the old federal courthouse located at 1300 Matamoros. The term of the extension is to be for an additional two (2) years for the period of June 1, 2018 to May 31, 2020 with the annual rental rate set and agreed by both parties at ninety-six thousand dollars ($96,000.00).
VI. CONSENT AGENDA All of the following items may be acted upon by one motion. No separate discussion or action on any of the items is necessary unless desired by a Council Member.
VI (a) RESOLUTIONS
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4. 2018-R-46 Ratifying the execution of a contract amendment with the Texas Health and Human Services Commission (HHSC) in the amount of $69,000.00 with a cash match of $6,900.00 for a total amount of $649,175.00 for the City of Laredo Health Department (CLHD) Nurse Family Partnership (NFP) program to provide first time mothers and their newborn home nursing visitation to improve health outcomes for women and for the first two years of the newborn's development and wellness for the term from September 1, 2017, through August 31, 2018.
5. 2018-R-48 Authorizing the City Manager to accept a contract amendment from Texas A&M International University (TAMIU) in the amount of $20,085.00 for a total amount of $248,555.00 for the Sí Texas – Juntos For Better Health Program for the term period from May 1, 2017 through July 31, 2018.
6. 2018-R-49 Declaring support for and requesting Entravision Communications restore the local Noticias Univision 27 and Laredo Fox News newscasts for the purpose of keeping our diverse population informed as active participants in our society.
7. 2018-R-50 Resolution adopting the Annexation Plan for the City of Laredo pursuant to Section 43.052 of the Texas Local Government Code and invoking exceptions to an annexation plan pursuant to Section 43.052(h) of the Local Government Code.
VI (b) MOTIONS
8. Consideration for approval to ratify the award of work order to Thyssenkrupp Elevator Corporation, of Memphis, Tennessee in the amount of $67,551.64 to complete comprehensive maintenance and repairs of escalator units at the Laredo International Airport Passenger Terminal. Completion time is approximately 3-4 weeks. Funding is available in Airport Operations Fund.
9. Consideration to ratify award to Wunderlich-Malec Systems, Inc, Eden Praire, MN with hub in Addison, TX, in the total amount of $64,164.53 to repair Airport Police equipment hardware, software, and programming of security system at various locations at the Laredo International Airport. Repair time is approximately 2 weeks. Funding is available in the Airport Operations Fund.
3 10. Consideration to appoint a Mayor Pro Tempore as per Ordinance 2011-O-029 and whose one year term shall start April 2, 2018.
11. Authorizing the City Manager to execute a contract with Park Place Recreation Designs, Inc., for the purchase and installation of playground equipment amenities for Farias Recreational Improvements in the amount of $83,602.00. This purchase is utilizing the BuyBoard Cooperative Purchasing Program; contract # 512-16. Funding is available in the Community Development Block Grant.
12. Authorizing the City Manager to amend the 2016 Emergency Solutions Grant (ESG) contracts with Bethany House of Laredo, Inc. and Casa de Misericordia (CASA) by increasing the total amount awarded to each agency by an additional $7,350.00 in funding and extending the contract deadline to August 10, 2018. The additional awarded funds will be utilized to cover expenses related to maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishing and/or supplies necessary for the operations of the emergency shelter.These available ESG funds are administrative savings and must be utilized for eligible ESG activities.
13. Authorizing the City Manager to approve an amendment to BluLynx Solutions, Inc. contract due to the U.S. Department of Housing and Urban Development (HUD) updated notice regarding the submission of the Assessment of Fair Housing (AFH). The amendment will revise the scope of work to complete a robust Analysis of Impediments (AI) to Fair Housing Choice. This is a no increase cost to the contract amount.
14. Consideration for approval of the CDBG Sidewalk Project District II (12 City-Blocks) as complete, release of retainage and approval of final payment in the amount of $7,498.00 to ALC Construction, Inc., Laredo, Texas. Final construction contract amount is $74,980.00. Funding is available in the CDBG 42nd Action Year Grant.
15. Consideration for approval to award a professional services contract to RS&H, San Antonio, Texas, for an amount of $322,778.00 to prepare an overall Land Use Development Plan (LUDP) for airport-owned property that is predominantly “outside-the-fence” for the Laredo International Airport. LUDP is to be done on a fast track basis. Funding is available in the Airport Construction Fund.
16. Consideration for approval to award a construction contract to the lowest
4 16. Consideration for approval to award a construction contract to the lowest qualified bidder AZAR Services, L.L.C., Laredo, Texas, in the amount of $93,952.40 (which includes the base bid and additive alternate) for the Bartlett Sports Complex Park Basketball Court Project with a construction contract time of ninety (90) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Completion date for the project is scheduled for July 2018. Funding is available in the 2016 CO.
17. Motion adopting the following schedule of hearings and proceedings for voluntary annexations for calendar year 2018: April 3, 2018 Begin annexation petition/application submissions. May 8, 2018 Annexation petition/application deadline at 5:00 p.m. July 16, 2018 Council meeting authorizing by motion the drafting of annexation agreements and service plans for submitted annexation requests and refer to Planning and Zoning Commission. August 16, 2018 Planning and Zoning Commission meeting and review of proposed annexation and proposed zoning designations. September 4, City Council holds first public hearing on proposed 2018 annexation/s. Loc. Gov't Code §43.063. September 17, City Council holds Second public hearing on proposed 2018 annexation/s. Loc. Gov't Code §43.063. October 1, 2018 City Council meeting: Introduction of an ordinance instituting annexation proceedings and adopting a service plan for the areas to be annexed and establishing zoning. (Not more than forty (40) nor less than twenty (20) days from the date of public hearings. (Institution of Proceedings). October 15, 2018 City Council Meeting: Second reading and adoption of annexation ordinance of an ordinance instituting annexation proceedings and adopting a service plan for the areas to be annexed and establishing zoning. (Completion of Proceedings). Loc. Gov't Code §43.064.
18. Consideration to award annual service contract FY18-040 to the sole bidder Austin Wood Recycling, Cedar Park, Texas in an amount up to $100,000.00 for the grinding of wood waste material (brush, branches, pallets, etc.,) at the City Landfill. Approximately 100,000 cubic yards of material will be disposed on an annual basis. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. This contract allows for two additional, one year extensions upon mutual agreement of the parties. Funding is available in the Solid Waste Services Department Fund.
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19. Consideration to authorize a professional services contract with Lockwood, Andrews & Newnam, Inc., in the estimated amount of $599,999.30 to develop traffic signal coordination timing plans for 6 high traffic volume time periods on FM 1472 /Mines Road (am, noon, pm & off-peak, Monday peak and Friday peak). Also, develop traffic signal coordination timing plans for 4 typical weekday high traffic volume time periods (am, noon, pm & offpeak) along US Highway 83 (Zapata Highway), Bob Bullock Loop (Loop 20), McPherson Road, State Highway 359, Business IH35 and IH 35 Frontage Roads for a total of 80 traffic signal controlled intersections. This project is being funded by Coordinated Border Infrastructure (CBI) Funds. Funding is available in the Capital Grants Fund.
END OF CONSENT AGENDA
VII. STAFF REPORTS
20. Discussion with possible action on ongoing audits and/or irregularities identified by the Internal Auditor including the potential assignment of other and/or additional auditing duties; and any other matters incident thereto.
21. Discussion with possible action regarding the implementation of an election candidate filing fee or signature petition in lieu of filing fee, through a Charter amendment and any other matters incident thereto.
22. Discussion with possible action to consider a first request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code for Patrol Officer Alfredo Rodriguez.
23. Discussion with possible action to consider a first request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code for Police Captain Guadalupe A. Ortiz.
VIII. EXECUTIVE SESSION
The Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any posted agenda item when authorized by Texas Government Code Sections 551.071 (Consultation with Attorney), 551.072 (Deliberations about Real Property), 551.073 (Deliberations about Gifts and Donations), 551.074 (Personnel Matters), 551.076 (Deliberations about Security Devices), and/or 551.086 (Economic Development). Following closed session, the open meeting will reconvene at which time action, if any, may 6 closed session, the open meeting will reconvene at which time action, if any, may be taken.
IX. GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS
A. Request by Council Member Vidal Rodriguez 1. Presentation on the “Big Event” a community engagement endeavor in collaboration with TAMIU, City staff and other community volunteers that was held on Saturday, March 24th in the Santo Nino Neighborhood in District II, and any other matters incident thereto.
2. Presentation regarding the Tecolotes de los Dos Laredos baseball events held on Saturday and Sunday, March 24th and 25th and any other matters incident thereto.
B. Request by Mayor Pro-Tempore Alejandro "Alex" Perez
1. Discussion with possible action to initate negotiations with Hachar Investments on 30 acres donation/acquisition of vega land.
2. Discussion with possible action to create a 501(c)(3) organization to be housed at the Canseco House for the implementation of the goals, services, and tasks for urban agriculture and sustainability programs as well as facilitation of the Laredo Food Policy Council, and any other matters incident thereto.
C. Request by Council Member Alberto Torres, Jr.
1. Discussion with possible action to implement a Community Market Program; and any other matters incident thereto.
D. Request by Council Member Charlie San Miguel
1. Discussion with possible action on creating a committee to ensure that any and all laws related to the purchase and possession of firearms within city and county limits, including the reporting requirements of sections 411.052 and 411.0521 of the Texas Government Code, are being followed and enforced, in an effort to make our schools and communities safer, and any other matters incident thereto. The purpose 7 communities safer, and any other matters incident thereto. The purpose of this committee is not to create new regulations or restrictions, but to ensure that the existing laws and regulations are being enforced by the corresponding government entities.
2. Discussion with possible action on a Resolution supporting the continued development of Port Laredo through the construction of a fifth bridge in South Laredo owned and operated by the City of Laredo Bridge System, while emphasizing the City of Laredo's commitment to the expansion and improvement of the World Trade Bridge as a priority, through projects such as the FAST Lanes relocation project. (Co-Sponsored by Council Member Rudy Gonzalez, Jr. and Council Member Vidal Rodriguez)
E. Request by Council Member George Altgelt
1. Discussion and possible action to make all necessary changes to the zoning and subdivision ordinances to posture TxDOT as best as possible F.LJ to secure right of way along state maintained roadways within the City of C'-J u_C...) •• ;,.t_ Laredo. '-0 (::) fr: � 2. Discussion and possible action to reintroduce and or modify Ordinance J.j (.) �? ·j·,� 2018-0-032 amending the Subdivision Ordinance Handbook of the City I.' 1 s;.i -:�:; of Laredo by revising Chapter Ill, Subdivision Design Standards, Section Ct: '.;5 3-2 Streets and Alleys (R) Pavement Standards, Pavement ,,,_·- ) Specifications for Public and Private Streets; providing for publication, lf'severability and effective date (AS AMENDED); and to take public testimony regarding the same.
3. Discussion and possible action to require super markets and large department stores to maintain free of any debris and plastic bags from drainage and floodway easements traversing or adjacent to their property.
X. ADJOURNMENT
This n,gjice was posted at the Municipal Government Offices, 111 O Houston Stteet�aredo, Texas, at a place convenient and readily accessible to the public 0 at-:all ttmes. Said notice was posted on Wednesday, March 28, 2018 at 6:30 p.m. J �::: ��n___ > ,_,._ >- •'�:) .: 0JJ c::., ,_;,::; � ' l1;,! s�: :��1 ()�Valdez, Jr. City Secretary ·· ;��:�..-:::;:, ·::_,.-.. ("...... � d �� . ) 4t·; 8
Introductory Ordinances 1. City Council-Special Meeting Date: 04/02/2018 Initiated By: Mario Maldonado, Executive Director of Transportation Initiated By: http://agendaweb.cityoflaredo.com/frs/agenda/images/print_up.gif Staff Source: Cristian Rosas-Grillet, Assistant City Attorney
SUBJECT An Ordinance of the City of Laredo, Texas, amending Ordinance 2017-O-110 to authorize the City Manager to waive or reduce the City of Laredo Bridge System toll fees for special events on a case-by-case basis as recommended by the Bridge Department Director when deemed in the best interest of the City; providing that this ordinance shall be cumulative; providing for severability; and declaring an effective date.
VENDOR INFORMATION FOR COMMITTEE AGENDA N/A
PREVIOUS COUNCIL ACTION N/A
BACKGROUND N/A
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION N/A
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Toll revenues will be affected when toll rates are waived or reduced.
Attachments 2018-O- ORDINANCE 2018-O-___
AN ORDINANCE OF THE CITY OF LAREDO, TEXAS, AMENDING SECTION 1 OF ORDINANCE 2017-O-110 OF THE CITY OF LAREDO TO AUTHORIZE THE CITY MANAGER TO WAIVE OR REDUCE THE CITY OF LAREDO BRIDGE TOLL FEES FOR SPECIAL EVENTS ON A CASE-BY-CASE BASIS UPON THE RECOMMENDATION OF THE BRIDGE DEPARTMENT DIRECTOR AND WHEN DEEMED IN THE BEST INTEREST OF THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Laredo is a Home Rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council desires to allow the City Manager to waive or reduce bridge toll fees for special events on a case-by-case basis upon the recommendation of the Bridge Department Director and when it is deemed in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: That section 1 of ordinance 2017-O-110 of the City of Laredo shall be, and hereby is, amended to read as follows:
That the City Council hereby establishes the rates to be charged for southbound pedestrian traffic that cross the City of Laredo International Bridges to be as follows:
1. Effective April 1, 2018 Pedestrians ………………………………..……………… one dollar (1.00) (Children under 6 years of age)……………………………………… Free (Bicycle and rider)……………………………………….. one dollar (1.00)
2. All non-commercial vehicles (with or without Cargo) not utilizing the Automatic Vehicle Identification (A.V.I.) System …….. $1.75 @ Axle (Emergency vehicles. Fire engine, ambulance, police car, etc. Answering or returning from an emergency call) ……..……… Free
3. All non-commercial vehicles (with or without Cargo) utilizing the Automatic Vehicle Identification (A.V.I.) System …... $1.65 @ Axle (Emergency vehicles. Fire engine, ambulance, police car, etc. Answering or returning from an emergency call) ……..……… Free
4. Effective October 19, 2017 Commercial Vehicles All commercial vehicles .……………………………………$4.75 @ Axle
5. Overweights (with permit) 80,001 lbs – 100,000 lbs …………………………………… $50.00 100,001 lbs – 120,000 lbs …………………………………… $75.00 120,001 lbs – 140,000 lbs …………………………………... $100.00 140,001 lbs – 160,000 lbs ………………………………….. $125.00 160,001 lbs – 180,000 lbs ………………………………….. $150.00 180,001 lbs – Over ………………………………………… $175.00
U-Turn Penalty Violation 6. Overweights (Without permit) Fee Fee 80,001 lbs – 100,000 lbs ………………$ 50.00 + $500.00 + $500.00 100,001 lbs – 120,000 lbs ………………$ 75.00 + $500.00 + $500.00 120,001 lbs – 140,000 lbs …………….. $100.00 + $500.00 + $500.00 140,001 lbs – 160,000 lbs ……………. $125.00 + $500.00 + $500.00 160,001 lbs – 180,000 lbs ……………. $150.00 + $500.00 + $500.00 180,001 lbs – Over ………….………. $175.00 + $500.00 + $500.00
All commercial vehicles over 80,000 lbs. must obtain a permit from the Traffic Department of the City of Laredo prior to crossing any Bridge designated by the City of Laredo as a commercial International Bridge (Colombia Solidarity Bridge or World Trade Bridge). Failure to obtain this permit will result in an additional $500.00 penalty fee at time of crossing. Failure to comply with the City of Laredo Bridge System U-Turn procedure at its International Bridges will result in an additional $500.00 U-Turn violation fee. The entire bridge toll including the penalty fee and the violation fee must be paid prior to allowing any use of the City of Laredo International Bridges.
7. Swipe Card Administrative Fee For Southbound Commercial Vehicles ………….$1.00@ Swipe Card
8. Sticker Tag Cost For Southbound Vehicles utilizing the Automatic Vehicle Identification System (A.V.I.) …………………………………………..$15.00 @ Sticker Tag
9. Waiver of Fees: The City Manager may waive in whole or in part the bridge toll fees provided for in this Ordinance for special events on a case by case basis upon recommendation of the Bridge Department Director and when deemed in the best interest of the City.
Section 2. This ordinance shall be cumulative of all provisions of ordinances of the City of Laredo, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
Section 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
Section 4. This Ordinance shall take effect as and from the date of passage.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ______DAY OF ______, 2018.
______PETE SAENZ, MAYOR
ATTEST:
______JOSE A. VALDEZ, JR. CITY SECRETARY
APPROVED AS TO FORM:
______KRISTINA K. LAUREL HALE CITY ATTORNEY
Introductory Ordinances 2. City Council-Special Meeting Date: 04/02/2018 Initiated By: Mario Maldonado, Executive Director of Transportation Staff Source: Yvette Limon, Bridge Director
SUBJECT Authorizing the City Manager to execute a lease agreement renewal with Securitas Security Services USA, Inc., sole source as per Customs and Border Protection approved security contract, for approximately 120 square feet of office space and an exclusive office entry lane for approximately 1,020 square feet at Juarez-Lincoln International Bridge (Bridge II). Lease term will be for two (2) years commencing April 1, 2018 and ending on March 31, 2020. Monthly rent will be $3,500.00 for approximately 120 square feet of office space and an exclusive office entry lane of approximately 1,020 square feet at Juarez-Lincoln International Bridge (Bridge II). The lease may be terminated by either party with a thirty (30) day written notice.
PREVIOUS COUNCIL ACTION On April 3, 2017, City Council authorized the City Manager to execute a lease agreement renewal with Securitas Security Services USA, Inc., for approximately 120 square feet of office space and an exclusive office entry lane of approximately 1,020 square feet at Juarez-Lincoln International Bridge (Bridge II) at a monthly rent of $3,500.00.
BACKGROUND The City of Laredo has leased this property to Securitas Security Services USA, Inc. since 1988 and has never had any problems with this customer. An appraisal on the property was done on March 1, 2016 and the market rental value is $3,500.00 per month. Securitas Security Services USA, Inc. has advised of their interest to continue leasing the property located at Juarez-Lincoln International Bridge (Bridge II) at the agreed rental of $3,500.00 per month. An appraisal on the property will be done in March 2020 prior to the commencement of the next lease agreement renewal.
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION Authorize the City Manager to execute the lease agreement renewal.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Yes Source of Funds: Rental Income Account #: 55300003611052 Change Order: Exceeds 25% Y/N: No FINANCIAL IMPACT: Rental income of $3,500.00 monthly will be generated from this lease agreement renewal.
Attachments Securitas Security Services Ordinance Securitas Renewal Lease Agreement ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT RENEWAL WITH SECURITAS SECURITY SERVICES USA, INC., SOLE SOURCE AS PER CUSTOMS AND BORDER PROTECTION APPROVED SECURITY CONTRACT, FOR APPROXIMATELY 120 SQUARE FEET OF OFFICE SPACE AND AN EXCLUSIVE OFFICE ENTRY LANE OF APPROXIMATELY 1,020 SQUARE FEET AT JUAREZ- LINCOLN INTERNATIONAL BRIDGE (BRIDGE II).
1. LEASE TERM IS FOR TWO (2) YEARS COMMENCING APRIL 1, 2018 AND ENDING ON MARCH 31, 2020. 2. MONTHLY RENT WILL BE $3,500.00 FOR APPROXIMATELY 120 SQUARE FEET OF OFFICE SPACE AND AN EXCLUSIVE OFFICE ENTRY LANE OF APPROXIMATELY 1,020 SQUARE FEET AT JUAREZ- LINCOLN INTERNATIONAL BRIDGE (BRIDGE II). 3. THE LEASE MAY BE TERMINATED BY EITHER PARTY WITH A THIRTY (30) DAY WRITTEN NOTICE.
WHEREAS, the Bridge Director of the Laredo Bridge System recommends that the City Council approve the attached hereto as Exhibit A, in furtherance of the development of the City owned property being part of the Laredo Bridge System; and
WHEREAS, the Bridge Director of the Laredo Bridge System finds that Securitas Security Services USA, Inc. has advised of their interest to continue leasing property at Juarez-Lincoln International Bridge (Bridge II) at the agreed monthly rental of $3,500.00; and
WHEREAS, the City Council finds that the proposed lease, copy of which is attached hereto Exhibit A, would be in the City’s interest and benefit.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: Authorizing the City Manager to execute a lease renewal with Securitas Security Services USA, Inc., sole source as per Customs and Border Protection approved security contract, for approximately 120 square feet of office space and an exclusive office entry lane of approximately 1,020 square feet at Juarez-Lincoln International Bridge (Bridge II) for a term of two (2) years commencing April 1, 2018 and ending on March 31, 2020 at $3,500.00 monthly rental. A copy of said lease is attached hereto as Exhibit A, and incorporated herein.
Section 2: This ordinance shall become effective upon passage thereof. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE______DAY OF ______, 2018.
______Pete Saenz, Mayor
ATTEST:
______JOSE A. VALDEZ, JR. CITY SECRETARY
APPROVED AS TO FORM: KRISTINA L. HALE CITY ATTORNEY
BY:______ASSISTANT CITY ATTORNEY RENEWAL LEASE AGREEMENT
This renewal lease agreement is entered effective April 1, 2018, by and between the City of Laredo, a municipal corporation (hereinafter referred to as “Lessor”), and Securitas Security Services USA, Inc., a Delaware corporation (hereinafter referred to as “Lessee”).
1) Lessor leases to Lessee the following described real property: Situated in Webb County, Texas: approximately 120 square feet of office space and approximately 1,020 square feet of an exclusive lane at International Bridge II (Juarez Lincoln), City of Laredo, Webb County, Texas.
2) This renewal lease commences April 1, 2018 and ends March 31, 2020, provided, however, that the lease may be terminated by either party on a thirty (30) day written notice to the other party (the “Term” or “term”).
3) Lessee shall pay a monthly rental of $3,500.00 in advance on or before the 1st day of each month during the Term.
4) The leased premises are to be used only for the processing of duty free merchandise to Mexico.
5) Lessee shall not assign or in any manner transfer this lease nor shall Lessee sublease the premises.
6) A) Lessee shall obtain and maintain throughout the term of this lease a policy of liability insurance at Lessee’s sole cost and expense, insuring Lessor as well as Lessee, against any and all claims, demands and actions arising out of Lessee’s use and occupancy of the leased premises, and said public liability insurance should have limits of liability of not less than $500,000.00 for damage to property, nor less than $1,000,000 for injury to or death of one or more persons in any one occurrence.
B) In addition, the Lessee is required to name the Lessor as an additional insured in the above stated policy with coverage for liability assumed by Lessee under this lease. Such insurance shall, to the extent of Lessee’s indemnification obligations hereunder, contain a stipulation that this insurance, as to the interest of the City only, shall not be invalidated by any act or neglect or breach of contract by Lessee. The coverage provided by this policy shall be primary coverage and any other insurance carried by the City is excess.
C) Lessee shall furnish the City, no later than thirty (30) days following execution of this agreement, a certificate (s) of insurance as evidence that the required amounts and types of insurance are in force.
Further, Lessee covenants and agrees to fully indemnify, defend and hold harmless, the City and elected officials, agents, employees, officers, directors, agents and assigns of the City, individually, or collectively from and against any and all law suits, claims, causes of actions, including attorney’s fees incurred in defense thereof, liability and other damages of any kind included, but not limited to, property damage, personal injury or death, but only to the extent the suit, claim, cause of action, liability, or damage is caused by Lessee’s negligence or willful misconduct.
7) Any notice required to be given by either party shall be mailed by certified mail, return receipt requested or personally delivered via nationally recognized overnight courier service to the following addresses:
If to Lessor: City Manager City of Laredo 1110 Houston P.O. Box 579 Laredo, Texas 78042-0579
If to Lessee: Securitas Security Services USA, Inc. Attn: Real Estate Operations 9 Campus Drive Parsippany, N.J. 07054 8) ACCESS: The leased premises will be accessible by Lessee 24 hours per day, seven days per week, without interruption.
9) INSURANCE: LESSEE agrees to carry with an admitted insurance company or companies having a Best Insurance Guide rating of not less than A-VIII, and licensed to do business in the State of Texas, and keep in effect during the term of this Agreement, the following insurance coverages with general liability and automobile coverages for the benefit of LESSEE, but with the LESSOR shown as an additional insured, including the obligation of the insurer to defend the LESSOR, in any action covered by said insurance provided, however, such additional insured protection shall not cover any loss, damage, claim, liability, cost or expense to the extent arising from the negligent act or omission, or misconduct of LESSOR:
A) Commercial General Liability insurance in minimum combined single limits of $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, which coverage shall include products/completed operations ($2,000,000 products/ completed operations aggregate), and XCU (Explosion, Collapse, Underground) hazards. Coverage for products/completed operations must be maintained for at least two (2) years after the agreement expires. Coverage must be written on an occurrence form. Contractual Liability must be maintained covering the LESSEE’S obligations contained in the contract. The general aggregate limit must be at least two (2) times the each-occurrence limit.
B) Workers Compensation insurance at statutory limits, including Employers Liability coverage in minimum limits of $1,000,000 each occurrence or each accident; $1,000,000 by disease each occurrence; and $1,000,000 by disease aggregate.
C) The City of Laredo shall be named as an additional insured with respect to general and auto liability policies. All liability policies shall contain no cross liability exclusions or insured versus insured restrictions. All insurance policies shall be endorsed to require the insurer to immediately notify the City of Laredo of any material change in the insurance coverage. All insurance policies, which name the City of Laredo as an additional insured, must be endorsed to read as primary coverage regardless of the application of other insurance. Required limits may be satisfied by any combination of primary and umbrella liability insurances.
D) LESSEE may maintain reasonable and customary deductibles, subject to approval by the City of Laredo; however, LESSEE shall have the right, at its sole election, to self-insure all or a portion (but not more than $500,000 of the commercial general liability insurance) of one or more of the risks for which insurance is required to be carried by LESSEE hereunder pursuant to a program of LESSEE that is administered by a licensed insurance company. All of the provisions of this Section 9 shall otherwise remain applicable. LESSEE shall, in accordance with standard self-insurance practices in the industry, maintain reasonably sufficient reserves to cover any losses that would have been covered by the insurance required to be carried by LESSEE pursuant to the terms of this Lease, but not for such self-insured retention.
E) Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, which shall evidence the insurance coverage required hereunder.
10) LESSOR’S INDEMNIFICATION: Only to the extent allowed by law, Lessor agrees to fully indemnify, defend and hold harmless Lessee and its employees, officers, agents and representatives from any and against any and all losses, claims and causes of actions, including without limitation attorney’s fees incurred in defense thereof, liability and other damages of any kind including, but not limited to, property damage, personal injury or death, but only to the extent the suit, claim ,cause of action, liability of damage is caused by Lessor’s negligence or willful misconduct, or that of its elected officials, agents, employees, officers, directors, or contractors.
11) DAMAGE OR DESTRUCTION: If the leased premises (or access thereto) are partially or totally damaged by fire or other casualty, either party may, notwithstanding any provision of the lease to the contrary, terminate this lease by giving written notice to the other party to such effect within thirty (30) days after such partial damage or total destruction occurs, and Lessee’s liability for rent shall cease from and after the date of such damage. Should the lease not be so terminated, the leased premises shall be restored by Lessor at its sole expense to the condition that pre-existed such damage, and abatement shall be made from the rent corresponding with the time during which, and the extent to which, the Leased Premises cannot be used by Lessee for its
2 intended purposes. Notwithstanding the foregoing, the restoration obligations of Lessor shall apply and neither party shall have a right to terminate this lease if any such damage is insignificant enough so as to not inhibit Lessee from continuing its business operations in the leased premises in substantially the same manner as was possible prior to such damage occurring.
12) MISCELLANEOUS: This lease shall be governed by any and interpreted in accordance with the laws of the State of Texas and venue for any action shall be in Webb County, Texas. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction in Webb County, Texas shall in no way affect the validity of any other provision hereof. This lease may not be amended, altered or otherwise changed except as mutually agreed to and executed by the parties hereto in writing.
IN WITNESS WHEREOF, a duly authorized officer of each of the parties hereto has executed this lease effective as of the date first above written. Lessee covenants that each page hereof has been initialed by Lessee’s Director, Real Estate Operations, or bears her stamped facsimile initials.
SIGNED EFFECTIVE THE 17th DAY OF APRIL, 2018.
CITY OF LAREDO
BY: ______Horacio A. De Leon, Jr. City Manager
SECURITAS SECURITY SERVICES USA, INC.
BY: ______Peter J. Robbins Vice President, Operation Services & Asst. Secretary
APPROVED AS TO FORM, by EITHER:
______Kristina L. Hale City Attorney
ATTEST:
______Jose A. Valdez, Jr. City Secretary
3
Introductory Ordinances 3. City Council-Special Meeting Date: 04/02/2018 Initiated By: Cynthia Collazo, Deputy City Manager Initiated By: Cynthia Collazo, Deputy City Manager Staff Source: Arturo Garcia, CD Director
SUBJECT Authorizing the City Manager to exercise the option to renew the lease between the City of Laredo and the United States Postal Service (USPS) for the rental of office space at the old federal courthouse located at 1300 Matamoros. The term of the extension is to be for an additional two (2) years for the period of June 1, 2018 to May 31, 2020 with the annual rental rate set and agreed by both parties at ninety-six thousand dollars ($96,000.00).
VENDOR INFORMATION FOR COMMITTEE AGENDA N/A
PREVIOUS COUNCIL ACTION N/A
BACKGROUND On October 5, 2013 City Council approved the final reading of Ordinance 2015-O-144 establishing a lease between the City and the United States Postal Service. The initial lease will be expiring on May 31,2018. The USPS has notified the City of Laredo of their interest in extending their lease by accepting the renewal option for an additional two years from June 1, 2018 to May 31, 2020. The new annual lease rental rate as per the lease renewal will be ninety-six thousand dollars ($96,000).
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION That this ordinance be introduced.
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funds will be deposited into 101-0000-361-1091.
Attachments Introductory Ordinance Exhibit 1 - Post Office Lease INTRODUCTORY ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXERCISE THE OPTION TO RENEW THE LEASE BETWEEN THE CITY OF LAREDO AND THE UNITED STATES POSTAL SERVICE (USPS) FOR THE RENTAL OF OFFICE SPACE AT THE OLD FEDERAL COURTHOUSE LOCATED AT 1300 MATAMOROS. THE TERM OF THE EXTENSION IS TO BE FOR AN ADDITIONAL TWO (2) YEARS FROM THE PERIODS OF JUNE 1, 2018 TO MAY 31, 2020 WITH THE ANNUAL RENTAL RATE SET AND AGREED BY BOTH PARTIES AT NINETY-SIX THOUSAND DOLLARS ($96,000.00).
WHEREAS, On October 5, 2013 City Council approved the final reading of Ordinance 2015-O-144 establishing a lease between the City and the United States Postal Service for the Post Office located at 1300 Matamoros.
WHEREAS, The original lease provided for the renewal of two additional years beginning June 1, 2018 and ending May 31, 2020 and is attached as Exhibit 1.
WHEREAS, the United States Postal Service has requested to renew their lease and the City of Laredo accepts the renewal option request from the United States Postal Service.
WHEREAS, the annual rental rate has been established by the original lease that upon renewal to be increased to Ninety-Six Thousand ($96,000.00) dollars annually.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
1. It authorizes the City Manager to renew the lease between the City of Laredo and the United States Postal Service for the period of June 1, 2018 to May 31, 2020.
2. It authorizes the City Manager to execute a lease passed, for the annual rental rate amount of Ninety-Six Thousand ($96,000.00) dollars annually.
BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS THE ____ DAY OF ______, 2018
Page 1 of 2 ______PETE SAENZ MAYOR
ATTEST:
______JOSE A. VALDEZ CITY SECRETARY
APPROVED AS TO FORM:
BY: ______KRISTINA LAUREL HALE CITY ATTORNEY
Page 2 of 2
Resolutions 4. City Council-Special Meeting Date: 04/02/2018 Initiated By: Cynthia Collazo, Deputy City Manager Staff Source: Hector F. Gonzalez, MD, MPH, Director of Health
SUBJECT 2018-R-46 Ratifying the execution of a contract amendment with the Texas Health and Human Services Commission (HHSC) in the amount of $69,000.00 with a cash match of $6,900.00 for a total amount of $649,175.00 for the City of Laredo Health Department (CLHD) Nurse Family Partnership (NFP) program to provide first time mothers and their newborn home nursing visitation to improve health outcomes for women and for the first two years of the newborn's development and wellness for the term from September 1, 2017, through August 31, 2018.
VENDOR INFORMATION FOR COMMITTEE AGENDA N/A
PREVIOUS COUNCIL ACTION On September 18, 2017, Council approved Resolution 2017-R-98.
BACKGROUND The Texas Health and Human Services Commission (HHSC) has contracted with the City of Laredo Health Department (CLHD) for a Nurse-Family Partnership (NFP) to provide provide evidence-based nurse home visitation care for first-time mothers wellness, prenatal and postpartum care and for newborn preventive health care nurse case management to assure wellness, preventive care and positive growth and development for the first two (2) years of life of the newborn. These nurse home visitation services for first-time mothers enhance early and timely access to women's care, improve women’s health outcome and improve children’s growth, development and wellness as well as assure prevention of potential risks in women and child neglect and abuse.
Laredo has the third largest birth rate in the state of Texas and over 45% un/underinsured and/or medically indigent. It is also a health professions shortage area. Teen pregnancy is a critical unmet need with 334 recorded teen pregnancies in 2009. Late prenatal care is also a problem with over 60% of maternity patients seen in the second or early third trimester, increasing the risk of infant mortality and reducing the positive birth outcomes for the mother and newborn child.
A project such as the NFP integrated into the CLHD maternity and prevention routine services will greatly improve outcomes, assure the continuum of care and link first time mothers, their children and their families to all social services needed to improve the quality of life.
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION Staff recommends that Council approve the Resolution.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: HHSC Account #: 226-6104 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: The revenue account 226-0000-321-6301 will increase by $6,900.00 and the revenue account 226-0000-372-1100 will increase by $69,000.00. The expenditure division 226-6104 with the project number HENF07 will increase by $75,900.00. The revenue account 226-0000-372-1000 and expense account 226-6801-544-9900 will decrease by $75,900.00. The total budget remains the same
Attachments Contract 2018-R-46 DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651 4F502-9077 November 2017
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AMENDMENT No. 4
This Amendment No. 4 is entered into between The Texas Department of Family and Protective Services (DFPS) and The City of Laredo (Contractor) to modify Contract No. 529-16-0069-00001.
I. Purpose. The Parties desire to revise the most recent Budget in order to comply with the Texas legislative mandate to expand The Nurse-Family Partnership Program (NFP) through the use of General Revenue funds in designated project areas.
II. Amendments: A. Amendment No. 3 Section 4.01, which was previously amended by Amendments No.1 and No.2, is hereby amended again by deleting Section 4.01 in Amendment No. 3 in its entirety and replacing it with the following 2 paragraphs:
“DFPS will pay the Contractor up to a maximum amount over the life of this Contract of $2,812,794.60. This amount is broken down by fiscal year where each fiscal year has a maximum amount to be reimbursed as follows:
FY 2016 not to exceed $521,158.60 (September 1, 2015 – August 31, 2016) FY 2017 not to exceed $521,159.00 (September 1, 2016 – August 31, 2017) FY 2018 not to exceed $590,159.00 (September 1, 2017 – August 31, 2018) FY 2019 not to exceed $590,159.00 (September 1, 2018 – August 31, 2019) FY 2020 not to exceed $590,159.00 (September 1, 2019 – August 31, 2020)”
B. Amendment No. 2 Section 4.02(a) shall be deleted in its entirety and replaced with the following:
“Section 4.02(a) Payments to the Contractor will be made from available funds and according to the terms of this Contract for services rendered upon receipt of a proper verified statement and after deduction of any known previous overpayment made by DFPS, if applicable. Attachment B-1 “Budget” of this Amendment No. 4 contains the FY 2018 Budget. For this Contract, the City of Laredo is considered a recipient and is funded by the State of Texas.”
C. Delete Amendment No. 3 Attachment B-1 “Budget” in its entirety and replace it with the attached Attachment B-1 “Budget.”
III. This Amendment No. 4 shall be effective as of the date of execution, based on the date of the last signature below.
IV. Except as amended and modified by this Amendment, all terms and conditions of the Contract, as amended, shall remain in full force and effect.
1
DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651 4F502-9077 November 2017
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AMENDMENT No. 4
By signing this Amendment, the Parties certify that they have the requisite authority to bind their respective Party to this Amendment.
DFPS City of Laredo
By:______By:______
Name: H.L. Whitman, Jr. Name: Horacio De Leon
Title: DFPS Commissioner or Designee Title: City Manager
Date of Execution: ______March 15, 2018 Date of Execution:______March 14, 2018
THE FOLLOWING ATTACHMENT(S) ARE ATTACHED AND INCORPORATED AS PART OF THE CONTRACT:
ATTACHMENT B-1- BUDGET
2
DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651 4F502-9077 November 2017
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AMENDMENT No. 4
Attachment B-1
BUDGET City of Laredo
Texas Home Visiting (THV) Nurse-Family Partnership Program
BUDGET SUMMARY FORM
12 Month Budget (09/01/17 to 08/31/18)
Supported by Form 2030 PEI Budget Workbook
Fiscal Year 2018
Texas Department of Family and Protective Services Form 2030PEI Revised March 2017
Budget for Purchase of Service Contracts
Contractor : City of Laredo Health Department
Contract # 529-16006900001 Funding Period : 9/01/2017 to 08/31/2018 2030 SUMMARY DFPS PAC # 38500 PEI Program : Nurse Family Partnership
Original Approved 2030
(A.) (B.) (C.) Reimbursable Other (Match) Program Total Cost Categories
(1A) Personnel - Salaries $348,261.15 $42,568.67 $390,829.82 (1B) Personnel - Fringe Benefits - by $0.00 $16,447.33 Employee $16,447.33 (1C) Personnel - Fringe Benefits - by Type $148,921.07 $0.00 $148,921.07 (2) Travel $17,188.00 $0.00 $17,188.00 (3) Supplies and Controlled Assets $17,150.00 $0.00 $17,150.00 (4) Capital Equipment (greater than $5K) $0.00 $0.00 $0.00 (5) Other Costs $58,638.78 $0.00 $58,638.78 (6) Contractual $0.00 $0.00 $0.00
Direct Costs Total $590,159.00 $59,016.00 $649,175.00 Indirect Costs Total $0.00 $0.00 $0.00 TOTAL $590,159.00 $59,016.00 $649,175.00
3
DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
REQUEST DOCUMENT CAPPS Contract Change Request
Requestor 00000269167 - Standiford,Blaine Requisition ID 0000012484 Document ID ADH0000000000000000012174 Document Owner 00000269167 - Standiford,Blaine
Contract change request header Agency lead contact for contract 00000206352 - Black,Brent changes Desired amendment effective date January 19, 2018 Amendment contract number 529-16006900001 Request amendment description Add Funds for NFP Expansion
Contract change request details
Does the amount change Yes New requested changed amount $ 69,000.000
Does the date change No New request contract end date
Does the scope change No New change in scope
Supplemental information and comments
DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
Routing Request PCS.515
Section 1: Request Information
Contract No.: 529-16006900001 New Amendment No.: 3 Emergency (See Tex. Gov Tex. Gov't Code Ch. 418; Work Order No.: New Amendment No.: §2155.137 and TAC §20.41)
Contractor Legal Business Name: City of Laredo
Total Contract Value (including renewals): 2,812,794.60 Requesting Agency/Program: DFPS/PEI
Contract Manager Name: Blaine Standiford Buyer Name: Andrick Reese
Contract Manager E-mail: [email protected] Buyer E-mail: [email protected]
Contract Manager Phone: 512-840-7859 Buyer Phone: 512-406-2532
Section 2: CAPPS Approvals
Approver Title Approver Name Approver E-mail Address See attached proof of approval
1. Contracts Director Kevin Overton-Hadnot [email protected]
2. Associate Commissioner Sasha Rasco [email protected]
3. Budget Analyst John Lindsey [email protected]
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Revised and Effective: 11/01/2017 DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
Routing Request PCS.515
Section 3: DocuSign Signatories
Signatory Name E-mail Address
Contractor Signature Authority Jesus M. Olivares, city Manager
Additional Contractor Signature Authority*
Contractor Signature CC
Legal Director
Office of Chief Counsel Audrey Carmical [email protected]
HHS Signature Authority H.L. Whitman, Jr. [email protected]
HHS Signature Authority cc Trevor Woodruff [email protected]
Instructions
PURPOSE
To direct HHS contracts, work orders, amendments, renewals, and extensions through routing for the contract document's final approval and execution process.
WHEN TO PREPARE THIS FORM
The routing request form shall be completed for any document requiring CAPPS FIN 9.2 approval routing and for all DocuSign signature routing. Requestor shall adhere to any HHS Circular-46 requirements as well as consult with program to complete the form prior to submission to Procurement and Contracting Services Quality Assurance (“PCS QA”). The information provided on the routing request form will be used by PCS QA to create the document routing approval path in CAPPS FIN 9.2 as well as create the DocuSign path for contractor signatory and HHS signatory execution.
Buyer shall submit the following information to [email protected] for all DocuSign signature requests:
E-mail subject: Total contract amount; Contract Number; Contractor Entity; Agency; Program Attachments: • Final approved contract document • Supporting Documentation INCLUDING request document • Completed PCS.515
PROCEDURES
After the contract documentation is drafted, developed and collaborated with all necessary parties, the Buyer shall assemble the routing request and any supporting documentation and attach the documents to the CAPPS FIN 9.2 document management page before submitting for approval.
Budget approvals are required if contract duration, scope, or dollar amount are impacted.
* If adding second contractor signature authority, please provide instructions on which documents need to be completed by this individual.
Revised and Effective: 11/01/2017 DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
Reese,Andrick (HHSC)
From: Standiford,Blaine (DFPS) Sent: Wednesday, February 28, 2018 1:46 PM To: Reese,Andrick (HHSC) Subject: FW: Legal's final review and concurrence: 529-16006900001 Amend 4 Laredo NFP Attachments: 529-16006900001_Laredo_Amend_4_REQ12484_FINAL.DOCX
Approval chain for Laredo.
Many Thanks, Blaine Standiford Contract Manager, CTCM Office: 512-840-7859
-----Original Message----- From: Goehring,Mary (DFPS) Sent: Wednesday, February 28, 2018 10:44 AM To: Standiford,Blaine (DFPS)
And, I totally agree with Kim. These are so intricate and so detailed, they simply beg for multiple sets of eyes on them to ensure accuracy. And, I was an internal auditor for 23 years, so I have a tendency to always check the math. :-) It's part of my charm.
I accepted your edits. THIS is now ready to use as attached.
Kim--I'm working on Community Action, Inc. now. You tee'd that one up as #4 on the priority list. Blaine--After Community Action, El Paso NFP is next.
Mary Goehring Attorney DFPS Office of General Counsel O: 512.438.5651 M: 512.840.9005
-----Original Message----- From: Standiford,Blaine (DFPS) Sent: Wednesday, February 28, 2018 10:30 AM To: Goehring,Mary (DFPS)
1 DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
As Kim always says, that's why we need at least 2 sets of eyes on these. Thanks Mary for catching the math error. Right numbers, wrong order. :-( I attached the corrected copy.
Many Thanks, Blaine Standiford Contract Manager, CTCM Office: 512-840-7859
-----Original Message----- From: Goehring,Mary (DFPS) Sent: Wednesday, February 28, 2018 10:06 AM To: Standiford,Blaine (DFPS)
There's a few things that need analysis before we finalize. See attached. Mary
Mary Goehring Attorney DFPS Office of General Counsel O: 512.438.5651 M: 512.840.9005
-----Original Message----- From: Henderson,Adrian (DFPS) Sent: Monday, February 26, 2018 9:03 AM To: Goehring,Mary (DFPS)
Adrian Henderson, Attorney Department of Family and Protective Services (DFPS) Office of General Counsel 701 W. 51st St. PO Box 149030, MC E-611 Austin, TX 78714-9030 512/438-3587Direct 512/466-4851Cell 512/339-5876 fax
CONFIDENTIAL The information contained in this electronic message is confidential. It may also be subject to the attorney-client and/or work product privileges. This information is intended solely for the exclusive use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that the sender does not waive any
2 DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
privileges accorded to this information and that any use, disclosure, dissemination, distribution, copying or the taking of any action because of this information is strictly prohibited. If you have received this information in error, please immediately notify the sender by telephone or electronic mail to arrange for the return of the information.
-----Original Message----- From: Standiford,Blaine (DFPS) Sent: Wednesday, February 21, 2018 5:55 PM To: DFPS Legal Contracts
For assignment
Many Thanks, Blaine Standiford Contract Manager, CTCM Office: 512-840-7859
-----Original Message----- From: Standiford,Blaine (DFPS) Sent: Wednesday, February 21, 2018 3:36 PM To: '[email protected]'
Docs for Laredo
Many Thanks, Blaine Standiford Contract Manager, CTCM Office: 512-840-7859
-----Original Message----- From: [email protected] [mailto:[email protected]] Sent: Wednesday, February 14, 2018 12:16 PM To: Standiford,Blaine (DFPS)
Your collaboration is requested for Document "529-16006900001".
Set ID/BU: HHSTX Document: 529-16006900001 Contract Description: THV - City of Laredo Amendment: 1 Document Owner: Reese,Andrick
3 DocuSign Envelope ID: 4587E0AB-AFB6-440F-AD83-5FCECC3E8651
Instructions:
You can navigate directly to the page by clicking the link below.
http://hhsc4svfpw06.hhsc.txnet.state.tx.us:8500/psp/fsprd_5/EMPLOYEE/ERP/c/CONTR ACT_MGMT.CS_DOC_MAINT.GBL?Page=CS_DOC_MAINT&Action=U&CS_DOC_ID=27521
4 Certificate Of Completion Envelope Id: 4587E0ABAFB6440FAD835FCECC3E8651 Status: Completed Subject: $2,812,794.60; 529-16-0069-00001 The City of Laredo A-4; DFPS/PEI Source Envelope: Document Pages: 11 Signatures: 2 Envelope Originator: Certificate Pages: 2 Initials: 0 Texas Health and Human Services Commission AutoNav: Enabled 1860 Michael Faraday Dr EnvelopeId Stamping: Enabled Reston, VA 20190 Time Zone: (UTC-06:00) Central Time (US & Canada) [email protected] IP Address: 167.137.1.16
Record Tracking Status: Original Holder: Texas Health and Human Services Location: DocuSign March 7, 2018 Commission [email protected]
Signer Events Signature Timestamp Horacio De Leon, Jr Sent: March 8, 2018 [email protected] Viewed: March 14, 2018 City Manager Signed: March 14, 2018
Security Level: Email, Account Authentication (None) Using IP Address: 198.135.47.6
Electronic Record and Signature Disclosure: Not Offered via DocuSign
H.L. Whitman, Jr. Sent: March 14, 2018 [email protected] Viewed: March 15, 2018 Security Level: Email, Account Authentication Signed: March 15, 2018 (None) Using IP Address: 168.38.111.244
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 Andrick Reese Sent: March 8, 2018 [email protected] Viewed: March 13, 2018 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign
Blaine Standiford Sent: March 8, 2018 [email protected] Viewed: March 8, 2018 Security Level: Email, Account Authentication (None) Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign
Trevor Woodruff Sent: March 14, 2018 [email protected] Viewed: March 15, 2018 Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted March 14, 2018 Certified Delivered Security Checked March 15, 2018 Signing Complete Security Checked March 15, 2018 Completed Security Checked March 15, 2018
Payment Events Status Timestamps RESOLUTION 2018-R-46
RATIFYING THE EXECUTION OF A CONTRACT AMENDMENT WITH THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION (HHSC) IN THE AMOUNT OF $69,000.00 WITH A CASH MATCH OF $6,900.00 FOR A TOTAL AMOUNT OF $649,175.00 FOR THE CITY OF LAREDO HEALTH DEPARTMENT (CLHD) NURSE FAMILY PARTNERSHIP (NFP) PROGRAM FOR THE TERM FROM SEPTEMBER 1, 2017 THROUGH AUGUST 31, 2018.
WHEREAS, the Texas Health and Human Services Commission (HHS) has contracted with the City of Laredo Health Department (CLHD) for a Nurse-Family Partnership (NFP) to provide home visitation services for first-time mothers to enhance early and timely access to care, improve women’s health outcome and improve children’s growth, development and wellness as well as assure prevention of potential risks in women and child neglect and abuse; and
WHEREAS, Laredo has the third largest birth rate in the state of Texas and over 45% un/underinsured and/or medically indigent. It is also a health professions shortage area. Teen pregnancy is a critical unmet need with 334 recorded teen pregnancies in 2009. Late prenatal care is also a problem with over 60% of maternity patients seen in the second or early third trimester, increasing the risk of infant mortality and reducing the positive birth outcomes for the mother and newborn child; and
WHEREAS, a project such as the NFP integrated into the CLHD maternity and prevention routine services will greatly improve outcomes, assure the continuum of care and link first time mothers, their children and their families to all social services needed to improve the quality of life.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager is hereby authorized to ratify the execution of a contract amendment with the Texas Health and Human Services Commission (HHSC) in the amount of $69,000.00 with a cash match of $6,900.00 for a total amount of $649,175.00 for the City of Laredo Health Department (CLHD) Nurse Family Partnership (NFP) program for the term from September 1, 2017 through August 31, 2018.
Section 2: The revenue account 226-0000-321-6301 is hereby increased by $6,900.00 and the revenue account 226-0000-372-1100 is hereby increased by $69,000.00. The expenditure division 226-6104 with the project number HENF07 is hereby increased by $75,900.00. The revenue account 226- 0000-372-1000 and expense account 226-6801-544-9900 are hereby decreased by $75,900.00. The total budget remains the same.
Section 3: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with HHSC to meet the necessary costs to accomplish the scope of work for the program.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ______DAY OF ______, 2018.
______PETE SAENZ MAYOR
ATTEST:
______JOSE A. VALDEZ, JR. CITY SECRETARY
APPROVED AS TO FORM: KRISTINA K. LAUREL HALE CITY ATTORNEY
______CRISTIAN ROSAS-GRILLET ASSISTANT CITY ATTORNEY
2
Resolutions 5. City Council-Special Meeting Date: 04/02/2018 Initiated By: Cynthia Collazo, Deputy City Manager Staff Source: Hector F. Gonzalez, MD, MPH, Director of Health
SUBJECT 2018-R-48 Authorizing the City Manager to accept a contract amendment from Texas A&M International University (TAMIU) in the amount of $20,085.00 for a total amount of $248,555.00 for the Sí Texas – Juntos For Better Health Program for the term period from May 1, 2017 through July 31, 2018.
VENDOR INFORMATION FOR COMMITTEE AGENDA N/A
PREVIOUS COUNCIL ACTION On June 19, 2017, Council approved Resolution 2017-R-69.
BACKGROUND Texas A&M International University (TAMIU) is the local lead and Methodists Health Care Ministries is the co-funder and partner with the Whitehouse Innovation Fund and other private entities. The City of Laredo Health Department (CLHD) through this partnership will implement with these funds the Sí Texas – Juntos For Better Health Program. The primary objective of the program is to provide early detection health care services to address diabetes and integrate behavioral health services (primarily depression). Through this enhanced outreach for clinical care, person can improve their diabetes and mental health and have healthier outcomes. Several other partners will participate: Border Region Behavioral health, Gateway Community Health Center, SCAN and Holdings Institute. Data from this effort can serve as a national best practice model for other communities and as well will test a health information exchange to improve the continuum of care.
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION Staff recommends that Council approve the Resolution.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: TAMIU Account #: 226-6406 Change Order: Exceeds 25% Y/N: N/A FINANCIAL IMPACT: The revenue account 226-0000-326-2007 and the expenditure division 226-6406 with the project number HESI03 will increase by $20,085.00. The revenue account 226-0000-372-1000 and the expenditure division 226-6801-544-9900 will decrease by $20,085.00. The total budget remains the same.
Attachments 2018-R-48 RESOLUTION 2018-R-48
AUTHORIZING THE CITY MANAGER TO ACCEPT A CONTRACT AMENDMENT FROM TEXAS A&M INTERNATIONAL UNIVERSITY (TAMIU) IN THE AMOUNT OF $20,085.00 FOR A TOTAL AMOUNT OF $248,555.00 FOR THE SÍ TEXAS – JUNTOS FOR BETTER HEALTH PROGRAM FOR THE TERM PERIOD FROM MAY 1, 2017 THROUGH JULY 31, 2018.
WHEREAS, Texas A&M International University (TAMIU) is the lead but Methodists Health Care Ministries is the funder and partner statewide. City of Laredo Health Department (CLHD) will implement with these funds the Sí Texas – Juntos For Better Health Program. The primary objective of the program is to provide early detection health care services to address diabetes and integrate behavioral health services. Through this enhanced outreach for clinical care person can improve their diabetes and mental health. Several other partners will participate: Border Region Behavioral health, Gateway Community Health Center, SCAN and Holdings Institute. Data from this effort can serve as a national best practice model for other communities and as well will test a health information exchange to improve the continuum of care.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO THAT:
Section 1: The City Manager is hereby authorized to accept a contract amendment from Texas A&M International University (TAMIU) in the amount of $20,085.00 for a total amount of $248,555.00 for the Sí Texas – Juntos For Better Health Program for the term period from May 1, 2017 through July 31, 2018..
Section 2: The revenue account 226-0000-326-2007 is hereby increased by $20,085.00 and the expenditure division 226-6406 with the project number HESI03 is hereby increased by $20,085.00.
Section 3: The revenue account 226-0000-372-1000 and the expenditure division 226-6801-544-9900 are hereby decreased by $20,085.00. The total budget remains the same.
Section 4: The City Manager is hereby authorized to make transfers within the budget as allowable under the Special Contract Provisions and General Provisions of the contract with TAMIU to meet the necessary costs to accomplish the scope of work for the program. PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR ON THIS ______DAY OF ______, 2018.
______PETE SAENZ MAYOR
ATTEST:
______JOSE A. VALDEZ, JR. CITY SECRETARY
APPROVED AS TO FORM: KRISTINA K. LAUREL HALE CITY ATTORNEY
______CRISTIAN ROSAS-GRILLET ASSISTANT CITY ATTORNEY
______CRISTIAN ROSAS-GRILLET ASSISTANT CITY ATTORNEY
2
Resolutions 6. City Council-Special Meeting Date: 04/02/2018 Initiated By: Blasita Lopez, Executive Director of Tourism Staff Source: Rafael Benavides, Blasita Lopez
SUBJECT 2018-R-49 Declaring support for and requesting Entravision Communications restore the local Noticias Univision 27 and Laredo Fox News newscasts for the purpose of keeping our diverse population informed as active participants in our society.
PREVIOUS COUNCIL ACTION None
BACKGROUND None
COMMITTEE RECOMMENDATION None
STAFF RECOMMENDATION Staff supports the request to restore the local Univision and FOX newscasts.
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: There is no financial impact for this item.
Attachments Entravision Laredo RESOLUTION WHEREAS, KLDO-TV, known locally as Noticias Univision 27, an affiliate of Univision Communications, is a recognized Spanish-language television station in Laredo, Texas, with presence in the market since 1997, and owned by Entravision Communications; and
WHEREAS, the Spanish-language broadcast was an institution in the community, with staff that was tenured in the market, providing a mature, relevant perspective to local news coverage and fostering healthy competition in the news gathering, and production process;
WHEREAS, the array of stations also affected include KXOF-CD, known locally as Laredo Fox News; a Fox News affiliate and launched in April 2012 and owned by Entravision Communications; and
WHEREAS, the city of Laredo, Texas, has a population of approximately 257,156; and which 95.4 percent of the population is of Hispanic descent; and which 90 percent of the population over 18 years speaks and understands the Spanish, according to the 2016 U.S. Census 2016 American Community Survey; and
WHEREAS, Entravision Communications decided to lay off nine local Univision and Fox employees and terminate local newscasts for the purpose of producing regional south Texas news from the Univision television station in McAllen, Texas; and
Whereas, this has an immediate effect of wages lost in each of the nine households affected, and furthermore a detrimental, chilling effect on the moral of the few remaining staff at the Television news division of Univision/FOX; and
WHEREAS, This decision has left a void in Laredo’s Spanish-language television news consumption and limits the active local participation of our residents in democracy and the flow of information; therefore be it
RESOLVED, That the City of Laredo asks Entravision Communications to consider bringing back the Noticias Univision 27 and Laredo Fox News newscasts for the purpose of keeping our diverse population informed as active participants in our society.
Resolutions 7. City Council-Special Meeting Date: 04/02/2018 Staff Source: Cynthia Collazo, Deputy City Manager; Nathan R. Bratton, Planning Director
SUBJECT 2018-R-50 Resolution adopting the Annexation Plan for the City of Laredo pursuant to Section 43.052 of the Texas Local Government Code and invoking exceptions to an annexation plan pursuant to Section 43.052(h) of the Local Government Code.
VENDOR INFORMATION FOR COMMITTEE AGENDA None
PREVIOUS COUNCIL ACTION None
BACKGROUND Texas law requires a municipality to adopt an annexation plan, the last plan was adopted many years ago and the current plan reaffirms that prior annexation plan.
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION Adopt the annexation plan.
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: N/A
Attachments Resolution Annexation Plan
RESOLUTION NO. 2018-R-50
ANNEXATION PLAN FOR THE CITY OF LAREDO, TEXAS
Whereas, Section 43.052 of the Texas Local Government Code required that each city adopt an annexation plan on or before December 31, 1999, and include in the annexation plan territory the city plans to annex three years from the date the territory is placed in the plan.
Whereas, Section 43.052(h) of the Local Government Code provides several exceptions that authorize cities to annex territory without placing the territory in an annexation plan;
Whereas, annexations contemplated by the City of Laredo, Texas come within one or more of these exceptions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAREDO, TEXAS:
That the City Council has reviewed the future expansion needs of the City and has determined that, at this time, the City does not intend to annex any territory that is required to be in an annexation plan in order to be annexed. The City Council reserves the right to amend the annexation plan in the future to add territory for annexation.
This annexation plan is approved this ____ day of ______, 2018, and shall become effective on April 2, 2018.
______PETE SAENZ MAYOR
ATTESTED:
______JOSE A. VALDEZ, JR. CITY SECRETARY
APPROVED AS TO FORM:
KRISTINA K. LAUREL HALE CITY ATTORNEY
______
Motions 8. City Council-Special Meeting Date: 04/02/2018 Initiated By: Horacio A. De Leon, City Manager Initiated By: Mario I. Maldonado Jr. Staff Source: Executive Director of Transportation
SUBJECT Consideration for approval to ratify the award of work order to Thyssenkrupp Elevator Corporation, of Memphis, Tennessee in the amount of $67,551.64 to complete comprehensive maintenance and repairs of escalator units at the Laredo International Airport Passenger Terminal. Completion time is approximately 3-4 weeks. Funding is available in Airport Operations Fund.
PREVIOUS COUNCIL ACTION None.
BACKGROUND The proposed scope of services is to include, but not limited to:
Escalators #1 and #2: Replace carriage and deck switches. These switches, located at the top and bottom landings. The deck switches act as a kill mechanism should anyone open the pit of the equipment. The carriage switches trip out the equipment should the steps move a certain distance laterally. These are safety and code issues.
Complete and entire escalator clean down on both escalator units. To execute the proper function, the process includes removing each step from the staircase and washing on site prior to replacement. This should remove built-up and debris that has become affixed to each step and allow for a smother operation once replaced into the staircase.
The Airport is to provide an on-site area to perform pressure washing of the steps.
Replace 4” step rollers as necessary. Proposal includes replacement of up to 100 rollers.
Total project clean-down of escalators will take three to four weeks.
COMMITTEE RECOMMENDATION This item was considered by the Airport Advisory Board on March 19, 2018.
STAFF RECOMMENDATION Approval of Motion.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: Airport Operations Fund Account #: 242-3610-583-2030 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in Airport Operations Fund Account No. 242-3610-583-2030
Attachments CC Thyssenkrupp Quote COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION Consideration for approval to ratify the award of work order to Thyssenkrupp 03/19/18 Elevator Corporation, of Memphis, Tennessee in the amount of $67,551.64 to complete comprehensive maintenance and repairs of escalator units at the Laredo International Airport Passenger Terminal. Completion time is approximately 3-4 weeks. Funding is available in Airport Operations Fund.
INITIATED BY: STAFF SOURCE: Horacio A. De Leon, Jr., Mario Maldonado, Jr., City Manager Executive Director of Transportation Miguel Pescador, Purchasing Manager
PREVIOUS COUNCIL ACTION: None.
BACKGROUND:
The proposed scope of services is to include, but not limited to:
Escalators #1 and #2: Replace carriage and deck switches. These switches, located at the top and bottom landings. The deck switches act as a kill mechanism should anyone open the pit of the equipment. The carriage switches trip out the equipment should the steps move a certain distance laterally. These are safety and code issues.
Complete and entire escalator clean down on both escalator units. To execute the proper function, the process includes removing each step from the staircase and washing on site prior to replacement. This should remove built-up and debris that has become affixed to each step and allow for a smother operation once replaced into the staircase.
The Airport is to provide an on-site area to perform pressure washing of the steps.
Replace 4” step rollers as necessary. Proposal includes replacement of up to 100 rollers.
Total project clean-down of escalators will take three to four weeks.
FINANCIAL IMPACT: Funding is available in Airport Operations Fund Account No. 242-3610-583-2030 PO # 294777
COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: This item was considered by the Airport Approval of Motion. Advisory Board on March 19, 2018.
Motions 9. City Council-Special Meeting Date: 04/02/2018 Initiated By: Horacio A. De Leon, City Manager Initiated By: Mario I. Maldonado Jr. Staff Source: Executive Director of Transportation
SUBJECT Consideration to ratify award to Wunderlich-Malec Systems, Inc, Eden Praire, MN with hub in Addison, TX, in the total amount of $64,164.53 to repair Airport Police equipment hardware, software, and programming of security system at various locations at the Laredo International Airport. Repair time is approximately 2 weeks. Funding is available in the Airport Operations Fund.
PREVIOUS COUNCIL ACTION None.
BACKGROUND Existing equipment at the Airport Passenger Terminal 1st floor U.S. Customs and Airport Police area is obsolete and non-operational. Security system hardware equipment was installed in 1997. The equipment is no longer compatible with new security system installed in 2015. Additional access control readers are to be installed at multiple locations along with upgrades to hardware in accordance with requirements of the Airport Security Program mandated by the Transportation Security Administration (TSA).
The Federal Inspection Services (FIS) Facility requires several equipment and software license upgrades from the original installed in 2012 by previous vendor ICON, Inc. The cameras within the U.S. Customs secured areas are not compatible with new security system and must be repaired immediately to comply with U.S. Customs requirements to operate at the FIS.
Furthermore, installation of two (2) 180 Deg Panoramic Cameras at the Passenger Terminal short term parking lot to include view of the T-38 Aircraft display and parking program lanes is needed. Description Amount Passenger Terminal - U.S. Customs & $ 39,926.10 Airport Police secured areas Federal Inspection Services Facility $ 15,621.77 -U.S. Customs secured areas Short term parking lot & T-38 Aircraft $ 8,616.66 Display Total $ 64,164.53
COMMITTEE RECOMMENDATION This item was considered by the Airport Advisory Board on March 19, 2018.
STAFF RECOMMENDATION Approval of Motion.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: Airport Operations Fund Account #: 242-3635-583-2030 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in Airport Operations Fund 242-3635-583-2030 242-3610-583-2030
Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: Airport Operations Fund Account #: 242-3610-583-2030 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in Airport Operations Fund 242-3635-583-2030 242-3610-583-2030
Attachments Quote 1 Quote 2 Quote 3 CC Wunderlich
COUNCIL COMMUNICATION
DATE: SUBJECT: MOTION Consideration to ratify award to Wunderlich-Malec Systems, Inc, Eden Praire, MN with hub 04/02/18 in Addison, TX, in the total amount of $64,164.53 to repair Airport Police equipment hardware, software, and programming of security system at various locations at the Laredo International Airport. Repair time is approximately 2 weeks. Funding is available in the Airport Operations Fund.
INITIATED BY: STAFF SOURCE: Horacio A. De Leon, Jr., Mario Maldonado, Jr., Executive Director of City Manager Transportation Miguel Pescador, Purchasing Manager PREVIOUS COUNCIL ACTION: None.
BACKGROUND:
Existing equipment at the Airport Passenger Terminal 1st floor U.S. Customs and Airport Police area is obsolete and non-operational. Security system hardware equipment was installed in 1997. The equipment is no longer compatible with new security system installed in 2015. Additional access control readers are to be installed at multiple locations along with upgrades to hardware in accordance with requirements of the Airport Security Program mandated by the Transportation Security Administration (TSA).
The Federal Inspection Services (FIS) Facility requires several equipment and software license upgrades from the original installed in 2012 by previous vendor ICON, Inc. The cameras within the U.S. Customs secured areas are not compatible with new security system and must be repaired immediately to comply with U.S. Customs requirements to operate at the FIS.
Furthermore, install two (2) 180 Deg Panoramic Cameras at the Passenger Terminal short term parking lot to include view of the T-38 Aircraft display and parking program lanes.
Description Amount Passenger Terminal - U.S. Customs & $ 39,926.10 Airport Police secured areas Federal Inspection Services Facility -U.S. $ 15,621.77 Customs secured areas Short term parking lot & T-38 Aircraft $ 8,616.66 Display Total $ 64,164.53
FINANCIAL IMPACT: Funding is available in Airport Operations Fund 242-3635-583-2030 242-3610-583-2030 COMMITTEE RECOMMENDATION: STAFF RECOMMENDATION: This item was considered by the Airport Advisory Approval of Motion. Board on March 19, 2018.
Motions 10. City Council-Special Meeting Date: 04/02/2018 Initiated By: Jose A. Valdez Jr., City Secretary Staff Source: Jose A. Valdez, City Secretary
SUBJECT Consideration to appoint a Mayor Pro Tempore as per Ordinance 2011-O-029 and whose one year term shall start April 2, 2018.
PREVIOUS COUNCIL ACTION ORDINANCE 2011-R-029 AMENDING ORDINANCE 90-O-101 PROVIDING FOR THE OFFICE OF MAYOR PRO TEM; TERM OF SUCH OFFICE; ROLE OF SUCH OFFICE; AND WHO SHALL PRESIDE IN THE ABSENCE OF MAYOR AND MAYOR PRO TEM BY AMENDING SECTION 1 FROM THE SECOND MEETING IN MAY OF THE SECOND MEETING IN NOVEMBER OR EACH YEAR.
At the second meeting in November of each year, or at the first meeting after all Council Members are elected and qualified (in any year in which there is a regular municipal election) the City Council shall nominate and confirm one of the Council Members who shall be known and designated as Mayor Pro Tem, and who shall continue to hold the title and office until the nomination and confirmation of his successor or until the expiration of his or her term as Council Member, whichever sooner occurs during his or her term as Mayor Pro Tempore.
BACKGROUND 1990 - Jacinto Juarez 2009 - Hector Garcia 1991 - Hector Liendo 2010 - Johnny Rendon 1992 - Blas Castaneda 2011 - Mike Garza 1993 - Eduardo Perales 2012 – Cindy Liendo Espinoza 1994 - Cecilia May Moreno 2013 – Juan Narvaez 1995 - Felipe Cardenas 2014 – Esteban Rangel 1996 - Poncho Casso 2015 - Alejandro "Alex" Perez 1997 - Jose R. Perez 1998 - Louis H. Bruni 1999 - Consuelo Montalvo 2000 - Joe A. Guerra 2001 - Eliseo Valdez, Jr. 2002 - Alfredo Agredano 2003 - John C. Galo 2004 - Johnny Amaya 2005 - Jose A. Valdez, Jr. 2006 - Juan Ramirez 2007 - Gene Belmares 2008 - Jose A. Valdez, Jr.
COMMITTEE RECOMMENDATION None
STAFF RECOMMENDATION Approval of this Motion.
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: N/A
Motions 11. City Council-Special Meeting Date: 04/02/2018 Initiated By: Cynthia Collazo, Deputy City Manager Staff Source: Arturo Garcia, CD Director
SUBJECT Authorizing the City Manager to execute a contract with Park Place Recreation Designs, Inc., for the purchase and installation of playground equipment amenities for Farias Recreational Improvements in the amount of $83,602.00. This purchase is utilizing the BuyBoard Cooperative Purchasing Program; contract # 512-16. Funding is available in the Community Development Block Grant.
VENDOR INFORMATION FOR COMMITTEE AGENDA None.
PREVIOUS COUNCIL ACTION Authorized participation in the BuyBoard Cooperative Purchasing Program.
BACKGROUND Staff is requesting authorization to purchase a playground for the Farias Recreational Improvements (Farias Elementary School). All labor, materials, equipment, and service are included in total price. Staff went out for BuyBoard quotes and received (4) four quotes, Park Place Recreation Designs, Inc was the lowest quote. Staff recommends awarding the contract utilizing the BuyBoard's copperative purchasing program contract pricing.
COMMITTEE RECOMMENDATION None.
STAFF RECOMMENDATION It is recommended that this contract be approved.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: CDBG Account #: 211-8680-555-1353 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in the Community Development Fund Account 211-8680-555-1353
Attachments Park Place BuyBoard Quote
Motions 12. City Council-Special Meeting Date: 04/02/2018 Initiated By: Cynthia Collazo, Deputy City Manager Initiated By: Cynthia Collazo, Deputy City Manager Staff Source: Arturo Garcia, CD Director
SUBJECT Authorizing the City Manager to amend the 2016 Emergency Solutions Grant (ESG) contracts with Bethany House of Laredo, Inc. and Casa de Misericordia (CASA) by increasing the total amount awarded to each agency by an additional $7,350.00 in funding and extending the contract deadline to August 10, 2018. The additional awarded funds will be utilized to cover expenses related to maintenance (including minor or routine repairs), rent, security, fuel, equipment, insurance, utilities, food, furnishing and/or supplies necessary for the operations of the emergency shelter.These available ESG funds are administrative savings and must be utilized for eligible ESG activities.
PREVIOUS COUNCIL ACTION 11/07/2016 - Council approved the award of the 2016 ESG funds to Bethany House of Laredo, Inc. and Casa de Misericordia (CASA).
BACKGROUND Bethany House of Laredo was awarded $247,600.00 in 2016 Emergency Solutions Grant (ESG) funds for the Shelter Operations, provision of Essential Services, Street Outreach services, Homelessness Prevention assistance, Rapid Re-Housing assistance, and the Homeless Management Information System (HMIS) administrative cost and Casa de Misericordia was awarded $40,000.00 for the shelter operations.
Both agencies are requesting additional funds for the operations of their shelter. City staff identified an administrative saving in the amount of $14,700.00 in ESG funds that would benefit both agencies. Staff recommends an equal distribution between both agencies. Funds must be utilized for eligible ESG activities.
COMMITTEE RECOMMENDATION N\A
STAFF RECOMMENDATION That this motion be passed.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: ESG Account #: 219-8652 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in the 2016 ESG grant year.
Motions 13. City Council-Special Meeting Date: 04/02/2018 Initiated By: Cynthia Collazo, Deputy City Manager Staff Source: Arturo Garcia, CD Director
SUBJECT Authorizing the City Manager to approve an amendment to BluLynx Solutions, Inc. contract due to the U.S. Department of Housing and Urban Development (HUD) updated notice regarding the submission of the Assessment of Fair Housing (AFH). The amendment will revise the scope of work to complete a robust Analysis of Impediments (AI) to Fair Housing Choice. This is a no increase cost to the contract amount.
VENDOR INFORMATION FOR COMMITTEE AGENDA None.
PREVIOUS COUNCIL ACTION On 06/05/17, City Council awarded a contract to Blulynx Solutions to conduct an Assessment of Fair Housing.
BACKGROUND Blulynx Solutions was contracted to perform a Fair Housing Assessment. Recently, the U. S. Department of Housing and Urban Development (HUD) published a notice advising entitlement communities that submission of their fair housing plans process had not been finalized, so there was no approval process established. Based on this notice, staff is recommending amending the contract with Blulynx Solutions to conduct a robust Analysis of Impediments (AI) instead to satisfy current HUD requirements and updating our current AI. Once HUD establishing approval criteria. We will reinitiate the process in the future.
COMMITTEE RECOMMENDATION None.
STAFF RECOMMENDATION That this motion be approved.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: CDBG Source of Funds: CDBG Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: No Financial Impact
Attachments Blulynx Contract Amendment 1
Motions 14. City Council-Special Meeting Date: 04/02/2018 Initiated By: Horacio A. De Leon, City Manager Staff Source: Rogelio Rivera, P.E., City Engineer; Arturo Garcia, CD Director
SUBJECT Consideration for approval of the CDBG Sidewalk Project District II (12 City-Blocks) as complete, release of retainage and approval of final payment in the amount of $7,498.00 to ALC Construction, Inc., Laredo, Texas. Final construction contract amount is $74,980.00. Funding is available in the CDBG 42nd Action Year Grant.
PREVIOUS COUNCIL ACTION On October 16, 2017, City Council awarded a construction contract to the lowest bidder ALC Construction, Inc., Laredo, Texas, in the base bid amount of $74,980.00 for the CDBG Sidewalk Project District II (12 City- Blocks) with a construction contract time of ninety (90) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents.
BACKGROUND The original project consisted of ADA accessible sidewalk improvements throughout the City of Laredo. Generally the sidewalks are 4 feet in width and four inches thick with ADA ramps at each street crossing. The project also included concrete header curbs, retaining walls, and utility adjustments as required by the plans and specifications.
Plans and specifications were prepared by in-house by the Engineering Department.
Notice to proceed was issued on January 26, 2018, with a completion date of approximately March 2018. Original construction contract amount (Awarded by City Council on October 16, $74,980.00 2017) Final construction contract amount $74,980.00
List of sidewalks was as follows: Street Name From To Side No. of Blocks Smith Chacota Monterrey East 3 Palo Blanco S. Canada Avenue Arkansas South 2 Arkansas Thurman Norton East 1 Norton S. Arkansas New York North 1 Chacota Canada New York South 1 Diaz Louisiana New York North 1.5 S. Bartlett Hall Street Ireland Street West 1 Ireland S. Bartlett Malinche Avenue South 1 Total No. of Sidewalks 11.5 Blocks
The project was completed within the contract time allotted.
COMMITTEE RECOMMENDATION N/A.
STAFF RECOMMENDATION Approval of Motion.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Yes Source of Funds: CDBG 42nd Action Year Account #: 211-8640-535-1419 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in the CDBG 42nd Action Year Grant. Account No. 211-8640-535-1419
Attachments Site Map
Motions 15. City Council-Special Meeting Date: 04/02/2018 Initiated By: Horacio A. De Leon, City Manager Staff Source: Rogelio Rivera, P.E., City Engineer; Mario Maldonado, Jr., Executive Director of Transportation
SUBJECT Consideration for approval to award a professional services contract to RS&H, San Antonio, Texas, for an amount of $322,778.00 to prepare an overall Land Use Development Plan (LUDP) for airport-owned property that is predominantly “outside-the-fence” for the Laredo International Airport. LUDP is to be done on a fast track basis. Funding is available in the Airport Construction Fund.
PREVIOUS COUNCIL ACTION None.
BACKGROUND Scope of services include, but are not limited to:
The Laredo International Airport owns land that is “outside the fence” of what is used for typical airport/aeronautical land uses. Some parcels are vacant, while others are residential rental units, among other various mixed land uses. The Airport will initiate a Land Use Development Plan (LUDP), that will provide specific information regarding existing land use, proposed land use, existing utility and roadway infrastructure, phasing and rough costs for development, and coordination with stakeholders and members of the real estate market. This will provide a logical and systematic approach in developing the property by establishing policies, guidelines and standards to guide future development. By creating a well-conceived LUDP, the Airport can ensure that the aviation assets will be protected to serve its primary aviation function while at the same time maximizing revenues to enhance its financial sustainability, ensuring community compatibility, maintaining flexibility to respond to demand as it may occur and promoting affordability for prospective developers. The project will identify the steps needed to be taken for the systematic and incremental implementation of this LUDP in order to logically and thoughtfully develop (or redevelop) the non-aeronautical areas and identify the most readily available sites for business, aviation, light industrial, residential or other acceptable land uses.
The Land Use Development Plan is to be done on a fast track basis.
Fee breakdown is as follows: Team Administration and Client Coordination $14,820.00 Data Collection $21,220.00 Existing Conditional Memorandum $24,620.00 Preparation of Land Use Development Plan $47,340.00 Refinement of Land Use Development Plan $36,990.00 Implementation Strategy Discussions $35,225.00 Outreach and Marketing/Business $21,940.00 Development Plan Preparation of Development Standards $35,330.00 Documentation $43,245.00 Cost Estimates $10,420.00 Expenses $8,128.00 Sub-consultants $23,500.00 Total Fee $322,778.00
COMMITTEE RECOMMENDATION This item was presented to the Airport Advisory Board on March 19, 2018.
STAFF RECOMMENDATION Approval of Motion.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Yes Source of Funds: Airport Construction Fund Account #: 433-3682-585-9301 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in the Airport Construction Fund. Account No. 433-3682-585-9301
Attachments Proposal Submitted by RS&H
Motions 16. City Council-Special Meeting Date: 04/02/2018 Initiated By: Horacio A. De Leon, City Manager Staff Source: Rogelio Rivera, P.E., City Engineer; Graciela S. Briones, Asst. Parks and Leisure Director
SUBJECT Consideration for approval to award a construction contract to the lowest qualified bidder AZAR Services, L.L.C., Laredo, Texas, in the amount of $93,952.40 (which includes the base bid and additive alternate) for the Bartlett Sports Complex Park Basketball Court Project with a construction contract time of ninety (90) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents. Completion date for the project is scheduled for July 2018. Funding is available in the 2016 CO.
PREVIOUS COUNCIL ACTION On March 19, 2018, City Council tabled item to award a construction contract to the lowest qualified bidder AZAR Services, L.L.C., Laredo, Texas, in the amount of $93,952.40 (which includes the base bid and additive alternate) for the Bartlett Sports Complex Park Basketball Court Project with a construction contract time of ninety (90) calendar days; and authorizing the City Manager to execute all related contract documents contingent upon receipt and approval of insurance and bond documents.
BACKGROUND The project consists of constructing a high school size basketball court and the installation of six (6) goals. Also included in this project is an additive “alternate lighting” with a control box and weatherproof mechanical timer, switches and outlets and four (4) poles with LED lighting approved for a basketball court in place, required as per building code.
Plans and specifications were prepared by in-house by the Engineering Department.
Eight (8) bids were received at the City Secretary’s Office at 4:00 P.M. on Thursday, February 22, 2018, and publicly opened, read, and taken under advisement on Friday, February 23, 2018, at 9:30 A.M. as follows: Base Bid Additive Alternate Contractor (s) (Basketball Court Total (Lighting) Concrete Slab) South Texas Buildcon $66,150.00 $12,700.00 $78,850.00 Edinburg, Texas AZAR Services, L.L.C. $73,252.40 $20,700.00 $93,952.40 Laredo, Texas Rizuma Construction, L.L.C. $79,885.00 $30,000.00 $121,000.00 Laredo, Texas Davila-Zertuche JV LLC. $107,333.00 $23,980.00 $131,313.00 Laredo, Texas Romo Contractors, LLC. $81,000.00 $25,000.00 $106,000.00 Laredo, Texas ALC Construction, Inc. $89,000.00 $24,100.00 $113,100.00 Laredo, Texas Terra Construction, $91,000.00 $30,000.00 $121,000.00 Laredo, Texas Altus Construction, LLC. $104,231.40 $25,394.88 $129,626.28 Laredo, Texas
The bid and bid bonds for AZAR Services, L.L.C., Laredo, Texas, were checked and found to be in order. Staff therefore recommends award in the amount of $93,952.40 (which includes the base bid and additive alternate) to the lowest qualified bidder AZAR Services, L.L.C., Laredo, Texas. The lowest bidder did not submit an original bid bond.
Construction contract time is ninety (90) calendar days after notice to proceed is issued. Completion date for the project is scheduled for July 2018.
COMMITTEE RECOMMENDATION N/A.
STAFF RECOMMENDATION Approval of Motion.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Yes Source of Funds: 2016 CO. Account #: 470-9822-535-4768 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in the 2016 CO. Account No. 470-9822-535-4768.
Attachments Site Map and Bid Submitted by AZAR Services, L.L.C.
Motions 17. City Council-Special Meeting Date: 04/02/2018 Staff Source: Cynhia Collazo, Deputy City Manager; Nathan R. Bratton, Planning Director
SUBJECT Motion adopting the following schedule of hearings and proceedings for voluntary annexations for calendar year 2018: April 3, 2018 Begin annexation petition/application submissions. May 8, 2018 Annexation petition/application deadline at 5:00 p.m. Council meeting authorizing by motion the drafting of annexation July 16, 2018 agreements and service plans for submitted annexation requests and refer to Planning and Zoning Commission. Planning and Zoning Commission meeting and review of August 16, 2018 proposed annexation and proposed zoning designations. September 4, City Council holds first public hearing on proposed annexation/s. 2018 Loc. Gov't Code §43.063. September 17, City Council holds Second public hearing on proposed 2018 annexation/s. Loc. Gov't Code §43.063. City Council meeting: Introduction of an ordinance instituting annexation proceedings and adopting a service plan for the areas October 1, 2018 to be annexed and establishing zoning. (Not more than forty (40) nor less than twenty (20) days from the date of public hearings. (Institution of Proceedings). City Council Meeting: Second reading and adoption of annexation ordinance of an ordinance instituting annexation proceedings and October 15, 2018 adopting a service plan for the areas to be annexed and establishing zoning. (Completion of Proceedings). Loc. Gov't Code §43.064.
PREVIOUS COUNCIL ACTION None
BACKGROUND Landowner has requested that an annexation cycle commence.
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION N/A
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: N/A
Motions 18. City Council-Special Meeting Date: 04/02/2018 Initiated By: Martin Aleman, Executive Director of Finance and Technology Staff Source: Stephen R. Geiss, Solid Waste Department Director, Miguel A. Pescador, Purchasing Agent
SUBJECT Consideration to award annual service contract FY18-040 to the sole bidder Austin Wood Recycling, Cedar Park, Texas in an amount up to $100,000.00 for the grinding of wood waste material (brush, branches, pallets, etc.,) at the City Landfill. Approximately 100,000 cubic yards of material will be disposed on an annual basis. The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. This contract allows for two additional, one year extensions upon mutual agreement of the parties. Funding is available in the Solid Waste Services Department Fund.
VENDOR INFORMATION FOR COMMITTEE AGENDA None.
PREVIOUS COUNCIL ACTION None.
BACKGROUND The City went out on formal bid solicitations through Cit-E-Bid for awarding a contract for providing wood grinding services needed at the Solid Waste Services Department. This contract establishes a grinding services rate per cubic yard. Staff is recommending that this contract be awarded to the sole bidder Austin Wood Recycling.
The term of this contract shall be for a period of one (1) year beginning as of the date of its execution. The contract allows for two additional one year extensions upon mutual agreement of the parties. Should the vendor desire to extend the contract for the additional one year period, it must so notify the City in writing no later than thirty (60) days before the expiration of the prior term. Such notification shall be effective upon actual receipt by the City. Renewals shall be in writing and signed by the City's Purchasing Manager & City Manager or his designee, without further action by the Laredo City Council, subject to and contingent upon appropriation of funding therefore. All annual contracts shall bound by the terms of the bid documents. The City shall also have the right to extend this contract under the same terms and conditions beyond the original term or any renewal thereof, on a month to month basis, not to exceed 3 months. Said month to month extensions shall be in writing, signed by the City's Purchasing Manager & City Manager or his designee, and shall not require City Council approval, subject to and contingent upon appropriation of funding therefore. The City approval, subject to and contingent upon appropriation of funding therefore. The City reserves the right to renew or rebid this contract, if the appropriated funds initially approved by City Council are exhausted before the contract expiration date.
Current Contract Pricing
Austin Wood Recycling Unit Price Option 1 Single Pass Grinding (1”x6”) $ 1.00/cyd Option 2 Double Pass Grinding (<1”x6”) $ 1.35/cyd
COMMITTEE RECOMMENDATION None.
STAFF RECOMMENDATION It is recommended that this contract be approved.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Yes Source of Funds: Account #: 556-2560-533-2010 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: The purpose of this contract is to establish prices for the commodities or services needed, should the City need to purchase these commodities or services. The City’s obligation for performance of an annual supply contract beyond the current fiscal year is contingent upon the availability of appropriated funds from which payments for the contract purchases can be made. If no funds are appropriated and budgeted during the next fiscal year, this contract becomes null and void.
Attachments Contract FY18-040
Motions 19. City Council-Special Meeting Date: 04/02/2018 Initiated By: Ramon Chavez, Executive Director of Public Services Staff Source: Robert A. Eads
SUBJECT Consideration to authorize a professional services contract with Lockwood, Andrews & Newnam, Inc., in the estimated amount of $599,999.30 to develop traffic signal coordination timing plans for 6 high traffic volume time periods on FM 1472 /Mines Road (am, noon, pm & off-peak, Monday peak and Friday peak). Also, develop traffic signal coordination timing plans for 4 typical weekday high traffic volume time periods (am, noon, pm & offpeak) along US Highway 83 (Zapata Highway), Bob Bullock Loop (Loop 20), McPherson Road, State Highway 359, Business IH35 and IH 35 Frontage Roads for a total of 80 traffic signal controlled intersections. This project is being funded by Coordinated Border Infrastructure (CBI) Funds. Funding is available in the Capital Grants Fund.
VENDOR INFORMATION FOR COMMITTEE AGENDA N/A
PREVIOUS COUNCIL ACTION December 4, 2017 - The top ranked engineering consulting firm, Lockwood, Andrews & Newnam, Inc., was selected for project, and staff was directed to negotiate a contract for the City-Wide Traffic Synchronization project by the City Council.
BACKGROUND 2016-R-51 Authorizing the City Manager to execute an Advanced Funding Agreement (AFA) No. CSJ-0922-33-158 with the Texas Department of Transportation in the amount of $600,000.00, including a local participation in the amount of $135,000.00, for the City Wide Traffic Signal Upgrade - Synchronization Project. This project is being funded by Coordinated Border Infrastructure (CBI) funds. Funding is available in the Capital Grant Fund.
2017-R-09 Authorizing the City Manager to allow the City to follow TxDOT’s procurement process for the Traffic Synchronization Project which is federally funded. This special procurement process, which differs from the City of Laredo’s procurement process is required by the Federal Highway Administration, 23 CFR Part 172 for this project through an Advance Funding Agreement already authorized by the City Council and TxDOT.
2017-R-134 Consideration to affirm the selection of the top three ranked engineering consultant firms based on Request for Qualifications (RFQ) received, following TXDOT’s procurement process as per Resolution 2017-R-09 approved by City Council on January 17, 2017, and authorizing the City Manager to request proposals or conduct interviews in lieu of from these selected firms, and negotiate a contract with the best option/firm for a City wide Traffic Synchronization project. Funding is available in the Capital Grants Fund - Traffic Synchronization Grant.
December 4, 2017 - The top ranked engineering consulting firm, Lockwood, Andrews & Newnam, Inc., was selected for project, and staff was directed to negotiate a contract for the City-Wide Traffic Synchronization project by the City Council.
COMMITTEE RECOMMENDATION Transportation Satiety Advisory Committee recommends approval.
STAFF RECOMMENDATION Approval of contract as presented.
Fiscal Impact Fiscal Year: 2018 Bugeted Y/N?: Y Source of Funds: TXDOT Account #: 458-2661-525-93-05 Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: Funding is available in the Capital Grant Fund account 458-2661-525-9305.
Attachments Contract Exhibit A Exhibit B Exhibit C Exhibit D Work Authorization WAs Used Contract No. CSJ# 0922-33-158
THE CITY OF LAREDO, TEXAS §
COUNTY OF WEBB §
CONTRACT FOR ENGINEERING SERVICES Cost Plus Fixed Fee, Unit Cost, Lump Sum, or Specified Rate Indefinite Deliverable with Work Authorizations
THIS CONTRACT FOR ENGINEERING SERVICES is made by and between the City of Laredo, Texas, 1110 Houston Street, Laredo, Texas 78042, hereinafter called "City," and Lockwood, Andrews & Newnam, Inc., having its principal business address at 10101 Reunion Place, San Antonio, TX 78216, hereinafter called "Engineer," for the purpose of contracting for engineering services. WITNESSETH
WHEREAS , Government Code, Chapter 2254, Subchapter A, "Professional Services Procurement Act," provides for the procurement of engineering services; and
WHEREAS , the City desires to contract for engineering services generally described as Laredo Traffic Signal Synchronization, Phase 1; and,
WHEREAS , the City has selected the Engineer to provide the needed services and the Engineer has agreed to provide the services subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE , the City and the Engineer, in consideration of the mutual covenants and agreements herein contained, do hereby mutually agree as follows.
AGREEMENT
ARTICLE 1. SCOPE OF SERVICES . The City and the Engineer will furnish items and perform those services for fulfillment of the contract as identified in Attachment B, Services to be Provided by the City and Attachment C, Services to be Provided by the Engineer. All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers.
ARTICLE 2. CONTRACT PERIOD A. Contract Effective Date. This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed.
B. Contract Termination Date. This contract terminates upon the earliest occurrence of the following: 1. April 1, 2019 at 11:59 PM in Laredo, Texas, 2. Fifth anniversary of execution at 11:59 PM in Austin, Texas in accordance with 43 Tex. Admin. Code § 9.32(b)(1)(C), 3. Completion of all work authorized in the first three years of the contract, or 4. Termination in accordance with Article 15, Termination, of Attachment A, General Provisions, or other applicable contract provision.
C. Amendment of Contract Period. The parties may modify the contract termination date by written supplemental agreement prior to the date of termination as set forth in Article 6, Supplemental Agreements, of attachment A, General Provisions, provided, however, that the termination date may, in no event, be extended past the fifth anniversary of execution.
D. Work Performed Outside Contract Period. Engineer shall not invoice City and City will not reimburse Engineer for any work performed or cost incurred before or after the contract period.
ARTICLE 3. COMPENSATION . A. Maximum Amount Payable. The maximum amount payable under this contract without modification is
Engineering–Engineering_IndefDelwWA.doc Page 1 of 4 Rev. 11/01/2017 WAs Used Contract No. CSJ# 0922-33-158 shown in Attachment E, Fee Schedule. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.
B. Basis of Payment. The basis of payment is identified in Attachment E, Fee Schedule. Reimbursement of costs incurred under a work authorization shall be in accordance with Attachment E, Fee Schedule.
C. Reimbursement of Eligible Costs . To be eligible for reimbursement, the Engineer's costs must (1) be incurred in accordance with the terms of a valid work authorization; (2) be in accordance with Attachment E, Fee Schedule; and (3) comply with cost principles set forth at 48 CFR Part 31, Federal Acquisition Regulation (FAR 31). Satisfactory progress of work shall be maintained as a condition of payment.
D. Engineer Payment of Subproviders . No later than ten (10) days after receiving payment from the City, the Engineer shall pay all subproviders for work performed under a subcontract authorized hereunder. The City may withhold all payments that have or may become due if the Engineer fails to comply with the ten-day payment requirement. The City may also suspend the work under this contract or any work authorization until subproviders are paid. This requirement also applies to all lower tier subproviders, and this provision must be incorporated into all subcontracts.
ARTICLE 4. PAYMENT REQUIREMENTS A. Monthly Billing Statements . The Engineer shall request reimbursement of costs incurred by submitting the original and one copy of an itemized billing statement in a form acceptable to the City. The Engineer is authorized to submit requests for reimbursement no more frequently than monthly and no later than ninety (90) days after costs are incurred.
B. Billing Statement . The billing statement shall show the work authorization number for each work authorization included in the billing, the total amount earned to the date of submission, and the amount due and payable as of the date of the current billing statement for each work authorization. The billing statement shall indicate if the work has been completed or if the billing is for partial completion of the work. The fixed fee will be paid in proportion to the percentage of work completed per work authorizations.
C. Overhead Rates . The Engineer shall use the provisional overhead rate indicated in Attachment E. If a periodic escalation of the provisional overhead rate is specified in Attachment E, the effective date of the revised provisional overhead rate must be included. For lump sum contracts, the overhead rate remains unchanged for the entire contract period.
D. Thirty Day Payments . Upon receipt of a billing statement that complies with all invoice requirements set forth in this Article, the City shall make a good faith effort to pay the amount which is due and payable within thirty (30) days.
E. Withholding Payments . The City reserves the right to withhold payment of the Engineer's billing statement in the event of any of the following: (1) If a dispute over the work or costs thereof is not resolved within a thirty day period; (2) pending verification of satisfactory work performed; (3) the Engineer becomes a delinquent obligor as set forth in Section 231.006 of the Family Code; (4) required reports are not received; or (5) the City Comptroller of Public Accounts will not issue a warrant to the Engineer. In the event that payment is withheld, the City shall notify the Engineer and give a remedy that would allow the City to release the payment.
F. Required Reports. (1) The Engineer shall submit a separate report with each billing statement showing the percent completion of the work accomplished during the billing period and the percent completion to date, and any additional written report requested by the City to document the progress of the work.
G. Subproviders and Suppliers List . Pursuant to requirements of 43 Texas Administrative Code §9.350 et seq., the Engineer must provide the City a list (Exhibit H-5/DBE or Exhibit H-6/HUB) of all Subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include subproviders and suppliers names, addresses, telephone numbers, and type of work desired.
H. Debt to the City. If the City Comptroller of Public Accounts is prohibited from issuing a warrant or initiating an electronic funds transfer to the Engineer because of a debt owed to the City, the City shall apply all payment due the Engineer to the debt or delinquent tax until the debt or delinquent tax is paid in full. Engineering–Engineering_IndefDelwWA.doc Page 2 of 4 Rev. 11/01/2017 WAs Used Contract No. CSJ# 0922-33-158
I. Audit. The City auditor may conduct an audit or investigation of any entity receiving funds from the City 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 this contract acts as acceptance of the authority of the City auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the City auditor with access to any information the City auditor considers relevant to the investigation or audit.
ARTICLE 5. WORK AUTHORIZATIONS . The City will issue work authorizations using the form included in Attachment D (Work Authorizations and Supplemental Work Authorizations) to authorize all work under this contract. The Engineer must sign and return a work authorization within seven (7) working days after receipt. Refusal to accept a work authorization may be grounds for termination of the contract. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to work not directly associated with or prior to the execution of a work authorization. Terms and conditions governing the use of work authorizations are set forth in Attachment A, General Provisions, Article 1.
ARTICLE 6. SIGNATORY WARRANTY . The undersigned signatory for the Engineer hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this contract and that he or she has full and complete authority to enter into this contract on behalf of the firm. These representations and warranties are made for the purpose of inducing the City to enter into this contract.
ARTICLE 7. All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses:
Engineer: City :
Robert D. Austin Robert A. Eads Senior Associate, Team Leader Traffic Department Director Lockwood, Andrews & Newnam, Inc. City of Laredo 10101 Reunion Place, Suite 200 5512 Thomas Avenue San Antonio, Texas 78216 Laredo, Texas 78041
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party.
ARTICLE 8. INCORPORATION OF PROVISIONS . Attachments A through G are attached hereto and incorporated into this contract as if fully set forth herein.
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IN WITNESS WHEREOF , the City and the Engineer have executed this contract in duplicate.
THE ENGINEER THE CITY OF LAREDO, TEXAS
(Signature) (Signature)
Robert D. Austin (Printed Name) (Printed Name)
Sr. Associate, Team Leader (Title) (Title)
March 30, 2018 (Date) (Date)
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Attachments to Contract for Engineering Services Incorporated into the Contract by Reference
Attachments Title A General Provisions B Services to Be Provided by the City C Services to Be Provided by the Engineer D Work Authorization and Supplemental Work Authorization E Fee Schedule F Not Applicable G Computer Graphics Files for Document and Information Exchange, if applicable
Eng - IndefDelwWA.doc Page 1 of 1 List of Attachments WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT A
GENERAL PROVISIONS
INDEX TO PROVISIONS
Article Title 1 Work Authorizations 2 Progress 3 Suspension of Work 4 Additional Work 5 Changes in Work 6 Supplemental Agreements 7 Ownership of Data 8 Public Information 9 Personnel, Equipment and Material 11 Subcontracting 12 Inspection of Work 13 Submission of Reports 14 Violation of Contract Terms 15 Termination 16 Compliance with Laws 17 Indemnification 18 Engineer’s Responsibility 19 Non-collusion 20 Insurance 21 Gratuities 22 DBE/HUB Requirements 23 Maintenance, Retention and Audit of Records 24 Nepotism Disclosure 25 Civil Rights Compliance 26 Patent Rights 27 Computer Graphics Files 28 Child Support Certification 29 Disputes 30 Successors and Assigns 31 Severability 32 Prior Contracts Superseded 33 Conflict of Interest 34 Office of Management and Budget (OMB) Audit Requirements 35 Debarment Certifications 36 E-Verify Certification 37 Restrictions on Employment of Former City Officer or Employee 38 Pertinent Non-Discrimination Authorities 39 Boycott Israel
Engineering–Engineering_IndefDelwWA.doc Page 1 of 1 Attachment A Index WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT A
GENERAL PROVISIONS
ARTICLE 1. WORK AUTHORIZATIONS A. Use . The Engineer shall not begin any work until the City and the Engineer have signed a work authorization. Costs incurred by the Engineer before a work authorization is fully executed or after the completion date specified in the work authorization are not eligible for reimbursement. All work must be completed on or before the completion date specified in the work authorization, and no work authorization completion date shall extend beyond the contract period set forth in Article 2 of the contract (Contract Period).
The maximum contract time is the time needed to complete all work authorizations that will be issued in the first three years of the contract. All work authorizations must be issued within the initial three-year period, starting from the contract execution date.
B. Contents . Each work authorization will specify (1) the types of services to be performed; (2) a period of performance with a beginning and ending date; (3) a full description of the work to be performed; (4) a work schedule with milestones; (5) a cost not to exceed amount, (6) the basis of payment whether cost plus fixed fee, unit cost, lump sum, or specified rate; and (7) a work authorization budget calculated using fees set forth in Attachment E, Fee Schedule. The Engineer is not to include additional contract terms and conditions in the work authorization. In the event of any conflicting terms and conditions between the work authorization and the contract, the terms and conditions of the contract shall prevail and govern the work and costs incurred.
C. Work Authorization Budget . A work authorization budget shall set forth in detail (1) the computation of the estimated cost of the work as described in the work authorization, (2) the estimated time (hours/days) required to complete the work at the hourly rates established in Attachment E, Fee Schedule; (3) a work plan that includes a list of the work to be performed, (4) a stated maximum number of calendar days to complete the work, and (5) a cost-not-to-exceed-amount or unit or lump sum cost and the total cost or price of the work authorization. The City will not pay items of cost that are not included in or rates that exceed those approved in Attachment E.
D. No Guaranteed Work . Work authorizations are issued at the discretion of the City. While it is the City's intent to issue work authorizations hereunder, the Engineer shall have no cause of action conditioned upon the lack or number of work authorizations issued.
E. Incorporation into Contract . Each work authorization shall be signed by both parties and become a part of the contract. No work authorization will waive the City's or the Engineer's responsibilities and obligations established in this contract. The Engineer shall promptly notify the City of any event that will affect completion of the work authorization.
F. Supplemental Work Authorizations . Before additional work may be performed or additional costs incurred, a change in a work authorization shall be enacted by a written supplemental work authorization in the form identified and attached hereto as Attachment D. Both parties must execute a supplemental work authorization within the period of performance specified in the work authorization. The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with the performance or prior to the execution of the work authorization. The Engineer shall allow adequate time for review and approval of the supplemental work authorization by the City prior to expiration of the work authorization. Any supplemental work authorization must be executed by both parties within the time period established in Article 2 of the contract, (Contract Period). Under no circumstances will a work authorization be allowed to extend beyond the contract's expiration date or will the total amount of funds exceed the maximum amount payable set forth in Article 3A of the contract (Compensation).
F-1. More Time Needed . If the Engineer determines or reasonably anticipates that the work authorized in a work authorization cannot be completed before the specified completion date, the Engineer shall promptly notify the City. The City may, at its sole discretion, extend the work authorization period by execution of supplemental authorization, using the form attached hereto as Attachment D.
F-2. Changes in Scope . Changes that would modify the scope of the work authorized in a work authorization must be enacted by a written supplemental work authorization. The Engineer must allow Eng - IndefDelwWA.doc Page 1 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158
adequate time for the City to review and approve any request for a time extension prior to expiration of the work authorization. If the change in scope affects the amount payable under the work authorization, the Engineer shall prepare a revised work authorization budget for the City's approval.
G. New Work Authorization . If the Engineer does not complete the services authorized in a work authorization before the specified completion date and has not requested a supplemental work authorization, the work authorization shall terminate on the completion date. At the sole discretion of the City, it may issue a new work authorization to the Engineer for the incomplete work using the unexpended balance of the preceding work authorization for the project. If approved by the City, the Engineer may calculate any additional cost for the incomplete work using the rates set forth in the preceding work authorization and in accordance with Attachment E, Fee Schedule.
H. Emergency Work Authorizations. The City, at its sole discretion, may accept the Engineer's signature on a faxed copy of the work authorization as satisfying the requirements for executing the work authorization, provided that the signed original is received by the City within five business days from the date on the faxed copy.
I. Proposal Work Authorizations. The City may issue a proposal work authorization under which the Engineer will submit a proposal for additional work. The proposal must be for additional work that is within the defined scope of work under this contract. The amount to be paid for a proposal work authorization will be a lump sum for each proposal. The lump sum payment will be no less than two percent (2%) and no more than four percent (4%) of the City's estimate of the cost of the additional work. The Engineer may elect without penalty not to submit a proposal in response to a proposal work authorization. Any proposal submitted in response to a proposal work authorization will be the sole property of the City. The City may, at its option, issue similar or identical proposal work authorizations under other contracts, and the proposals submitted in response to the various proposal work authorizations may be compared by the City for the purpose of determining the contract under which the work will be awarded. The determination of the contract under which the work will be awarded will be based on the design characteristics of the proposal and the Engineer's qualifications and will not consider the Engineer's rates.
J. Deliverables . Upon satisfactory completion of the work authorization, the Engineer shall submit the deliverables as specified in the executed work authorization to the City for review and acceptance.
ARTICLE 2. PROGRESS A. Progress meetings . The Engineer shall from time to time during the progress of the work confer with the City. The Engineer shall prepare and present such information as may be pertinent and necessary or as may be requested by the City and/or State in order to evaluate features of the work.
B. Conferences . At the request of the City or the Engineer, conferences shall be provided at the Engineer's office, the office of the City, or at other locations designated by the City. These conferences shall also include evaluation of the Engineer's services and work when requested by the City.
C. Inspections . If federal funds are used to reimburse costs incurred under this contract, the work and all reimbursements will be subject to periodic review by the U. S. Department of Transportation and/or Texas Department of Transportation.
D. Reports . The Engineer shall promptly advise the City in writing of events that have a significant impact upon the progress of a work authorization, including: 1. problems, delays, adverse conditions that will materially affect the ability to meet the time schedules and goals, or preclude the attainment of project work units by established time periods; this disclosure will be accompanied by statement of the action taken or contemplated, and any City or federal assistance needed to resolve the situation; and 2. favorable developments or events which enable meeting the work schedule goals sooner than anticipated.
E. Corrective Action . Should the City determine that the progress of work does not satisfy the milestone schedule set forth in a work authorization, the City shall review the work schedule with the Engineer to determine the nature of corrective action needed.
Eng - IndefDelwWA.doc Page 2 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158
ARTICLE 3. SUSPENSION OF WORK AUTHORIZATION A. Notice . Should the City desire to suspend a work authorization but not terminate the contract, the City may verbally notify the Engineer followed by written confirmation, giving (30) thirty days notice. Both parties may waive the thirty-day notice in writing.
B. Reinstatement . A work authorization may be reinstated and resumed in full force and effect within sixty (60) business days of receipt of written notice from the City to resume the work. Both parties may waive the sixty-day notice in writing.
C. Contract Period Not Affected . If the City suspends a work authorization, the contract period as determined in Article 2 of the contract (Contract Period) is not affected and the contract and the work authorization will terminate on the date specified unless the contract or work authorization is amended to authorize additional time.
D. Limitation of Liability . The City shall have no liability for work performed or costs incurred prior to the date authorized by the City to begin work, during periods when work is suspended, or after the completion date of the contract or work authorization.
ARTICLE 4. ADDITIONAL WORK A. Notice . If the Engineer is of the opinion that any assigned work is beyond the scope of this contract and constitutes additional work, it shall promptly notify the City in writing, presenting the facts of the work authorization and showing how the work authorization constitutes additional work.
B. Supplemental Agreement . If the City finds that the work does constitute additional work, the City shall so advise the Engineer and a written supplemental agreement will be executed as provided in General Provisions, Article 6, Supplemental Agreements.
C. Limitation of Liability . The City shall not be responsible for actions by the Engineer or any costs incurred by the Engineer relating to additional work not directly associated with or prior to the execution of a supplemental agreement.
ARTICLE 5. CHANGES IN WORK A. Work Previously Submitted as Satisfactory. If the Engineer has submitted work in accordance with the terms of this contract but the City requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under the contract, the Engineer shall make such revisions as requested and as directed by the City. This will be considered as additional work and paid for as specified under Article 4, Additional Work.
B. Work Does Not Comply with Contract. If the Engineer submits work that does not comply with the terms of this contract, the City shall instruct the Engineer to make such revision as is necessary to bring the work into compliance with the contract. No additional compensation shall be paid for this work.
C. Errors/Omissions. The Engineer shall make revisions to the work authorized in this contract which are necessary to correct errors or omissions appearing therein, when required to do so by the City. No additional compensation shall be paid for this work.
ARTICLE 6. SUPPLEMENTAL AGREEMENTS A. Need. The terms of this contract may be modified if the City determines that there has been a significant increase or decrease in the duration, scope, cost, complexity or character of the services to be performed. A supplemental agreement will be executed to authorize such significant increases or decreases. Significant is defined to mean a cost increase of any amount and a cost decrease of twenty percent (20%) or more of the original estimated project cost.
B. Compensation. Additional compensation, if appropriate, shall be calculated as set forth in Article 3 of the contract (Compensation). Significant changes affecting the cost or maximum amount payable shall be defined to include but not be limited to new work not previously authorized or previously authorized services that will not be performed. The parties may reevaluate and renegotiate costs at this time.
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C. When to Execute. Both parties must execute a supplemental agreement within the contract period specified in Article 2 of the contract (Contract Period).
ARTICLE 7. OWNERSHIP OF DATA A. Work for Hire. All services provided under this contract are considered work for hire and as such all data, basic sketches, charts, calculations, plans, specifications, and other documents created or collected under the terms of this contract are the property of the City.
B. Disposition of Documents . All documents prepared by the Engineer and all documents furnished to the Engineer by the City shall be delivered to the City upon request by the City. The Engineer, at its own expense, may retain copies of such documents or any other data which it has furnished the City under this contract, but further use of the data is subject to permission by the City.
C. Release of Design Plan. The Engineer (1) will not release any roadway design plan created or collected under this contract except to its subproviders as necessary to complete the contract; (2) shall include a provision in all subcontracts which acknowledges the City’s ownership of the design plan and prohibits its use for any use other than the project identified in this contract; and (3) is responsible for any improper use of the design plan by its employees, officers, or subproviders, including costs, damages, or other liability resulting from improper use. Neither the Engineer nor any subprovider may charge a fee for the portion of the design plan created by the City.
ARTICLE 8. PUBLIC INFORMATION AND CONFIDENTIALITY A. Public Information. The City will comply with Government Code, Chapter 552, the Public Information Act, and 43 Texas Administrative Code §3.10 et seq. in the release of information produced under this contract.
B. Confidentiality. The Engineer shall not disclose information obtained from the City under this contract without the express written consent of the City.
C. Access to Information. The Engineer is required to make any information created or exchanged with the City pursuant to this 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 City.
ARTICLE 9. PERSONNEL, EQUIPMENT AND MATERIAL A. Engineer Resources. The Engineer shall furnish and maintain quarters for the performance of all services, in addition to providing adequate and sufficient personnel and equipment to perform the services required under the contract. The Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the services required under this contract, or it will be able to obtain such personnel from sources other than the City.
B. Removal of Contractor Employee. All employees of the Engineer assigned to this contract shall have such knowledge and experience as will enable them to perform the duties assigned to them. The City may instruct the Engineer to remove any employee from association with work authorized in this contract if, in the sole opinion of the City, the work of that employee does not comply with the terms of this contract or if the conduct of that employee becomes detrimental to the work.
C. Replacement of Key Personnel. The Engineer must notify the City in writing as soon as possible, but no later than three business days after a project manager or other key personnel is removed from association with this contract, giving the reason for removal.
D. City Approval of Replacement Personnel. The Engineer may not replace the project manager or key personnel without prior consent of the City. The City must be satisfied that the new project manager or other key personnel is qualified to provide the authorized services. If the City determines that the new project manager or key personnel is not acceptable, the Engineer may not use that person in that capacity and shall replace him or her with one satisfactory to the City within forty-five (45) days.
E. Ownership of Acquired Property. Except to the extent that a specific provision of this contract Citys to the contrary, the City shall own all intellectual property acquired or developed under this contract and all
Eng - IndefDelwWA.doc Page 4 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158 equipment purchased by the Engineer or its subcontractors under this contract. All intellectual property and equipment owned by the City shall be delivered to the City when the contract terminates, or when it is no longer needed for work performed under this contract, whichever occurs first.
ARTICLE 11. SUBCONTRACTING A. Prior Approval. The Engineer shall not assign, subcontract or transfer any portion of professional services related to the work under this contract without prior written approval from the City.
B. DBE/HUB Compliance. The Engineer’s subcontracting program shall comply with the requirements of Attachment H of the contract (DBE/HUB Requirements).
C. Required Provisions. All subcontracts for professional services shall include the provisions included in Attachment A, General Provisions, and any provisions required by law. The Engineer is authorized to pay subproviders in accordance with the terms of the subcontract, and the basis of payment may differ from the basis of payment by the City to the Engineer.
D. Prior Review. Subcontracts for professional services in excess of $25,000 may be reviewed by the City prior to performance of work thereunder.
E. Engineer Responsibilities. No subcontract relieves the Engineer of any responsibilities under this contract.
ARTICLE 12. INSPECTION OF WORK A. Review Rights. The City and the U.S. Department of Transportation, when federal funds are involved, and any of their authorized representatives shall have the right at all reasonable times to review or otherwise evaluate the work performed hereunder and the premises in which it is being performed.
B. Reasonable Access. If any review or evaluation is made on the premises of the Engineer or a subprovider, the Engineer shall provide and require its subproviders to provide all reasonable facilities and assistance for the safety and convenience of the City or federal representatives in the performance of their duties.
ARTICLE 13. SUBMISSION OF REPORTS All applicable study reports shall be submitted in preliminary form for approval by the City before a final report is issued. The City's comments on the Engineer's preliminary report must be addressed in the final report.
ARTICLE 14. VIOLATION OF CONTRACT TERMS A. Increased Costs. Violation of contract terms, breach of contract, or default by the Engineer shall be grounds for termination of the contract, and any increased or additional cost incurred by the City arising from the Engineer's default, breach of contract or violation of contract terms shall be paid by the Engineer.
B. Remedies. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative.
ARTICLE 15. TERMINATION A. Causes. The contract may be terminated before the stated completion date by any of the following conditions. 1. By mutual agreement and consent, in writing from both parties. 2. By the City by notice in writing to the Engineer as a consequence of failure by the Engineer to perform the services set forth herein in a satisfactory manner. 3. By either party, upon the failure of the other party to fulfill its obligations as set forth herein. 4. By the City for reasons of its own, not subject to the mutual consent of the Engineer, by giving thirty business days notice of termination in writing to the Engineer. 5. By the City, if the Engineer violates the provisions of Attachment A, General Provisions Article 21, Gratuities, or Attachment H, Disadvantaged Business Enterprise/Historically Underutilized Business Requirements. 6. By satisfactory completion of all services and obligations described herein.
B. Measurement. Should the City terminate this contract as herein provided, no fees other than fees due and Eng - IndefDelwWA.doc Page 5 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158 payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the City shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the City terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.
C. Value of Completed Work. If the Engineer defaults in the performance of this contract or if the City terminates this contract for fault on the part of the Engineer, the City will give consideration to the following when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer in performing the work to the date of default; (2) the amount of work required which was satisfactorily completed to date of default; (3) the value of the work which is usable to the City; (4) the cost to the City of employing another firm to complete the required work; (5) the time required to employ another firm to complete the work; and (6) other factors which affect the value to the City of the work performed.
D. Calculation of Payments. The City shall use the fee schedule set forth in Attachment E to the contract (Fee Schedule) in determining the value of the work performed up to the time of termination. In the case of partially completed engineering services, eligible costs will be calculated as set forth in Attachment E, Fee Schedule. The sum of the provisional overhead percentage rate for payroll additives and for general and administrative overhead costs during the years in which work was performed shall be used to calculate partial payments. Any portion of the fixed fee not previously paid in the partial payments shall not be included in the final payment.
E. Excusable Delays. Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.
F. Surviving Requirements. The termination of this contract and payment of an amount in settlement as prescribed above shall extinguish the rights, duties, and obligations of the City and the Engineer under this contract, except for those provisions that establish responsibilities that extend beyond the contract period.
G. Payment of Additional Costs. If termination of this contract is due to the failure of the Engineer to fulfill its contract obligations, the City may take over the project and prosecute the work to completion, and the Engineer shall be liable to the City for any additional cost to the City.
ARTICLE 16. COMPLIANCE WITH LAWS The Engineer shall comply with all applicable federal, City and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court, or administrative bodies or tribunals in any manner affecting the performance of this contract, including, without limitation, worker's compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination, and licensing laws and regulations. When required, the Engineer shall furnish the City with satisfactory proof of its compliance therewith.
ARTICLE 17. INDEMNIFICATION A. Indemnification. The Engineer shall indemnify the City and the City’s officers and employees against liability for damage to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Engineer, the Engineer’s agent, or another entity over which the Engineer exercises control.
B. Attorney Fees. The Engineer shall reimburse, in proportion to Engineer’s liability, City’s reasonable attorney's fees incurred defending TxDOT against a claim based wholly or partly on the negligence of, fault of, or breach of contract by Engineer, Engineer’s agent, or another entity over which Engineer exercises control.
ARTICLE 18. ENGINEER'S RESPONSIBILITY A. Accuracy. The Engineer shall be responsible for the accuracy of work and shall promptly make necessary
Eng - IndefDelwWA.doc Page 6 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158 revisions or corrections resulting from its errors, omissions, or negligent acts without compensation.
B. Errors and Omissions. The Engineer’s Responsibility for all questions arising from design errors or omissions will be determined by the City. All decisions shall be in accordance with the City’s “Consultant Errors & Omissions Correction and Collection Procedures” and Texas Government Code §2252.905. The Engineer will not be relieved of the responsibility for subsequent correction of any such errors or omissions or for clarification of any ambiguities until after the construction phase of the project has been completed.
C. Professionalism. The Engineer shall perform the services it provides under the contract: (1) with the professional skill and care ordinarily provided by competent engineers 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.
D. Seal. The responsible Engineer shall sign, seal and date all appropriate engineering submissions to the City in accordance with the Texas Engineering Practice Act and the rules of the Texas Board of Professional Engineers.
E. Resealing of Documents. Once the work has been sealed and accepted by the City, the City, as the owner, will notify the party to this contract, in writing, of the possibility that a City engineer, as a second engineer, may find it necessary to alter, complete, correct, revise or add to the work. If necessary, the second engineer will affix his seal to any work altered, completed, corrected, revised or added. The second engineer will then become responsible for any alterations, additions or deletions to the original design including any effect or impacts of those changes on the original engineer’s design.
ARTICLE 19. NONCOLLUSION A. Warranty. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract.
B. Liability. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or compensation, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
ARTICLE 20. INSURANCE The Engineer certifies that it has insurance on file with Contract Services of the Texas Department of Transportation in the amount specified on Texas Department of Transportation Form 1560-CS Certificate of Insurance. The Engineer certifies that it will keep current insurance on file with that office and with the City of Laredo for the duration of the contract period. If insurance lapses during the contract period, the Engineer must stop work until a new certificate of insurance is provided.
ARTICLE 21. GRATUITIES A. Employees Not to Benefit. City of Laredo policy mandates that employees of the City of Laredo, Texas shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the City under this contract.
B. Liability. Any person doing business with or who reasonably speaking may do business with the City under this contract may not make any offer of benefits, gifts or favors to department employees. Failure on the part of the Engineer to adhere to this policy may result in the termination of this contract.
ARTICLE 22. DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the City.
ARTICLE 23. MAINTENANCE, RETENTION AND AUDIT OF RECORDS A. Retention Period. The Engineer shall maintain all books, documents, papers, accounting records and Eng - IndefDelwWA.doc Page 7 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158 other evidence pertaining to costs incurred and services provided (hereinafter called the Records). The Engineer shall make the records available at its office during the contract period and for seven (7) years from the date of final payment under this contract, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last.
B. Availability. The City or any of its duly authorized representatives, the Federal Highway Administration, the United States Department of Transportation, Office of Inspector General, the Texas Department of Transportation, and the Comptroller General shall have access to the Engineer’s Records which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts and transcriptions.
ARTICLE 24. NEPOTISM DISCLOSURE A. In this section the term “relative” means: (1) a person's great grandparent, grandparent, parent, aunt or uncle, sibling, niece or nephew, spouse, child, grandchild, or great grandchild, or (2) the grandparent, parent, sibling, child, or grandchild of the person’s spouse.
B. A notification required by this section shall be submitted in writing to the person designated to receive official notices under this contract and by first-class mail addressed to the City Manager’s Office at the City of Laredo, 1110 Houston Street, Laredo, Texas 78042. The notice shall specify the Engineer's firm name, the name of the person who submitted the notification, the contract number, the office of the City of Laredo that is principally responsible for the contract, the name of the relevant Engineer employee, the expected role of the Engineer employee on the project, the name of the City of Laredo employee who is a relative of the Engineer employee, the title of the City of Laredo employee, the work location of the City of Laredo employee, and the nature of the relationship.
C. By executing this contract, the Engineer is certifying that the Engineer does not have any knowledge that any of its employees or of any employees of a subcontractor who are expected to work under this contract have a relative that is employed by the City of Laredo unless the Engineer has notified the City of Laredo of each instance as required by subsection (b).
D. If the Engineer learns at any time that any of its employees or that any of the employees of a subcontractor who are performing work under this contract have a relative who is employed by the City of Laredo, the Engineer shall notify the City of Laredo under subsection (b) of each instance within thirty days of obtaining that knowledge.
E. If the Engineer violates this section, the City of Laredo may terminate the contract immediately for cause, may impose any sanction permitted by law, and may pursue any other remedy permitted by law.
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ARTICLE 25. CIVIL RIGHTS COMPLIANCE A. Compliance with Regulations : The Engineer will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this agreement.
B. Nondiscrimination : The Engineer, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Engineer will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Engineer of the Engineer’s obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.
D. Information and Reports : The Engineer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer will so certify to the City or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance : In the event of the Engineer's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
(1) withholding of payments to the Engineer under the contract until the Engineer complies and/or (2) cancelling, terminating, or suspending of the contract, in whole or in part.
F. Incorporation of Provisions : The Engineer will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Engineer will take such action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Engineer may request the City to enter into such litigation to protect the interests of the City. In addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States.
ARTICLE 26. PATENT RIGHTS The State, the City of Laredo, and the U. S. Department of Transportation shall have the royalty free, nonexclusive and irrevocable right to use and to authorize others to use any patents developed by the Engineer under this contract.
ARTICLE 27. COMPUTER GRAPHICS FILES The Engineer agrees to comply with Attachment G, Computer Graphics Files for Document and Information Exchange, if determined by the City to be applicable to this contract.
ARTICLE 28. CHILD SUPPORT CERTIFICATION Under Section 231.006, Texas Family Code, the Engineer 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. If the above certification is shown to be false, the Engineer is liable to the City for attorney’s fees, the cost necessary to complete the contract, including the cost of advertising and awarding a second contract, Eng - IndefDelwWA.doc Page 9 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158 and any other damages provided by law or the contract. A child support obligor or business entity ineligible to receive payments because of a payment delinquency of more than thirty (30) days remains ineligible until: all arrearages have been paid; the obligor is in compliance with a written repayment agreement or court order as to any existing delinquency; or the court of continuing jurisdiction over the child support order has granted the obligor an exemption from Subsection (a) of Section 231.006, Texas Family Code, as part of a court- supervised effort to improve earnings and child support payments.
ARTICLE 29. DISPUTES A. Disputes Not Related to Contract Services. The Engineer shall be responsible for the settlement of all contractual and administrative issues arising out of any procurement made by the Engineer in support of the services authorized herein.
B. Disputes Concerning Work or Cost. Any dispute concerning the work hereunder or additional costs, or any non-procurement issues shall be settled in accordance with 43 Texas Administrative Code §9.2.
ARTICLE 30. SUCCESSORS AND ASSIGNS The Engineer and the City do each hereby bind themselves, their successors, executors, administrators and assigns to each other party of this agreement and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this contract. The Engineer shall not assign, subcontract or transfer its interest in this contract without the prior written consent of the City.
ARTICLE 31. SEVERABILITY In the event any one or more of the provisions contained in this contract shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
ARTICLE 32. PRIOR CONTRACTS SUPERSEDED This contract constitutes the sole agreement of the parties hereto for the services authorized herein and supersedes any prior understandings or written or oral contracts between the parties respecting the subject matter defined herein.
ARTICLE 33. CONFLICT OF INTEREST A. Representation by Engineer. The Engineer represents that its firm has no conflict of interest that would in any way interfere with its or its employees’ performance of services for the department or which in any way conflicts with the interests of the department. The Engineer further certifies that this agreement is not barred because of a conflict of interest pursuant to Texas Government Code, Section 2261.252, between it and the City. Specifically, the Engineer certifies that none of the following individuals, nor any or their family members within the second degree of affinity or consanguinity, owns 1% or more interest, or has a financial interest as defined under Texas Government Code, Section 2261.252(b), in the Engineer: any member of the Texas Transportation Commission, TxDOT’s Executive Director, General Counsel, Chief of Procurement and Field Support Operations, Director of Procurement, or Director of Contract Services. The firm shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the department's interests.
B. Certification Status. The Engineer certifies that it is not: 1. a person required to register as a lobbyist under Chapter 305, Government Code; 2. a public relations firm; or 3. a government consultant.
C. Environmental Disclosure. If the Engineer will prepare an environmental impact statement or an environmental assessment under this contract, the Engineer certifies by executing this contract that it has no financial or other interest in the outcome of the project on which the environmental impact statement or environmental assessment is prepared.
D. Commencement of Final Design. This contract does not obligate the City to proceed with final design for any alternative. On completion of environmental documentation, the City will consider all reasonable
Eng - IndefDelwWA.doc Page 10 of 12 Attachment A WAs Used Contract No. CSJ# 0922-33-158 alternatives in a fair and objective manner. Notwithstanding anything contained elsewhere in the contract or in any work authorization, the Engineer may not proceed with final design until after all relevant environmental decision documents have been issued.
E. Restrictions on Testing. If the Engineer will perform commercial laboratory testing under this contract, on any project the Engineer may not perform more than one of the following types of testing: 1. verification testing; 2. quality control testing; or 3. independent assurance testing
ARTICLE 34. OFFICE OF MANAGEMENT AND BUDGET (OMB) AUDIT REQUIREMENTS The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200.
ARTICLE 35. DEBARMENT CERTIFICATIONS The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, “Debarment and Suspension.” By executing this agreement, the Engineer certifies that it is not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the City, to furnish a copy of the certification.
ARTICLE 36. E-VERIFY CERTIFICATION Pursuant to Executive Order RP-80, Engineer certifies and ensures that for all contracts for services, Engineer shall, to the extent permitted by law, utilize the United States Department of Homeland Security’s E-Verify system during the term of this agreement to determine the eligibility of: 1. All persons employed by Engineer during the term of this agreement to perform duties within the State of Texas; and 2. All persons, including subcontractors, assigned by Engineer to perform work pursuant to this agreement. Violation of this provision constitutes a material breach of this agreement.
ARTICLE 37. RESTRICTIONS ON EMPLOYMENT OF FORMER CITY OFFICER OR EMPLOYEE The Engineer shall not hire a former City officer or employee of a City agency who, during the period of City service or employment, participated on behalf of the City agency in this agreement’s procurement or its negotiation until after the second anniversary of the date of the officer’s or employee’s service or employment with the City agency ceased.
ARTICLE 38. PERTINENT NON-DISCRIMINATION AUTHORITIES During the performance of this contract, the Engineer, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects).
C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex).
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27.
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E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age).
F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex).
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not).
H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38.
I. The Federal Aviation Administration’s Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex).
J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations.
K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100).
L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.).
ARTICLE 39. BOYCOTT ISRAEL A. Meaning : “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.
B. Certification and Prohibition : The Engineer hereby certifies it does not boycott Israel and shall not boycott Israel during the term of the contract.
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ATTACHMENT B
SERVICES TO BE PROVIDED BY THE CITY
(Specific negotiated scopes will be included with each work authorization.)
Eng - IndefDelwWA.doc Page 1 of 1 Attachment B WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT C
SERVICES TO BE PROVIDED BY THE ENGINEER
(Specific negotiated scopes will be included with each work authorization.)
Engineering–Engineering_IndefDelwWA.doc Page 1 of 1 Attachment C WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT D D-1 WORK AUTHORIZATION NO. __1__ CONTRACT FOR ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of Engineering Contract No. ______(the Contract) entered into by and between the City of Laredo, Texas, (the City), and Lockwood, Andrews & Newnam, Inc. (the Engineer).
PART I . The Engineer will perform engineering services generally described as Traffic Signal Synchronization_ in accordance with the project description attached hereto and made a part of this Work Authorization. The responsibilities of the City and the Engineer as well as the work schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work Authorization.
PART II . The maximum amount payable under this Work Authorization is $599,999.30 and the method of payment is Lump Sum as set forth in Attachment E of the Contract. This amount is based upon fees set forth in Attachment E, Fee Schedule, of the Contract and the Engineer’s estimated Work Authorization costs included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization.
PART III. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with Articles 3 thru 5 of the contract, and Attachment A, Article 1.
PART IV . This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on April 1, 2019, unless extended by a supplemental Work Authorization as provided in Attachment A, Article 1.
PART V . This Work Authorization does not waive the parties' responsibilities and obligations provided under the Contract.
IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below.
THE ENGINEER THE CITY OF LAREDO, TX
______(Signature) (Signature) _Robert D. Austin______(Printed Name) (Printed Name) _Sr. Associate, Team Leader______(Title) (Title) ______(Date) (Date)
LIST OF EXHIBITS Exhibit A Services to be provided by the City Exhibit B Services to be provided by the Engineer Exhibit C Work Schedule Exhibit D Fee Schedule/Budget
Engineering–Engineering_IndefDelwWA.doc Page 1 of 2 Attachment D-2 WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT D D-2 SUPPLEMENTAL WORK AUTHORIZATION NO. ____ WORK AUTHORIZATION NO. ____ CONTRACT FOR ENGINEERING SERVICES
THIS SUPPLEMENTAL WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 Contract No. ______hereinafter identified as the “Contract,” entered into by and between the City of Laredo, Texas, (the City), and Lockwood, Andrews & Newnam, Inc. (the Engineer).
The following terms and conditions of Work Authorization No. ____ are hereby amended as follows:
This Supplemental Work Authorization shall become effective on the date of final execution of the parties hereto. All other terms and conditions of Work Authorization No. ____ not hereby amended are to remain in full force and effect.
IN WITNESS WHEREOF, this Supplemental Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below.
THE ENGINEER THE CITY OF LAREDO, TEXAS
______(Signature) (Signature) ______(Printed Name) (Printed Name) ______(Title) (Title) ______(Date) (Date)
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ATTACHMENT E
FEE SCHEDULE (Final Cost Proposal)
This attachment provides the basis of payment and fee schedule . The basis of payment for this contract is indicated by an “X” in the applicable box. The basis shall be supported by the Final Cost Proposal (FCP) shown below. If more than one basis of payment is used, each one must be supported by a separate FCP.
“X” Basis The lump sum shall be equal to the maximum amount payable. The lump sum __X_ Lump Sum includes all direct and indirect costs and profit. The Engineer shall be paid pro rata based on the percentage of work completed. For payment the Engineer is not required to provide evidence of actual hours worked, travel, overhead rates or other evidence of cost, but must submit billing information in a form acceptable to the City as required by Article 4 A & B including classifying work, partial or completed, according to the Table of Deliverables. The unit cost(s) for each type of unit and number of units are shown in the FCP. ____ Unit Cost The unit cost includes all direct and indirect costs and profit. The Engineer shall be paid based on the type and number of units fully completed and the respective unit cost. For payment, the Engineer is not required to provide evidence of actual hours worked, travel, overhead rates or any other cost data. The FCP may include special items, such as equipment which are not included in the unit costs. Documentation of these special costs may be required. The maximum amount payable equals the total of all units times their respective unit cost plus any special direct items shown. The specified rates for each type of labor are shown in the FCP below. The FCP Specified may include special items, such as equipment which are not included in the ____ Rate specified rates. Payment shall be based on the actual hours worked multiplied Basis by the specified rate for each type of labor plus other agreed to special direct cost items. The specified rate includes direct labor and indirect cost and profit. The City may request documentation of reimbursable direct costs including hours worked. Documentation of special item costs may be required. The specified rate is not subject to audit. Payment shall be based on direct and indirect costs incurred plus a pro rata Cost Plus share of the fixed fee based on the ratio of labor and overhead cost incurred to ____ Fixed Fee total estimated labor and overhead cost in the FCP or the percentage of work completed. The invoice must itemize labor rates, hours worked, other direct costs and indirect costs. The Engineer may be required to provide documentation of hours worked and any eligible direct costs claimed. The provisional overhead rate charged is subject to audit and adjustment to actual rates incurred. The FCP below shows the hourly rates for labor, other direct expenses including but not limited to travel and allowable materials, provisional overhead rate and the fixed fee. __A. Actual Cost Plus Fixed Fee - Actual wages are paid (no minimum, no maximum. This option does not apply to Indefinite Deliverable Contracts.) __B. Range of Cost Plus Fixed Fee – Actual wages must be within the allowable range shown on the Final Cost Proposal.
Engineering–Engineering_IndefDelwWA.doc Page 1 of 6 Attachment E
WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT E – FEE SCHEDULE
Final Cost Proposal (FCP) Supporting Basis of Payment
* The MAXIMUM AMOUNT PAYABLE is $599,999.30.
The maximum amount payable is based on the following data and calculations:
* Maximum amount payable must be negotiated for each work authorization.
Engineering–Engineering_IndefDelwWA.doc Page 2 of 6 Attachment E
WAs Used Contract No. CSJ# 0922-33-158
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WAs Used Contract No. CSJ# 0922-33-158
Engineering–Engineering_IndefDelwWA.doc Page 4 of 6 Attachment E
WAs Used Contract No. CSJ# 0922-33-158
Engineering–Engineering_IndefDelwWA.doc Page 5 of 6 Attachment E
WAs Used Contract No. CSJ# 0922-33-158
Engineering–Engineering_IndefDelwWA.doc Page 6 of 6 Attachment E
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ATTACHMENT F
Not Applicable
Engineering–Engineering_IndefDelwWA.doc Page 1 of 1 Attachment F WAs Used Contract No. CSJ# 0922-33-158
ATTACHMENT G
Computer Graphics Files for Document and Information Exchange The Engineer agrees to provide the City with all applicable computer graphics files developed within the course of this contract. This will include as a minimum:
1. Final Traffic Report
2. A copy of the Synchro .SYN files (one each for every timing plan)
3. The PowerPoint Presentation to MPO and City Council
Page 0 of 1 Exhibit H-6 EXHIBIT A
SERVICES TO BE PROVIDED BY THE CITY OF LAREDO
The City of Laredo will provide the following:
• Provide name, address and phone number of the City’s project manager. • Review of recommendations offered by the Engineer and approve or reject any or all work performed under this contract. • Review of progress of work and final acceptance of all documents. • Process all periodic payment requests submitted by the Engineer. • Provide available project information for creating base Synchro models. • Provide available existing signal timing plan, and controller/detector input documentation. • Provide As-built plans of the existing project facilities, if available. • Provide Crash Information available. • Provide available traffic data from TPP (including saturation counts) and from adjacent studies, if applicable. • Provide available information/notification of any proposed development that would generate traffic. • Provide any available schematics that exist for the project intersections. • Review, approve and update draft submittals such as time-space diagrams, draft controller timings, etc. • Provide to the Engineer the preferred correction method for offset adjustment by time of day (hold, shortest path 4 -cycles, etc.) • Install initial timing plans in the traffic signal controllers via ATMS or in the field • Make new timing plans operational and notify Engineer • Set traffic signal phases to maximum recall as requested by the Engineer to confirm off-sets • Make changes to timing plans in the traffic signal controllers as requested by the Engineer • Prompt Review of Deliverables.
Additional Responsibilities
• Interface with local, regional, State and Federal agencies or other entities on behalf of Engineer, unless stated otherwise for specific tasks in Exhibit B. • Provide the Engineer with timely reviews in accordance with Exhibit C, "Work Schedule" of the Work Authorization and timely decisions to enable the Engineer to maintain the project schedule as approved by the City. • Secure all required permits and agreements as needed. • Download timing plans into the intersection controllers. • Assist with time-of-day traffic signal timing plan implementation. • Assist with field adjustments to traffic signal controller programing so the Engineer can finalize timing plans and conduct after study travel runs.
Page 1 of 1 Exhibit A EXHIBIT B
SERVICES TO BE PROVIDED BY THE ENGINEER
This project will provide optimized traffic signal timings for the following roadways listed below:
1. FM 1472 (Mines Road) Number of Traffic Signals: 13 2. US Highway 83 (Zapata Hwy) Number of Traffic Signals: 19 3. Bob Bullock Loop (Loop 20) Number of Traffic Signals: 6 4. McPherson Road Number of Traffic Signals: 17 5. State Highway 359 Number of Traffic Signals: 6 6. Business Interstate Highway 35 Number of Traffic Signals: 7 7. Interstate Highway 35 Frontage Roads Number of Traffic Signals: 12 Total Traffic Signals in Project: 80
Each intersection is listed in Attachment 1 below.
TASK 1 – DATA COLLECTION:
The Engineer shall provide 7-day 24-hour Automatic Traffic Recorder (ATR) traffic counts at critical location(s) along each roadway identified above. These counts will then be used to determine when weekday and weekend timing plan changes are necessary for AM, Noon, PM and Off-peak timing plans (4 plans total per corridor) for roadways 1 through 7 listed above; and for an additional Monday and Friday timing plan (2 total additional plans) for roadway 1 listed above.
Once critical traffic periods are determined, the Engineer shall collect turning movement counts (TMC) for each timing plan period and prepare an Intersection Inventory Log (Sketches & Photos) for each intersection identified in Attachment 1. Traffic Counts identifying percentage of heavy vehicles and data from the Intersection Inventory Logs will be inputted into the Synchro traffic signal model for optimization.
The Engineer shall conduct travel time runs of each roadway in both directions of travel to develop a base existing condition of time to travel each roadway noting overall travel time and back of queue.
TASK 2 – TRAFFIC SIGNAL TIMING PLAN DEVELOPMENT AND SYNCHRONIZATION
A. The Engineer shall develop an initial base Synchro traffic signal model for each intersection listed in Attachment 1 for each time of day (TOD) plan identified above. The model intersection spacing may be developed using Google aerial imaginary with a diagrammatic overlay of the intersection phasing. The TOD models will use the highest volume hour counted for each plan period.
Page 1 of 6 Exhibit B
The base TOD Synchro models will be calibrated against the travel runs collected in Task 1 to closely mimic the existing conditions using City provided local timing parameters including:
a. Min Initials; b. Min Splits; c. Pedestrian Intervals; d. Yellow Time; e. All Red Time; f. Applicable Detector settings, such as Vehicle Extension/Min Gaps.
B. Each plan shall be created that favors a progression for both directions of travel for each roadway for each TOD plan. Each plan shall use the same cycle lengths and shall not violate the minimum phase splits and / or pedestrian timings for each intersection. Each plan will be optimized by varying the offsets to provide progression based on the TOD vehicle demand. Offsets will be set to the point in the timing cycle required by the traffic signal firmware.
TASK 3 – SIGNAL TIMING PLAN IMPLEMENTATION
The Engineer shall develop traffic signal timing plans for the City The timing plans will include the cycle lengths, splits, offsets, local timing parameters (min, max, recalls, yellow, all red, ped timing, memory settings, etc.). Also included shall be plan transition times (time when a plan is scheduled to begin).
Note - Successful signal implementation is predicated on all signals and site conditions to be in full operation during typical conditions, such as no equipment failures (broken detectors, flashing operation), construction activity, accidents, emergency, and any unplanned special events.
Once the new traffic signal timing plans have been installed in each controller, the Engineer will drive the corridor several times, comparing travel times, looking for cycle failures, discontinuities in the traffic flow, or congestion where none was expected for each TOD plan and make offset and split corrections as needed. Final travel time runs will document the new traffic signal timing plan measures of effectiveness in the after conditions (average travel time, average delay and average speed
TASK 4 – FINAL TRAFFIC REPORT
The Engineer shall prepare a brief technical traffic report documenting the implemented timing plans, easy to read tables or exhibits that will show the before and after travel time runs, and provide time space diagrams showing the before progression and the improved after progression for each roadway by direction of travel. The report will also document observations made on FM 1472 regarding near term improvement recommendations (based on Synchro timing plan design observations, in field observations made after re-timings, and traffic engineering experience) that can be made to improve operations beyond signal synchronization.
Exhibit A – Project Scope Page 2
The traffic report will include the following: a. Executive Summary b. Estimated Signal Retiming Benefits showing before/after travel time runs for each roadway c. FM 1472 – Near term Improvement Recommendations d. Appendix with Existing Intersection Inventory Sketches & Photo Log e. Appendix with Summarized Volume spreadsheets and charts (original and PDF) f. Appendix with Time-space Diagram of each roadway by direction g. Appendix with Synchro Timing Plans
TASK 5 – MEETINGS
The Engineer shall attend a project kick-off meeting with the City (and TxDOT) and a post implementation MPO meeting and a City Council meeting in Laredo. After the FM 1472 Timing Plans are reviewed & updated, but prior to implementation, the Engineer shall attend an implementation meeting with the City (and TxDOT).
DELIVERABLES
1. Final Traffic Report 2. A copy of the Synchro .SYN files (one each for every timing plan) 3. Presentation to MPO and City Council
Attachment 1 – Roadway Intersections included in Project: Roadway Intersections 1 FM 1472 (Mines Rd) 13 2 US Highway 83 (Zapata Hwy) 19 3 Bob Bullock Loop (Loop 20) 6 4 McPherson Road 17 5 State Highway 359 6 6 Business Interstate Highway 35 7 7 Interstate Highway 35 Frontage Roads 12 80
1. FM 1472 (Mines Road) ID MAJOR STREET MINOR STREET
1 FM 1472 (Mines Rd) Pan American Blvd
2 FM 1472 (Mines Rd) Trade Center Blvd
3 FM 1472 (Mines Rd) AF Muller Blvd
Exhibit A – Project Scope Page 3
ID MAJOR STREET MINOR STREET
4 FM 1472 (Mines Rd) Interamerica Blvd
5 FM 1472 (Mines Rd) River Bank Dr
6 FM 1472 (Mines Rd) Milo Rd
7 FM 1472 (Mines Rd) Loop 20 WB
8 FM 1472 (Mines Rd) Loop 20 EB
9 FM 1472 (Mines Rd) Fasken Blvd
10 FM 1472 (Mines Rd) Rancho Viejo Dr
11 FM 1472 (Mines Rd) Lowry Rd
12 FM 1472 (Mines Rd) San Lorenzo Dr / Bristol Rd
13 FM 1472 (Mines Rd) Flecha Ln
2. US Highway 83 (Zapata Highway) ID MAJOR STREET MINOR STREET
1 US Highway 83 (Guadalupe Ave) Seymour Ave
2 US Highway 83 (Chihuahua Ave) Seymour Ave
3 US Highway 83 (Guadalupe Ave) Meadow Ave
4 US Highway 83 (Chihuahua Ave) Meadow Ave
5 US Highway 83 (Guadalupe Ave) Malinche Ave
6 US Highway 83 (Chihuahua Ave) Malinche Ave
7 US Highway 83 (Guadalupe Ave) Bartlett Ave
8 US Highway 83 (Chihuahua Ave) Bartlett Ave
9 US Highway 83 Mercer St
10 US Highway 83 Wooster St
11 US Highway 83 Spur 260
Exhibit A – Project Scope Page 4
ID MAJOR STREET MINOR STREET
12 US Highway 83 Napoleoan St
13 US Highway 83 Sta. Barbara
14 US Highway 83 Pine St
15 US Highway 83 San Luis St
16 US Highway 83 Zacatecas St
17 US Highway 83 Palo Blanco St
18 US Highway 83 Lomas Del Sur Blvd
19 US Highway 83 Riverhill Dr
3. Bob Bullock Loop (Loop 20) ID MAJOR STREET MINOR STREET
1 Loop 20 Shiloh Dr
2 Loop 20 Del Mar Blvd
3 Loop 20 University Blvd
4 Loop 20 Lakeview Blvd
5 Loop 20 Jacaman Rd
6 Loop 20 Sinatra Pkwy
4. McPherson Road ID MAJOR STREET MINOR STREET
1 Loop 20 (EB Frontage) McPherson Rd
2 Loop 20 (WB Frontage) McPherson Rd
3 McPherson Rd San Isidro Pkwy
4 McPherson Rd Tiara Trail
Exhibit A – Project Scope Page 5
ID MAJOR STREET MINOR STREET
5 McPherson Rd Shiloh Dr
6 McPherson Rd United HS
7 McPherson Rd International Blvd
8 McPherson Rd Country Club Dr
9 McPherson Rd Del Mar Blvd
10 McPherson Rd Fenwick Dr / University Blvd
11 McPherson Rd Jacaman Rd
12 McPherson Rd Calle Del Norte Dr
13 McPherson Rd Gale St
14 McPherson Rd Hillside Rd
15 McPherson Rd Calton Rd
16 McPherson Rd Taylor St
17 McPherson Rd Bustamante St
5. State Highway 359 ID MAJOR STREET MINOR STREET
1 State Highway 359 Boomtown St
2 Loop 20 State Highway 359
3 State Highway 359 Cuatro Vientos Rd
4 State Highway 359 Concord Hills Blvd
5 State Highway 359 Las Misiones Blvd
6 State Highway 359 G Ranch Rd
Exhibit A – Project Scope Page 6
6. Business IH 35 (San Bernardo Ave) ID MAJOR STREET MINOR STREET
1 Business IH 35 Gateway Center Driveway
2 Business IH 35 Chicago St
3 Business IH 35 Lafayette St
4 Business IH 35 Jefferson St
5 Business IH 35 Park St
6 Business IH 35 Sanchez St
7 Business IH 35 Scott
7. Interstate Highway 35 Frontage Roads ID MAJOR STREET MINOR STREET
1 IH 35 (NB Frontage Road) Chicago St
2 IH 35 (SB Frontage Road) Chicago St
3 IH 35 (NB Frontage Road) US Hwy 59 (Saunders St)
4 IH 35 (SB Frontage Road) US Hwy 59 (Saunders St)
5 IH 35 (NB Frontage Road) Jefferson St
6 IH 35 (SB Frontage Road) Jefferson St
7 IH 35 (NB Frontage Road) Park St
8 IH 35 (SB Frontage Road) Park St
9 IH 35 (NB Frontage Road) Sanchez St
10 IH 35 (SB Frontage Road) Sanchez St
11 IH 35 (NB Frontage Road) Scott St
12 IH 35 (SB Frontage Road) Scott St
Exhibit A – Project Scope Page 7
Laredo Traffic Signal Synchronization Schedule March 28, 2018 Prime Provider: Lockwood, Andrews Newnam, Inc.
Laredo Traffic Signal Synchronization Schedule Months in 2018 2019 TASK/EVENT Mar Apr May Jun Jul Aug SepOct Nov Dec Jan 5 12 19 26 2 9 16 30 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 Kick-off Meeting FM 1472 (Mines Road) Data Collection: 7-day Count, ADT/Classification Counts, 7 TMCs, Before Travel times & Intersection Photographs Set-up Synchro Model Develop/Submit Time-Space Diagrams & Timing Plans Hold FM 1472 Signal Timing WebEx Meeting City & TxDOT Review / Update Hold FM 1472 Implementation Workshop Implementation (Download & fine-tune) Data Collection: New Travel times Develop Traffic Counts, Timing Plans, Corridor Report US 83 Data Collection: 7-day Count, ADT/Classification Counts, 7 TMCs, Before Travel times & Intersection Photographs Set-up Synchro Model Develop/Submit Time-Space Diagrams & Timing Plans City & TxDOT Review Hold Implementation Meeting (if needed) Implementation Data Collection: New Travel times Develop Traffic Counts, Timing Plans, Corridor Report Loop 20 & SH 359 Data Collection: 7-day Count, ADT/Classification Counts, 7 TMCs, Before Travel times & Intersection Photographs Set-up Synchro Model Develop/Submit Time-Space Diagrams & Timing Plans City & TxDOT Review Implementation (Download & fine-tune) Data Collection: New Travel times Develop/Print Traffic Counts, Timing Plans, Corridor Report McPherson Road Data Collection: 7-day Count, ADT/Classification Counts, 7 TMCs, Before Travel times & Intersection Photographs Set-up Synchro Model Develop/Submit Time-Space Diagrams & Timing Plans City & TxDOT Review Implementation Data Collection: New Travel times Develop/Print Traffic Counts, Timing Plans, Corridor Report Business 35 & IH 35 Data Collection: 7-day Count, ADT/Classification Counts, 7 TMCs, Before Travel times & Intersection Photographs Set-up Synchro Model Develop/Submit Time-Space Diagrams & Timing Plans City & TxDOT Review Hold Implementation Meeting (if needed) Implementation (Download & fine-tune) Data Collection: New Travel times Develop/Print Traffic Counts, Timing Plans, Corridor Report Develop & Submit Draft Report & City Council Presentation City & TxDOT Review Present Project Results to City Council
Project Work On-going UISD & LISD Schools are out + thru Labor Day, Thanksgiving, Christmas Review by City of Laredo and TxDOT Web-Ex Meeting Project Meeting in Laredo
Page 1 of 1 Contract No.: CSJ# 0922-33-158 Exhibit D Work Authorization No. 1 Fee Schedule Laredo Traffic Signal Synchronization Method of Payment: Lump Sum
PRIME PROVIDER: Lockwood, Andrews & Newnam, Inc.
Cumulative Number Signal Timing Data Collection & Data Signal Timing Data Collection & CORRIDOR of Plans & Signalization Collection Implementation Signalization Signals Synchronization Fee Fee 1. FM 1472 (Mines Road) 13 $38,065.69 $51,520.00 $47,140.00 $136,725.69 $136,725.69 2. US 83 19 $31,728.31 $29,365.00 $17,500.00 $78,593.31 $215,319.00 3. LOOP 20 6 $15,062.63 $15,475.00 $13,080.00 $43,617.63 $258,936.63 4. McPherson Road 17 $27,607.44 $30,030.00 $22,630.00 $80,267.44 $339,204.06 5. SH 359 6 $12,582.63 $15,475.00 $13,080.00 $41,137.63 $380,341.69 6. BUSINESS 35 + IH 35 FRs (6 diamond interchanges) 19 $35,188.31 $35,760.00 $26,400.00 $97,348.31 $477,690.00 TOTALS 80 $160,235.00 $177,625.00 $139,830.00 $477,690.00 $477,690.00
Signal Timing Traffic Report & Project TOTAL COMPANY Data Plans & Signal Timing Presentations to Management Collection Synchronization Implementation MPO, City Council & Direct Exp. FEE (FC 162) (FC 162) (FC 162) (FC 162) (FC 145) LOCKWOOD, ANDREWS & NEWNAM, INC. $92,510.00 $62,340.00 $40,650.00 $55,626.80 $251,126.80 LEE ENGINEERING, LLC $85,115.00 $77,490.00 $26,032.50 $188,637.50 A.C. GROUP, LLC $94,600.00 $94,600.00 LNV, INC. $65,635.00 $65,635.00 TOTALS $160,235.00 $177,625.00 $139,830.00 $40,650.00 $81,659.30 $599,999.30
Notes: A. Per City of Laredo, the City of Laredo will input the approved timing plans initially and the LAN Team will tweak them as needed in the field in coordination with the City. B. All Corridors will have Base Timing Plans of: AM, Noon, PM & Off peak C. Mines Road will have 6 timing plans total: AM, Noon, PM, Off peak, Monday (1 Plan) & Friday (1 Plan) D. The Off peak Timing Plan will also run on Weekends (Implementation will occur mid-week). E. Mines Rd Off peak plan will also be checked/tweaked on Saturday. F. BUS 35 & IH 35 FRs will be treated as a cluster network. We will prioritize E-W progression & review/tweak diamond operations & N-S progression on Bus 35.
Page 1 of 6 Contract No.: CSJ# 0922-33-158 Exhibit D Work Authorization No. 1 Fee Schedule Laredo Traffic Signal Synchronization Method of Payment: Lump Sum
Prime Provider: Lockwood, Andrews & Newnam, Inc. Project Table of Deliverables for Lump Sum Work Function Code Budget FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 81,659.30 FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 518,340.00 Total: $599,999.30
Date Description of Percent Payment Range Deliverable Summary of Deliverable Contents Complete Amount Cumulative Total K.O.Mtg., FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 15%$ 12,248.90 $ 12,248.90 4/2/18- Mines Rd- DC, Syn, Time, Imp US 83- DC, Syn, Time 6/1/18 Loop 20 & SH 359- DC, Syn FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 20%$ 103,668.00 $ 103,668.00 McPherson- DC Inv. #1 Sub-Total$ 115,916.90 $ 115,916.90 Mines Rd- Imp FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 15%$ 12,248.90 $ 24,497.79 6/2/18- US 83- Time Loop 20 & SH 359- Syn, Time 6/29/18 McPherson- Syn, Time FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 15%$ 77,751.00 $ 181,419.00
Inv. #2 Sub-Total$ 89,999.90 $ 205,916.79 Mines Rd- Imp, Trv & Rpt FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 5%$ 4,082.97 $ 28,580.76 6/30/18- McPherson- Time 7/27/18 FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 5%$ 25,917.00 $ 207,336.00
Inv. #3 Total:$ 29,999.97 $ 235,916.76 US 83- Prepare for Imp FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 5%$ 4,082.97 $ 32,663.72 7/28/18- Bus 35 & IH35FRs- Syn 8/31/18 FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 5%$ 25,917.00 $ 233,253.00
Inv. #4 Sub-Total$ 29,999.97 $ 265,916.72 US 83- Imp FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 10%$ 8,165.93 $ 40,829.65 9/1/18 Loop 20 & SH 359- Imp McPherson- Imp 9/21/18 Bus35/IH35FRs- DC FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 7%$ 36,283.80 $ 269,536.80
Inv. #5 Sub-Total$ 44,449.73 $ 310,366.45 US 83- Trv, Rpt FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 10%$ 8,165.93 $ 48,995.58 9/22/18- Loop 20 & SH 359- Trv, Rpt McPherson- Imp, Trv, Rpt 10/19/18 Bus35/IH35FRs- DC, Syn, Time FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 13%$ 67,384.20 $ 336,921.00
Inv. #6 Total:$ 75,550.13 $ 385,916.58 McPherson- Rpt FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 13%$ 10,615.71 $ 59,611.29 10/20/18- Bus35/IH35FRs- Imp, Trv 11/30/18 FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 20%$ 103,668.00 $ 440,589.00
Inv. #7 Sub-Total$ 114,283.71 $ 500,200.29 Bus35/IH35FRs- Rpt FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 12%$ 9,799.12 $ 69,410.41 12/1/18- Complete Report, Draft Presentation 12/28/18 FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 10%$ 51,834.00 $ 492,423.00
Inv. #8 Sub-Total$ 61,633.12 $ 561,833.41 Update Presentation FC 145 - PROJECT MANAGEMENT AND ADMINISTRATION 15%$ 12,248.90 $ 81,659.30 12/29/18- Prepare for & give Presentation 1/25/19 FC 162 - TRAFFIC DATA COLLECTION, TIMINGS, IMPLEMENTATION & REPORTING 5%$ 25,917.00 $ 518,340.00
Inv. #9 Total:$ 38,165.90 $ 599,999.30
Notes: DC = Data Collection (Tube & Turning Movement Counts & initial travel time run) Syn = Synchro Model Development Time = Timing Plans Development Imp = Implementation Trv= Travel time runs Rpt= Traffic Report Chapter
Page 2 of 6 Contract No.: CSJ# 0922-33-158 Exhibit D Work Authorization No. 1 Fee Schedule Laredo Traffic Signal Synchronization Method of Payment: Lump Sum
PRIME PROVIDER: Lockwood, Andrews & Newnam, Inc. Project Senior Admin/ Total Total Labor Function DESCRIPTION OF WORK TASK Manager Engineer EIT Designer Clerical Labor Cost per Code $265.00 $170.00 $105.00 $90.00 $70.00 Hours Task 145 PROJECT MANAGEMENT
KO & WebEx Meetings, On-Site FM 1472 Review, Progress Reports, Schedule, Sub-Consultant 60 54 46 25 185 $31,660.00 Agreements, Invoices, Coordination with the City of Laredo & TxDOT.
QC Project Files 36 36 $6,120.00 Total Labor Hours Per Personnel Category: 60 90 46 0 25 221 $37,780.00 Billable Hourly Contract Rate: $265.00 $170.00 $105.00 $90.00 $70.00 Labor Cost Per Personnel Category - FC 145: $15,900.00 $15,300.00 $4,830.00 $0.00 $1,750.00 $37,780.00 162 TRAFFIC SIGNAL TIMING PLAN DEVELOPMENT AND SYNCHRONIZATION 1. FM 1472 (Mines Road) 1 78 132 211 $27,385.00 2. US 83 1 102 112 215 $29,365.00 3. BUSINESS 35 + IH 35 FRs (6 Diamond Interchanges) 1 118 147 266 $35,760.00 SIGNAL TIMING PLAN IMPLEMENTATION 1. FM 1472 (Mines Road) 64 72 136 $18,440.00 2. US 83 56 76 132 $17,500.00 3. BUSINESS 35 + IH 35 FRs (6 Diamond Interchanges) 96 96 192 $26,400.00 FINAL TRAFFIC REPORT (INCLUDES CITY COUNCIL PRESENTATION) Traffic Report 4 64 116 2 3 189 $24,510.00 City Council Presentation 30 30 26 4 90 $16,140.00 Total Labor Hours Per Personnel Category: 37 608 777 6 3 1431 $195,500.00 Billable Hourly Contract Rate: $265.00 $170.00 $105.00 $90.00 $70.00 Labor Cost Per Personnel Category - FC 145: $9,805.00 $103,360.00 $81,585.00 $540.00 $210.00 $195,500.00
145 DIRECT COSTS QUANTITY UNIT COST TOTAL Photocopies B/W (8 1/2" X 11") 1,000 each$ 0.10 $ 100.00 Photocopies Color (8 1/2" X 11") 500 each$ 0.20 $ 100.00 Photocopies Color (11" X 17") 100 each$ 1.00 $ 100.00 Report Binding and Tabbing 15 each$ 15.00 $ 225.00 Mileage 1,640 Mile$ 0.55 $ 893.80 Lodging/Hotel (Taxes/fees not included) 38 day/person$ 93.00 $ 3,534.00 Lodging/Hotel - Taxes and Fees 38 day/person$ 40.00 $ 1,520.00 Rental Car (Includes taxes, fees & gas) 38 day$ 100.00 $ 3,800.00 Air Travel - In State - 2+ Wks Notice (Coach) 8 Rd Trip/person$ 600.00 $ 4,800.00 Parking 38 day$ 22.00 $ 836.00 Meals (Excluding alcohol & tips) 38 day/person$ 51.00 $ 1,938.00 Air Travel - In State - Short Notice (Coach) R/T$ 555.00 $ -
Total Direct Costs: $ 17,846.80
TOTAL (Lockwood, Andrews & Newnam, Inc.): $251,126.80
Page 3 of 6 Contract No.: CSJ# 0922-33-158 Exhibit D Work Authorization No. 1 Fee Schedule Laredo Traffic Signal Synchronization Method of Payment: Lump Sum
SUB PROVIDER: Lee Engineering, LLC Sr. Project Project Engr Admin/ Total Total Labor Function DESCRIPTION OF WORK TASK Principal Manager Engineer Designer Clerical Labor Cost per Code $240.00 $205.00 $130.00 $95.00 $50.00 Hours Task 145 PROJECT MANAGEMENT KO & WebEx Meetings, 21 21 $4,305.00 Initial Field Observations 28 28 $5,740.00 Invoicing 5 9 14 $1,372.50 Total Labor Hours Per Personnel Category: 0 54 0 0 9 63 $11,417.50 Billable Hourly Contract Rate: $265.00 $170.00 $105.00 $90.00 $70.00 Labor Cost Per Personnel Category - FC 145: $0.00 $11,070.00 $0.00 $0.00 $450.00 $11,417.50 162 TRAFFIC SIGNAL TIMING PLAN DEVELOPMENT AND SYNCHRONIZATION 1. FM 1472 (Mines Road) 4 25 76 86 191 $24,135.00 2. Loop 20 4 21 42 50 117 $15,475.00 3.McPherson Road 4 24 101 116 245 $30,030.00 4.SH 359 4 21 42 50 117 $15,475.00 SIGNAL TIMING PLAN IMPLEMENTATION 1. FM 1472 (Mines Road) 88 82 170 $28,700.00 2. Loop 20 60 6 66 $13,080.00 3.McPherson Road 66 70 136 $22,630.00 4.SH 359 60 6 66 $13,080.00 Total Labor Hours Per Personnel Category: 16 365 425 302 0 1108 $162,605.00 Billable Hourly Contract Rate: $240.00 $205.00 $130.00 $95.00 $50.00 Labor Cost Per Personnel Category - FC 145: $3,840.00 $74,825.00 $55,250.00 $28,690.00 $0.00 $162,605.00
145 DIRECT COSTS QUANTITY UNIT COST TOTAL Photocopies B/W (8 1/2" X 11") each$ 0.10 $ - Photocopies Color (8 1/2" X 11") each$ 0.20 $ - Photocopies Color (11" X 17") each$ 1.00 $ - Report Binding and Tabbing each$ 15.00 $ - Mileage Mile$ 0.55 $ - Lodging/Hotel (Taxes/fees not included) 34 day/person$ 93.00 $ 3,162.00 Lodging/Hotel - Taxes and Fees 34 day/person$ 40.00 $ 1,360.00 Rental Car (Includes taxes, fees & gas) 29 day$ 100.00 $ 2,900.00 Air Travel - In State - 2+ Wks Notice (Coach) 7 Rd Trip/person$ 600.00 $ 4,200.00 Parking 41 day$ 22.00 $ 902.00 Meals (Excluding alcohol & tips) 41 day/person$ 51.00 $ 2,091.00 Air Travel - In State - Short Notice (Coach) R/T$ 555.00 $ -
Total Direct Costs: $ 14,615.00
TOTAL (Lee Engineering, LLC): $188,637.50
Page 4 of 6 Contract No.: CSJ# 0922-33-158 Exhibit D Work Authorization No. 1 Fee Schedule Laredo Traffic Signal Synchronization Method of Payment: Lump Sum
SUB PROVIDER: A.C. Group, LLC Traffic Data Total Total Labor Function DESCRIPTION OF WORK TASK Supervisor Surveyors Labor Cost per Code $75.00 $75.00 Hours Task 162 TRAFFIC DATA COLLECTION 1. FM 1472 (Mines Rd) 12 300 312 $23,400.00 2. US Highway 83 (Zapata Hwy) 12 152 164 $12,300.00 3. Bob Bullock Loop (Loop 20) 12 72 84 $6,300.00 4. McPherson Road 12 136 148 $11,100.00 5. Business Interstate Highway 35 12 56 68 $5,100.00 6. State Highway 359 12 56 68 $5,100.00 7. Interstate Highway 35 12 96 108 $8,100.00
Total Labor Hours Per Personnel Category: 84 868 0 0 952 $71,400.00 Billable Hourly Contract Rate: $75.00 $75.00 $0.00 $0.00 Labor Cost Per Personnel Category - FC 145: $6,300.00 $65,100.00 $0.00 $0.00 $71,400.00
162 DIRECT COSTS QUANTITY UNIT COST TOTAL 7-day Tube Counts 34 each$ 640.00 $ 21,760.00 Travel Time Runs 12 each$ 120.00 $ 1,440.00 Photocopies Color (11" X 17") each$ 1.00 $ - Report Binding and Tabbing each$ 15.00 $ - Mileage Mile$ 0.55 $ - Lodging/Hotel (Taxes/fees not included) day/person$ 93.00 $ - Lodging/Hotel - Taxes and Fees day/person$ 40.00 $ - Rental Car (Includes taxes, fees & gas) day$ 100.00 $ - Air Travel - In State - 2+ Wks Notice (Coach) Rd Trip/person$ 600.00 $ - Parking day$ 22.00 $ - Meals (Excluding alcohol & tips) day/person$ 51.00 $ - Air Travel - In State - Short Notice (Coach) R/T$ 555.00 $ -
Total Direct Costs: $ 23,200.00
TOTAL (A.C. Group, LLC): $94,600.00
Page 5 of 6 Contract No.: CSJ# 0922-33-158 Exhibit D Work Authorization No. 1 Fee Schedule Laredo Traffic Signal Synchronization Method of Payment: Lump Sum
SUB PROVIDER: LNV, Inc. Sr. Project Senior Cadd 2 Man Total Total Labor Function DESCRIPTION OF WORK TASK Manager Engineer Engineer IV Engineer I Technician Crew Clerical Labor Cost per Code $225.00 $195.00 $145.00 $110.00 $115.00 $195.00 $70.00 Hours Task 162 TRAFFIC DATA COLLECTION Data Collection / Field Support 19 44 27 40 16 201 49 396 $65,635.00
Total Labor Hours Per Personnel Category: 19 44 27 40 16 201 49 396 $65,635.00 Billable Hourly Contract Rate: $225.00 $195.00 $145.00 $110.00 $115.00 $195.00 $70.00 Labor Cost Per Personnel Category - FC 145: $4,275.00 $8,580.00 $3,915.00 $4,400.00 $1,840.00 $39,195.00 $3,430.00 $65,635.00
162 DIRECT COSTS QUANTITY UNIT COST TOTAL Photocopies B/W (8 1/2" X 11") each$ 0.10 $ - Photocopies Color (8 1/2" X 11") each$ 0.20 $ - Photocopies Color (11" X 17") each$ 1.00 $ - Report Binding and Tabbing each$ 15.00 $ - Mileage Mile$ 0.55 $ - Lodging/Hotel (Taxes/fees not included) day/person$ 93.00 $ - Lodging/Hotel - Taxes and Fees day/person$ 40.00 $ - Rental Car (Includes taxes, fees & gas) day$ 100.00 $ - Air Travel - In State - 2+ Wks Notice (Coach) Rd Trip/person$ 600.00 $ - Parking day$ 22.00 $ - Meals (Excluding alcohol & tips) day/person$ 51.00 $ - Air Travel - In State - Short Notice (Coach) R/T$ 555.00 $ -
Total Direct Costs: $ -
TOTAL (LNV, Inc.): $65,635.00
Page 6 of 6 WAs Used Contract No. ______
ATTACHMENT D D-1 WORK AUTHORIZATION NO. __1__ CONTRACT FOR ENGINEERING SERVICES
THIS WORK AUTHORIZATION is made pursuant to the terms and conditions of Article 5 of Engineering Contract No. ______(the Contract) entered into by and between the City of Laredo, Texas, (the City), and Lockwood, Andrews & Newnam, Inc. (the Engineer).
PART I . The Engineer will perform engineering services generally described as Traffic Signal Synchronization_ in accordance with the project description attached hereto and made a part of this Work Authorization. The responsibilities of the City and the Engineer as well as the work schedule are further detailed in exhibits A, B and C which are attached hereto and made a part of the Work Authorization.
PART II . The maximum amount payable under this Work Authorization is $599,999.30 and the method of payment is Lump Sum as set forth in Attachment E of the Contract. This amount is based upon fees set forth in Attachment E, Fee Schedule, of the Contract and the Engineer’s estimated Work Authorization costs included in Exhibit D, Fee Schedule, which is attached and made a part of this Work Authorization.
PART III. Payment to the Engineer for the services established under this Work Authorization shall be made in accordance with Articles 3 thru 5 of the contract, and Attachment A, Article 1.
PART IV . This Work Authorization shall become effective on the date of final acceptance of the parties hereto and shall terminate on April 1, 2019, unless extended by a supplemental Work Authorization as provided in Attachment A, Article 1.
PART V . This Work Authorization does not waive the parties' responsibilities and obligations provided under the Contract.
IN WITNESS WHEREOF, this Work Authorization is executed in duplicate counterparts and hereby accepted and acknowledged below.
THE ENGINEER THE CITY OF LAREDO, TX
______(Signature) (Signature) _Robert D. Austin______(Printed Name) (Printed Name) _Sr. Associate, Team Leader______(Title) (Title) ______March 28, 2018 ______(Date) (Date)
LIST OF EXHIBITS Exhibit A Services to be provided by the City Exhibit B Services to be provided by the Engineer Exhibit C Work Schedule Exhibit D Fee Schedule/Budget
Engineering–Engineering_IndefDelwWA.doc Page 1 of 2 Attachment D-2
Staff Report 21. City Council-Special Meeting Date: 04/02/2018 Initiated By: Jose A. Valdez Jr., City Secretary Staff Source: City Secretary
SUBJECT Discussion with possible action regarding the implementation of an election candidate filing fee or signature petition in lieu of filing fee, through a Charter amendment and any other matters incident thereto.
PREVIOUS COUNCIL ACTION N/A
BACKGROUND N/A
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION N/A
Fiscal Impact Fiscal Year: Bugeted Y/N?: Source of Funds: Account #: Change Order: Exceeds 25% Y/N: FINANCIAL IMPACT: N/A
Staff Report 22. City Council-Special Meeting Date: 04/02/2018 Initiated By: Monica C. Flores, Executive Director Staff Source: Monica C. Flores, Executive Director; Claudio Treviño Jr., Police Chief; Claudia Y. Poblano, Risk Manager
SUBJECT Discussion with possible action to consider a first request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code for Patrol Officer Alfredo Rodriguez.
PREVIOUS COUNCIL ACTION N/A
BACKGROUND Patrol Officer Alfredo Rodriguez suffered a work related injury on April 6, 2017. April 5, 2018 - 260th Day
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION 36 working days from April 6, 2018 to May 25, 2018. Work days recommended may be subject to minor variations depending on medical assessment and/or employee work schedule.
Staff Report 23. City Council-Special Meeting Date: 04/02/2018 Initiated By: Monica C. Flores, Executive Director Staff Source: Monica C. Flores, Executive Director; Claudio Treviño Jr., Police Chief; Claudia Y. Poblano, Risk Manager
SUBJECT Discussion with possible action to consider a first request for an extension of Injury Leave with pay in accordance with 143.073 (b) of the Texas Local Government Code for Police Captain Guadalupe A. Ortiz.
PREVIOUS COUNCIL ACTION N/A
BACKGROUND Police Captain Guadalupe A. Ortiz suffered a work related injury on October 7, 2016. April 13, 2018 - 260th Day
COMMITTEE RECOMMENDATION N/A
STAFF RECOMMENDATION 30 working days from April 16, 2018 to May 25, 2018. Work days recommended may be subject to minor variations depending on medical assessment and/or employee work schedule.