City Council

PUBLIC NOTICE City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX Tuesday, February 1st, 2022 3:00 p.m. In accordance with the Open Meetings Act, Chapter 551 of the Government Code of Texas, notice is hereby given to all interested persons that the Odessa City Council will have a Work Session at 3:00 p.m. on Tuesday, February 1st, 2022 in the 5th Floor, City Council Chambers, City Hall, 411 W. 8th St, Odessa, Texas for the following purposes: Call to Order SEE ATTACHED AGENDA Adjourn This Notice is being posted on the bulletin board located outside the south entrance of the City Hall building and on the bulletin board of the first floor of City Hall, Odessa, Texas the _______ day of January 2022 at ________, ___. m. It is also posted on the City of Odessa’s website www.odessa-tx.gov. The said time being more then seventy-two (72) hours prior to the time at which the subject meeting will be convened and called to order. The Work Session meeting is available to all persons regardless of disability. Individuals with disabilities who require assistance should contact the City Secretary’s Office at (432) 335-3276, or 411 West 8th Street, First Floor, Odessa, Texas, during normal business hours at least twenty-four (24) hours in advance of the meeting. ___________________________________ Norma Aguilar-Grimaldo City Secretary, TRMC, CMC  City Council Work Session Agenda City Hall, City Council Chambers – 5th Floor 411 W. 8th Street Odessa, TX Tuesday, February 1st, 2022 3:00 p.m. Call to Order Invocation – Councilwoman Mark Matta 1. Nacero Update Hal Bouknight 2. Consider changes to modify Sec. 12-2-7 (School Zones) of the City Code of Ordinance Hal Feldman 3. Consider award of bid for Estancia Blvd paving project from 56th Street to Hwy 191 Yervand Hmayakyan 4. Consider a resolution to apply and accept funds for the OPD from 2022 HIDTA Grant Mike Gerke 5. Consider the purchase of Four Braun Ambulances from Siddons Martin Emergency Group Rodd Huber 6. Consider bid award for Faudree Linear Detention Basin Tom Kerr 7. Faudree Widening Update Presentation Tom Kerr 8. Consider approval of the Reimbursement Agreement with Holly Energy Pipeline Tom Kerr 9. Development Services Update Phillip Urrutia Adjourn  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 2/8/2022 Hal Feldman Traffic Engineering No Work Session? Contacted Legal? Item Type Yes Yes Regular Ordinance, CAPTION Consider changes to modify Sec. 12-2-7 (School Zones) of the City Code of Ordinances. (Ordinance - First Approval) SUMMARY School Zones 1. Carver & Milam (in front of schools) - Propose to install a new school zone on College. 2. Dowling (in front of school) - Propose to install a new school zone on 17th. 3. Gale Pond Alamo - Propose to install a new school zone on 23rd and remove existing school zone on Center. 4. Permian - Propose to install new school zones on Dawn and Bonham streets 5. Gonzales (in front of school) - Propose to install a new school zone on Disney. Comments/Other Departments, Boards, Commissions or Agencies The Traffic Advisory Committee reviewed and approved these changes on January 26, 2022. Supporting Documents 5o-038 Amend 12-2-7 School Zones.pdf, Exhibits.pdf,  . Washington Ln INSTALL SCHOOL ZONE ON COLLEGE AVE FOR CARVER AND MILAM ELEMENTARY Woodson Ave E Murphy St INSTALL INSTALL SCHOOL SCHOOL ZONE ZONE Colle ge Ave MILAM CARVER MAGNET ELEMENTARY BLACKSHEAR ELEMENTARY MAGNET S Dixie Blvd  E 17th St INSTALL SCHOOL ZONE Dowling Elementary M ap le Av e Tulip Ln E 14th St INSTALL SCHOOL ZONE AT E 17TH ST FOR . DOWLING ELEMENTARY E 25th St E Dr ZO N tz N imi O OL ond r y SC H P Gale ment a le OVE E l a mo A RE M Adams Ave Milburn Ave Z ON E OO L L L S CH E 23rd St INSTA Eis Ave ter enh er R nD r Cen ow t to Pa d INSTALL SCHOOL ZONE ON E 23RD ST REMOVE SCHOOL ZONE ON CENTER AVE . FOR GALE POND ALAMO  E 42nd St INSTALL INSTALL SCHOOL SCHOOL ZONE ZONE Melody Ln INSTALL INSTALL SCHOOL SCHOOL ZONE ZONE PERMIAN HIGH am Bonh Av e E 37th St E 37th St Redbud Ave Optimist Dawn Ave Castle Rd INSTALL SCHOOL ZONE ON DAWN AVE AND . BONHAM AVE FOR PERMIAN HIGH  n od L ewo St ve fax A Engl y sne Hali Di ON O E NE O L L Z Z C C HO H OO LLL S S TA ST AL e NS IIN Verd o od Dr I n w Ave GONZALES Idlewood L Custer Ave ELEMENTARY n Cambridge St INSTALL SCHOOL ZONE ON DISNEY ST . FOR GONZALES ELEMENTARY  ORDINANCE NO. 2022-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ODESSA, TEXAS, AMENDING THE ODESSA CITY CODE CHAPTER 12 “TRAFFIC AND VEHICLES” ARTICLE 12-2 “OPERATION OF VEHICLES” SECTION 12-2-7 “SCHOOL ZONES”; PROVIDING A PENALTY CLAUSE AND OTHER APPROPRIATE CLAUSES WHEREAS, Traffic Engineering investigations by the City of Odessa have revealed that it would materially contribute to traffic safety to make the hereinafter described amendments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ODESSA, TEXAS Section 1. That the Odessa City Code Chapter 12 “Traffic and Vehicles,” Article 12- 2 “Operation of Vehicles” Section 12-2-7 “School Zones” is hereby amended by deleting and adding the following: Sec. 12-2-7 School zones Pursuant to city code section 12-1-3(a), the following is a list of all school zones found within the city limits. Any portion of a street or highway signalized, marked, and signposted by the traffic engineering division as a school zone, during the time specified on the signs or when beacons are flashing, shall have a speed limit of twenty (20) miles per hour, except as otherwise indicated: ADDING: College Avenue. On College Avenue beginning at a point 110 feet south of the south curbline of Murphy Street and continuing south for a distance of 1,165 feet. 17th Street. On 17th Street beginning at a point 155 feet west of the west curbline of Tulip Lane and continuing west for a distance of 1,040 feet. 23rd Street. On 23rd Street beginning at a point 180 feet east of the east curbline of Adams Avenue and continuing east for a distance of 950 feet. Dawn Avenue. On Dawn Avenue beginning at a point 175 feet south of the south curbline of 42nd Street and continuing south for a distance of 1,000 feet. CB: Ordinances\5o-38 Amend 12-2-7 School Zones Page 1 of 3  Bonham Avenue. On Bonham Avenue beginning at a point 125 feet south of the south curbline of 42nd Street and continuing south for a distance of 640 feet. Disney Street. On Disney Street beginning at a point 140 feet east of the east curbline of Verde Avenue and continuing east for a distance of 930 feet. DELETING: Center Avenue. On Center Avenue beginning 135 feet south of the curbline of 23rd Street and extending north for a distance of 676 feet. Section 2. That should any section, clause or provision of this ordinance be declared by a court of competent jurisdiction be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the city as a whole or any part thereof, other than the part so declared to be invalid. Section 3. That any person violating the provisions of this ordinance shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $200.00 as provided in Section 1-1-9, “General Penalty”, Odessa City Code, which section is adopted by reference and made a part hereof. Section 4. That the caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the city of Odessa as provided by City Charter section 65. Section 5. That this ordinance shall go into effect five (5) days after its publication following adoption on second approval as provided by City Charter section 65. The foregoing ordinance was first approved on the 8th day of February, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ CB: Ordinances\5o-38 Amend 12-2-7 School Zones Page 2 of 3  The foregoing ordinance was adopted on second and final approval on the 22nd day of February, A.D., 2022, by the following vote: Mark Matta ___ Steven P. Thompson ___ Detra White ___ Tom Sprawls ___ Mari Willis ___ Denise Swanner ___ Javier Joven ___ Approved this the 22nd day of February, A.D., 2022. Javier Joven, Mayor ATTEST: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: Natasha Brooks, City Attorney CB: Ordinances\5o-38 Amend 12-2-7 School Zones Page 3 of 3  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 2/8/2022 Yervand Hmayakyan Public Works Yes Work Session? Contacted Legal? Item Type Yes No Regular Bid Award, CAPTION Consider award of bid for Estancia Blvd. paving project from 56th Street to HWY 191, Job # 220090-30. SUMMARY The bids for this project were opened on January 25, 2022. Three responsive bids were submitted for this project. The lowest responsive bidder was JD King Construction in the amount of $395,680.01. Bids are within budgeted amount for the project. The purpose of this project is to construct a 40 feet wide curbed roadway with street lights. Estancia Blvd. will be a new roadway between 56th street and HWY 191 frontage road, east of Billy Hext road. This will provide an additional rout for drivers exiting Compass Academy. Newton Engineering, the design consultant, and City staff have reviewed the bids and recommend awarding the bid to JD King Construction in the amount of $395,680.01. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2022 COO Cost Yes Available Funds Budget Est/Actual Cost Difference This Agenda Item: $395680.01 $395680.01 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Funds are available through 2019 COO Supporting Documents Bid Tabulation 220090-30.pdf, Location Map_220090-30.pdf, recommendation letter and itemazed bid tab.pdf,  Estancia Boulevard Paving Project from 56th Street to Hwy 191 Job No. 220090-30 January 25, 2022 @ 3:30pm BID BIDDER SECURITY TOTAL BID CD King Construction dba JD King ✓ $395,680.01 CK Newberry LLC ✓ $879,297.00 Jones Bros Dirt & Paving Contractors, Inc. ✓ $567,799.20 January 27, 2022 Mr. Thomas Kerr, P.E. Director of Public Works/Utilities City of Odessa 411 West 8th Street Odessa, TX 79761 RE: Estancia Boulevard Paving Project from 56th Street to Highway 191 Job No. 220090-30 Dear Mr. Kerr: On January 25, 2022, the City of Odessa received and opened three (3) bid proposals from interested contractors for the Estancia Boulevard Paving Project from 56th Street to Highway 191. A bid tabulation (attached) was prepared for the evaluation and confirmation of the lowest bidder based on unit prices submitted at the bid opening. The table below summarizes the received bids: BIDDER TOTAL BID JD King $395,680.01 Jones Bros Dirt & Paving $569,799.20 CK Newberry LLC $879,291.00 Based on the attached tabulation, JD King submitted the lowest bid for the project. JD King is located in Seminole, Texas and has completed several paving projects in Odessa. Based on a review of previous work with similar scope completed in the Odessa area, it appears JD King is qualified and capable of successfully completing this project. Newton Engineering has no objection to awarding the project to JD King for the bid amount of $395,680.01. Please feel free to contact me should you have any questions. Sincerely, ________________________________ Kyle L. Newton, P.E. Attachments: Bid Tabulation Page 1 of 1  ESTANCIA BOULEVARD PAVING PROJECT FROM 56TH STREET TO HIGHWAY 191 JOB NO. 220090-30 BID TABULATION BID DATE: TUESDAY, JANUARY 25, 2021 @ 3:30 PM Bid JD KING CONSTRUCTION JONES BROS DIRT & PAVING CK NEWBERRY, LLC Qty & Unit Description Item Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 2.95 AC. RIGHT-OF-WAY CLEARING $1,618.88 $4,775.70 $4,950.00 $14,602.50 $15,000.00 $44,250.00 2 240 L.F. REMOVE EXISTING FENCE $20.24 $4,857.60 $3.69 $885.60 $20.00 $4,800.00 3 7,550 S.Y. ROUGH CUT ROADWAYS FOR BASE $1.83 $13,816.50 $6.89 $52,019.50 $15.00 $113,250.00 4 7,550 S.Y. SUBGRADE PREPARATION $1.72 $12,986.00 $2.45 $18,497.50 $3.00 $22,650.00 5 6,810 S.Y. INSTALL 8" CALICHE BASE $9.45 $64,354.50 $10.95 $74,569.50 $15.00 $102,150.00 6 6,810 S.Y. INSTALL 2" HMAC PAVEMENT $16.95 $115,429.50 $14.69 $100,038.90 $26.00 $177,060.00 7 3,159 L.F. INSTALL STANDARD CURB & GUTTER $14.87 $46,974.33 $20.35 $64,285.65 $20.00 $63,180.00 8 172 L.F. INSTALL RIBBON CURB $39.19 $6,740.68 $26.75 $4,601.00 $23.00 $3,956.00 9 350 L.F. RE-GRADE DITCH ALONG 56TH STREET $61.10 $21,385.00 $11.99 $4,196.50 $25.00 $8,750.00 BACKFILL DITCH AND INSTALL ROCK RIPRAP AT HIGHWAY 191 10 30 $62.70 $1,881.00 $95.95 $2,878.50 $250.00 $7,500.00 C.Y. INTERSECTION 11 53 S.Y. INSTALL CRMWD CROSSING CONCRETE CAP $92.33 $4,893.49 $127.35 $6,749.55 $320.00 $16,960.00 12 11 EA. INSTALL PRECAST STREET LIGHT BASE $1,550.00 $17,050.00 $4,815.00 $52,965.00 $5,000.00 $55,000.00 13 13 EA. INSTALL 13"x24" SERVICE BOX $1,031.25 $13,406.25 $1,070.00 $13,910.00 $1,250.00 $16,250.00 14 3,345 L.F. INSTALL 2" SCH 40 PVC CONDUIT FOR STREET LIGHTS $11.81 $39,504.45 $26.75 $89,478.75 $28.00 $93,660.00 15 65 L.F. INSTALL CRMWD CROSSING CONDUIT CONCRETE ENCASEMENT $40.00 $2,600.00 $69.55 $4,520.75 $75.00 $4,875.00 STORMWATER POLLUTION PREVENTION (SWPPP DOCUMENT, EROSION CONTROL MEASURES, SWPPP PERMITTING NECESSARY FOR THE 16 1 L.S. $5,263.58 $5,263.58 $7,250.00 $7,250.00 $5,000.00 $5,000.00 PROJECT) AND MAINTAIN UNTIL ACCEPTANCE OF PROJECT BY STORMWATER DEPARTMENT TRAFFIC CONTROL, INCLUDING ALL SIGNS, BARRICADES FLAGMEN & 17 1 L.S. $11,812.50 $11,812.50 $1,850.00 $1,850.00 $15,000.00 $15,000.00 WARNING LIGHTS AS NECESSARY FOR THE DURATION OF THE PROJECT 18 1 L.S. MOBILIZATION $7,948.93 $7,948.93 $56,500.00 $56,500.00 $125,000.00 $125,000.00 TOTAL BASE BID $395,680.01 $569,799.20 $879,291.00 Page 1 of 1  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 2/8/2022 Mike Gerke Police Yes Work Session? Contacted Legal? Item Type Yes Yes Consent Resolution, CAPTION Consider a resolution to apply and accept funds for the City of Odessa Police Department from the 2022 HIDTA Grant in the amount of $29,300. (-RESOLUTION-) SUMMARY The Police Department will be awarded $29,300 in grant funds. This agreement between the DEA and OPD allows one OPD Officer to be assigned to the Permian Basin Multi-Agency Force Initiative. OPD will remain responsible for establishing the salaries and benefits, including overtime, of the OPD Officer assigned to the task force and for making all payments due them. HIDTA will , subject to availability of funds, reimburse OPD for overtime and fringe payments made by it to the OPD Officer assigned to the Permian Basin HIDTA for a sum of up to $29,300. Grant Funds: Overtime $11,000 Fringe $ 3,300 Supplies $ 4,000 Contractual $11,000 Total Funds $29,300 FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2022 Grant Revenue No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $29300.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $29300.00 Transfer Amount: Appropriation By: Grant, Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents GG_LobbyingForm-V1.1 (2) Cert Lob 2022 HIDTA.pdf, SF424_4_0-V4.0 (2) Appl 2022 HIDTA.pdf, SF424A-V1.0 (1) Budget OPD 2022 HIDTA.pdf, SFLLL_2_0-V2.0 (2) Discl Lob 2022 HIDTA.pdf,  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 2/8/2022 Rodd Huber Fire Rescue No Work Session? Contacted Legal? Item Type Yes No Regular Other, CAPTION Consider the purchase of Four Braun Ambulances from Siddons Martin Emergency Group ($1,507,624) SUMMARY Approval of this item will authorize Odessa Fire Rescue to purchase four ambulances from Siddons Martin Emergency Group utilizing the HGAC purchasing cooperative contract. The purchase includes the full outfit of the vehicles as well as the following warranties: 5 year Extended Chassis Warranty 3 year Extended Module Warranty 5 year Maintenance Package The build time is expected to be 18-19 months from the time a purchase order is issued. Siddons Martin operates a maintenance shop in Odessa and is able to provide maintenance to the new items purchased as well as other emergency vehicles currently in the fleet. Each unit is $376,906, the total purchase price is $1,507,624. This is a budgeted and scheduled purchased, retired items will be auctioned. Comments/Other Departments, Boards, Commissions or Agencies previous ambulance cost in FY 2021 was $343,436, $33,470 price increase per unit. Reflects a 9.7% increase. Supporting Documents Odessa Drawings.pdf, Odessa Paint and Graphics.pdf, Rev2 Proposal Odessa 128-22.pdf,  .., ODESSA FIRB RBSCUB :t:J ~ • (__l: «) I. c. iil:"iC) 8El1\JNE PRINTED GRAY SOL WITH BLACK REFLECTWE BORDER PRINTED GRAY REFLECTIVE BUCK REFLEcnVE LETTERING CHEVRON RED REFLECT1VE PAINTBAEAKSTRIPE RI!FLEXITE RED WITH BlACK OUTUNE LG. I!NGINE SIGNGOLD REF'LmTE FLUME Wf'I'H SLACK 80RDI!R ODESSA FIRB RBSCUB LE.TTERING LG. ENGINE SIGNGOLD WFTH BLACK OUTUNE LETTERING PRINTED GRAY DRAWING IS FOR VISUAL PURPOSE ONLY. OPENINGS, HARDWARE AND BODY CONTOURS MAY VARY AFFECTING OUTCOME OF FINAL LAYOUT. THIS DESIGN & ENGINEERING IS SUBMITTED AS OUR PROPOSAL AND IS TO REMAIN OUR PROPERTY EXCLUSIVELY UNTIL ACCEPTED AND APPROVED BY PURCHASE COPYRIGH T 2021 @ CUSTOMER: ODESSA --- RUn G HICS AUTHORIZATION SIGNATURE JOB# DATE: 7-2-21 - --- ·- ---:::- - -·. , . - - - - -- I DRAWING BY: MARKS. REV. 7-2-21 Siddons Martin Emergency Group, LLC 3500 Shelby Lane Denton, TX 76207 GDN P115891 TXDOT MVD No. A115890 January 28, 2022 Rodd Huber, EMS Chief ODESSA FIRE DEPARTMENT 1100 W 2ND ST ODESSA, TX 79763 Proposal For: Type 1 Braun x4 Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to ODESSA FIRE DEPARTMENT. Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery FOB ODESSA FIRE DEPARTMENT and training on operation and use of the apparatus. Description Amount Qty. 4 - Br11022 - Braun Ford F 550 Type 1 (Unit Price - $376,656.00) Delivery within 18-19 months of order date QUOTE # - SMEG-0003248-4 Vehicle Price $1,506,624.00 Br11022 - UNIT TOTAL $1,535,594.00 SUB TOTAL $1,535,594.00 HGAC AM10-20(EMS) $1,000.00 TOTAL $1,507,624.00 Price guaranteed until 2/10/2022 Additional: The delivery of these units is contingent upon chassis availability and signed work order by Odessa Fire and Rescue and Siddons Martin Emergency Group. Due to current supply chain disruptions, estimated delivery cannot be guaranteed till a VIN has been issued by Ford. Pricing includes: Stryker Power Load 5yr Ext Chassis Warranty 3yr Extended Module Warranty 5yr Maintainance Package Taxes: Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Proposal Type 1 Braun x4 Page 1 of 2 January 28, 2022 Late Fee: A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost of the apparatus. Cancellation: In the event this proposal is accepted and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (B) 20% of the Purchase Price after completion of the approval drawings; (C) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons-Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons-Martin Emergency Group upon sale of the product to another purchaser, plus any costs incurred by Siddons-Martin to conduct such sale. Acceptance: In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of Texas. No additional terms or conditions will be binding upon Siddons-Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons-Martin Emergency Group, LLC. Sincerely, Kem Bales I, _____________________________, the authorized representative of ODESSA FIRE DEPARTMENT, agree to purchase the proposed and agree to the terms of this proposal and the specifications attached hereto. __________________________________________________________ Signature & Date Proposal Type 1 Braun x4 Page 2 of 2 January 28, 2022  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 2/8/2022 Thomas Kerr Public Works Yes Work Session? Contacted Legal? Item Type Yes No Regular Bid Award, CAPTION Consider award of bid for the Faudree Linear Detention Basin project to Onyx General Contractors for the amount of $4,196,456.81. SUMMARY During the design of the Faudree Rd. Widening project, it was determined that the development of detention facilities north of Yukon would have a beneficial impact on the construction of Faudree Rd. and reduce the downstream drainage flow rates in major events. As a result Kimley Horn and Associates designed the excavation of 5 sequential basins north of Yukon Road in the eastern water shed of the East Drainage OIME Playa water basin which provide for the temporary storage of stormwater drainage reducing the rate of water release to make flows more manageable. Bids for this excavation project, Faudree Linear Detention Basins Job No. 210241-32, were opened on December 14, 2021 with the lowest bid being Onyx General Contractors in the amount of $4,196,456.81. As a part of this project the City will need to work with Plains All American Pipeline to lower/relocate a pipeline crossing the project. This cost is estimated at approximately $1,025,000. Additionally City staff recommends reserving $475,000 in contingency for this project. The total budget for this project is estimated at $5,696,456.81 Staff has reviewed the bids and recommends awarding the bid for this project to Onyx at $4,196,456.81 and proposes the funding for this bid and remaining expenses associated with the project come from the following: - $2,000,000 – Stormwater Fund - $3,000,000 – ¾ of TxDOT Road Participation Funds from 2019 CO - $700,000 – Unassigned overwidth Paving Funds from 2019 CO FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2022 General Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $5696456.81 $4196456.81 $1500000.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Bid Tabulation 210241-32 (Linear Detention).pdf,  Faudree Linear Detention Basins Job No. 210241-32 December 14, 2021 @ 3:30pm BIDDER BID SECURITY ADDENDUM #1 ADDENDUM #2 ADDENDUM #3 ALTERNATE BID BASE BID CD King Construction Bond ✓ ✓ ✓ $705,076.65 $5,091,418.08 Ragle Inc. Bond ✓ ✓ ✓ $705,076.65 $5,560,413.86 Reece Albert Inc. Bond ✓ ✓ ✓ $1,063,652.60 $4,450,710.00 Onyx General Contractors Bond ✓ ✓ ✓ $918,061.00 $4,196,456.81  CITY OF ODESSA CITY COUNCIL AGENDA ITEM Meeting Date Contact Department Fiscal Impact? 2/8/2022 Thomas Kerr Public Works Yes Work Session? Contacted Legal? Item Type Yes No Regular Other, CAPTION Consider approval of a Reimbursement Agreement with Holly Energy Pipeline (HEP) for relocation of a pipeline not to exceed $273,000. SUMMARY As a part of the Faudree Rd. Widening Project we have been working with the Franchises and utilities to relocate any necessary utilities in conflict with the design of the Project. One particular pipeline needing to be relocated is a pipeline operated by Holly Energy Pipeline (HEP). City staff has worked with HEP to coordinate the lowering of the pipeline and reimbursement costs associated with the work necessary. This item would approve the Reimbursement agreement between the City and HEP whereby HEP will complete all the work necessary for the lowering of the pipeline and the City would reimburse HEP for the actual costs associated with the work an amount not to exceed $273,000. Funding for the reimbursement of this work would come from the 2019 Certificates of Obligations. FISCAL IMPACT Fiscal Year Fund Type Cost or Revenue? Fiscal Note Attached? 2022 General Cost No Available Funds Budget Est/Actual Cost Difference This Agenda Item: $273000.00 $273000.00 $0.00 ACTION NEEDED TO AMEND THE BUDGET Appropriation Amount: $ Transfer Amount: $ Appropriation By: Comments/Other Departments, Boards, Commissions or Agencies Supporting Documents Reimbursement Agreement - HEP (12.10.21).pdf, THE STATE OF TEXAS § COUNTY OF ECTOR § CITY OF ODESSA REIMBURSEMENT AGREEMENT FOR PIPELINE LOWERING THIS AGREEMENT is made and entered into by and between the City of Odessa, a Texas home-rule municipal corporation, with its principal office at 411 West 8th Street, Odessa, Ector County, Texas (hereinafter referred to as “City”) and HEP Fin-Tex/Trust River, L.P., a Delaware limited partnership (hereinafter referred to as “Operator”). WHEREAS, City intends to reconstruct Faudree Rd. from SH 191 north of Yukon Rd. as a five (5) lane road with drainage channels and culverts (“Improvements”); and WHEREAS, the design for these Improvements necessarily encroach on and over Operator’s existing Pipeline (“Pipeline”), which such pipeline is identified on Exhibit “A”, attached hereto and incorporated herein by reference for all legal purposes; and WHEREAS, in connection therewith, the City desires that Operator lower the Pipeline (the “Lowering”) to a deeper depth under the area shown in Exhibit “B” where the Improvements will ultimately be constructed; and WHEREAS, Operator has no objection to the Lowering and agrees to lower the Pipeline as the City’s sole cost and expense. The City agrees to reimburse Operator for such costs and expenses pursuant to the terms hereof; NOW, THEREFORE, in consideration of the terms, conditions, covenants and promises contained herein, City and Operator agree as follows: ARTICLE I LOWERING 1.1 For the Lowering, Operator agrees to lower the Pipeline at the crossing identified on Exhibit “B” a minimum of six feet (6’). 1.2 Operator shall complete the Lowering substantially as shown in Exhibit “C”, attached hereto and incorporated herein by reference for all legal purposes, which both Parties agree represents the scope of work for the Lowering. Operator agrees to perform the Lowering in accordance with industry standards and customs and in compliance with all federal, state and local regulations. 1.3 Operator shall bear the responsibility for coordinating with the parties necessary and taking the Pipeline out of service as needed prior to the Lowering and reloading and returning the Pipeline to full service once the Lowering has been completed. 1.4 Operator shall cooperate with the City on timely coordination of completion of the Lowering. Page 1 of 6 1.5 Operator shall keep an accounting of all actual costs associated with the Lowering and submit to the City for reimbursement, in a timely manner, invoices consistent with the industry of said charges. ARTICLE II REIMBURSEMENT City agrees to reimburse Operator for the actual cost incurred by the Operator for the Lowering, a fee not to exceed Two Hundred Seventy-Two Thousand Eight Hundred and 00/100 Dollars ($272,800.00) as shown on Exhibit “D”, attached hereto and incorporated herein by reference for all legal purposes, within thirty (30) days of the City’s receipt of an invoice by Operator for same. If City fails to timely pay the full amount set forth in the invoice within thirty (30) days after receipt thereof, then such amount will be considered delinquent, and shall bear interest at the Default Rate (defined below) from the thirty-first (31st) day after receipt of the invoice until payment in full. The “Default Rate” shall be equal to the lesser of (i) eight percent (8%) per annum, and (ii) the maximum non-usurious rate of interest allowed by applicable law. ARTICLE III GENERAL CONDITIONS The following general conditions shall apply: 3.1 Effective Date: This agreement shall be effective on the last date of execution of this Agreement. 3.2 Termination: This Agreement may be terminated by mutual agreement of the parties or by either party upon the failure of the defaulting party to fulfill an obligation as set forth herein if the default is not cured within thirty (30) days after written notice from the non- defaulting party. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of City and Operator under this Agreement, except all rights, duties, liabilities, and obligations accrued prior to such termination shall survive termination. 3.3 Entire Agreement: This Agreement embodies the complete agreement of the Parties hereto, superseding all oral or written, previous and contemporary agreements between the parties relating to matters in this Agreement, and except as otherwise provided herein, cannot be modified without written agreement of the parties. Any attachments, exhibits, schedules, and annexes attached to this Agreement are incorporated herein and shall be considered a part of this Agreement. In the event of conflicting provisions between this Agreement and the attachments, this Agreement shall be controlling. 3.4 Independent Contractor. In performing services under this Agreement, the relationship between City and Operator is that of an independent contractor, and City and Operator by the execution of this Agreement do not change the independent status of Operator. No term or provision of this Agreement or act of Operator in the performance of this Agreement shall be construed as making Operator, its employees or contractors, the agent, servant, or employee of City. This project is not a joint enterprise and no action by either party to this Agreement shall cause this project to be considered a joint enterprise. Page 2 of 6 3.5 Venue: The obligations of the parties to this Agreement are performable in Ector County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Ector County, Texas. 3.6 Legal Construction: In case any one or more of the provisions contained in this Agreement 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 Agreement shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. This Agreement constitutes the only Agreement of the parties hereto and supersedes any prior understanding or oral or written agreements between the parties regarding the subject of this Agreement. 3.7 Amendments/Modification to Agreement: This Agreement, and any exhibits, attachments, or addendum, may be amended or modified by a written instrument executed by all Parties. If there are any conflict between the Amendment and a previous version, the terms of the Amendment will prevail. 3.8 Assignment: This Agreement shall be binding upon the Parties hereto and their successors and assigns; and, it may not be assigned by any Party without the prior written consent of the other. 3.9 No Third-Party Rights: Nothing within this Agreement shall be deemed to waive, modify, or alter any legal or equitable defense available to any Party, or to create any legal or equitable right or claim on behalf of any third party. 3.10 Notices: All notices, communications, and reports required or permitted under this Agreement shall be personally delivered, delivered by electronic means, or mailed to the respective Parties by depositing same in the United States mail, postage prepaid, at the addresses shown below. Mailed notices shall be deemed communicated as of five days after mailing. If intended for City, to: City of Odessa Attn: Thomas G. Kerr, P.E. 411 W. 8th Street Odessa, Texas 79761 (432) 335-4634 tkerr@odessa-tx.gov If intended for Operator, to: HEP Fin-Tex/Trust River, L.P. Attn: Timothy Green 1000 South Service Road Tye, TX 79563 (214) 557-5370 Timothy.green@hollyenergy.com Page 3 of 6 3.11 Agreement for Goods or Services: This is an agreement for the provision of goods or services to the City under Section 271.151 et seq. of the Texas Local Government Code. 3.12 Force Majeure: Each Party shall use good faith, due diligence and reasonable care in the performance of its respective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to Force Majeure, to perform its obligations under this Agreement, then the obligations affected by the Force Majeure shall be temporarily suspended. Within fifteen (15) business days after the occurrence of a Force Majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties, including a detailed explanation of the Force Majeure and a description of the action that will be taken to remedy the Force Majeure and resume full performance at the earliest possible time. ARTICLE IV INSURANCE City and Operator, shall each carry, at its sole cost and expense the following minimum coverages and limits of liability for any occurrences or accidents that may arise out of or result from execution of the work or operations under this Agreement: a) Comprehensive General Liability – City and Operator shall maintain Comprehensive General Liability insurance in the minimum amount of $1,000,000.00; b) Comprehensive Automobile Liability – City and Operator shall maintain comprehensive automobile liability insurance covering all owned, hired, and otherwise operated non- owned vehicles with a minimum combined single limit of $1,000,000.00 (one-million) for bodily injury and property damage; c) Worker’s Compensation and Employer’s Liability – City and Operator shall maintain Worker’s Compensation, as required by the State of Texas, and Employer’s Liability in an amount not less than $500,000.00; In addition, City and Operator shall each cause Certificates of the above stated insurances to be sent to the other and require the giving of written notice to each of the other parties hereto of at least thirty (30) days prior to cancellation, non-renewal or material modification of any such insurance. Signature page to follow Page 4 of 6  EXECUTED by City, signing by and through its City Manager, duly authorized to execute same and by Operator, acting through its duly authorized officials. “City” City Of Odessa By: Michael Marrero, City Manager ATTEST: By: Norma Aguilar-Grimaldo, City Secretary APPROVED AS TO FORM: By: Natasha Brooks, City Attorney “Operator” HEP FIN-TEX/TRUST RIVER, L.P., a Delaware limited partnership By: HEP Pipeline GP, L.L.C., its General Partner By: ___________________________________ Printed Name: __________________________ Title: _________________________________ Page 5 of 6  (CITY) STATE OF TEXAS § COUNTY OF ECTOR § This instrument was acknowledged before me on the ______ day of __________________, 20___, by Michael Marrero, City Manager of the City of Odessa. Notary Public in and for the State of Texas (OPERATOR) STATE OF TEXAS § COUNTY OF __________ § This instrument was acknowledged before me on the ______ day of __________________, 20___, by __________________________, _____________________________ of HEP Pipeline GP, L.L.C., a Delaware limited liability company, General Partner of HEP Fin-Tex/Trust River, L.P., a Delaware limited partnership, on behalf of said limited partnership. Notary Public in and for the State of Texas Page 6 of 6 Exhibit "A" WEST ROW Exhibit "B" EAST ROW  Exhibit "C" SOW for Faudree Road Bore and replacement. The scope of work for this project is to replace 400’ of 10” pipe. B&B Welding will be the contractor completing this work. They will be responsible for the excavation of the existing pipeline and prep the location for a 250’ bore crossing Faudree Road. B&B will strip enough of the existing line to install the appropriate bends to get the recommended depth crossing Faudree road. A one call will be made and all utilities in the area will be marked and spotted prior to work beginning. Once the replacement is complete the new pipe will be tied in recoated backfilled and placed back into service. The existing line will be vacated and capped. Thanks Kellen Pacheco HEP Project Manager 575-748-5317 Kellen.pacheco@hollyenergy.com  Exhibit "D' Project Title: Faudree Road Re Bore Project Facility: Fintex Pipeline Document Date: Project Sponsor: Kellen Pacheco Estimate Item Labor Material Equipment Total Estimate B&B (Construction and labor $178,500.00 $178,500.00 Inspection $25,000.00 $25,000.00 Surveying and As‐Builts $10,000.00 $10,000.00 Nitrogen Purge $25,000.00 $25,000.00 Frac Tanks/Vaccum Trucks $9,500.00 $9,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub‐Totals $248,000.00 $0.00 $0.00 $248,000.00 Estimated Material & Equip Taxes (8.5%) $0.00 Project Contingency (10%) $24,800.00 Project Total (Rounded) $272,800.00