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HomeMy WebLinkAboutAgenda Packet City Council - 12/09/2014Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, December 9, 2014 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Charles "Chip" Blackshear, First Presbyterian Church. C. Pledge of Allegiance to the Flag of the United States to be led by Sandy De Leon, Executive Assistant - Mayor's Office. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations: 1. 14-001380 Proclamation declaring November 6, 2014 as, "Gulf Coast Marine, Inc. 60th Anniversary Day" Proclamation declaring November as, National Hospice Month -Altus Hospice F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Corpus Christi Page 1 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Other H. EXECUTIVE SESSION: (ITEMS 2 - 4) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. 2. 14-001326 Executive Session pursuant to Section 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues involving administrative orders from the U.S. Environmental Protection Agency and Texas Commission on Environmental Quality related to the City's wastewater treatment plants, sanitary sewer overflows, and the City's Sanitary Sewer Collection System, including employment of attorneys, expert witnesses, and consultants utilized or to be utilized with respect to the aforementioned orders and agencies, with possible action and discussion in open session. 3. 14-001333 Executive Session pursuant to Section 551.071 of the Texas Government Code and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning Honorable Melissa Madrigal vs. City of Corpus Christi, with possible action and discussion in open session. 4. 14-001336 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations and the Agreement between the City Corpus Christi Page 2 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 of Corpus Christi and the Corpus Christi Firefighters Association and term(s) thereof with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. I. MINUTES: 5. 14-001342 Regular Meeting of November 18, 2014 Attachments: Minutes - November 18, 2014 J. BOARD & COMMITTEE APPOINTMENTS: K. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. L. CONSENT AGENDA: (ITEMS 6 - 12) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 6. 14-001232 Approving the purchase of Cisco SmartNet maintenance (Requires 2/3 vote) Motion authorizing the City Manager or designee to approve the purchase of twelve months Cisco SmartNet maintenance from Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total expenditure of $116,895.78. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. Attachments: Agenda Memo - Cisco SmartNet Maintenance Quote 51729 7. 14-001217 Second Reading Ordinance - Closing a portion of a public right-of-way located east of Rodd Field Road and south of Yorktown Boulevard (1st Reading 11/18/14) (Requires 2/3 vote) Ordinance abandoning and vacating an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff & Encinal Corpus Christi Page 3 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Farm & Garden Tracts and requiring the owner, Related Investors, Ltd., to comply with specified conditions. Attachments: Agenda Memo - Abandon and vacate 40' ROW, Sec. 24, Lots 1-2, and Sec. 25, Ordinance - Abandon and vacate 40' ROW, Sec. 24, Lots 1-2, and Sec. 25, Lot: Aerial Map - Abandon and vacate 40' ROW, Sec. 24, Lots 1-2, and Sec. 25, Lob 8. 14-001218 Second Reading Ordinance - Closing a portion of a public right-of-way located south of Idle Hour (1st Reading 11/18/14) (Requires 2/3 vote) Ordinance abandoning and vacating an undeveloped and unsurfaced 67,120 -square foot portion (1.54 acres) of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, Yorktown Joint Venture, to comply with specified conditions. Attachments: Agenda Memo - Abandon and vacate 40' ROW, Sec. 24, Lots 2-4, and Sec. 25, Ordinance- Abandon and vacate 40' ROW, Sec. 24, Lots 2-4, and Sec. 25, Lots Aerial Map - Abandon and vacate 40' ROW, Sec. 24, Lots 2-4, and Sec. 25, Lob 9. 14-001219 Second Reading Ordinance - Rezoning from Commercial to Residential at 2645 Rodd Field Road. (1st Reading 11/18/14) (Requires 2/3 vote) Case No. 1014-01 Anthony Troy Shur and Janelle Marydee Shur: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property is described as Lot 35A, Block 2, Brandywine Subdivision, located on the west side of Rodd Field Road north of Premont Street. Planning Commission and Staff Recommendation (October 22, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Anthony Troy Shur and Janelle Marydee Shur ("Owners"), by changing the UDC Zoning Map in reference to Lot 35A, Block 2, Brandywine Subdivision, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 4 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - Anthony Troy Shur & Janelle Marydee Shur Ordinance - Anthony T. Shur and Janelle Marydee Shur Presentation - Anthony T. Shur and Janelle Marydee Shur CC Report - 1014-01 Anthony T Shur and Janelle Marydee Shur 10. 14-001251 Second Reading Ordinance - Amending the Wastewater Collection System Master Plan for Sandy Creek Subdivision (1st Reading 11/18/14) (Requires 2/3 vote) Ordinance amending the Wastewater Collection System Master Plan OSO Wastewater Reclamation Plant (W.R.P.) Service Area, Area 1, an element of the comprehensive Plan of the City of Corpus Christi, Texas, by realigning the proposed wastewater collection line to a location farther north and increasing the diameter of the line; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo - WW Collection Line Master Plan Amendment Ordinance - Masterplan Amendment Oso WWTP SErvice Area I Customer Letter w Exhibits A -C Location Map - Sandy Creek Subdivision Presentation - WW Colllection Line Master Plan Amend 11. 14-001215 Second Reading Ordinance - Abandoning and vacating a portion of a utility easement located north of Sedwick Road and west of Southern Minerals Road (1st Reading 11/18/14) (Requires 2/3 vote) Ordinance abandoning and vacating a portion of an existing 60 -foot wide utility easement out of a part of Lot 8, Blk. 1, Wildcat Industrial Park, located north of the Sedwick Road public street right-of-way, and west of the Southern Minerals Road public street right-of-way; and requiring the owner, Scott Humpal, to comply with the specified conditions. Attachments: Agenda Memo - Abandon and Vacate, Wildcat Industrial Park, Blk. 1, lot 8 Ordinance - Abandon and Vacate, Wildcat Industrial Park, Blk. 1, lot 8 12. 14-001214 Second Reading Ordinance - Amending Chapter 55-111 of the City Code of Ordinances regarding water service outside the City limits (1st Reaing 11/18/14) (Requires 2/3 vote) Ordinance to amend Chapter 55 of the City Code of Ordinances, regarding water contracts for customers located outside city limits but within the city's water service area. Attachments: Agenda Memo - OCL Water Contract Amendment Ordinance - OCL Water Contract Amendment Chapter 55-111 Corpus Christi Page 5 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 M. PUBLIC HEARINGS: (ITEMS 13 - 16) 13. 14-001315 Public Hearing and First Reading Ordinance - Rezoning for Residential and Neighborhood Commercial Uses at 10125 Up River Road. (Requires 2/3 vote) Case No. 1114-01 MVR Construction Company: A change of zoning from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 District on Tract 1; and from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 2. The property is described as Tract 1: Being 14.47 acres out of Tract 3, McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision Unit 2; and Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition, located along the east side of Deer Run Drive and south of Up River Road. Planning Commission and Staff Recommendation (November 5, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 District on Tract 1; and from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 2 Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by MVR Construction Company ("Owner"), by changing the UDC Zoning Map in reference to Tract 1: Being 14.47 acres out of Tract 3, McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision Unit 2 and Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition, from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 District on Tract 1; and from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - MVR Construction Company Ordinance - MVR Construction Company Presentation - MVR Construction Company Zoning Report - MVR Construction Company 14. 14-001316 Public Hearing and First Reading Ordinance - Rezoning from Farm -Rural to Residential Estate at 1728 Rand Morgan Road (Requires 2/3 vote) Corpus Christi Page 6 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Case No. 1114-04 Benjamin Bearden and Karri Davis: A change of zoning from the "FR" Farm -Rural District to "RE" Residential Estate District. The property is described as being a 1.62 -acre tract of land out of the original 58.07 -acre F.J. Picha Tract, located on the east side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Planning Commission and Staff Recommendation (November 5, 2014): Approval of the change of zoning from the "FR" Farm -Rural District to "RE" Residential Estate District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Benjamin Bearden and Karri Davis, ("Owners"), by changing the UDC Zoning Map in reference to a 1.62 -acre tract of land out of the original 58.07 -acre F.J. Picha Tract, from the "FR" Farm -Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Beniamin Bearden and Karri Davis Ordinance - Benjamin Bearden and Karri Davis Presentation - Benjamin Bearden and Karri Davis Zoning Report - Benjamin Bearden and Karri Davis 15. 14-001312 Public Hearing and First Reading Ordinance - Rezoning from Farm Rural to Single -Family at Rancho Vista Subdivision, South of Yorktown Boulevard, East of Rodd Field Road. (Requires 2/3 vote) Case No. 1114-03 Related Investors, Ltd.: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being 13.18 acres out of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Idle Hour Drive. Planning Commission and Staff Recommendation (November 5, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 13.18 -acre tract of land out of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and Corpus Christi Page 7 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 16. 14-001331 providing for a repealer clause and publication. Attachments: Agenda Memo - Related Investors, Ltd. Ordinance - Related Investors, Ltd. Presentation - Related Investors, Ltd. Zoning Report - Related Investors, Ltd. Public Hearing and First Reading Ordinance - Amending the Unified Development Code: Trust Fund Policy (Requires 2/3 vote) Ordinance amending the Unified Development Code (UDC) revising subsections 8.5.1.0 and 8.5.2.1 clarifying the transfer of monies from trust funds; providing for severance, publication, and effective date. Attachments: Agenda Memo - UDC Text Amendments, Trust Fund Transfers Ordinance - UDC Text Amendments, Trust Fund Transfers N. REGULAR AGENDA: (ITEM 17) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 17. 14-001262 Certification of 2014 Tax Levy (Requires 2/3 vote) Motion approving the 2014 Ad Valorem Tax Levy of $97,666,247.44 based on the adopted property tax rate of $0.585264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Attachments: Agenda Memo - Certification of 2014 Tax Levy.pdf 2014 Certification of Tax Levy.pdf O. FIRST READING ORDINANCES: (ITEMS 18 - 25, 27-31, 33 and 34) 18. 14-001334 First Reading Ordinance - Accepting and appropriating additional grant funding for Police Departments role in the High Intensity Drug Trafficking Area (HIDTA) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funding in the amount of $3,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA); and appropriating the $3,000 in the No. 1061 Police Grants Fund. Attachments: Agenda Memo - HIDTA add funds 12.09.2014 Ordinance - HIDTA additional grant 2014 - Police Award letter- HIDTA 12.9.2014 19. 14-001310 First Reading Ordinance - Accepting and Appropriating donation Corpus Christi Page 8 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 for Smoke Alarm Program (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to accept a donation from HEB Grocery Company LP in the amount of $10,000.00 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $10,000.00 from HEB Grocery Company LP into the Fire Grant Fund No 1062 Attachments: Agenda Memo - HEB Donation Ordinance - HEB Donation 20. 14-001311 First Reading Ordinance - Accepting and appropriating donation for training firefighter in ship board training (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to accept a grant for Koch Companies Public Sector, LLC 2014 Helping Heroes Grant Program in the amount of $10,000.00 to be used to train firefighters in ship board firefighting; and appropriating $10,000.00 from Koch Companies Public Sector, LLC into the Fire Grant Fund No. 1062. Attachments: Agenda Memo - Koch Donation Ordinance - Koch Donation 21. 14-001279 First Reading Ordinance - Accepting and appropriating State grant for Women, Infants, and Children (WIC) program (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $963,369.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the contract period of October 1, 2014 to September 30, 2015; and to ratify acceptance of the grant to begin as of October 1, 2014. Attachments: Agenda Memo - WIC FY15.pdf Ordinance - WIC FY15.pdf Contract - WIC FY14-15.pdf 22. 14-001281 First Reading Ordinance - Accepting and appropriating State grant for Health Education (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee to execute all documents necessary to accept and appropriate a grant in the amount of $50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds for evidence -based community systems and environmental change strategies that address one or more Texas Healthy Communities priority indicators for the contract period of October 1, 2014, through September 30, 2015; and to ratify acceptance of the grant to begin Corpus Christi Page 9 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 as of October 1, 2014. Attachments: Agenda Memo - Texas Healthy Communities grant FY15.pdf Ordinance - 14-15 Texas Health Communities..pdf Statement of Work - Corpus Christi SOW.pdf Budget - Corpus Christi .pdf General Provisions - FY2015 GPs Subrecipientf11.pdf Contract - Corpus Christi Signature Page.pdf 23. 14-001321 First Reading Ordinance - Approving grant award and appropriation of funds for the Texas Medicaid Managed Care Initiative 1115 Waiver - Obesity Project (Requires 2/3 vote) Ordinance authorizing the advance of up to $885,000 from the No.1020 General Fund to the Texas Health and Human Services Commission (TX HHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi -Nueces County Public Health District's (CCNCPHD) 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for the City's local match; Additionally,authorizing the City Manager, or his designee,to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $885,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1,2014 through September 30,2015; and to ratify acceptance of the award fund to begin as of October 1,2014. Attachments: Agenda Memo - 1115 Waiver FY15.pdf Ordinance - FY2014-15 (1115 Waiver) Final.pdf COF - 1115 Waiver Contract FY15.pdf 24. 14-001187 First Reading Ordinance - Approving a fifteen (15) year lease for the ILA (International Longshoreman's Association) building (Requires 28 day delay) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a fifteen -year lease agreement with the Texas State Museum of Asian Cultures for use of the ILA (International Longshoreman's Association) Building; and providing for publication. Attachments: Agenda Memo - Museum Asian Cultures 2014 15 yr Ordinance - Museum of Asian Cultures Lease - 2014 Lease - Museum Asian Cultures 2014 - Parks (amended) 25. 14-001307 First Reading Ordinance - Accepting and appropriating State reimbursement grant funds for Title XX Meals on Wheels program (Requires 2/3 vote) Corpus Christi Page 10 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services, Title XX Meals on Wheels Program. Attachments: Agenda Memo - FY 15 Title XX Grant Appropriation Ordinance - 2015 Title XX Contract Attachment - 2015 Title XX Contract 26. 14-00080 First Reading Ordinance - Authorizing the issuance of Marina revenue bonds to fund the replacement of the "R" pier (Requires 2/3 vote) Ordinance authorizing the issuance of City of Corpus Christi, Texas Marina System Revenue Bonds, Taxable Series 2014 in an aggregate principal amount not to exceed $2,600,000; providing for the payment of the principal of and interest on the bonds by a first and prior lien on and pledge of the net revenues of the City's Marina System; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; providing the terms and conditions of such bonds and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery thereof; authorizing the execution of a paying agent/registrar agreement, an escrow agreement, and a purchase and investment letter; and providing an effective date. Attachments: Agenda Memo for Authorization for Marina Bonds Dec 9, 2014 1.pdf Marina Ordinance.pdf 27. 14-001304 First Reading Ordinance - Design -Build Agreement for Pier R Replacement at the Marina (Requires 2/3 vote) Ordinance appropriating $502,496 from a Texas Parks and Wildlife Department Grant for transient boat slips and $162,770 from a separate Texas Parks and Wildlife Department Grant for a wastewater pump out station in the No. 1058 Marina Grant Fund; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $665,266 each; and authorizing the City Manager, or designee, to execute a Design/Build agreement with Jacob White Construction Company of Friendswood, Texas in the amount of $3,208,065.32 for the Marina Pier R Replacement project for the total base bid only. Corpus Christi Page 11 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - Pier R Replacement.pdf Location Map - Pier R Replacement.pdf Ordinance - appropriate grants Prosect Budget - Pier R Replacement.pdf Award Letter No. 1.pdf Contract - Pier R Replacement Full Document PowerPoint - Pier R Replacement 28. 14-001328 First Reading Ordinance - Granting two revocable Easements to Eagle Ford Pipeline, LLC for constructing two pipelines across tthe northern edge of the City's park (Requires 2/3 vote) Ordinance granting two Revocable Easements to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines across the north edge of a City park known as Hudson Park located south of Leopard Street and west of Main Drive; for the amount of $38,412 as compensation to the City; authorizing the City Manager or designee to execute the two Revocable Easement instruments and other related documents for the conveyance of the revocable easements. Attachments: Agenda Memo - Eagle Ford Easement Ordinance - Eagle Ford Easement City Council Exhibit.pdf Revocable Easement. 19069. 2014.pdf Revocable Easement. 51994. 2012.pdf 29. 14-001305 First Reading Ordinance - Amending a Revocable Easement to allow an additional pipeline in easement (Requires 2/3 vote) Ordinance amending the Revocable Easement conveyed to TexStar Midstream Utility, LP under Ordinance No. 029956 approved by City Council on September 17, 2013, to allow an additional six (6) inch pipeline in the existing easement area that crosses two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; providing for compensation in the amount of $26,250 paid to the City; authorizing the City Manager or designee to execute the amended Revocable Easement instrument and other related documents for the conveyance of the amended easement. Attachments: Agenda Memo - Easement Ordinance - Easement Revocable Easement. Amd No. 1. Tract 91.pdf Revocable Easement. Amd. No. 1. Tract 92.pdf Council Exhibit.pdf 30. 14-001278 First Reading Ordinance - Engineering construction contract for Corpus Christi Page 12 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Citywide Signage Upgrade (Requires 2/3 vote) Ordinance appropriating $189,229.31 of anticipated revenues from the Texas Department of Transportation in the No. 1041 Street Fund; amending FY 2014-2015 Operational Budget adopted by Ordinance No. 030294 to increase revenues and expenditures by $189,229.31 each; and authorizing the City Manager, or designee, to execute a construction contract with ACM HUB, LLC of San Antonio, Texas in the amount of $236,536.64 for the Citywide Signage Upgrade (Street Preventative Maintenance Program Project) for the total base bid. Attachments: Agenda Memo - Citywide Signage Upgrade.pdf Prosect Budget - Citywide Signage Upgrade.pdf Ordinance - Citywide Signage Upgrade.pdf Location Map - Citywide Signage Upgrade.pdf Presentation - Citywide Signage Upgrade.pdf 31. 14-001329 First Reading Ordinance - Engineering construction contract for Citywide Street Overlay (Requires 2/3 vote) Ordinance appropriating $814,471.04 of anticipated revenues from the Texas Department of Transportation in the No. 1041 Street Fund; amending FY 2014-2015 Operational Budget adopted by Ordinance No. 030294 to increase revenues and expenditures by $814,471.04 each; and authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson Construction, LTD of Corpus Christi, Texas in the amount of $1,018,088.80 for the Citywide Street Overlay (Street Preventative Maintenance Program) project for the total base bid. Attachments: Agenda Memo - Street Overlay Ordinance - Street Overlay Project Budget - Street Overlay Location Map Citywide Street Overlay Presentation - Citywide Street Overlay 32. 14-001337 First Reading Ordinance - Contribution Agreement with TxDOT for US 181 Harbor Bridge Replacement Project (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a Contribution Agreement with the Texas Department of Transportation for the U.S. 181 Harbor Bridge Replacement Project to establish terms for the dedication and conveyance of City property at T. C. Ayers Park, a portion of Oveal Williams Senior Center parking lot, and other rights-of-way, and to provide certain terms regarding utility relocations and adjustments. Corpus Christi Page 13 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - Harbor Bridge Agreement w TxDOT Contribution Agreement - US 181 Harbor Bridge Presentation - Harbor Bridge Update Ordinance TXDOT Contribution Agreement 33. 14-001303 First Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities (Requires 2/3 vote) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda Memo Exec Summary Form - ACTION ITEM - TMRS Ordinance - TMRS 2014 34. 14-001308 First Reading Ordinance - Appropriating funds for the Infor Enterprise Resource Planning (ERP) implementation (Requires 2/3 vote) Ordinance appropriating $1,205,587 from the Unreserved Fund Balance in the Utility Funds and $1,077,424 in the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2014-2015 Budget adopted by Ordinance No. 030294 to increase appropriations by $2,283,011. Attachments: Agenda Memo - Infor ERP Funding for FY1415 Ordinance - Infor ERP for FY2014-2015 Funding P. FUTURE AGENDA ITEMS: (ITEMS 35 - 59) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 35. 14-00079 Authorizing the appointment of a financial advisor for the issuance of Marina revenue bonds to fund the replacement of the "R" pier (Requires 2/3 vote) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Marina System Revenue Bonds, Taxable Series 2014 in an aggregate principal amount not to exceed $2,600,000. Attachments: Agenda Memo - Marina Bonds Financial Advisor December 9, 2014.pdf Exhibit A - Financial Advisor Fee Schedule.pdf Corpus Christi Page 14 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 36. 14-001195 Approving a supply agreement for white PVC pipe (Requires 2/3 vote) Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for white PVC pipe in accordance with Bid Invitation No. BI -0259-14 based on lowest responsible bid for an estimated annual expenditure of $51,360.00, of which $42,800.00 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Attachments: Agenda Memo - White PVC Pipe.pdf Bid Tabulation - White PVC Pipe.i df COF - White PVC Pipe.pdf 37. 14-001196 Approving a supply agreement for blue PVC pipe (Requires 2/3 vote) Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for blue PVC pipe in accordance with Bid Invitation No. BI -0260-14 based on lowest responsible bid for an estimated annual expenditure of $55,412.00, of which $46,176.66 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Attachments: Agenda Memo - Blue PVC Pipe.pdf Bid Tabulation - Blue PVC Pipe.i df COF - Blue PVC Pipe.pdf 38. 14-001197 Approving a supply agreement for manhole covers (Requires 2/3 vote) Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for manhole covers in accordance with Bid Invitation No. BI -0264-14 based on lowest responsible bid for an estimated annual expenditure of $70,415.50, of which $58,679.58 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Corpus Christi Page 15 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - Manhole Covers.pdf Bid Tabulation - Manhole Covers.pdf COF - Manhole Covers.pdf 39. 14-001198 Approving a supply agreement for meter boxes and lids (Requires 2/3 vote) Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter boxes and lids in accordance with Bid Invitation No. BI -0271-14 based on lowest responsible bid for an estimated annual expenditure of $87,913.00, of which $73,260.83 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Attachments: Agenda Memo - Meter Boxes & Lids.pdf Bid Tabulation - Meter Boxes & Lids.pdf COF - Meter Boxes & Lids.pdf 40. 14-001199 Approving a supply agreement for brass service fittings (Requires 2/3 vote) Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for brass service fittings in accordance with Bid Invitation No. BI -0272-14 based on lowest responsible bid for an estimated annual expenditure of $200,860.00, of which $167,383.33 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Attachments: Agenda Memo - Brass Service Fittinns.pdf Bid Tabulation - Brass Service Fittinns.pdf 41. 14-00926 Approving a supply agreement for liquid chlorine for use at O.N. Stevens Water Treatment Plant (Requires 2/3 vote) Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas for liquid chlorine in accordance with Bid Invitation No. BI -0215-14 based on lowest responsible bid for an estimated semi-annual expenditure of $120,744.00. The term of the agreement shall be for six (6) months with options to extend for up to nine (9) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2014-2015. Corpus Christi Page 16 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - Liquid Chlorine.pdf Bid Tabulation - Liquid Chlorine.pdf 42. 14-001252 Purchase of four (4) Pickup Trucks (Requires 2/3 vote) Motion approving the purchase of four (4) 2015 Ford F150 Supercrew pickup trucks from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $127,776.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2014-2015. Attachments: Agenda Memo - Purchase of Pickup Trucks Price Sheet - Purchase of Pickup Trucks 43. 14-001269 Lease purchase of Curbside Refuse and Recycle Containers (Requires 2/3 vote) Motion approving the lease purchase of 8,112 96 -gallon curbside refuse containers and 1,870 96 -gallon curbside recycle containers from Toter Incorporated, Statesville, NC for the total amount of $548,223.96. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. Attachments: Agenda Memo - Curbside Refuse and Recycle Containers Price Sheet - Curbside Refuse and Recycle Containers 44. 14-001343 Approving the third amendment to the Municipal Lease Line of Credit Agreement with Frost Bank (Requires 2/3 vote) Motion authorizing the City Manager or designee to execute a third amendment to the existing Municipal Lease Line of Credit Agreement between the City of Corpus Christi and Frost Bank for an estimated annual expenditure of $496,704.13 and authorizing the City Manager or designee to execute future amendments necessary to adjust the annual amount financed as agreed to by the parties. Attachments: Agenda Memo - Third Amendment to the Municipal Lease Line of Credit Agreen Bid Tabulation - Third Amendment to the Municipal Lease Line of Credit Agreen Third Amendment - to the Municipal Lease Line of Credit Agreement with Frost I Master Lease Purchase Agreement - Amendment 12 45. 14-001330 Authorizing grant application submission for Speed and Driving While Intoxicated (DWI) overtime enforcement (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the Corpus Christi Page 17 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 amount of $98,081.50 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $41,247.45, for a total project cost of $139,328.95, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. Attachments: Agenda Memo - STEP application 12.09.2014 Resolution - STEP Grant Submit 2015 - Police 46. 14-001284 Approving a professional monitoring contract for Packery Channel Monitoring 2014-2015 (Requires 2/3 vote) Motion authorizing the City Manager, or his designee, to execute a Amendment No.10 to the contract between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $277,084 for a restated fee not to exceed $2,174,867 for Packery Channel Monitoring Fiscal Year 2014-2015. Attachments: Agenda Memo - Packery Channel Monitoring 14-15.pdf Project Budget - Packery Channel Monitoring 14-15.pdf Location Map Packery Channel Monitoring 14-15.pdf Presentation - Packery Channel Monitoring 14-15.pdf 47. 14-001301 Approving a Professional Services Contract for engineering review of City Public Works Projects (Requires 2/3 vote) Motion authorizing the City Manager, or his designee, to execute a Professional Services contract between the City of Corpus Christi and Linda Webster Gurley, P.E. in the amount of $88,000 for the professional engineering review of plans, drawings and specifications of City Public Works Projects on behalf of the City Capital Programs Department. Attachments: Agenda Memo - LWG December 2014.pdf Project Budget - LWG 2014.pdf Presentation - LWG December 2014.pdf Contract - LWG 2014.pdf 48. 14-001210 Engineering suppport services contract for the wastewater collection and treatment system's performance and compliance requirements (Requires 2/3 vote) Motion authorizing the City Manager or designee to execute an engineering support services contract with Pipeline Analysis, LLC of Garland, Texas in the amount of $1,200,000 for services to support the wastewater collection and treatment system's performance and compliance requirements. Corpus Christi Page 18 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - WVV Staff Program Support Prosect Budget - WW Staff Program Support Location Map - WW Staff Program Support Contract - WW Staff Program Support Presentation - WW Staff Program Support 49. 14-001036 Engineering design contract for Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Requires 2/3 vote) Motion authorizing the City Manager or designee to execute an engineering design conctract with Urban Engineering of Corpus Christi, Texas in the amount of $244,020 for the Allison Wastewater Treatment Plant Lift Station and Plant Improvements for design, bid, and construction administration phase services. Attachments: Agenda Memo - Allison WWTP Prosect Budget - Allison WWTP Location Map - Allision WWTP Contract - Allison WWTP Presentation - Allison WWTP 50. 14-001322 Engineering design contract amendment no. 1 for SH286 water lines and valves adjustments (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with RVE, Inc. of Corpus Christi, Texas in the amount of $10,015.00 for a restated fee of $59,875.00 for the Indefinite Delivery/Indefinite Quantity (ID/IQ) TXDOT Participation Projects - Task Order No. 4 - SH286 Water Lines and Valves Adjustments. Attachments: Agenda Memo - TxDOT Task 4 Prosect Budget - TxDOT Task 4 Contract - TxDOT Task 4 Location Map - TxDot Task 4 Presentation - TxDOT Task 4 51. 14-001108 Construction contract for Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal (Requires 2/3 vote) Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $1,024,000 for the Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal Re -bid for the Base Bid. Corpus Christi Page 19 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - Old Broadway VWVfP Prosect Budget - Old Broadway WVVfP Location Map - Old Broadway VWVfP Presentation - Old Broadway VWVfP 52. 14-001271 Approving an amendment and extension to the agreement with Valero Refining - Texas, L.P. for recycled water (Requires 2/3 vote) Motion authorizing the City manager or designee to execute an Amendment and Extension to the Agreement for Exclusive Reservation of Recycled water with Valero Refining -- Texas L.P. (Valero) for 4 million gallons per day (MGD). Attachments: Agenda Memo - Valero Agreement Amendment and Extension - to the Valero agmt Exclusive Reservation - Valero agmt Extension agreement - Valero three months 53. 14-001319 Approving the purchase of Laserfiche Rio software maintenance and support (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to approve the purchase of twelve months Laserfiche Rio software maintenance and support from MCCI, LLC of Tallahassee, Florida, DIR-SDD-2502, for a total expenditure of $74,666.00 for Fiscal Year 2014-2015, with option to purchase continued Laserfiche Rio software maintenance and support from MCCI, LLC annually upon payment of annual fees, subject to appropriation of funds. Funds are available in the Municipal Information systems Department FY2014-2015 budget and will be requested in future budget years. Attachments: Agenda Memo - Laserfiche Maintenance Quote - Corpus ChristiTXLSAP RenewalRiokg 54. 14-001345 Approving the purchase of Tropos Annual Maintenance for Wireless Network (Requires 2/3 vote) Motion authorizing the City Manager or designee to approve the purchase of twelve months Tropos maintenance from ABB Tropos Networks Inc. of Sunnyvale, California, manufacturers of the Tropos radios in use for the wireless network in Corpus Christi, for a total expenditure of $110,000.00. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. Attachments: Agenda Memo - Tropos Maintenance Agreement - Tropos Standard Software Support Quote - Tropos Annual Maintenance 2014 55. 14-001348 Approving the purchase of Tropos professional services (Requires Corpus Christi Page 20 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 2/3 vote) Motion authorizing the City Manager or designee to approve the purchase of professional services from ABB Tropos Networks Inc. of Sunnyvale, California, manufacturers of the Tropos wireless network installed in Corpus Christi, for a total expenditure of $94,500.00. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. Attachments: Agenda Memo - Tropos Professional Services Exhibit 1 - for Professional Services - HR-CCTX111914PS Exhibit 2 - for Professional Services - Sole Source 111814 Statement of Work - CCTexas SOW 112514v1 56. 14-001309 Type A Grant for Del Mar College's Procurement Technical Assistance Center (PTAC) for 2015 (Requires 2/3 vote) Resolution Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center (PTAC) to provide grant up to $37,500 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the PTAC Small Business Incentives Agreement. Attachments: Agenda Memo - PTAC Resolution - PTAC Type A Agreement - PTAC Support Agreement - PTAC 57. 14-001323 Resolution amending City Council Policy No. 9 Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding housing to include "affordable" housing in the opening paragraph and section d., and by changing the department name in section g.; and reaffirming the objectives and guidelines of the policy. Attachments: Agenda Memo - City Council Policy No. 9 Resolution Amendment Resolution - amending Council Policy No 9 58. 14-001335 Approving an Affordable Housing Agreement between the City of Corpus Christi and the Corpus Christi Business & Job Development Corporation (Requires 2/3 vote) Motion to approve the agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the Type A Affordable Housing Program Services. Corpus Christi Page 21 Printed on 12/11/2014 City Council Meeting Agenda - Final December 9, 2014 Attachments: Agenda Memo - City and Type A Agreement Agreement 2014-2015 with HCD for Affordable Housing Exhibit A - Type A Program Guidelines 7 7 2014 Existing Inventory and New Co Certification of Funds - Affordable Housing 59. 14-001358 Resolution in support of the proposed revitalization of the Corpus Christi Housing Authority - La Armada II Public Housing Complex (Requires 2/3 vote) Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed revitalization of the La Armada II Public Housing Complex. Attachments: Agenda Memo - CCHA Resolution Resolution Presentation - La Armada II Revitalization Q. BRIEFINGS TO CITY COUNCIL: (ITEM 60) The following items are for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 60. 14-001317 Solid Waste Operations - Brush Cycle Collection Change Attachments: Agenda Memo - Brush Cycle Collection Changes Presentation - Brush Cycle Collection Change R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 22 Printed on 12/11/2014 Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 18, 2014 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Alyssa Michelle Barrera, Business Liaison. Business Liaison Alyssa Michelle Barrera led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and stated that a quorum of the Council and the required Charter Officers were present to conduct the meeting. City Secretary Huerta announced that Council Member Garza would be absent from today's meeting and Council Member Leal has been granted a leave of absence. Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 6 - Mayor Nelda Martinez,Council Member Kelley AIIen,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas, and Council Member Mark Scott Absent: 3 - Council Member Rudy Garza,Council Member Priscilla Leal, and Council Member David Loeb E. Proclamations / Commendations 1. Proclamation declaring November 18, 2014 as, "Tennis Success Day" Proclamation declaring November 15-23, 2014 as, "National Homeless and Hunger Awareness Week" Mayor Martinez presented the proclamations. Mayor Martinez announced that Council Member Loeb was ill and would not be at today's meeting. Corpus Christi Page 1 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Other Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Olson announced that applications are being accepted for "Operation Heat Help" to provide assistance to cover the cost of natural gas. Applications are available at the Nueces County Department of Human Services from December 1, 2014 through March 31, 2015. G. ELECTION ORDINANCES: (ITEMS 2 - 3) 2. Ordinance - Canvassing of returns: November 4, 2014 General and Special Elections Ordinance canvassing returns and declaring the results of the General Election held on November 4, 2014, in the City of Corpus Christi for the purpose of electing the Mayor and eight Council members; and of a Special Election on that same date for the adoption of two (2) propositions authorizing bond issuances supported by ad valorem taxes and one (1) proposition concerning the sale of City park land; making appropriate findings; and declaring an emergency. Mayor Martinez referred to Item 2 and stated that the purpose of this item is to canvass the returns of the November 4, 2014 General and Special Elections. The council canvassed the results for the election of the mayor and eight council members, the two (2) bond propositions, and the one (1) proposition for the sale of city park land and declared the results official. There were no comments from the public. Council Member Magill made a motion to amend Section 5, page 5, by changing the issuance of bonds from $50,000,000 to $55,000,000 for Proposition 1, seconded by Council Member McIntyre and passed. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030328 3. Ordinance - Ordering of December 16 Runoff Election for Districts One and Two Ordinance ordering a runoff election to be held on December 16, 2014 in the City of Corpus Christi for the election of Council Member Districts One and Two; designating polling place locations, enacting provisions incident and relating to the subject and purpose of this Corpus Christi Page 2 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 J. MINUTES: 5. ordinance; and declaring an emergency. Mayor Martinez referred to Item 3. City Secretary Rebecca Huerta stated that the purpose of this item is to order a runoff election for City Council Districts One and Two. The runoff election is schedule for December 16, 2014 and early voting is scheduled from December 1, 2014 through December 5, 2014 and December 8, 2014 through December 12, 2014. There were no comments from the Council or the public. This Ordinance was passed on emergency and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030329 Regular Meeting of November 11, 2014 Mayor Martinez deviated from the agenda and referred to approval of the minutes. Council Member Magill made a motion to approve the minutes, seconded by Council Member McIntyre and passed unanimously. K. BOARD & COMMITTEE APPOINTMENTS: L. EXPLANATION OF COUNCIL ACTION: M. CONSENT AGENDA: (ITEMS 6 - 23) Approval of the Consent Agenda 6. Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. The consent agenda items were approved by one vote as follows: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Approving a maintenance agreement with Intrado for hardware and software support for the Emergency 911 Call Taker System (Requires 2/3 vote) Motion authorizing the City Manager or his designee to execute a maintenance agreement with Intrado in the amount of $336,644, of which $50,496.60 is required for the remainder of FY 2014-2015 for Corpus Christi Page 3 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 7. software and hardware support services on the Emergency 911 System. The term of the contract is five years. This Motion was passed on the Consent Agenda. Enactment No: M2014-149 Approving an engineering construction contract for Master Channel 31 drainage excavation to provide drainage relief for Oso Bay Basin (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute a construction contract in the amount of $883,128.79 with DRC Emergency Services, LLC for the Master Channel 31 Drainage Channel Excavation Project. This Resolution was passed on the Consent Agenda. Enactment No: 030330 8. Approving a project cooperation agreement for the McGee Beach Nourishment project (Requires 2/3 vote) Motion authorizing the City Manager or designee to execute a Project Cooperative Agreement with the Texas General Land Office in the amount of $264,000 for the McGee Beach Nourishment project for design, data collection, permitting, engineering and construction oversight. This Motion was passed on the Consent Agenda. Enactment No: M2014-150 9. Ratifying and amending Anti -litter Campaign Contract (Requires 2/3 vote) Motion ratifying expenditures of $106,017.15 incurred through the advertising firm of Bucket Works, and authorizing the City Manager to execute an addendum to the Bucket Works contract for additional expenditures not to exceed $20,000 to complete the ongoing anti -litter campaign. This Motion was passed on the Consent Agenda. Enactment No: M2014-151 10. Nominating voestalpine Texas LLC as a Double Jumbo Texas Enterprise Zone Project (Requires 2/3 vote) Resolution nominating voestalpine Texas, LLC ("voestalpine") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a Double Jumbo Corpus Christi Page 4 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Enterprise Project pursuant to the Texas Enterprise Zone Act ("Act"). This Resolution was passed on the Consent Agenda. Enactment No: 030331 11. Nominating Flint Hills Resources. LP as a Double Jumbo Texas Enterprise Zone Project (Requires 2/3 vote) Resolution nominating Flint Hills Resources Corpus Christi, LLC ("Flint Hills") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as a Double Jumbo Enterprise Project pursuant to the Texas Enterprise Zone Act ("Act"). This Resolution was passed on the Consent Agenda. Enactment No: 030332 12. Approving a Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 for Fiscal Year 2015 (Requires 2/3 vote) Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide grant up to $50,000 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the SCORE Chapter 221 Small Business Incentives Agreement. This Resolution was passed on the Consent Agenda. Enactment No: 030333 13. Approving a Type A Grant extension for Del Mar College Internship Program (Requires 2/3 vote) Resolution approving extension of a Small Business Incentives Agreement between the Corpus Christi Business And Job Development Corporation and Del Mar College ("Del Mar") for one year until September 30, 2015, and to provide a grant amount of up to $173,223 for an intern program for small businesses. This Resolution was passed on the Consent Agenda. Enactment No: 030334 14. Approving Type A Grant Extension for Texas A&M University - Corpus Christi Internship Program (Requires 2/3 vote) Resolution approving extension of a Small Business Incentives Corpus Christi Page 5 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 15. 16. Agreement between the Corpus Christi Business And Job Development Corporation and Texas A&M University - Corpus Christi ("TAMUCC") for one year until September 30, 2015, and to provide a grant amount of up to $190,635 for an intern program for small businesses. This Resolution was passed on the Consent Agenda. Enactment No: 030335 Second Reading Ordinance - Rezoning from "RS -5" Single -Family to "RS -4.5" Single -Family at 8001 Holly Road (1st Reading 11/11/14) (Requires 2/3 vote) Case No. 0914-02 The George B. Gaines, Jr. Family Limited Partnership, Ltd.: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being a 28.461 -acre tract of land out of Lots 1 and 2, Section 32, Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of Holly Road west of Paul Jones Avenue. Planning Commission and Staff Recommendation (September 24, 2014): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by The George B. Gaines, Jr. Family Limited Partnership, Ltd. ("Owners"), by changing the UDC Zoning Map in reference to a 28.461 -acre tract of land out of Lots 1 and 2, Section 32, Flour Bluff and Encinal Farm and Garden Tracts; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030336 Second Reading Ordinance - Rezoning from Neighborhood Commercial to General Commercial at 6197 Dunbarton Oak Drive (1st Reading 1/11/14) (Requires 2/3 vote) Case No. 0914-01 Patrick H. Nolan and Amy L. Nolan: A change of zoning from the "CN -1" Neighborhood Commercial District to "CG -2" General Commercial District, not resulting in a change to the Future Land Use Plan. The property is described as being a 1.34 acre portion of Lot 1, Block 3, Cimarron Center, located on the southwest corner of Dunbarton Oak Drive and Cimarron Boulevard. Corpus Christi Page 6 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 17. 18. Planning Commission and Staff Recommendation (September 24, 2014): Denial of the "CG -2" General Commercial District and, in lieu thereof, approval of a Special Permit subject to a site plan and conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Patrick H. Nolan and Amy L. Nolan ("Owners"), by changing the UDC Zoning Map in reference to a 1.34 acre portion of Lot 1, Block 3, Cimarron Center, from the "CN -1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030337 Second Reading Ordinance - Closing a portion of Bockholt Road between the Old State Highway 44 and the New State Highway 44 rights-of-way (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance abandoning and vacating an undeveloped and unsurfaced 21,690 square -foot portion of the Bockholt Road public street right-of-way, out of GC&SF RR CO Survey, Abstract No. 1005, Nueces County, Texas, being a portion of those certain tracts of land described as Tract Two and Tract Three, located between the Old State Highway 44 right-of-way and the New State Highway 44 right-of-way; and requiring the owner, George Picha, to comply with the specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030338 Second Reading Ordinance - Accepting and appropriating the Violence Against Women (VAWA) grant within the Police Department for Year 15 (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $44,356.71 for Year 15 of the Violence Against Women (VAWA) Program within the Police Department with a City match of $20,280.21 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $44,356.71 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $20,280.21 Corpus Christi Page 7 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 19. from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $70,156.92. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030339 Second Reading Ordinance - Accepting and appropriating the Victims of Crime Act (VOCA) Outreach Program grant within the Police Department for Year 2 (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $68,163.15 for Year 2 of the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $13,840.79 and an in-kind match of $3,200.00 from the No. 1020 Police General Fund; Appropriating the $68,163.15 in the No. 1061 Police Grants Fund for the VOCA Outreach grant in the Police Department; and authorizing the transfer of $13,840.79 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $85,203.94. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030340 20. Second Reading Ordinance - Accepting and appropriating the Victims of Crime Act (VOCA) grant within the Police Department for Year 15 (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $77,084.05 to continue the Victims of Crime Act (VOCA) Grant within the Police Department for Year 15 with a City match of $20,271.01 and an in-kind match of $4,000 from the No. 1020 Police General Fund; appropriating the $77,084.05 in the No. 1061 Police Grants Fund to continue the VOCA grant in the Police Department; and authorizing the transfer of $20,271.01 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same as grant matching funds for a total project cost of $101,355.06. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030341 21. Second Reading Ordinance - Accepting and appropriating the Sea and Aquatic Life Activities grant (1st Reading 11/11/14) (Requires 2/3 vote) Corpus Christi Page 8 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Ordinance authorizing the City manager or designee to execute all documents necessary to accept and appropriate a grant of $22,500 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2014, through August 31, 2015; and to ratify acceptance of the grant to begin as of September 1, 2014. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030342 22. Second Reading Ordinance - Authorizing a lease agreement for use of the McCampbell House at Heritage Park (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a one-year lease agreement with the Corpus Christi Chamber of Commerce for use of the McCampbell House at Heritage Park with rent of $1,500 per month. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030343 23. Second Reading Ordinance - Approving contract and appropriating funds for Community Youth Development Program (CYD) (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a contract with the Texas Department of Family and Protective Services for funding for September 1, 2014 through February 28, 2015 in the total amount of $193,384.84; authorizing appropriation in the Grants Fund No. 1060 for Community Youth Development program contracts for the 78415 Zip Code area; to include the extension of the subcontracts as follows: $26,100.46 to The Boys and Girls Club, $40,275.46 to Communities In Schools of the Coastal Bend, $52,849.80 to SERCO of Texas and $ 17,496.71 to Youth Odyssey for subcontract period September 1, 2014 through February 28, 2015. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030344 N. PUBLIC HEARINGS: (ITEMS 24 - 27) 24. Public Hearing and First Reading Ordinance - Closing a portion of a public right-of-way located east of Rodd Field Road and south of Yorktown Boulevard (Requires 2/3 vote) Corpus Christi Page 9 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Ordinance abandoning and vacating an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, Related Investors, Ltd., to comply with specified conditions. Mayor Martinez referred to Item 4. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a portion of a 40 -foot wide public right-of-way in conjunction with the future development of some Rancho Vista Subdivision Units. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Scott and passed. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Scott and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: Absent: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 25. Public Hearing and First Reading Ordinance - Closing a portion of a public right-of-way located south of Idle Hour (Requires 2/3 vote) Ordinance abandoning and vacating an undeveloped and unsurfaced 67,120 -square foot portion (1.54 acres) of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, Yorktown Joint Venture, to comply with specified conditions. Mayor Martinez referred to Item 25. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a portion of a 40 -foot wide public right-of-way in conjunction with the development of the Ranch Vista Subdivision. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Allen and passed. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Allen and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Absent: 3 - Abstained: 0 Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Council Member Garza, Council Member Leal and Council Member Loeb 26. Public Hearing and First Reading Ordinance - Rezoning from Commercial to Residential at 2645 Rodd Field Road. (Requires 2/3 vote) Corpus Christi Page 10 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Case No. 1014-01 Anthony Troy Shur and Janelle Marydee Shur: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property is described as Lot 35A, Block 2, Brandywine Subdivision, located on the west side of Rodd Field Road north of Premont Street. Planning Commission and Staff Recommendation (October 22, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Anthony Troy Shur and Janelle Marydee Shur ("Owners"), by changing the UDC Zoning Map in reference to Lot 35A, Block 2, Brandywine Subdivision, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 26. Interim Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to rezone the subject property to allow the applicant to build a single-family home behind their existing business. Mr. Dimas stated that the Planning Commission and staff were in favor of the zoning change. Council Member Magill made a motion to open the public hearing, seconded by Council Member Allen. Mayor Martinez called for comments from the public. Bob Pfeiffer, resident of FoxFire Condominiums and speaking on behalf of their Board of Directors, spoke in opposition to the zoning change and asked for clarification on whether the parcel meets the "RS -6" zoning requirements; whether the zoning is consistant with the City's Comprehensive Plan and Unified Development Code; and whether the business has been inspected by Code Enforcement to determine if there are any violations to the zoning ordinances before the zoning request is considered. Mr. Dimas addressed the questions and stated that the subject property meets the zoning requirements; the zoning is not consistant with the future land use, but it does creates a buffer between the commercial lot and anything behind it; and the rezoning does meet the requirements of the Unified Development Code. Council Member McIntyre requested a copy of the location map and notification area prior to second reading. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 27. Public Hearing and First Reading Ordinance - Amending the Corpus Christi Page 11 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Wastewater Collection System Master Plan for Sandy Creek Subdivision (Requires 2/3 vote) Ordinance amending the Wastewater Collection System Master Plan OSO Wastewater Reclamation Plant (W.R.P.) Service Area, Area 1, an element of the comprehensive Plan of the City of Corpus Christi, Texas, by realigning the proposed wastewater collection line to a location farther north and increasing the diameter of the line; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Mayor Martinez referred to Item 27. Interim Director of Development Services Julio Dimas stated that the purpose of this item is to amend the Wastewater Collection System Master Plan to realign and increase the diameter of the planned collection line for Sandy Creek Subdivision. Mr. Dimas stated that the Planning Commission and staff are in favor of the amendment. Council Member McIntyre made a motion to open the public hearing, seconded by Council Member Magill and passed. There were no comments from the Council or the public. Council Member McIntyre made a motion to close the public hearing, seconded by Council Member Riojas and passed. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Mayor Martinez deviated from the agenda and referred to comments from the public. Abel Alonzo thanked the council members and individuals who have donated to the Westside Business Association's "Navidad De Los Ninos" to help disadvantaged children. Dana Orr spoke about life on Chapman Ranch and in opposition to the southside annexation. Diane Vandemark and David Owen spoke regarding the cost and revenues for the southside annexation. Tom Hartman presented information about a Request for Proposal from the Department of the Navy, Defense Logistics Agency, to secure up to 55 megawatts of renewable Energy for navy installations in Texas. John Kelley, Neighborhoods First!, spoke about information he contends is fraudulent that has been presented regarding the southside annexation. P. ONE READING ACTION ITEMS: (ITEMS 41 - 42) 42. Approving a Letter of Intent to Proceed with an Industrial Seawater Desalination Facility Economic Feasibility Study (Requires 2/3 vote) Corpus Christi Page 12 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Resolution authorizing the City Manager to execute a Letter of Intent to Proceed regarding Industrial Seawater Desalination Facility Economic Feasibility Study. Mayor Martinez deviated from the agenda and referred to Item 42. In response to Mayor Martinez, City Attorney Risley stated that the resolution would need to be amended to endorse the City Manager's execution of a Letter of Intent to proceed regarding an industrial seawater desalination facility economic feasibility study in an amount not to exceed $50,000, which is within the City Manager's contract execution authority and replace Sections 1 and 2 with "the City Manager's execution of a Letter of Intent to Proceed regarding an Industrial Seawater Desalination Facility Economic Feasibility Study with the Corpus Christi Regional Economic Development Authority, the San Patricio Municipal Water District, and the Port Industries of Corpus Christi, is hereby endorsed, in an amount not to exceed $50,000, which is within the City Manager's contract execution authority." The change to the resolution would not require a two-thirds vote of the City Council because it is an endorsement of a contract under the City Manager's inherent authority. Council Member McIntyre made a motion to amend the language as stated, seconded by Council Member Scott and passed. There were no comments from the public. Executive Director of Utilities Mark Van Vleck stated that the purpose of this item is to endorse the City Manager's plan to execute a Letter of Intent to proceed with an industrial seawater desalination facility economic feasibility study. The key aspects of the agreement include the feasibility study and an option for a Request for Proposal for a desalination facility. The funding will come from the Corpus Christi Regional Economic Development Corporation and the Port Industries; any additional expenses within the City Manager's authority will be paid for by the City of Corpus Christi. Council Member Magill requested the report from Freese and Nichols regarding the desalination study. City Secretary Huerta stated that Council Member Riojas would be abstaining from this item. This Resolution was passed as amended and approved with the following vote: Aye: 5 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 1 - Council Member Riojas Enactment No: 030355 41. Ordinance - Approving the 2015 Annual Audit Plan (Requires 2/3 vote) Ordinance approving the 2015 Annual Audit Plan; and declaring an emergency. Mayor Martinez deviated from the agenda and referred to Item 41. City Auditor Arlena Sones stated that the purpose of this item is to request approval of the 2015 Annual Audit Plan. Ms. Sones said the City Council had previously received the proposed plan. The Audit Committee met this morning and made a few revisions to the proposed plan. Ms. Sones provided a brief overview of the revisions to the plan. Council Member Scott made a motion to amend the ordinance to incorporate the changes to the annual audit plan, seconded by Corpus Christi Page 13 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Council Member Magill and passed. Council Member Scott, Chairman of the Audit Committee, stated that the Audit Committee has endorsed and approved the plan. There were no comments from the public. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030354 I. EXECUTIVE SESSION: (ITEM 4 ) 4. Mayor Martinez referred to the day's executive session. The Council went into executive session. Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations and the Agreement between the City of Corpus Christi and the Corpus Christi Firefighters Association and term(s) thereof with possible discussion, resolution(s), and other actions in open session concerning any matters related thereto. This E -Session Item was discussed in executive session. O. REGULAR AGENDA: (ITEMS 28 - 40) 28. Second Reading Ordinance - Approving the Texas State Aquarium Lease -Purchase Agreement (1st Reading 10/21/14) (Requires 28 day delay between Readings) (Requires 2/3 vote) Ordinance authorizing the City Manager, or his designee, to execute a Lease -Purchase and Operating agreement including option to purchase with Texas State Aquarium Association ("TSAA") covering lots A-1, A-3, B, C and D, of the Texas State Aquarium Subdivision, together with leasehold rights for the adjacent parking areas; in consideration of TSAA maintaining the premises and improvements, operating a public aquarium and related facilities, TSAA's payments on debt service on the 1996 $4.4 million combination tax and revenue certificates of obligation, and TSA's $45 million dollar expansion of the aquarium facility; providing for severance; and providing for publication. Mayor Martinez referred to Item 28. Assistant City Manager Wes Pierson stated that the purpose of this item is to approve the second reading of the lease -purchase agreement with the Texas State Aquarium. The agreement will become effective 61 days after approval. There were no comments from the Council or the public. This Ordinance was passed on second reading and approved with the following vote: Corpus Christi Page 14 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030345 29. Appointing a financial advisor for Utility System Revenue Bond Sale and Utility System Revenue Refunding Bond Sale (Related items 29 - 32) (Requires 2/3 vote) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for one or more series of City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds (fixed rate and/or variable rate) in an aggregate principal amount not to exceed $115,000,000; and for one or more series of City of Corpus Christi, Texas Junior Lien Revenue Refunding Bonds in an amount not to exceed $166,240,000. Mayor Martinez referred to Item 29. Director of Financial Services Constance Sanchez stated that Items 29, 30, and 31 are in reference to funding the FY 2015 Capital Budget utility projects. There were no comments from the Council or the public. This Motion was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: M2014-152 30. Second Reading Ordinance - Authorizing Issuance of Utility System Revenue Bonds - Fixed Rate (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the issuance of one or more series of City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, in an aggregate principal amount, when combined with other City Utility System Revenue Obligations authorized on the date hereof, not to exceed $115,000,000, pursuant to the delegation provisions set forth herein; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding Utility System Revenue Obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the forms, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of each series of bonds; including the Corpus Christi Page 15 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 approval and distribution of one or more Official Statements pertaining thereto; authorizing the execution of one or more paying agent/registrar agreements, and one or more purchase contracts; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; establishing the City's intention to reimburse itself from the proceeds of any such series of bonds for the prior lawful expenditure of funds to construct various City improvements; delegating the authority to the certain members of the City staff to execute certain documents relating to the sale of each series of bonds; and providing an effective date. This item was discussed under Item 30. There were no comments from the public. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030346 31. Second Reading Ordinance - Authorizing the Issuance of Utility System Revenue Bonds - Variable Rate (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the issuance of one or more series of City of Corpus Christi, Texas Utility System Variable Rate Junior Lien Revenue Improvement Bonds, in an aggregate principal amount, when combined with other City Utility System Revenue Obligations authorized on the date hereof, not to exceed $115,000,000, pursuant to the delegation provisions set forth herein; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding Utility System Revenue Obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the forms, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of each series of bonds; including the approval and distribution of one or more Official Statements pertaining thereto; authorizing the execution of one or more paying agent/registrar agreements, and one or more remarketing agreements, one or more tender agent agreements, and one or more purchase contracts; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; establishing the City's intention to reimburse itself from the proceeds of any such series of bonds for the prior lawful expenditure of funds to construct various City improvements; delegating the Corpus Christi Page 16 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 authority to certain members of the City staff to execute certain documents relating to the sale of each series of bonds; and providing an effective date. This item was discussed under Item 29. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030347 32. Second Reading Ordinance - Authorizing the Issuance of Utility System Refunding Bonds (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2015", in an amount not to exceed $166,240,000; making provisions for the payment and security thereof by a junior and inferior lien on and pledge of the net revenues of the City's Utility System on a parity with certain currently outstanding utility system revenue obligations; stipulating the terms and conditions for the issuance of additional Revenue Bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a paying agent/registrar agreement; an escrow agreement, and a purchase contract; complying with the requirements imposed by the letter of representations previously executed with the depository trust company; delegating the authority to certain members of the City staff to execute certain documents relating to the sale of the bonds, and providing an effective date. Mayor Martinez referred to Item 32. Director of Financial Services Constance Sanchez stated that the purpose of this item is to approve the second reading of an ordinance for a refunding opportunity in reference to a utility revenue bond. There were no comments from the Council or the public. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030348 33. Appointing a financial advisor for Texas Military Preparedness Corpus Christi Page 17 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Commission debt transactions (Related items 33 - 35) (Requires 2/3 vote) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the transaction to call for redemption prior to stated maturity "City of Corpus Christi, Texas General Improvement Bonds, Series 2007" and "City of Corpus Christi, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007" and as Financial Advisor for the issuance of "City of Corpus Christi, Texas Tax Notes, Series 2014A" in an amount not to exceed $5,090,000. Mayor Martinez referred to Item 33. Director of Financial Services Constance Sanchez stated that Items 33, 34, and 35 are related to repurposing unspent proceeds from a loan the City received from the Texas Military Preparedness Commission. There were no comments from the public. Council Member Scott publicly thanked Director of Intergovernmental Relations Tom Tagliabue for his work. This Motion was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Abstained: 0 Enactment No: M2014-153 Council Member Garza, Council Member Leal and Council Member Loeb 34. Repurposing of existing Texas Military Preparedness loan (Requires 2/3 vote) Resolution by the City Council of the City of Corpus Christi, Texas calling for redemption prior to stated maturity certain of its currently outstanding obligations designated as "City of Corpus Christi, Texas General Improvement Bonds, Series 2007" and "City of Corpus Christi, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007"; directing that the City Secretary or designee thereof, effectuate the redemption of these obligations; and other matters in connection therewith. This item was discussed under Item 33. This Resolution was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030349 35. Second Reading Ordinance - Authorizing the issuance of tax notes related to Texas Military Preparedness Commission (1st Corpus Christi Page 18 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 Reading 11/11/14) (Requires 2/3 vote) Ordinance by the City of Council of the City of Corpus Christi, Texas authorizing the issuance of "City of Corpus Christi, Texas Tax notes, Series 2014A" in an amount not to exceed $5,090,000, levying an annual ad valorem tax, within the limitations prescribed by law, for the payment of the obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the obligations; authorizing the execution of paying agent/registrar agreement and a purchase and investment letter; complying with the provisions of the depository trust company' s letter of representations; and providing an effective date. This item was discussed under Item 33. This Ordinance was approved and passed on second reading with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030350 36. Appointing a financial advisor for Solid Waste Certificates of Obligation (Related items 36 - 38) (Requires 2/3 vote) Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Taxable Certificates of Obligation, Series 2015 in an amount not to exceed $14,500,000. Mayor Martinez referred to item 36. Director of Financial Services Constance Sanchez stated that Items 36, 37, and 38 are in related to the issuance of Certificates of Obligation for the Solid Waste Department. There were no comments from the Council or the public. This Motion was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: M2014-154 37. Authorizing the issuance of Solid Waste Certificates of Obligation (Requires 2/3 vote) Resolution by the City Council of the City of Corpus Christi, Texas, authorizing and approving publication of Notice of Intention to issue Certificates of Obligation; complying with the requirements contained Corpus Christi Page 19 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 in Securities and Exchange Commission Rule 15c2-12; and providing an effective date. This item was discussed under Item 36. This Resolution was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030351 38. Second Reading Ordinance - Appropriating funds for Solid Waste debt service payment (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance appropriating $1,100,000 from the unreserved fund balance in the No. 1020 General Fund and transferring to and appropriating in the No. 2010 Debt Service Fund to pay principal and interest in Fiscal Year (FY) 2014-2015 for Solid Waste certificates of obligation; and changing the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 to increase revenues by $1,100,000 and expenditures by $1,100,000 in the No. 2010 Debt Service Fund and to increase expenditures by $1,100,000 in the General Fund This item was discussed under Item 36. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030352 39. Second Reading Ordinance - Authorizing an interlocal agreement and appropriating funds for a Downtown Safety & Security Partnership Program (1st Reading 11/11/14) (Requires 2/3 vote) Ordinance authorizing the City Manager or his designee to execute a nine-month interlocal agreement from January 2015 through September 2015 with the Corpus Christi Downtown Management District to pay the District $166,500 for contracting with Off -Duty Bike Patrol Officers and Security Ambassadors to patrol the District; appropriating $166,500 from the unreserved fund balance in the No. 1020 General Fund; changing the fiscal year 2014-2015 operating budget adopted by Ordinance Number 030294 by increasing appropriations by $166,500. Mayor Martinez referred to Item 39. Assistant City Manager Wes Pierson stated Corpus Christi Page 20 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 that the purpose of this item is to authorize an interlocal agreement and appropriate funding for the Downtown Safety & Security Partnership Program. There were no comments from the Council or the public. This Ordinance was passed on second reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: 030353 40. Amending the Corpus Christi Convention and Visitors Bureau (CCVB) agreement to align it with the City's fiscal year and amending the board composition (Requires 2/3 vote) Q. Motion authorizing the City Manager or designee to execute an Amended Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau for a period ending September 30, 2015. Mayor Martinez referred to Item 40. Assistant City Manager Wes Pierson stated that the purpose of this item is to authorize the execution of an amended consulting services agreement with the Corpus Christi Convention and Visitors Bureau. There were no comments from the Council or the public. This Motion was passed and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 Enactment No: M2014-155 FIRST READING ORDINANCES: (ITEMS 43 - 44) 43. First Reading Ordinance - Abandoning and vacating a portion of a utility easement located north of Sedwick Road and west of Southern Minerals Road (Requires 2/3 vote) Ordinance abandoning and vacating a portion of an existing 60 -foot wide utility easement out of a part of Lot 8, Blk. 1, Wildcat Industrial Park, located north of the Sedwick Road public street right-of-way, and west of the Southern Minerals Road public street right-of-way; and requiring the owner, Scott Humpal, to comply with the specified conditions. Mayor Martinez referred to Item 43. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a utility easement and allow for the future development of the subject property. There were no comments from the Council or the public. This Ordinance was passed Corpus Christi Page 21 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 44. First Reading Ordinance - Amending Chapter 55-111 of the City Code of Ordinances regarding water service outside the City limits (Requires 2/3 vote) Ordinance to amend Chapter 55 of the City Code of Ordinances, regarding water contracts for customers located outside city limits but within the city's water service area. Mayor Martinez referred to Item 44. Director of Development Services Dan Grimsbo stated that the purpose of this item is to amend Chapter 55, Code of Ordinances regarding water contracts for customers located outside the city limits, but within the city's water service area to include details on future annexation requirements. It was determined by Legal that this language is not required. There were no comments from the public. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor Martinez, Council Member Allen, Council Member Magill, Council Member McIntyre, Council Member Riojas and Council Member Scott Absent: 3 - Council Member Garza, Council Member Leal and Council Member Loeb Abstained: 0 R. FUTURE AGENDA ITEMS: (ITEMS 45 - 46) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff did not have any planned presentations. 45. Approving the purchase of Cisco SmartNet maintenance (Requires 2/3 vote) Motion authorizing the City Manager or designee to approve the purchase of twelve months Cisco SmartNet maintenance from Computer Solutions of San Antonio, Texas, DIR-TSO-2542, for a total expenditure of $116,895.78. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. This Motion was recommended to the consent agenda. 46. Certification of 2014 Tax Levy (Requires 2/3 vote) Motion approving the 2014 Ad Valorem Tax Levy of $97,666,247.44 based on the adopted property tax rate of $0.585264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Corpus Christi Page 22 Printed on 12/1/2014 City Council Meeting Minutes November 18, 2014 This Motion was recommended to the consent agenda. S. BRIEFINGS TO CITY COUNCIL: (NONE) T. LEGISLATIVE UPDATE: None. U. ADJOURNMENT The meeting was adjourned at 2:43 p.m. Corpus Christi Page 23 Printed on 12/1/2014 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 18, 2014 Action Item for the City Council Meeting of December 09, 2014 DATE: October 31, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the purchase of Cisco SmartNet maintenance. CAPTION: Motion authorizing the City Manager or designee to approve the purchase of twelve months Cisco SmartNet maintenance from Computer Solutions of San Antonio, Texas, DIR-TSO- 2542, for a total expenditure of $116,895.78. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. PURPOSE: To provide continued support and maintenance for 130 existing network devices and 2,150 licenses for a twelve month period. BACKGROUND AND FINDINGS: Hardware and software support is required to maintain updates for network equipment that includes security, software and hardware updates and support services for critical network infrastructure. The Cisco SmartNet purchase will ensure that the City of Corpus Christi has support for the core network equipment located at City Hall, Police Department, Fleet Services, Holly Pump Station, Flour Bluff water tower, Frost Building Emergency Operation Center, and the O.N. Stevens Water Plant. Only critical equipment has been identified for maintenance that requires 24x7 support. ALTERNATIVES: Operate with no vendor support for network equipment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase confirms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $163,500.00 $163,500.00 Encumbered / Expended Amount This item $116,895.78 $116,895.78 BALANCE $46,604.22 $46,604.22 Fund(s):5210 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Computer Solutions DIR quote ■ .410.51 Coff'IpLJC`rEr oIubion € USINESS. TECHNOLOGY. INNOVATION Customer City of Corpus Christi (16975) 1201 Leopard Street Corpus Christi, Texas 78401 (P) 361-826-4091 Customer PO: None Special Instructions: None Computer Solutions 814 Arion Parkway Suite 101 San Antonio, Texas 78216 United States http://www.comsoltx.com Bill To City of Corpus Christi Accounts, Payables 1201 Leopard Street Corpus Christi, Texas 78401 (P) 361-826-4091 Ship To City of Corpus Christi MIS, Data Center 1201 Leopard Street, City Hall Basement Corpus Christi, Texas 78401 Date Oct 9, 2014 11:39 PM CDT Doc # 51729 - rev 2 of 2 Expiration Date Dec 31, 2014 Description 2014-15 Cisco Smartnet Rnwl (10.31.15 CoTerm) SalesRep Jones, David (P) 210-369-0318 (F) 210-369-0389 Customer Contact Trevino, David (P) 361-826-3754 dtrevino@cctexas.com DIR Program: Business Certifications: Sales Order Type: DIR-TSO-2542 Expires 05/05/2018 WBE/SBE/HUB# 1942650013800 Exp:05/13/2018 Drop Ship Terms: Net 30 Days Ship Via: FedEx Ground Carrier Account #: None Item Description Part # List Price Qty Tax Unit Price Total Reference Document: Smartnet-Rnwl-Quote-CoCC (10.23.14) 1 Smartnet Rnwl - SNT Q18305344 Smartnet Rnwl - SNT $55,871.47 1 No $45,535.25 $45,535.25 2 Smartnet Rnwl - SNT Q18315097 Smartnet Rnwl - SNT $1,349.89 1 No $1,100.16 $1,100.16 3 4 Smartnet Rnwl - SAS Q18305354 Smartnet Rnwl - SAS $767.12 1 No $625.20 $625.20 Smartnet Rnwl - ECMU Q18315095 Smartnet Rnwl - ECMU $66,093.15 1 No $53,865.92 $53,865.92 Smartnet Rnwl SNT 5 Smartnet Rnwl - SNT Q18315094 $10,498.14 1 No $8,555.98 $8,555.98 6 Smartnet Rnwl SNT Smartnet Rnwl - SNT Q18305349 $4,731.48 1 No $3,856.16 $3,856.16 Smartnet Rnwl SNT 7 Smartnet Rnwl - SNT Q18305353 $929.45 1 No $757.50 $757.50 8 Smartnet Rnwl - ISV1 Q18305348 Smartnet Rnwl - ISV1 $3,189.70 1 No $2,599.61 $2,599.61 Cisco DIR-TSO-2542 T)( DIR Contract Expiration: 5/5/2018 Vendor ID: 1942650013800 Computer Solutions Co. Certifications: HUB (Historically Underutilized Business) Certification #1942650013800 Expires 05/13/2018 WBE (Women Business Enterprise) SBE (Small Business Enterprise) Certification #211089371 - Expires 08/31/2015 Subtotal: $116,895.78 Tax (0.000%): $0.00 Shipping: $0.00 Total: $116,895.78 Thank you for the opportunity to provide this quote. This quote is valid for 30 days. Freight charges are estimates only. Returns are subject to approval and may include a restocking fee. AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 18, 2014 Second Reading for the City Council Meeting of December 9, 2014 DATE: October 21, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, Related Investors, Ltd., to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 40 -foot wide public right-of-way in conjunction with the future development of some Rancho Vista Subdivision Units. BACKGROUND AND FINDINGS: Related Investors, Ltd. (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, located east of the Rodd Field Road (State Highway 357) state right-of-way and south of the Yorktown Boulevard public street right-of-way. The abandonment and vacation of the undeveloped public street right- of-way is being requested in conjunction with the development of future Rancho Vista Subdivision Units. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within the dedicated 40 -foot wide public street right-of-way, or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff and Encinal Farm & Garden Tracts and requiring the owner, Related Investors, Ltd. to comply with specified conditions. WHEREAS, Related Investors, Ltd. ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff and Encinal Farm & Garden Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 18, 2014, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff and Encinal Farm & Garden Tracts, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Related Investors, Ltd. ("Owner"), an undeveloped and unsurfaced 38,480 -square foot portion of a 40 -foot wide public right- of-way, out of Lots 1-2, Section 24, & Lots 31-32, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, located east of the Rodd Field Road (State Highway 357) state right- of-way and south of the Yorktown Boulevard public street right-of-way, as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor URBAN ENGINEERING 0.883 Acre 40 Foot Wide ROW Closure STATE OF TEXAS COUNTY OF NUECES Job No. 39319.B4.04 August 3rd, 2014 Fieldnotes, for a 0.883 Acre tract, of Lots 31 and 32, Section 25 and Lots 1 and 2, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, of the Map Records of Nueces County, Texas; said 0.883 Acres, being more fully described by metes and bounds as follows: Commencing, on the common line of Lot 28 and Lot 29, of the said Section 25, for the South corner of Lot 20, Block 14, Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, of the said Map Records; Thence, South 28°42'09" West, with the said common line, 178.15 feet, and North 61°17'51" West, departing the said common line 1678.00 feet, to the Point of Beginning and East corner of this tract; Thence South 28°42'09" West, at 20.00 feet, pass the South line of the said Lot 31, the North line of the said Lot 2, in all, 40.00 feet, for the South corner of this tract; Thence, North 61°17'51" West, 962.00 feet, to the Southeast line of Lot 8, Section 22, of the said Flour Bluff and Encinal Farm and Garden Tracts, the Northwest line of the said Lot 1, for the West corner of this tract; Thence, North 28°42'09" East, with the common line of the said Lot 8, and the said Lot 1, at 20.00 feet, pass the South corner of Lot 25, section 21, of the said Flour Bluff and Encinal Farm and Garden Tracts, the West corner of the said Lot 32, the East corner of the said Lot 8 and the North corner of the said Lot 1, continue with the common line of the said Lot 25 and the said Lot 32, in all 40.00 feet, for the North corner of this tract; • Thence, South 61°17'51" East, 962.00 feet to the Point of Beginning, containing 0.883 acres (38,480 Square Feet) of land, more or less. Bearings are based on the recorded plat of Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, of the Map Records of Nueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING eith W. Wooley, R.P.L.S. License No. 5463 S:\Surveying\39319\R404\OFFICE'METES AND BOUNDS103931913404-0.88 Ac-ROWCIosure-20140803.doc Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm # 10032400 FAX (361)854-6001 EXHIBIT A SZ UO }Jr4 (J.3N11)'5 L6610itOZ'oN 'WO 3r,SL St -BG. 1 M 6G,Zb.BZS�/ SIIil R aco,d oo6,o, void a o EP ry I � — J J fwy��C . ss. / ~a3!gr �ib Lot 32, Section 25 Lot 29, Section 25 Lot 30, Section Z 861.17'51'W 1678.00' 4Z UO!;;as J 4 QUf 101 a w yx o $ V O U �r ;4.6u :131 101 Mt." Lot 3, Section 24 W a N 0Q O g N cv z m J Lot 2, Section 24 V = N O O., O Ori 0 ao Esc, O `r . U o j z wd 0 c0 13 0 V r 0) m 0 0 N go_ v+,- Np To. Csi Of 0Cm <0 WZtiz N N Y Z mwi. EC ff714r, W co 1— W X W ,3 cnix 0167 >:GJ'i.n – •�\ Rod WU / /�c cn z O U Wd+Pb9 ue"D'ul° x 151. 4.3 U N U AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 18, 2014 Second Reading for the City Council Meeting of December 9, 2014 DATE: October 24, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing an undeveloped and unsurfaced 67,120 -square foot portion (1.54 acres) of a 40 - foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 67,120 -square foot portion (1.54 acres) of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, Yorktown Joint Venture, to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 40 -foot wide public right-of-way in conjunction with the development of the Rancho Vista Units 10 and 11. BACKGROUND AND FINDINGS: Yorktown Joint Venture (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 67,120 -square foot portion (1.54 acres) of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, located west of the Fred's Folly Drive public street right-of-way and south of the Idle Hour public street right-of-way. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with the development of the Rancho Vista Units 10 and11. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities within the dedicated 40 -foot wide public street right-of-way, or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owner must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating an undeveloped and unsurfaced 67,120 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, Yorktown Joint Venture, to comply with specified conditions. WHEREAS, Yorktown Joint Venture ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 67,120 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 18, 2014, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 67,120 -square foot portion of a 40 -foot wide public right-of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Yorktown Joint Venture ("Owner"), an undeveloped and unsurfaced 67,120 -square foot portion of a 40 -foot wide public right- of-way, out of Lots 2-4, Section 24, & Lots 29-31, Section 25, Flour Bluff & Encinal Farm & Garden Tracts, located west of the Fred's Folly Drive public street right-of-way and south of the Idle Hour public street right-of-way., as recorded in Volume A, Pages 41- 43, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Irl RBAN ENGINEERING 1.54 Acre 40 Foot Wide ROW Closure STATE OF TEXAS COUNTY OF NUECES Job No. 39319.B4.04 August 26rd, 2014 Fieldnotes, for a 1.54 Acre tract, of Lots 29-31, Section 25 and Lots 2-4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, of the Map Records of Nueces County, Texas; said 1.54 Acres; being more fully described by metes and bounds as follows: Commencing, on the common line of Lot 28 and Lot 29, of the said Section 25, for the South corner of Lot 20, Block 14, Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, of the said Map Records; Thence, South 28°42'09" West, with the said common line, 178.15 feet, to the Point of Beginning and East comer of this tract; Thence South 28°42'09" West, continuing with the said common line, at 20 feet, pass the North corner of Lot 5, of the said section 24, the East corner of the said Lot 4, the West comer of the said Lot 28 and the South comer of the said Lot 29, continue with the common line of the said Lot 5 and the said Lot 4, in all, 40.00 feet, for the South corner of this tract; Thence, North 61°17'51" West, 1678.00 feet, for the West comer of this tract; Thence, North 28°42'09" East, at 20.00 feet, pass the North line of the said Lot 2, the South line of the said Lot 31, in all 40.00 feet, for the North comer of this tract; Thence, South 61°17'51" East, 1678.00 feet to the Point of Beginning, containing 1.54 acres (67,120 Square Feet) of land, more or less. Bearings are based on the recorded plat of Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, of the Map Records of Nueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING K'Gtth W. Wooley, R.P.L.S. License No. 5463 S:\Surveying1393191B404\OFFICE\METES AND BOUNDS1039319B404-I.54 Ac-ROWCIosure-20140826.doc (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 www.urbaneng.com TBPE Firm #145 TBPLS Firm # 10032400 Page 1 of 1 FAX (361)854-6001 EXHIBIT A 25, Section 21 Lot 8, Section 22 Lot 32, Section 25 Lot 1, Section 24 Lot 31, Section 25 x3 \ t \ 1 �, 25 26 \ V Ti I \11 Ili 6 i rL_____ ___ .r,;I 11 I Rancho 41s1�Surd &on t •y" 7 ' 1. 06. ga. 63-64. Mo to Ct. / 7 a rda 1 Nuec:a Count, melts ', 1 / I 8 9 10 11 Iv / , U €/ /1— I 27 29 Elh:ondo 0rve L 12 kite Hou, ()rive 30 27 28 1 2 26 Block 20 Ronan Vista Subdivision It 7 Vol. 659. Pga. 3-64, of Records N Nuece• Gaunt, Texas 6 6 7 , Ron ho Vis 3Subdi Ion9 tint 80 Vo. 67,0Notices N s. 726-727, Mop Reaordat c s county. hexa. 19 20 5 U.E. Lot 30, Section 25 S61 -17'51.E 1678.00' Lot 29, Section 915, O.R.N.C.r A Pone asCommencement � ui 0 25 � ai Mat of &sliming N28'42'09"E Lot Gne 40' Wide ROW Closure l 1.54 Acre 40.00' 67,120 Sq. Ft. Lot 2, Section 24 Cor US ft Christi Texas 0 F. 80' 1 0.._ 0 Stampede 0.. Site LOCATION MAP N.T.S. N61-17.51 "W 1678.00' Lot 3, Section 2, Flour Bluff and Encinal Form and Garden Trocts Vol. A, Pgs. 41-43, Mop Records of Nueces County, Texos 300 200 100 0 200 Pk1IC SCALE 1 ' � 200 EXHIBIT B Lot 4, Section S28'42'09"W / N 40.00' 2: Sketch to Accompany f1ELDNOTES, for a 1.54 Acre tract, of Lots 29-31, Section 25 and 400 Lots 2-4, Section 24, flour Buff and Encino' Farrn and Gorden Tracts, o mop of which is recorded in Volume A Pages 41 thru 43, of the Mop Records of Nueces County, Texos URBAN ENGINEERING DVT *woke.. 9. Oda( a 70404B[ /i„wp 1u T /.. N, '0* ZYCV /NYC (XII e51.R9/ ut6 (TW OTl-art DATE: August 26, 2014 SCALE: 1 =200' JOB NO.: 39319.B4.04 SHEET: 1 OF 1 DRAWN BY: RLG 4 U AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 18, 2014 Second Reading for the City Council Meeting of December 9, 2014 DATE: October 27, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Commercial to Residential For Anthony Troy Shur and Janelle Marydee Shur Property Addresses: 2645 Rodd Field Road CAPTION: Case No. 1014-01 Anthony Troy Shur and Janelle Marydee Shur: A change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District, resulting in a change to the Future Land Use Plan from medium density residential to low density residential. The property is described as Lot 35A, Block 2, Brandywine Subdivision, located on the west side of Rodd Field Road north of Premont Street. PURPOSE: The purpose of this item is rezone the property to allow the construction of a single- family home. RECOMMENDATION: Planning Commission and Staff Recommendation (October 22, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. The applicant plans to demolish the current residential dwelling which is on a commercial lot, replacing it with a large metal building to augment the existing business, and then reconstruct the single-family dwelling and guest quarters behind the existing business. The proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is suitable for low density residential uses. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is within the boundaries of the Southside Area Development Plan and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. Although inconsistent with the Future Land Use Plan and Comprehensive Plan, the rezoning to a lower density residential use would be appropriate for this location and is consistent with the surrounding residential properties. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Anthony Troy Shur and Janelle Marydee Shur ("Owners"), by changing the UDC Zoning Map in reference to Lot 35A, Block 2, Brandywine Subdivision, from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Anthony Troy Shur and Janelle Marydee Shur ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 22, 2014, during a meeting of the Planning Commission, and on Tuesday, November 18, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Anthony Troy Shur and Janelle Marydee Shur ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on Lot 35A, Block 2, Brandywine Subdivision, located along the west side of Rodd Field Road north of Premont Street (the "Property"), from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District (Zoning Map No. 041032), as shown in Exhibit "A". Exhibit A, which is a location map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_1014-01 Anthony T. Shur and Janelle Marydee Shur Page 2 of 2 CASE: 1014-01 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Ca BOO /os 0 LOCATION MAP City of Corpus Christi Exhibit "A" Aerial Overview Aerial PLANNING COMMISSION FINAL REPORT Case No.: 1014-01 HTE No. 14-10000037 Planning Commission Hearing Date: October 22, 2014 Applicant & Legal Description Applicant/Owners: Anthony Troy and Janelle Marydee Shur Legal Description/Location: Lot 35A, Block 2, Brandywine Subdivision, located along the west side of Rodd Field Road north of Premont Street. Zoning Request From: "CN -1" Neighborhood Commercial District To: "RS -6" Single -Family 6 District Area: 0.3432 acres Purpose of Request: To allow the construction of a single-family dwelling. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Commercial Medium Density Residential North "CN -1" Neighborhood Commercial Commercial Medium Density Residential South "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential East "FR" Farm Rural Estate Residential and Low Density Residential Medium Density Residential West "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for medium density residential uses. The proposed change of zoning to the "RS -6" Single - Family 6 District is not consistent with the adopted Future Land Use Plan. Map No.: 041032 Zoning Violations: 2006 — Case No. 15176, Care of Premise Violation. Status Date: March 12, 2007 — Compliance -Weeds mowed and fence mended. Transpor- tation Transportation and Circulation: The area to be rezoned has access to Rodd Field Road, which the Urban Transportation Plan shows as an A3 Primary Arterial Divided. The A3 Arterial is designed to augment the freeway system and serves major through movements of traffic between important centers of activity, major traffic generators and with a substantial portion of trips entering and leaving the area. The maximum desirable average daily trips for an A3 Arterial is 30,000 to 48,000. Case # 1014-01 Anthony Troy Shur and Janelle Marydee Shur Page 2 a 8i § Lp cn d Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2010) Rodd Field Road A3 Primary Arterial Divided 130' ROW 79' paved 116' ROW 67' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District to allow construction of a single-family dwelling on the property. The adjoining lot currently consists of a taxidermy business, Shur's Taxidermy, and a residential dwelling, both owned by the applicant. The applicant owns and operates Shur's Taxidermy and lives on the property where the business is located. The applicant recently had the property replatted into two lots in order to construct a new residential dwelling toward the back of the property to accommodate expanding the commercial business in the front. A "caretaker's quarters" is allowed in the existing zoning district but is limited to 1,500 square feet. A rezoning to a single -Family district is required to allow a larger dwelling as a primary use. Development Plan: The applicant plans to demolish the current residential dwelling, replacing it with a large metal building to augment the existing business, and construct a single-family dwelling and guest quarters behind the existing business. Existing Land Uses & Zoning: North of the subject property is zoned "CN -1" Neighborhood Commercial District and the use is commercial with the applicant's existing business. South and west of the subject property is a condominium complex in the "RM -1" Multifamily 1 District. East of the subject property across Rodd Field Road is zoned "FR" Farm Rural District consisting of one residential estate dwelling and one low density residential dwelling. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is within the boundaries of the Southside ADP and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. Although inconsistent with the Future Land Use Plan and Comprehensive Plan, the rezoning to a lower density residential use would be appropriate for this location and is consistent with the surrounding residential properties. Case # 1014-01 Anthony Troy Shur and Janelle Marydee Shur Page 3 Department Comments: • Although inconsistent with the Future Land Use Plan, a single-family dwelling already exists on the property and relocating the dwelling into the rear portion of the property is reasonable. • Single-family dwellings are not recommended for arterial roads. However, the single-family dwelling would not have separate access to Rodd Field Road, but would share access with the commercial business. • The proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is suitable for low density residential uses. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. Planning Commission and Staff Recommendation (October 22, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -6" Single -Family 6 District. Notification Number of Notices Mailed — 117 within 200 -foot notification area; 5 outside notification area As of October 27, 2014: In Favor — 1 inside notification area; 0 outside notification area In Opposition — 3 inside notification area; 0 outside notification area For less than 2% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan K:\DevelopmentSvcs\SHARED\ZONING CASES\2014\1014-01 Anthony Troy and Janelle MaryDee Shur\Council Documents\CC Report - 1014-01 Anthony T Shur and Janelle Marydee Shur.docx SUBJECT PROPERTY R15-6 �y SS 3 RM -1 fr O 6 FR 800 Feet Date C,rrp�a,t��d: 10/9/2014/ 7R PrepdreeIBy: LARRYF t7epa �oUei\ ry lopmenlces CASE: 1014-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY Ca BOO 'os ° LOCATION MAP YOR�TO KN Cayo Del Os 4Ri City of Corpus Christi rr • 1 • 243.71' d -7317.E. PRI:POSED HOME 7••.C• EXISTING POOL EXISTING BUILDING EXISTING HOUSE 1 LOI - 34 A. MOCK -2 EIRMIRN NE 4?-25•IJI. 41.7. tr-r 111111.1•1 1011.1- 201.19. 2645 ROOD FIELD ROAD SITE PLAN sou: thew-ir pun i.RCOD FIELD ROAD (S.D.357) AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 18, 2014 Second Reading for the City Council Meeting of December 9, 2014 DATE: October 31, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Wastewater Collection System Master Plan Amendment for Sandy Creek Subdivision CAPTION: Ordinance amending the Wastewater Collection System Master Plan OSO Wastewater Reclamation Plant (W.R.P.) Service Area, Area 1, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by realigning the proposed wastewater collection line to a location farther north and increasing the diameter of the line; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of the amendment is to realign and increase the diameter of the planned collection line shown in the Wastewater Collection System Master Plan OSO W.R.P Service Area, Area 1, Master Plan. Details of the amendment are as follows: • Provide a larger diameter line to increase depth and insure adequate wastewater collection line services for the undeveloped lot to the west of Sandy Creek Subdivision. • Provide easier access to and reduce the overall maintenance of the wastewater collection line. • Eliminate duplication of wastewater collection lines. BACKGROUND AND FINDINGS: The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1 (2006) (Exhibit A) shows a planned collection line along the northern edge of Master Channel 29. The approved Plan shows approximately 2,000 linear feet of 10 -inch PVC pipe; 1,050 linear feet of 8 -inch PVC pipe terminating approximately 200 feet east of Rodd Field Road and 950 linear feet of 8 -inch PVC pipe running North and South. The developer has an approved preliminary plat with a street layout for Sandy Creek Subdivision (Exhibit B). The developer is proposing to realign the wastewater collection line to a location farther north and increase the diameter of the line to 12 inches. The realignment will result in 2,405 linear feet of 12 -inch wastewater collection line running through Sandy Creek Subdivision's public streets right-of-way and approximately 1,000 linear feet running through the property to the west, which is described as 36.135 acres out of Lots 1 & 2, Section 27, Flour Bluff and Encinal Farm Garden Tracts (Exhibit C). The realignment will result in the increased depth of the collection line for the 36.135 acres of undeveloped land to the west of Sandy Creek Subdivision; reduce maintenance costs of the line and eliminate duplication of wastewater collection lines. ALTERNATIVES: Denial or alteration of the proposed Wastewater Collection System Master Plan amendment. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed Wastewater Collection System Master Plan amendment conforms to City policy. DEPARTMENTAL CLEARANCES: Wastewater Department Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and Staff recommends approval of the proposed Wastewater Collection System Master Plan. LIST OF SUPPORTING DOCUMENTS: Developer's request with: Exhibit A: Oso Wastewater Treatment Plant Service Area I Master Plan Exhibit B: Preliminary Plat Sandy Creek Subdivision Exhibit C: Oso WWTP Service Area I Master Plan Realignment Amendment Ordinance Ordinance amending the Wastewater Collection System Master Plan OSO Wastewater Reclamation Plant (W.R.P.) Service Area, Area 1, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by realigning the proposed wastewater collection line to a location farther north and increasing the diameter of the line; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, October 22, 2014, regarding amendments to the Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, November 18, 2014, regarding amendments to the Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by realigning the proposed wastewater collection line to a location farther north and increasing the diameter of the line resulting in 2,405 linear feet of 12 -inch wastewater collection line running through Sandy Creek Subdivision public street right-of-way and approximately 1,000 linear feet running through 36.135 acres out of Lots 1 & 2, Section 27, Flour Bluff and Encinal Farm Garden Tracts, as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1, the Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1 is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Area 1, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DESCRIPTION rat o 4. ;AllilZlito NOTE: THE APPROVED WASTEWATER COLLECTION SYSTEM MASTER PLAN SHOWS 2,010 LF OF 10" PVC AND 1,050 LF OF 8" PVC FROM w '..o.lo SSMH-EXSTING-01 (SHOWN IN THIS EXHIBIT) APPROXIMATELY. o ' c,• 0 r FOR INTERIM REVIEW NOT FOR CONSTRUZIIR BIDDING CRAIG 13_THOMPSON 1 i 8.00' HOLLY ROAD _ NaismithEngineering,Inc ARCHITECTURE• ENGINEERING• ENVIRONMENTAL• SURVEYING 9501 GOLLINAR ROAD 600 W 8TH SUITE 300 789 E WASHINGTON 905 W POWER AVE CORP,pS(fi1lm, 00 " ,s"zroa'9322 "H::(96)591-11 70 55 PH:I80o1677-z331 01 DRAWN BY JPS CNECXED CELT AAP AMED Br CeT ll I iti nx .011 ti + r ,.IS y• r - Fill 'SAN N NINISERVICE ' DY CREEK SU BDIVISION AREA BOUNDARY AREAL - WOOLDRIDGE EAST LIFT STATION In mg N PROPOSED MASTERPLAN AMENDMENT r �' Oz w 0 IIIIIIII'5LF12PVCATO2O%I hill,WASTEWATER COLLECTION LINE j 111 . w .; 9■■■ ` EMI IID DATE AP PR_ DESCRIPTION 117 �� 0 w FLOUR BLUFF & ENCINAL FARM r y ..GARDEN ~� _ . �� EXISTING 12" PVC SANITARY SEWER TRACT UNDIVIDED INTEREST IN 36.135 ACRES OUT OF LOTS 1 & 2, SECTION 27 ,•` rimN _ WASTEWATER MASTERPLAN PROPOSED AMENDMENT EXHIBIT CORPUS CHRISTI, TX INV.1020 RIM 5 161INV kill lit Pill 6.00 x2,000 LF 1 T 0 29%ii _ _ A low _ .^.- APPROVED WASTEWATER COLLECTION SYSTEM MASTERPLAN OSO W.R.P. SERVICE AREA - AREA 1 0 33 '•� ; 35' WIDE DRAINAGE EASEMENT MASTERPLAN CHANNEL - WOOLDRIDGE PLACE FOR TRIBUTARY ❑ . ti _ t f ilo " - �_. 1 SHEET 1 OF 1 Exhibit A September 25, 2014 Naismith E ng i neeri ng,Inc ENGINEERING ■ ENVIRONMENTAL ■ SURVEYING • ESTABLISHED 1949 Leticia Kanmore, Project Manager City of Corpus Christ -Development Services 2406 Leopard Street Corpus Christi, TX 78408 Re: Master Plan Amendment Request Oso Wastewater Treatment Plant Collection System - Service Area 1 Service Boundary Area 1— Wooldridge East Lift Station Dear Ms. Kan more:: This letter is to serve as notice that Palm Land Investments, Inc. (PLI) intends to pursue a Master Plan Amendment to the Wastewater Collection System for Oso WWTP Service Area 1. The specific basin is Wooldridge East Lift Station within Service Boundary 1 and is depicted in Exhibit A. The approved Master Plan shows a service line to continue along the northern edge of the Drainage Easement for the Wooldridge Place Tributary from the southeastern corner of PLI's land. The collection line is shown as approximately 2,000 LF of 10" PVC and 1,050 LF of 8" PVC terminating approximately 200 ft. east of Rodd Field Road along the southern edge of the service boundary. PLI has an approved preliminary plat for Sandy Creek Subdivision with a street layout as shown on Exhibit B. PLI is proposing to route the collection line within the planned public street right-of-ways as shown on Exhibit C. PLI feels that since a wastewater line would be needed in this location that a master planned collection within the drainage easement would only be a duplication of lines and would reduce the overall maintenance requirement of this line. This alignment would also place the collection line in the middle of its remaining service boundary (north and south). In addition, the City may want to consider using a larger diameter line, possibly continuing the 12" PVC line, to increase the depth and insure all areas within the service boundary to tie in. If you have any questions, please let me know. We look forward to working with you on this development. Sincerely, NAISMITH ENGINEERING, INC. Craig B. Thomps n .E. Vice President Attachments: Exhibit A—Wastewater Collection System Master Plan — Oso W.R.P. Service Area - Area 1 Exhibit B — Approved Preliminary Plat for Sandy Creek Subdivision Exhibit C — Wastewater Master Plan Proposed Amendment Exhibit 2:\917$ - Sandycreek wastewater Collection Reimbursement\Submitted120140926 Sandy Creek Off -Site Letter,docx 4501 Gollihar Road. Corpus Christi, TX 78411 • 800-677-2831 361-814-9900 Fax 361-814-4401 • naismith-engineering.com N0TE5 1. LN0 USE CHARACTERISTICS WERE DETERSMEOFROM THE SOUTHS/OEAREA OEVELOPMENTPLAN, FEBRUARY 2100, FROM THE ADOPTED CORPUS CHRIS77FUTURE LAND USE MAP. MAY 24, 2005 (ORDINANCE 9028278) AN D THROUGH A RENEW MATH I DEVELOPMENT SERVICES STAFF ON JUNE& 2005 2 IN THE ABSENCE OF EXISTING FLOW DATA, RESIDEAR IAL FLOWS WERE ASSUMED TO BE 100GALCAP/DAYASPER 45E030 TAC 317.4 (a), DATED JANUARY & 2005 3 ASPER SOUTMSYDEARE DEVLW MENTPLAN, ONLY DEVELOPABLE LAND WAS CONSIDERED IN THE POPULAI70NPROJECTION CALCULATKNVS. 4 THE SERVICE AREAS WEREDEF/NED THROUGH D/SCUSSILWSW/IH CITY STAFF 5 ALL PIPE SIZES AND SLOPES MEET TCEO RULES AS ESTABLISHED IN 30 TAC 317, EFFECTIVE JANUARY 8, 2005 E. THE PEAKING FACTOR WAS CALCULATED USING INF HAROLD& B4BBD7FORMULA WINCH HAS BEEN IVORY USED INPREVIOUS AREA MASTER PLANS. 7. SOME MANHOLES ARE NOT SHOWN FOR CLARITY & THE SERVICE AREA WAS ASSUMED TO BEFULLYDEYELOPED 0 ALL OF 7HEELEVATION CONTOURS WERE DERIVED FROM THE CITY OF CORPUS CHRIST/ LIDAR DATA COLLECTED IN 2002 10 TO THE EXTENTPOSSIBLS TME UPSTREAM END OF ALL LATERALS SHALL HAVE MINIMUM DEPTH OF FEET 11. SOME LOCATIONS BELOW 10 FOOT ELEVATION (100 YEAR FLOOD MAIN/WY REQUIRE LOW PRESSURIMO PUMPING SYSTEMS TO BE PROVIDED BY PROPERTY OWNER. �r ! ,i CAYO DEL OSO r \ � LEGEND PROPOSED WASTEWATER UNE EASING WASTEWATER UNE — -�- — PROPOSED FORCEMAIN — ^��w-- EXISIING FORCEMAM EXISTING WASTEWATER ER L INES OUTSIDE OF AREA 1 — — — — SERVICE AREA BOUNDARY — • • — LIFT STARON INTERNAL BOUNDARY S1.13 AREA BOUNDARY ADJACENT SUB,BASINBOUNDARY BROWN AND CALDWELL NaoILNV ENGINEERING. engineers & consultants ORTATION• SURVEYING• MARINE U CONSTRUCTION MANAGEMENT CPI HR1511. TEX. 7.8.108 361)�]984 FA% 136 1) 883-1336 M MC CORPUS CWWWINVINC.COM CITY OF CORPUS CHRISTI TEXAS v = WASTEWATER DEPARTMENT Deportment of Engineering Services AUGUST 1, 2006 WASTEWATER COLLECTION SYSTEM MASTER PLAN OSO W.R.P. SERVICE AREA AREA 1 GRAPHIC SCALE 500" C SW TONG 1500' EXHIBIT 5 Exhibit A LJ�-ttvl LIME TREATED SUM.. - 6" FLEXIBLE BASE EVNEFZE UTILITY I 4 I 6 FLEXIBLE 'p TYPICAL LOCAL STREET IA) TYPICAL LOCAL STREET (L -1A) 8" LIME TREATED SUBGRADE 6. FLEXIBLE BASE uuE-2"TYPE OMAC I�unE TYPICAL LOCAL STREET- SECTION (L-113) PRELIMINARY PLAT OFF :.E SANDY CREEK TYPICAL LOCAL 5TREET- PLAN(5-15)PRIVATE DRAINAGE SWALE LOCATION MAP firpmewe 00-9-211 PLANNING COMMISSION RE -PLAT OF 60.18 ACRES OUT OF LOTS 3, 4 & 5, SECTION 27, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, CORPUS CHRISTI, NUECES COUNTY, TEXAS SW Tr 18"E 1984.08' VOL. 2955 PGS. L.' l�4 ^Y 20 0 )41 10 FLOUR BLUFFEt MM 5TRACT 1.412 ACS OUT OF LT 13 SEC 2/ 444 DI MOND 200 e H I 22 24 -35 WIDE DRAINAGE EASEMENT (VOL '9i2 LOT 45 43 42 41 40 I — — BLOC4 11 RNINGSTARESTATE'I. VOLUME 57 PAGE 330"' I z9 7 e9 2T 1 I 25 23 22 .GLUME 62 PAGE I '� ST HELENA CHURCH TRACT LOT 1, BLOCK 1 VOLUME 62, PAGE 143 MRN C T. 4'> 20 19 Exhibit B OF CORPUS CHRISTI, NUECES COLIN, TEXAS ) DESCRIPTION o - - AIlilZlitlr NOTE: THE APPROVED WASTEWATER COLLECTION SYSTEM MASTER PLAN SHOWS 2,010 LF OF 10" PVC AND 1,050 LF OF 8" PVC FROM w SSMH-EXSTING-01 (SHOWN IN THIS EXHIBIT) APPROXIMATELY. o ' •r ' o • o FOR INTERIM REVIEW NOT FOR BIDDING CRAIG D_THOMPSON 1 i 8.00' HOLLY ROAD _ ralNaismithEngineering,Inc ARCHITECNRE• ENGINEERING• ENVIRGNNENTAL•SHRVERNG 11'13176 'TX . "»"4 00"' PH: (512) Aa'9322 ": (956) 59.1155 PH:(SOO) 677-263 TEAE 9-13553 • TIME T355 MI PPG T30017 • TENT 9-100395-00 • NAISHITH-EHOINEERINSCON , CHECIOD EP CET APPROAED Br CET PROJECT ID M. DATE owzop NEMSION NO ll I 1, ti 44 . 1 { • I,1 t . 41 ti + r me y• w FillNINI N ' SANDY CREEK SUBDIVISION SERVICE AREA BOUNDARY AREAL - WOOLDRIDGE EAST LIFT STATION In mg , N PROPOSED MASTERPLAN AMENDMENT DATE AP PR_ DESCRIPTION IID DATE AP PR_ 11 im w r •• * Oz WASTEWATER COLLECTION LINE I - 3,405 LF 12" PVC AT 0.20% r w y;• 114 . • it FLOUR BLUFF & ENCINAL FARM y _ r ~ . _ . EXISTING 12" PVC SANITARY SEWER GARDEN TRACT UNDIVIDED E G INTEREST IN 36.135 ACRES OUT OF LOTS 1 & 2, SECTION 27 ,•` rim '''''k..4 M SSMH-07 WASTEWATER MASTERPLAN PROPOSED AMENDMENT EXHIBIT CORPUS CHRISTI, TX RIM 16 30 15 INV mm VINV 6.aa Alli 7 Pill _Pt gm 2,000 LF 10" PVC T 0 29% A Milt • �`{ APPROVED WASTEWATER COLLECTION SYSTEM MASTERPLAN a ' OAF RIM'PVC OSO W.R.P. SERVICE AREA - AREA 1 0 '•� ; - 'Iit 4 ,. .� 35' WIDE DRAINAGE EASEMENT W MASTERPLAN CHANNEL-OOLDRIDGE PLACE FOR TRIBUTARY o o o . - • i l ' 4 - • w r 1 w r ... •. , . i 0 •r no 1 SHEET 1 of 1 Exhibit C SANDY CREEK - PRELIMINARY AERIAL OVERVIEW MAP Amendment to the Wastewater Collection System Master Plan OSO W.R.P Service Area, Area I Palm Land Investment, Inc. City Council Meeting November 18, 2014 Aerial Overview At N Exhibit A N CAYO DEL OSO ' `:'IFINAL //�� CITY OF cORPLIS RISTI - WASTEWATER DEPARTMENT WASTEWATER COLLECTION SYSTEM MASTER PLAN OSO W.R.P. SERVICE AREA AREA 1 EXHIBIT 5 3 Exhibit B N n Mn PRELIMINARY PLAT OF SANDY CREEK EMNC -PLAT OF GOARACRES 047 Or LOTS I 5,4 & 5, SECTION 27. FLOUR SLUFF & [NON. FARM & GARDEN TRACES, CORPUS ENR151 , NUECES COUNTY, TEAS • •=',••IYIi IYI•..e a r t i a .�Y1 Pa Ill '11 .17 k2 _,9_ I±1 , :•CM A I,- • 'I Ail 1‘ &IA „4."„ Rpsm- L IplIS 12 i_ i,a t: /13 la l• la lat I IEFIie .. .. I_ 4;j1A 414141 1 1.' I �I m #1 _ g r a • �1 R a • • • 4 Exhibit C At N F• 11E4 rlIPTO NOTE: THE APPROVED WASTEWATER COLLECTION SYSTEM MASTER PLAN SHOWS 2,010 P 8' M ESMH-E%STING-01 (LFSHOOF IWN INPVC THISAND E%HI1BIT)050 APPRO%(LFOFPVCMATELYFRO. 4 rIF 417 Nit NaP.ORIDGE EAST STATION PROPOSED MASTERPLAN AMENDMENT WASTEWATER COLLECTION LINE SAM. IS PVC MAIOM • FLOUR BLUFF A MOWN:FARM GARDEN TRACT UNDMfDEE. INTEREST IN 36.135 ACRES PUT 01 LOT" &2, SECTION 27 APPROVED WASTEWATER COLLECTION SYSTEM MASTERPLAN.. OSO W.R.P. SERVICE AREA -AREA 11' .r* ASA 5 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 18, 2014 Second Reading for the City Council Meeting of December 9, 2014 DATE: October 27, 2014, TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of a utility easement out of a part of Lot 8, Blk. 1, Wildcat Industrial Park CAPTION: Ordinance abandoning and vacating a portion of an existing 60 -foot wide utility easement out of a part of Lot 8, Blk. 1, Wildcat Industrial Park, located north of the Sedwick Road public street right-of-way, and west of the Southern Minerals Road public street right-of-way; and requiring the owner, Scott Humpal, to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for the future development of the subject property. BACKGROUND AND FINDINGS: Scott Humpal (Owner) is requesting the abandonment and vacation of a a 138,490 -square foot portion (3.179 acres) out of a part of Lot 8, Blk. 1, Wildcat Industrial Park, located north of the Sedwick Road public street right-of-way, and west of the Southern Minerals Road public street right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the future development of the subject property. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be replatting said property and upon replatting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. The Owner must also comply with all the specified conditions of the abandon and vacate ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any facilities, or objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Ordinance abandoning and vacating a portion of an existing 60 -foot wide utility easement out of a part of Lot 8, Blk. 1, Wildcat Industrial Park, located north of the Sedwick Road public street right-of-way, and west of the Southern Minerals Road public street right-of-way; and requiring the owner, Scott Humpal, to comply with the specified conditions. WHEREAS, Scott Humpal ("Owner") has requested the abandonment and vacation of a portion of an existing utility easement out of a part of Lot 8, Blk. 1, Wildcat Industrial Park; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 18, 2014, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 138,490 -square foot portion (3.179 acres) of an existing 60 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Scott Humpal, ("Owner"), a 138,490 -square foot portion (3.179 acres) out of a part of Lot 8, Blk. 1, Wildcat Industrial Park, located north of the Sedwick Road public street right-of-way, and west of the Southern Minerals Road public street right-of-way, as recorded in Volume 67, Pages 126-127, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. c. Prior to the approval of the building permit and the permitting of any construction on the affected property, the Owners must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. e. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the ATTEST: Rebecca Huerta City Secretary day of , 20 Nelda Martinez Mayor STATE OF TEXAS COUNTY OF NUECES Field Notes of a closure of 3.179 acres of an existing 60' Utility Easement described in a deed recorded in Volume 1508, Page 394, Deed Records Nueces County, Texas, with a portion being out of Lot 8, Block 1, Wildcat Industrial Park, as shown on a map recorded in Volume 67, Pages 126 — 127, Map Records Nueces County, Texas, and a portion being out of the Scott Humpal 150.372 acre tract as described in a deed recorded in Document No. 2012044135, Deed Records Nueces County, Texas; and being more particularly described as follows: COMMENCING at a 5/8" iron rod found in the north right of way of Sedwick Road, for the southeast corner of the said 150.372 acre tract, THENCE S89°00'33"W, a distance of 570.00' to a point in the north right of way of Sedwick Road, for the southeast corner of the said existing 60' Utility Easement, and for the southeast corner of this closure, and for the POINT OF BEGINNING of this tract; THENCE with the north right of way of Sedwick Road, S89°00'33"W, a distance of 60.00' to a point in the north right of way of Sedwick Road, for the southwest corner of this closure; THENCE with the northeast line of the said existing 60' Utility Easement, N00°26'02"W a distance of 2241.05' to a point in the southeast line of the 3.50 acre Pathfinder Energy tract as described in a deed recorded in Document No. 2010039358, Deed Records Nueces County, Texas, and for the northwest corner of this closure; THENCE N24°00'24"E, a distance of 179.66' to a point in the southeast line of Lot 1, Block 1, Preston Park Addition, as shown on a map recorded in Volume 67, Page 63, Map Records Nueces County, Texas, and for the northeast corner of this closure, said point being a point of curvature of a curve to the left with a radius 160.00', from WHENCE a 5/8" iron rod found in the south right of way of Leopard Street, for the northeast corner of the said Lot 1, Block 1, Preston Park Addition, and for an outside corner of the said Wildcat Industrial Park bears N24°00'16"E, a distance of 461.63'; THENCE with said curve to the left a distance of 68.25 feet, with a chord bearing of SI1°47'07"W, and a chord distance of 67.73' to a point in the north right of way of Spindletop Road, and for an inside corner of this closure; THENCE with the southeast line of the said existing 60' Utility Easement, S00°26'02"W a distance of 2337.83' to the POINT OF BEGINNING of this easement, and containing 3.179 acres of land, more or less. Notes: 1.) Bearings are based on global positioning system NAD83 (93) 4205 datum. 2.) A Map of equal date accompanies this Metes and Bounds description. I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. 0naC1?G.f)rirabi- Ronald E. Brister, RPLS No. 5407 Date: August 22, 2014. JOB NO. 141393 EXHIBIT A SURVEY OF A CLOSURE OF 3.179 ACRES OF AN EXISTING UTILITY EASEMENT DESCRIBED IN A DEED RECORDED IN VOLUME 1508, DEED RECORDS NUECES COUNTY, TEXAS, WITH A PORTION BEING OUT OF LOT 8, BLOCK 1, WILDCAT INDUSTRIAL PARK, AS SHOWN ON A MAP RECORDED IN VOLUME 67, PAGES 126 - 127, MAP RECORDS OF NUECES COUNTY TEXAS, AND A PORTION BEING OUT OF THE SCOTT HUMPAL 150.372 ACRE TRACT AS DESCRIBED 1N A DEED RECORDED IN DOCUMENT NO. 2012044135, DEED RECORDS NUECES COUNTY, TEXAS. SCALE 1" = 400' CI R= 160.00 L=68.25 TAN=34.65 0.00=24'26'19" CB=S11°47'07"W, 67.73 Ll S24°00'16"W 461.63' L2 N24°00'24"E 179.66' (MEAS) O= 518' IRON ROD FOUND • = POINT 44/ LOTI,BLKI J / VOL 67, PAGE 63 M.R.N.C.T. 4 h/ Oct/� c.; �/4r .47Z31/ ROUG OAD REMAINDER OF SCOTT HUMPAL 150.372 ACRE TRACT OUT OF TRACTS 5, 6, & 7, H.L KINNEY SECTIONALIZED LANDS DOC. NO. 2012044135 D.R.N.C.T. / / / / / / / / / / / / C1 <FOp w• RO S�R� Ivey Fl • LOT 9, BLK 1 VOL 68, PAGE 127 M.R.N.C.T. LOT 8, BLK 1 VOL. 68, PAGE 127 M.R.N.C.T. 3.179 ACRES 138,490 S.F. 8 1.3 0 m 00 700 P O.B. nistuo HYiT'E. S89°00 33"W 60.00' (MEAS) SEDWICK ROAD 50 RIO1IT OF WAY 570.00' m SURVEY DA It Brister Surveying 4659 Everhart Suit< 100 Corpus Christi, Tezu 7841 I Off361-850-1800 Fiui 361-850-1802 Brist<rsurv<ying( 0<urpu.twdx.wm Firm Registration Nu. 111072800 EXHIBIT B AUGUST 22, 2014 JOB NO. 141393 NOTES: 1.) TOTAL SURVEYED AREA 1S 3.179 ACRES. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL postmIO 1i NG SYSTEM NAD 83 (93) 4205 DATUM. 3.) A METES AND BOUNDS DESCRIPPION OF EOUAL DATE ACCOMPANIES THIS SURVEY. "PHIS SURVEY DOES NOT INCLUDE THE RESEARCH, INVESTIGATION, OR LOCATIONS OF ALL SERVITUDES, EASEMENTS, RIGHT OF WAYS, OR UTILITIES ON THIS PROPERTY. 1, RONALD E. BRISTER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREIN 1S CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. RONALD E. BRISTER RP.LS. N0.5407 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 18, 2014 Second Reading for the City Council Meeting of December 9, 2014 DATE: October 27, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Amending Chapter 55-111 of the City Code of Ordinances regarding water service outside the City limits CAPTION: Ordinance to amend Chapter 55 of the City Code of Ordinances, regarding water contracts for customers located outside city limits but within the city's water service area. PURPOSE: The purpose of this item to revised the existing language that included details on future annexation requirements. It was determined that this language was not required. RECOMMENDATION: Approval of the revised language and amendment. BACKGROUND AND FINDINGS: The existing language has a requirement that the property owner would allow any future annexation. After legal review, it was determined that the language was not required. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and State law. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to amend Chapter 55 of the City Code of Ordinances, regarding water contracts for customers located outside city limits but within the city's water service area. Section 1. That Chapter 55 of the City Code of Ordinances, Section 55-111, titled "Contract requirements where land is partly or wholly beyond city", is revised. The new language is shown in underlined text and the deleted provisions are shown in struck through text, both as follows: ARTICLE VIII. WATER SERVICE OUTSIDE CITY Sec. 55-110. Land of applicant must be platted. Except as hereinafter provided, every lot, parcel or tract of land outside of the city limits for which application for water service is made to the city must be platted in accordance with the platting ordinance of the city and the final plat thereof duly filed in the Nueces County Plat Records, or in the plat records of any other county where the said property, whether lot, parcel or tract, lies, if not within Nueces County. (Code 1958, § 38-61; Ord. No. 11139, § 2, 11-1-1972; Ord. No. 12281, § 2, 9-25-1974) Sec. 55-111. Contract requirements where land is partly or wholly beyond city. Prior to construction which includes delivery of city water to any property which lies partly or wholly beyond the corporate limits of the city, an application must be submitted to Development Services Department for a written service contract between the city and all owners and record mortgagees and lienholders of such property shall to be entered into whereby said owners, mortgagees and lienholders agree: (1) To construct all improvements on such property in accordance with all city codes and regulations and to obtain all city permits as though said property were inside the city, and (2) To allow inspections of all of such construction by duly authorized inspectors or representatives of city departments charged with enforcement of said codes, and (3) To annex said property with the effective date of such anncxation being the datc when the property becomes adjacent to the city limits, or will becomc adjacent to the city limits by any type of simultaneous annexation of other propertics or at a later datc to be solely determined by the city council. Every such executed contract shall be filed with the city secretary prior to delivery of water by the city and filed of record in the county deed records by the owners, mortgagees and lienholders and shall continue in effect until annexation to the city has been completed. Provided, however, that neither platting nor such contract shall be required wherever such property to be served is the subject of an industrial district agreement. in excess, (5) acres and not less than five (5) acres thereof is principally used for port related industry, tonnage through the Port of Corpus Christi, adds value to the product which is processed, would only be allowed inside the city limits of Corpus Christi in Zoning District "I 3", "IH" and provides for itself almost all services normally provided by city. Platting, however, will be required if the tract involved has resulted from a division of land which was legally required to have been platted when such division occurred. At any time when the use of such property is materially changed, as solely and finally determined by the city council, the owners, mortgagees and lienholders, their successors and assigns shall be required to enter into a water service contract within thirty (30) days, containing such additional terms and conditions as the city council may specify, to bring any existing improvements on said property into compliance with all applicable codes within such period of time as the city council deems practicable. As to any improvement, the applicable codes shall be those in effect at the time of commencement of such improvement. In the event such contract is not made within thirty (30) days, city water service shall be terminated by order of the city council. Upon becoming effective, these provisions shall apply to all new customers outside the city. Land owned by governmental entities may be excused from the contractual obligation to be platted or annexed as set out in this article, as determined in the discretion of the city council. (Code 1958, § 38-62A; Ord. No. 11139, § 2, 11-1-1972; Ord. No. 12281, § 2, 9-25-1974; Ord. No. 14720, § 1, 1-17-1979; Ord. No. 21843, § 1, 1-4-1994) Section 2. This ordinance takes effect upon date of final City Council approval. Publication shall be provided as required by the City Charter. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: November 7, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning for Residential and Neighborhood Commercial uses For MVR Construction Company Property Address: 10125 Up River Road CAPTION: Case No. 1114-01 MVR Construction Company: A change of zoning from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 District on Tract 1; and from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 2. The property is described as Tract 1: Being 14.47 acres out of Tract 3, McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision Unit 2; and Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition, located along the east side of Deer Run Drive and south of Up River Road. PURPOSE: The purpose of this item is to rezone the properties to allow the construction of a single- family home subdivision and neighborhood type commercial businesses. RECOMMENDATION: Planning Commission and Staff Recommendation (November 5, 2014): Approval of the change of zoning from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single - Family 4.5 District on Tract 1; and from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District on Tract 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 District on Tract 1; and from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District on Tract 2. The applicant plans to develop the properties into a single-family subdivision and neighborhood type commercial business. The proposed rezoning would not negatively impact the surrounding residential properties and the property to be rezoned is suitable for low density residential and neighborhood commercial uses. The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. ALTERNATIVES: Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is within the boundaries of the Northwest Area Development Plan and the proposed rezoning is not consistent with the adopted Future Land Use Plan, which slates the property for medium density residential uses. Although inconsistent with the Future Land Use Plan, the rezoning to a lower density residential use would be appropriate for this location and is consistent with the surrounding residential properties. Therefore, this rezoning is consistent with The Comprehensive Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by MVR Construction Company ("Owner"), by changing the UDC Zoning Map in reference to Tract 1: Being 14.47 acres out of Tract 3, McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision Unit 2 and Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition from the "CN -1" Neighborhood Commercial District, "RS -6" Single - Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single - Family 4.5 District on Tract 1; and from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 2 amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of MVR Construction Company ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 5, 2014, during a meeting of the Planning Commission, and on Tuesday, December 9, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by MVR Construction Company ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zonings on Tract 1: Being 14.47 acres out of Tract 3, McKinzie Partition and a portion of Lot 2, Block 7, Maple Hills Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision Unit 2 and Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition, located along the east side of Deer Run Drive and south of Up River Road (the "Property"), from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single - Family 4.5 District on Tract 1; and from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 060049), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property and Exhibit "B", which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor Ordinance_1114-01 MVR Construction Company 11042014 TexasGeoTech LAND SURVEYING, INC. EXIIIBIT "A" TRACT 1 CURRENT ZONING AND USE - CN -1, RS -6, RSTF AND VACANT TRACT I PROPOSED ZONING AND USE- RS -4.5 Being a 14.47 acres (630313.2 Sq. Ft.) of land more or less, out of Tract 3, Mckinzie Partition, recorded in Volume 1450, Page 514, Deed Records Nueces County Texas and being a portion of Lot 2 Block 7, Maple Hills Subdivision Unit 2, as shown on the Plat or Map recorded in Volume 61, Page 72, Map Records of Nueces County, Texas and all of Lot 4 Block 7, Maple Hills Subdivision Unit 2, as shown on the Plat or Map recorded in Volume 64 Pages 144- 145, Map Records of Nueces County, Texas, and a portion of a called 14.962 acre tract conveyed to MVR Construction Company, recorded under document No. 2013054702 Official Public Records of Nueces County, Texas and all being out of the F. W. Shaeffer Survey No. 417, Abstract No. 571, F. W. Shaeffer Survey No. 419, Abstract No. 570 and the A. E. Spohn Survey No.422, Abstract No. 850, situated in Corpus Christi, Nueces County Texas, and being more fully described by metes and bounds as follows: BEGINNING at a 5/8inch steel rebar found in the east right of way line of Deer Run Drive (60' ROW), at the northwest corner of Lot 3 and the southwest corner of Lot 4, of said Maple Hills Subdivision Unit 2 and also being an upper west corner of this herein described tract, THENCE: N 08°55'42" E with the east right of way line of said Deer Run Drive and the west line of said Lot 4, of said Maple Hills Subdivision Unit 2, and a westerly line of this herein described tract a distance of 391.75 feet, to a 5°8 inch steel rebar found at the beginning of a circular curve to the right; THENCE: in a northerly direction with the east right of way line of said Deer Run Dr. and the west line of Lot 4 and Lot 2, of said Maple Hills Subdivision Unit 2, and a circular curve to the right having a Central Angle of 07°03'36", a Radius of 501.71 feet, an Arc Length of 61.82 feet, and a Chord that Bears N 13°01'31" E, 61.78 feet to a point for the northwest corner of this herein described tract; THENCE: S 76°53' 18" E across and into said Lot 2, with a northerly line of this herein described tract a distance of 260.02 feet to a point in the west line of said 14.962 acre tract and the east line of said Lot 2 for a northeasterly corner of this herein described tract; THENCE: S 08°58'03" W with the west line of said 14.962 acre tract and the east line of said Lot 2 and Lot 4, and an easterly line of this herein described tract, a distance of 216,99 feet to a point; THENCE: S 81°04'16" E across and into said 14.962 acre tract, with a northerly line of this herein described tract a distance of 450.86 feet to a point in the west line of a called 19.758 acre conveyed to William E. Mckenzie Jr. Family LTD Partnership, as recorded under Document No. 2010040869, Official Records of Nueces County, Texas, for a northeasterly corner of this herein described tract; THENCE: S 08°56'28" W with an easterly line of this herein described tract and the west line of said 19.758 acre tract, a distance of 1137.13 feet to a 5/8 inch steel rebar found in the north line of Block 1, Highway Village Section 1, as recorded in Volume 11, Pages 54-55, Map Records ofNueces County, Texas, for the southwest corner of said 19.758 acre tract and the southeast corner of this herein described tract; THENCE: N 81°04'16" W with the north line of said Block 1, Highway Village Section 1, and a southerly line of this herein described tract a distance of 450.47 feet, to a 5/8 inch steel rebar found for the southeast corner of Maple Hills Subdivision Unit 4, as recorded in Volume 65, Page 138, Map Records of Nueces County, Texas, for the southwest corner of this herein described tract; THENCE: N 08°56'10" E with the cast line of said Maple Hills Subdivision Unit 4, and Unit 2, and a westerly line of this herein described tract, a distance of 919.95 feet, to a 5Sinch steel rebar found at the northeast corner of Lot 3, of said Maple Hills Subdivision Unit 2, for an interior corner of this herein described tract; THENCE: N 81°03'52" W with the north line of said Lot 3, an interior line of this herein described tract, a distance of 263.52 feet to the POINT OF BEGINNING and containing 14.47 acres (630313.2 Sq. FL) of land more or less, TRACT 11, CURRENT ZONING AND USE — RS -6 AND VACANT TRACT II, PROPOSED ZONING AND USE- CN -1 Being 2.86 acres (124594.90 Sq. Ft.) of land more or Tess, being out of Tract 3, Mckinzie Partition, recorded in Volume 1450, Page 514, Deed Records Nueces County Texas and also being out of the F. W. Shaeffer Survey No. 417, Abstract No. 571, F. W. Shaeffer Survey No. 419, Abstract No. 570 and the A. E. Spohn Survey No.422, Abstract No. 850, situated in Corpus Christi, Nueces County Texas, being a portion of a caIIed 14.962 acre tract conveyed to MVR Construction Company, recorded under document No. 2013054702, Official Public Records ofNueces County, Texas; BEGINNING at a 5/8inch steel rebar found in the southwest right of way line of Up River Road (60' ROW), at the northeast comer of Lot 2, Maple HiIIs Subdivision Unit 2, as shown on the Plat or Map recorded in Volume 61 Page 72, Map Records of Nueces County, Texas, and also being the northwest corner of said 14.962 acre tract and this herein described tract; THENCE: S 63°17'06" E with the southwest right of way line of said Up River Road and the northeast line of said 14.962 acre tract and this herein described tract, a distance of 473.19 feet to a found 5.'8 inch steel rebar found for the northeast corner of said 14.962 acre tract and this herein described tract and also being the northwest corner of a called 19.758 acre tract conveyed to William E. Mckenzie Jr. Family LTD Partnership, as recorded under Document No. 2010040869, Official Records ofNueces County, Texas; THENCE: S 08°56'28" W with the east line of this herein described tract and the west line of said 19.758 acre tract, a distance of 204.04 feet to a point for the southeast corner of this herein described tract; THENCE: N 81°04'16" W across and into said 14.962 acre tract, with the south line of this herein described tract, a distance of450.86 feet to a point in the east line of Lot 4 Block 7, Maple Hills Subdivision Unit 2, as shown on the Plat or Map recorded in Volume 64 Pages 144- 145, Map Records of Nueces County, Texas„ for the southwest corner of this herein described tract; THENCE: N 08°58'03" E with the east line of said Lot 4 and said Lot 2 of said Maple Hills Subdivision Unit 2 and the west line of this herein described tract, a distance of 348.58 feet to the POINT OF BEGINNING and containing 2.86 acres (124594.90 Sq. Ft.) of land more or Tess. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDLVATES}STEM NAD83 TEXAS SOUTH ZONE. THIS SURVEY WAS PERFORMED UNDER AfY DIRECT SCS PER J1SION AND 1S TRUE AND CORRECT TO THE REST OF MI' KNOWLEDGE AND BELIEF at eeetv..4- Joseph B. Crosby, RPLS # 5566 SEPTEMBER 23, 2014 2 S76 P.O.8. /TRACT I REILUNDER LOT 2 '1 2600.4. R-541.71' A-61.132' CreN13101'31"E el -703'36'4.4 N61-03 ea 41P.0.8.g TRACT II t) F9. CURRENT ZONING AND USE- RS -6 PROPOSED ZONING AND USE- CN -1 s TRACT u 2.66 Acres. 124594.90 Sq.& N61 U•orw 1 CURRENT ZONING AND USE- CN -1 RS -6 AND RSTF PROPOSED ZONING AND USE -RS -4.5 TRACT 1 14.47 Avec 630313.20 Sq.R. 32 w 263.52 w \\\\ %1 U\�1 :14\ • tity••,\,c. V.>• 00 1\ c• • \� \ TEXAS GEC) TECH LAND SURVEYING, INC 5625 S. STAPLES SUITE 32 CORPUS CHRISTI. TEXAS 78411 (361) 993-4848 Fax (361) 993-2955 EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION Scale: 1" = 200' feet Aerial Overview to ubjeci Properties ij; NVEti;;4 Wig ilia CM Hl; :51 Ll MAUR log maivai_r lb -EA" u�'rrrrrr� irrrr� Ili, goti 4„...emva. A. �MN1 yr ▪ rr�i�:11:61"11:77)41111:11::figi mIj �Tf �YY�I�Io !�� i.�a.n.q,i�+ir. ay� � 1 Wswir iii v�• � m reA,' —"'�lit '1 ' Q.=_ loll id Im sat wPwr 1 Aerial y>> 2/ \kk i . ©1■■»9.: , �a 3 °6 = Z t/Z i \ ' ' 2 PLANNING COMMISSION FINAL REPORT Case No.: 1114-01 HTE No. 14-10000038 Planning Commission Hearing Date: November 5, 2014 Applicant/Owners: MVR Construction Company Legal Description Tract 1: Being 14.47 acres out of Tract 3, McKinzie Partition and a portion of Lot 2 Block 7, Maple Hills Subdivision Unit 2 and all of Lot 4, Block 7, Maple Hills Subdivision Unit 2. Tract 2: Being 2.86 acres out of Tract 3, McKinzie Partition. Location: Along the east side of Deer Run Drive and south of Up River Road. Zoning Request Tract 1: From: "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District To: "RS -4.5" Single -Family 4.5 District Area: 14.47 acres Purpose of Request: To allow the construction of a single-family subdivision. Tract 2: From: "RS -6" Single -Family District To: "CN -1" Neighborhood Commercial District Area: 2.86 acres Purpose of Request: To allow neighborhood commercia type businesses. Existing Zoning District Existing Land Use Future Land Use Site Tract 1: "CN -1" Neighborhood Commercial, "RS -6" Single -Family 6, "RS -TF" Two -Family Tract 2:"RS-6" Single - Family Tract 1: Vacant Tract 2: Vacant Tract 1: Low Density Residential, Medium Density Residential and Commercial Tract 2: Low Density Residential North "CN -1" Neighborhood Commercial &"RS -6" Single -Family 6 Vacant Commercial South "RS -6" Single -Family 6 Low Density Residential Low Density Residential East "RS -6" Single -Family 6 Vacant Medium Density Residential and Commercial West "RS -6" Single -Family 6 and "RS -TF" Two -Family Low and Medium Density Residential and Public/ Semi - Public Low and Medium Density Residential and Public/ Semi - Public Case # 1114-01 MVR Construction Company 08 N c o E a o 5 Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP) and is planned for low and medium density residential uses. The proposed change of zoning to is partially consistent with the adopted Future Land Use Plan. Map No.: 060049 Zoning Violations: None Transportation and Circulation: The area to be rezoned has access to Deer Run Drive and Up River Road, which the Urban Transportation Plan shows as an 01 Collectors. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Up River Road and Deer Run Drive 01 Collectors Existing 70' ROW 50' paved Not Available Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 on Tract 1 to allow construction of single-family dwellings and from the "RS -6" Single -Family District to the "CN -1" Neighborhood Commercial District on Tract 2, which would result in an expansion of the current "CN -1" Neighborhood Commercial District to the immediate west of the property to allow neighborhood commercial type businesses. Development Plan: Tract 1: The applicant plans to develop the 14.47 acre property for a single- family residential subdivision. The proposed development will consist of 77 single-family residential lots. The minimum development standards for the "RS -4.5" Single -Family 4.5 District are 4,500 square foot lots, 45 -foot lot widths and 20 -foot front yard setbacks. The development plan proposes four local streets with access to Deer Run Drive. Street dedication and construction for the local streets will be a platting requirement as well as meeting infrastructure requirements of all master plans. Tract 2: The applicant plans to develop the 2.86 -acre property to allow neighborhood commercial type businesses with access to Up River Road. Existing Land Uses & Zoning: The subject property is undeveloped land. North and east of the subject property is property zoned "RS -6" Single -Family 6 District and is Case # 1114-01 MVR Construction Company currently vacant. South of the subject property is zoned "RS -6" Single -Family 6 District with low density residential dwellings. West of the subject property is zoned "RS -6" Single - Family 6 and "RS -TF" Two -Family District with a primary public school. AICUZ: The subject property is not located in a Navy Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject properties are within the boundaries of the Northwest ADP and the proposed rezonings are not consistent with the adopted Future Land Use Plan, which slates parts of the properties for medium density residential use and low density residential use. Although inconsistent with the Future Land Use Plan, the rezoning to a lower density residential use and neighborhood commercial use would be appropriate for this location and is consistent with the surrounding residential and commercial properties. Therefore, this rezoning is consistent with the Comprehensive Plan. Department Comments: • The proposed rezoning would not negatively impact the surrounding properties and the property to be rezoned is suitable for the proposed uses. • The proposed rezoning is compatible with the present zoning and conforming uses of nearby properties and to the character of the surrounding area. Planning Commission and Staff Recommendation: Approval of the change of zoning from the : "CN -1" Neighborhood Commercial District, "RS -6" Single -Family 6 District, "RS -TF" Two -Family District to the "RS -4.5" Single -Family 4.5 on Tract 1 and from the "RS -6" Single -Family District to the "RS -6" Single -Family 6 District on Tract 2. Notification Number of Notices Mailed — 66 within 200 -foot notification area; 6 outside notification area As of November 17, 2014: In Favor — 3 inside notification area; 0 outside notification area In Opposition — 1 inside notification area; 1 outside notification area For 0.20% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 1 Case # 1114-01 MVR Construction Company UPI waft sits gniItli4 SUBJECT PROPERT 400 80Feet \ Department Oate,Creai: 10/17 PFepareelley: ;EAR •YF Development Sett4es 14 CASE: 1114-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 HeIghborhood Commercial CR -1 Resort COMMemlal CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial 080 Downtown Commercial CR -a Resort Commercial FR Fann Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy industrial PU0 Planned Unl 0ev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 R5-4.5 Single -Family 4.6 RS -TF Teo-FernIly 66-16 Single -Family 15 RE Residential Estate RS-TH TLWnhouse SP special Permit RV Recreational Vehicle Party RMH Manufactured Home Subject Propel tb 200 boxer 0,°,= 4 Owners within 200'lerban V Owner? attached ownership fable A. on appvsihen SUBJECT ;RO_P-_ERW LOCATION MAP City of Corpus Christi �¢d1"A AL4 P$T 0 gA �L�,4a �y0B5 Case # 1114-01 MVR Construction Company CURVE DATA CHART NUMBER 0 Q 0 T°1032' Q5 19.39'5^ 90'004? DELTA 109 0419' 47.30'53 2]97218' RADIUS TANGENT 10.0 33.40 365 15.82 552 4922 LEP 25 581.91' 32.01' 50.2 7.32 10.2 10.00 00°1014" 202 20.02 09'55"14" 901.10 43,50 53.1168" 90.7 2582 Q' 90'1994' 49.9? 50.01 78 6 ALL RADIUS DIMENSIONS ARE AT RO.w. AND JQ, STREET CENTERLINE 5.7„ e4, vgl< I1P 1,2 „n! =e I fl r PF g« rie.1. DEED REMUS Cr MULES GEM, $� gV ' Q4 la' z..CI S B �UF'DM ARE9ii n°uu x 1y. i3 s, 49 & j 51 w�'b T a1 n o !i 5 r •. 0 r i o �I f o 5 24 al .o.q 1 e �2. 1 E 8r E3 r 5 i I I '�Pq. ° r I 1 122 21 11 ' O I 1^ ' r i r. E BI $17,, 16 a �l Rl �11 re »f f , . ) 1+ 1 ori j 5W°, 1 b 2 oro 7 25 F r i 1 II I 'Nr I sao" - I&1 I lreowrs rl f I .leis c 4"`sT 8f f '15 zs,'rs i.a Af I 14 r I I j ^i l !� � r e1• Rr ' 11,1 In� 15s it 1¢n [ 1 L :,2 1 217 ' I I L r r_ 4 7 1ra�n; ii Qa, 36f04'16•E -- __J 41.5x• F 3 SPE4191G9CHE SURFACE T HOT PRIME COAT: 45- BASE CT , SD90RAOE:SLAP AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: November 11, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Farm -Rural to Residential Estate For Benjamin Bearden and Karri Davis Property Address: 1728 Rand Morgan Road CAPTION: Case No. 1114-04 Benjamin Bearden and Karri Davis: A change of zoning from the "FR" Farm -Rural District to "RE" Residential Estate District. The property is described as being a 1.62 -acre tract of land out of the original 58.07 -acre F.J. Picha Tract, located on the east side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. PURPOSE: The purpose of the rezoning is to allow construction of a single-family dwelling unit. RECOMMENDATION: Planning Commission and Staff Recommendation (November 5, 2014): Approval of the change of zoning from the "FR" Farm -Rural District to "RE" Residential Estate District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm -Rural District to the "RE" Residential Estate District to allow the construction of a single-family dwelling unit on a 1.62 acre lot. Directly to the south of the property there are two lots being used as residential estates, which are lots between one to five acres. One of the lots directly abuts the subject property and has an existing single-family dwelling unit, while the other lot is vacant. Directly to the west of the property is the Northwest Crossing Unit 1 subdivision which is low density residential and zoned "RS -4.5" Single -Family 4.5 District. Approximately 345 feet further south on Rand Morgan is the McNorton Subdivision which is low density residential. Directly to the east is vacant land zoned "FR" Farm -Rural District. The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The proposed rezoning would not have a negative impact on the surrounding neighborhood. ALTERNATIVES: Deny the request OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This rezoning is not consistent with the Comprehensive Plan and the Port/Airport/Violet Area Development Plan. The area is slated for the transition of residential to light industrial uses. However, the existing residential estate lots are bigger lots with more open space which allow for the transition of the future land uses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview of Map Zoning Report with Attachments Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Benjamin Bearden and Karri Davis, ("Owners"), by changing the UDC Zoning Map in reference to a 1.62 -acre tract of land out of the original 58.07 -acre F.J. Picha Tract, from the "FR" Farm -Rural District to the "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Benjamin Bearden and Karri Davis, ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 5, 2014, during a meeting of the Planning Commission, and on December 9, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Benjamin Bearden and Karri Davis, ("Owners"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 1.62 -acre tract of land out of the original 58.07 - acre F.J. Picha Tract, located on the east side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road, (the "Property"), from the "FR" Farm -Rural District to the "RE" Residential Estate District (Zoning Map No. 058046), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: City Secretary Rebecca Huerta Nelda Martinez Mayor Ordinance_1114-04 Benjamin Bearden and Karri Davis.docx Page 2 of 2 LEGAL DESCRIPTION 1.62 ACRE TRACT EXHIBIT "A" BEING a 1.62 acre tract out of the original 58.07 acre F. J. Picha Tract, described in Volume 326, Page 87, Deed Records, Nueces County, Texas, said 1.62 acre tract being the same tract described in Document Number 2014019930, Deed Records, Nueces County Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found for the northwest comer of said 1.62 acre tract, same being the southwest corner of a 1.615 acre tract, as recorded in Volume 1912, Page 901, Deed Records, Nueces County, Texas and lying on the east right-of-way of Rand Morgan Road. THENCE North 89°17'34" East, along the north line of said 1.62 acre tract, a distance of 423.28 feet to a 5/8 inch iron rod found for the southeast comer of said 1.615 acre tract, same being the northeast corner of the herein described tract; THENCE South 00°42'26" East, with the east line of said 1.62 acre tract, same being the west line of a 25.628 acre tract, as recorded in Document Number 2010036915, Deed Records, Nueces County, Texas, a distance of 166.24 feet to a calculated point, from which a found 5/8 inch iron rod bears South 51°35'54" West, a distance of 0.51 feet, said calculated point being the southeast comer of the herein described tract; THENCE South 89°17'34" West, with the south line of said 1.62 acre tract, a distance of 422.98 feet to a 5/8 inch iron rod found for the northwest corner of said 1.615 acre tract, same being a point on the east right-of-way of Rand Morgan Road, and being the southwest corner of the herein described tract; THENCE North 0048'38" West, with the east right-of-way of Rand Morgan Road, same being the west line of said 1.62 acre tract, a distance of 166.24 feet to the POINT OF BEGINNING and containing 1.62 acres. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983 (CORS2011) EPOCH 2010. �r. k'Iq Stacey King Mora, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. 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M..9£ .94 00N (M o21 .006) Z6ZZ VIA / OVON NV02IO1/4 ONVH SJ X1 .0.N -LEN '0d 'N -10A 4)100183'n st 1 11N f1 ONISSOLI0 193 14180N o is Z 5 0 Aerial Overview '-iww "61111M1 1111111INIVZIOISI E13:10 MN* 41 '14111111111M lIIIMIIIII 11111111111111111 'al 4- z PLANNING COMMISSION FINAL ZONING REPORT Case No.: 1114-04 HTE No. 14-10000041 Planning Commission Hearing Date: November 5, 2014 Applicant & Legal Description Applicant/Owner: Benjamin Bearden and Karri Davis Legal Description/Location: Being a 1.62 -acre tract of land out of the original 58.07 -acre F.J. Picha Tract, located on the east side of Rand Morgan Road between Goodnight Loving Trail and McNorton Road. Zoning Request From: "FR" Farm -Rural District To: "RE" Residential Estate District Area: 1.62 acre Purpose of Request: To allow construction of a single-family dwelling unit. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm -Rural Vacant Light Industrial North "FR" Farm -Rural Vacant Light Industrial South "FR" Farm -Rural Residential Estate Light Industrial East "FR" Farm -Rural Vacant Light Industrial West "RS -4.5" Single Family Residential Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for light industrial uses. The proposed rezoning to the "FR" Farm -Rural is not consistent with the adopted Future Land Use Plan. Map No.: 058046 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 167 feet of frontage along Rand Morgan Road, which is a secondary arterial street. Zoning Report Case #1114-04 Benjamin Bearden and Karri Davis Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Rand MorganStreet Road Secondary Arterial 100' ROW 80' paved 100' ROW 80' paved 6,094 Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm -Rural District to "RE" Residential Estate District to allow construction of a single family residential dwelling on a 1.62 -acre. Development Plan: The proposed project will consist of a single family dwelling unit on a 1.62 acre lot. Directly to the south of the property there are 2 lots being used as a residential estates. One of the lots directly abuts the subject property and has an existing single dwelling unit, while the other lot is vacant. Directly to the west of the property is the Northwest Crossing Unit 1 subdivision which is low density residential. Approximately 345 feet further south on Rand Morgan is the McNorton Subdivision which is low density residential. Directly to the east is vacant land zoned "FR" Farm - Rural District. Existing Land Uses & Zoning: North of the subject property is vacant and zoned "FR" Farm -Rural District. South of the subject property is a residential estate zoned "FR" Farm -Rural District. West of the subject property is low density residential zoned "RS - 4.5" Single Family 4.5 District. East of the subject property is vacant land zoned "FR" Farm -Rural District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan (ADP) Consistency: The proposed change of zoning is in the Port/Airport/Violet Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for the transition of residential to light industrial uses. Department Comments: • This rezoning is not consistent with the Comprehensive Plan and the Port/Airport/Violet Area Development Plan. The area is slated for the transition of residential to light industrial uses. However, the existing residential estate lots are bigger lots with more open space which allow for the transition of the future land uses. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. The existing surrounding neighborhood is low density residential. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Zoning Report Case #1114-04 Benjamin Bearden and Karri Davis Page 3 • The proposed rezoning would not have a negative impact on the surrounding neighborhood. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "FR" Farm -Rural District to "RE" Residential Estate District. Notification Number of Notices Mailed — 20 within 200' notification area; 1 outside notification area As of November 14, 2014: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) For 0.00% in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\Legistar\2014 CC Agenda Items \12-9-2014\1114-04 Benjamin Bearden and Karri Davis\Zoning Report - Benjamin Bearden and Karri Davis.docx RS - M ti 6 ti ti ti ti ti ti GOODNIGHT liOVING'TR 41 N N A N n , N ry N � N ,74 Q' N Fl .5 M a M 0 , M 1 M 4 M 0 0 ti RS 6 ti SPANISH TRL N 4 5 • 12 10 400 RAND'MORGAN'RD FR 2 1 8 SUBJECT PROPERTY C N"- 1 RS 6 O —C -G 1 MCNORTON RD 800 Feet Date Created: 10/2012014 Prepared By: LARRYF Department of Devblopment Services CASE: 1114-04 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP 0 City of Corpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: November 7, 2014 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Rezoning from Farm Rural to Single Family For Related Investors, Ltd. Property Location: Rancho Vista Subdivision, South of Yorktown Boulevard, East of Rodd Field Road. CAPTION: Case No. 1114-03 Related Investors, Ltd.: A change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, not resulting in a change to the Future Land Use Plan. The property is described as being 13.18 acres out of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Idle Hour Drive. PURPOSE: To rezone the property to allow construction of a single-family residential subdivision consisting of 57 units. RECOMMENDATION: Planning Commission and Staff Recommendation (November 5, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District to allow construction of a single-family residential subdivision consisting of 57 units. The proposed rezoning is consistent with the adopted Future Land Use Plan and will not negatively affect the neighborhood. The property to be rezoned is considered to be suitable for the residential use. ALTERNATIVES: 1. Approve the Planning Commission/Staff recommendation. 2. Deny the requested rezoning. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed change of zoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low-density residential use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Aerial Overview of Map Zoning Report Ordinance Ordinance amending the Unified Development Code ("UDC"), upon application by Related Investors, Ltd. ("Owner"), by changing the UDC Zoning Map in reference to a 13.18 -acre tract of land out of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Related Investors, Ltd. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 5, 2014, during a meeting of the Planning Commission, and on Tuesday, December 9, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Related Investors, Ltd. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 13.18 -acre tract of land out of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), located east of Rodd Field Road and south of Idle Hour Drive, from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District (Zoning Map No. 042029), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 1114-03 Related Investors, Ltd. -Ordinance Page 2 of 2 Exhibit A 13.18 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 39319.84.11 September 16th, 2014 Fieldnotes, for a 13.18 Acre Tract, of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, of the Map Records of Nueces County, Texas; said 13.18 Acres, being more fully described by metes and bounds as follows: Commencing, on the common line of Lot 28 and Lot 29, Section 25, of the said Flour Bluff and Encinal Farm and Garden Tracts, for the South corner of Lot 20, Block 14, Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, of the said Map Records; Thence, South 28°42'09" West, with the said common line, at 198.15 feet, pass the North comer of Lot 5, of the said section 24, the East corner of the said Lot 4, the West comer of the said Lot 28 and the South corner of the said Lot 29, continue with the common line of the said Lot 5 and the said Lot 4, in all 273.15 feet, to the Point of Beginning and East corner of this tract; Thence South 28°42'09" West, continuing with the common line of the said Lot 4 and Lot 5, 462.48 feet, for the South comer of this tract Thence, with the boundary of this tract as follows: • South 82°01'10" West, 845.02 feet; • North 04°29'28" East, 55.43 feet, for a corner of this tract and the beginning of a circular curve to the left, having a radius point which bears North 85°30'32" West, 1030.00 feet, a central angle of 01°41'03", a radius of 1030.00 feet, a tangent length of 15.I4 feet and an arc length of 30.28 feet • With the arc of the said circular curve to the left, 30.28 feet, for a corner of this tract • North 00°38'33" West, 123.94 feet, for a comer of this tract and the beginning of a circular curve to the left, having a radius point which bears South 85°54'29" West, 1030.00 feet, a central angle of 08°18'40", a radius of 1030.00 feet, a tangent length of 74.84 feet and an arc length of 149.41 feet; • With the arc of the said circular curve to the left, 149.41 feet, for a comer of this tract • North 12°24'11" West, 17.48 feet • North 12°28' 13" West, 124.01 feet, for a corner of this tract and the beginning of a circular curve to the right, having a radius point which bears North 81°48'56" East, 565.38 feet, a central angle of 08°26' 10", a radius of 56538 feet, a tangent length of 41.70 feet and an arc length of 83.25 feet; • With the arc of the said circular curve to the right, 83.25 feet, for a comer of this tract; • North 82°01'10" East, 526.81 feet; S:ISurveying1393191841110FF10EIMETES AND BOUNDS103931913411-I3.18Ac.doc Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISII,TEXAS 78404 www,urbaneng.com TBPE Firm #145 TBPLS Firm #10032400 FAX (361)854-6001 • North 28°42'09" East, 170.73 feet; • South 61°17'51" East, 579.24 feet, to the Point of Beginning, containing 13.18 acres (574,188 Square Feet) of land, more or less. Bearings are based on the recorded plat of Rancho Vista Subdivision Unit 6, a map of which is recorded in Volume 67, Pages 726-727, of the Map Records ofNueces County, Texas. This description was prepared from record information and does not represent a current on the ground Survey. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING Wba. Keith W. Wooley, R.P .S. License No. 5463 S:ISurveying139319'.B4111OFFICEMETES AND BOUNDS1039319B41I-13.18Ac.doc Page 2 of 2 TION MAP N.T.S 0 O (J3lua3 6).1!ddoys SZ uo!aoas SZ 10-1 `i CLZ , 151.60•ZOJES SL'A6l N I w I N 0 ~Ci Qr 0- 0 30, Section 25 O J A� ak Aooalirla :Jaum0) bG" uorp3as 101 meZ9$. M.60.ZP.8ZS Nr ;-1.-. o .1F V & ci m o o a Tr —Riga �1 ..- Ix - to 0 ^- z63 mwg N „b 4COOX Iii -'-,s 0(nfn0 J1 ZC) Cj 1:q l \ U �o vCj 0 E , Vi 0_ .- �Tl (.) 4ift"R wxl, ...., .4 8. 0) W # 0 cv 22 g ([ — W Onta hi C� Z NI Jw1113CI 0 0 ,a -OL L 3„ 60.ZP.9ZN The 0 QI 0 N -U O N N Oa c C-0 _T> • C O M O c U V O O la) E 1 U -' O M !� � N U _ NQ) _ oo_z 00 U O W < 0 0 } 0 O - 0 0 > O 0 0 ct O 03 0 0 ri 0 et 2 N had p 2 n n N N 2 2 J J 8 n R t •0 v r N G 1 0 R8 H U 0 O 0 0 0 rsi 13 Aerial Overview Aerial PLANNING COMMISION FINAL REPORT Case No. 1114-03 HTE No. 14-10000040 Planning Commission Hearing Date: November 5, 2014 Applicant & Legal Description Applicant/Representative: Related Investors, Ltd. Owner: Related Investors, Ltd. Legal Description/Location: Being 13.18 acres out of Lots 3 and 4, Section 24, Flour Bluff and Encinal Farm and Garden Tracts, located east of Rodd Field Road and south of Idle Hour Drive. Zoning Request From: "FR" Farm Rural District To: "RS -4.5" Single -Family 4.5 District Area: 13.18 acres Purpose of Request: To allow construction of a single-family residential subdivision consisting of 57 units. Existing Zoning and Land Uses Existing Zoning District ExistU eland Future Land Use Site "FR" Farm Rural Vacant Low Density Residential North "RS -4.5" Single -Family 4.5 Vacant Low Density Residential South "FR" Farm Rural Vacant Low Density Residential East "FR" Farm Rural Vacant Low Density Residential West "FR" Farm Rural Vacant Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and is planned for a low density residential use. The proposed change of zoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Future Land Use Plan. Map No.: 042029 Zoning Violations: None Zoning Report Case # 1114-03 Related Investors, Ltd. Page 2 Transportation Transportation and Circulation: This phase of the Rancho Vista Subdivision will have indirect access to Yorktown Boulevard, which is an "A3" Primary -Arterial Divided street. The A3 Arterial is designed to augment the freeway system and serves major through movements of traffic between important centers of activity, major traffic generators and with a substantial portion of trips entering and leaving the area. The maximum desirable average daily trips for an A3 Arterial are 30,000 to 48,000. Street Urban Transportation Plan Type Proposed Section Existing Section Yorktown Blvd. "A3" Primary - Arterial Divided Street 130' ROW, 79' paved 140' ROW 24' paved Traffic Volume (2011) N/A Staff Summary: Requested Zoning: The applicant is requesting a change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District, which allows for a minimum lot area of 4,500 square feet, a minimum lot width of 45 feet, and a 20 -foot front yard setback. The "RS -4.5" District allows for single-family detached houses and group homes. Zero lot line developments are permitted subject to limitations. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. Applicant's Development Plan: The applicant is proposing the development of Unit 13 of the Rancho Vista Subdivision. The development will be constructed in one phase and will result in 57 single-family lots. The subject property will be platted and local residential streets will be constructed as part of the Rancho Vista Subdivision. Existing Land Uses & Zoning: South, east and west of the subject property is vacant land that is zoned "FR" Farm Rural District. An expansion of the Rancho Vista Subdivision is being constructed north of the property and is zoned "RS -4.5" Single - Family 4.5 District. The developer has plans to expand Rancho Vista ultimately to the Oso Creek. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The proposed change of zoning is consistent with the Comprehensive Plan and the adopted Future Land Use Plan, which slates the property for a low-density residential use. Plat Status: The subject property is not platted. Zoning Report Case # 1114-03 Related Investors, Ltd. Page 3 Department Comments: • Extension of the Rancho Vista Subdivision is consistent with the adopted Future Land Use Plan and is an appropriate use for this land. • The Zoning Map amendments are consistent with the Comprehensive Plan. • The "RS -4.5" Single -Family 4.5 District is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. • The Zoning Map amendment does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (Nov. 5, 2014): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 2 within 200 -foot notification area 2 outside notification area As of November 7, 2014: In Favor — 0 (inside notification area); 0 (outside notification area) In Opposition — 0 (inside notification area); 0 (outside notification area) Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) K:\DevelopmentSvcs\SHARED\ZONING CASES \2014\1114-03 Related Investors, Ltd\Council Documents\1114-03 CC Report, Related Investors, Ltd.. docx RS -4.5 4t4t441, ��_RS-45 4141* Fh'ppR RS -4 5 0�� Q O 2 41t�I� 0 SUBJECT PROPERTY 400 800 Feet Date Created: 10/20/2014 Prepared By: LARRYF Department of Development Services CASE: 1114-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CI cBD FR Bp Resort Commercial Resort Commercial Glnetensive Commercial Downtown Commercial Resort Commercial Farm Rural storic Overlay HBlusiness Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home bject Property Swuith 200' buffer •Owners in favor A Owners within 200' listed on V Owners Z attached ownership table A in opposition SUBJECT PROPERTY LOCATION MAP ■ City of AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: November 19, 2014 TO: Ron Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Amendment to the Unified Development Code: Trust Fund Policy CAPTION: Ordinance amending the Unified Development Code (UDC) revising subsections 8.5.1.0 and 8.5.2.1 clarifying the transfer of monies from trust funds; providing for severance, publication, and effective date. PURPOSE: The purpose of this item is to allow for transfer of monies between Water and Wastewater Trust Fund accounts to better carry out the purposes of this Unified Development Code. BACKGROUND AND FINDINGS: Many developers look to apply for reimbursement for qualified infrastructure requirements for plat recordation. However, the City's Unified Development Code (UDC) only allows reimbursement when there is monies available in the trust fund account from which the project qualifies. Otherwise, the developer is required to wait to submit for reimbursement at the time monies become available and at times long after they complete construction. Currently, there are several projects in line to be submitted for wastewater collection line reimbursement agreements. At this time, we are unable to process reimbursement agreements for trust fund accounts which do not have monies available as to avoid trust fund accounts from going into negative balances. There are two (2) water trust fund accounts and two (2) wastewater trust fund accounts as follows: Water Arterial Transmission & Grid Main Trust Fund; Water Distribution Main Trust Fund; Wastewater Trunk System Trust Fund; and Wastewater Collection Line Trust Fund. The proposed UDC revisions will allow for transfer of funds between all trust fund accounts in order to establish sufficiency of funds to better carry out the purposes of this Unified Development Code. ALTERNATIVES: Denial or alteration of the proposed UDC amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendments conform to City policy and State law. DEPARTMENTAL CLEARANCES: Planning Commission and Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Z Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Planning Commission and staff recommend approval of the proposed UDC text amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Amending the Unified Development Code by revising subsections 8.5.1.0 and 8.5.2.1 clarifying the transfer of monies from trust funds; providing for severance, publication, and effective date. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City of Corpus Christi, Texas ("City") Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 19, 2014, during a meeting of the Planning Commission, and on Tuesday, December 9, 2014, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That UDC subsection 8.5.1.0 is amended by revising the text to read as follows: "8.5.1 C. Credits and Reimbursement "4. Review of Funds The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Water trust funds may be transferred to water trust funds or wastewater trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust fund and may, after a public hearing, adopt a new schedule of fees and charges or transfcr monics from one trust fund to thc other in ordcr to bctter carry out thc purposcs of this Codc." SECTION 2. That UDC subsection 8.5.2.1 is amended by revising the text to read as follows: "8.5.2.1. Review of Funds The City Council may, after a public hearing, transfer monies from one trust fund to the other in order to better carry out the purposes of this Unified Development Code. Wastewater trust funds may be transferred to wastewater trust funds or water trust funds. Once every two years, the City Council shall review the adequacy of all fees and charges established herein and the sufficiency of the trust funds, and may, after a public hearing, adopt a new schedule of fees and charges or transfcr monics from one trust fund to thc othcr in ordcr to bctter carry out thc purposcs of this Codc." SECTION 3. If for any reason any section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance shall be held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, such judgment shall not affect any other section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, sentence, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. The City Council hereby declares that it would have passed this Ordinance, and each section, paragraph, subdivision, sentence, clause, phrase, word, or provision thereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses, phrases, words, or provisions be declared invalid or unconstitutional. SECTION 4. Publication shall be made in the City's official publication as required by the City's Charter. SECTION 5. This ordinance is effective immediately upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of November 18, 2014 Action Item for the City Council Meeting of December 9, 2014 DATE: November 18, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Certification of 2014 Tax Levy CAPTION: Motion approving the 2014 Ad Valorem Tax Levy of $97,666,247.44 based on the adopted property tax rate of $0.585264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Tax Code and is the last step in complying with the "Truth -in -Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Tax Code ("the Code") establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2014 that is based upon a property tax rate of $0.585264 per $100 valuation and a net appraised value of $17,045,414,630 is as follows: Tax Levy $64,228,145.05 35,532,530.43 $99,760,675.48 151,901.40 (2,246,329.44) $97,666,247.44 Component Supporting the City's maintenance and operations ($0.376806) Supporting the City's debt service ($0.208458) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over-65/Disabled Homestead Frozen Levy Loss 2014 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2014-2015 reflects the effect of the tenth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2014-2015 $2,246,329 FY 2013-2014 $1,579,769 FY 2012-2013 $1,225,650 FY 2011-2012 $ 1,508,251 FY 2010-2011 $ 1,663,134 FY 2009-2010 $ 1,740,803 FY 2008-2009 $ 1,500,522 FY 2007-2008 $ 1,210,235 FY 2006-2007 $ 650,651 FY 2005-2006 $ 396,701 It should also be noted that property taxes budgeted in the FY 2014-2015 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $16,969,100,716 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $17,045,414,630 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $76,313,914 increase in assessed values certified by the Nueces County Tax Office. In the FY 2014-2015 budget adopted by the City Council on September 23, 2014, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $94,577,000. When comparing this figure to the certified ad valorem tax levy of $97,666,247, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2014-2015 is 100%, but a more conservative collection rate of 97.2% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.2% collection rate to the certified levy, the resulting "net" levy is calculated to be $94,872,949 — which is $295,949 more than the total ad valorem tax revenue adopted in the FY 2014-2015 budget of $94,577,000. Therefore, no budgetary adjustments for ad valorem tax revenue in the General Fund will be needed for FY 2014-2015 at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 94,577,000 $ - $ 94,577,000 Encumbered/Expended amount of (date) -- - - This item - $ - $ - $ - BALANCE - $ 94,577,000 $ - $ 94,577,000 FUND(S): 1020 "General Fund" $ 59,737,000 2010 "Debt Service Fund" $ 33,050,000 1111 "Reinvestment Zone #2" $ 1,450,000 1112 "Reinvestment Zone #3" $ 340,000 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2014 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2014 CITY OF CORPUS CHRISTI Total Appraised Value (4) 100% of Market Value Less: Partial Exemptions Ag -Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2014 Adopted Tax Rate 2014 Ad Valorem Tax Levy Less: Over-65/Disabled Homestead Frozen Levy Loss Plus: Late Rendition Penalty - Personal Property Accounts Less: 5% of Late Rendition Penalty to the Appraisal District Plus: Late Ag Penalty 2014 Total Ad Valorem Tax Levy $ 22,478,193,627 $ 5,432,778,997 $17,045,414,630 100°6 $17,045,414,630 .585264 /$100 $ 99,760,675.48 $ 2,246,329.44 $ 159,806.86 $ 7,990.34 $ 84.88 $ 97,666,247.44 Submission of the Tax Levy for 2014 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. SWORN AND SUBSCRIBED TO before me at Corpus October, A.D., 2014. 000V'''SUZAN COX +°;; : Notary Public, State of Texas J My Commission Expires %'�:a►�';''� October 27, 2015 THE STATE OF TEXAS COUNTY OF NUECES Kevin KiescIiituk Nueces County Tax Assessor -Collector Christi, Texas this 14 -11 ---day of Administration (361) 888-0307 (361) 888-0308 Notary Public,tate of Texas The Tax Levy is hereby approved by the City of Corpus Christi City Council on this , A.D., 2014 ATTEST: City Secretary, City of Corpus Christi For information contact: Motor Vehicle voice (361) 888-0-159 fax (361) 888-0482 day of Mayor, City of Corpus Chrsiti Propertv Tax (361) 888-0230 (361) 888-0218 Voter Registration (361) 888-040-1 (361) 888-0339 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: TO: FROM: November 21, 2014 Ronald L. Olson, City Manager Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Accept additional grant funding from the Executive Office of the President, Office of National Drug Control Policy to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA). CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funding in the amount of $3,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA); and appropriating the $3,000 in the No. 1061 Police Grants Fund. PURPOSE: Appropriate additional funds. BACKGROUND AND FINDINGS: HIDTA has provided the additional funds to be used for equipment maintenance on existing computer systems. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 3,000 3,000 3,000 BALANCE 3,000 3,000 3,000 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Award document Ordinance authorizing the City Manager or designee to execute all documents necessary to accept additional grant funding in the amount of $3,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA); and appropriating the $3,000 in the No. 1061 Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept additional grant funding in the amount of $3,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area (HIDTA). SECTION 2. That $ 3,000 is appropriated in the No 1061 Police Grants Fund for funding the Police Department's role in the Texas Coastal Corridor Initiative in the HIDTA. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor November 17, 2014 Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Simpson: Grant number G13HN0006A has been increased and now totals $156,840.00. The original of Modification 2 is enclosed. If you accept this Modification, sign the Modification and return a copy to the Assistance Center in Miami. Keep the original Modification for your file. All terms and conditions of the original award apply to the Modification. If you have any questions pertaining to this grant award, please feel free to contact Lisa Newton at (202) 395-6639. Sincerely, cad k.'4oWie7j Michael K. Gottlieb National HIDTA Director Enclosures Executive Office of the President Office of National Drug Control Policy AWARD Grant Page 1 of 1 1. Recipient Name and Address Chief Floyd Simpson Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G13HN0006A 5. Grant Period: From 01/01/2013 to 12/31/2014 1A. Subrecipient IRS/Vendor No. 6. Date: 11/17/2014 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number 2 X 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: $153,840.00 3. Project Title Multiple 10. Amount of This Award: $3,000.00 11. Total Award: $156,840.00 12. • The above grant is approved subject to such conditions or limitation as are set forth in the original Grant. 13. Statutory Authority for Grant: Public Law 113-6 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official Michael K. Gottlieb National HIDTA Director 15. Typed Name and Title of Authorized Official Floyd Simpson Corpus Christi Police Department 16. Signature of Approving ONDCP Official L(GiAQd K. (iei3 17. Signature of Authorized Recipient/Date AGENCY USE ONLY 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND1070DB1314XX OND6113 OND2000000000 OC 410001 JID: 42906 Initiative Cash by HIDTA FY 2013 Current Budget (net of reprogrammed funds) HIDTA Agency Name Initiative Houston Total 11/17/2014 3:01:17 PM Corpus Christi Police Department Texas Coastal Corridor Initiative (TCCI) Agency Tota/ : Corpus Christi Police beparta7eht Cash Type Grant 156,840.00 Investigation G13HN0006A 156,840.00 156,840.00 Quantity Amount Budget Detail 2013 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G13HN0006A) Resource Recipient - Corpus Christi Police Department Current Budget (net of reprogrammed funds) $3,000.00 Services $3,000.00 Total Services $3,000.00 Total Budget $3,000.00 Page 1 of 1 11/17/2014 3:01:18 PM 4CORPOR RI 1852 0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Dec. 9, 2014 Second Reading Ordinance for the City Council Meeting of Dec. 16, 2014 DATE: November 18, 2014 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from HEB Grocery Company LP in the amount of $10,000.00 as a donation to support the Corpus Christi Fire Department Smoke Alarm Program CAPTION: Ordinance authorizing the City Manager or designee to accept a donation from HEB Grocery Company LP in the amount of $10,000.00 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $10,000.00 from HEB Grocery Company LP into the Fire Grant Fund No 1062 PURPOSE: Each year thousands of H -E -B Partners (employees) participate with the Helping Heroes service project. Helping Heroes honors September 11th as a National Day of Service and Remembrance that pays tribute to the men and women of the rescue teams who risked and lost their lives at the World Trade Center. To celebrate. the 10th anniversary of Helping Heroes, H -E -B is donating $10,000.00 to the Corpus Christi Fire Department's Smoke Alarm Program. The Fire Department will purchase smoke alarms and provided them to the public upon request. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000.00 $10,000.00 BALANCE $10,000.00 $10,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $10,000.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a donation from HEB Grocery Company LP in the amount of $10,000.00 to be used to support the Corpus Christi Smoke Alarm Program; and appropriating $10,000.00 from HEB Grocery Company LP into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a donation from HEB Grocery Company LP in the amount of $10,000.00 to be used support the Corpus Christi Smoke Alarm Program. SECTION 2. That $10,000.00 from HEB Grocery Company LP is appropriated in the Fire Grant Fund No. 1062 to be used to purchase smoke alarms. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Alien Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Alien Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of Dec. 9, 2014 Second Reading Ordinance for the City Council Meeting of Dec. 16, 2014 DATE: TO: Ronald L. Olson, City Manager November 18, 2014 FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from Koch Companies Public Sector, LLC in the amount of $10,000.00 as a donation from their 2014 Helping Heroes Grant Program. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2014 Helping Heroes Grant Program in the amount of $10,000.00 to be used to train firefighters in ship board firefighting; and appropriating $10,000.00 from Koch Companies Public Sector; LLC into the Fire Grant Fund No. 1062 PURPOSE: Koch Companies Public Sector, LLC has forwarded to the Corpus Christi Fire Department a check in the amount of $10,000.00 as a grant from their Helping Heroes Grant Program. The funds are to be used to train our firefighters in Ship Board Firefighting. No application was required. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: Operating Revenue Capital Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000.00 $10,000.00 BALANCE $10,000.00 $10,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $10,000.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from Koch Companies Public Sector, LLC 2014 Helping Heroes Grant Program in the amount of $10,000.00 to be used to train firefighters in ship board firefighting; and appropriating $10,000.00 from Koch Companies Public Sector, LLC into the Fire Grant Fund No. 1062 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from Koch Companies Public Sector, LLC 2014 Helping Heroes Grant Program in the amount of $10,000.00 to be used to train firefighters in ship board firefighting. SECTION 2. That $10,000.00 from Koch Companies Public Sector, LLC is appropriated in the Fire Grant Fund No. 1062 to be used to train firefighters in ship board firefighting. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 9, 2013 Second Reading Ordinance for the City Council Meeting of December 16, 2013 DATE: TO: Ronald L. Olson, City Manager 11/3/14 FROM: Annette Rodriguez, Director of Public Health AnnetteR@cctexas.com 361-826-7203 Women, Infants and Children (WIC) grant FY 14-15 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $963,369.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the contract period of October 1, 2014 to September 30, 2015; and to ratify acceptance of the grant to begin as of October 1, 2014. PURPOSE: The Women's, Infant and Children's Grant allows the Health District WIC division to educate and help improve the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. DACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through Iow income and nutrition -related risks. This item approves a contract with the Department of State Health Services to provide services at the Corpus Christi-Nueces County Public Health District to over 5,000 Iow income women, infants, and children per month. The contract will begin on 10/01/2014 through 09/30/2015. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the Corpus Christi-Nueces County Public Health District. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance -Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating o Revenue o Capital o Not applicable Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $963,369 $963,369 Encumbered / Expended Amount This item BALANCE $963,369 $963,369 Fund(s):1066 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance 2015- NSS/WIC Local Agency Contract Ordinance authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate a grant in the amount of $963,369.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program for the contract period of October 1, 2014 to September 30, 2015; and to ratify acceptance of the grant to begin as of October 1, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $963,369.00 from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the Women, Infants, and Children (WIC) program, based on a $12.71 reimbursement for each participant served for the contract period of October 1, 2014 to September 30, 2015. (Contract # 2015-047290-001). Section 2. The City Council ratifies acceptance of the grant to begin as of October 1, 2014. A copy of the documents shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DAVID L. LAKEY, M.D. COMMISSIONER TEXAS DEPARTMENT OF STATE HEALTH SERVICES September 9, 2014 Ms. Christina Zamarripa, WIC Director LA #38, Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, TX 78416 Dear Ms. Zamarripa: 1100 West 49th Street • Austin, Texas 78756 P.O. Box 149347 • Austin, Texas 78714-9347 1-888-963-7111 • www.dshs.state.tx.us TDD: 1-800-735-2989 FY 2015 WIC contracts, effective dates October 1, 2014 through September 30, 2015, are currently being prepared and entered into our system. A breakdown of the total "not -to -exceed" is outlined in the table below. A copy of the contract will be sent to agencies for signature once all have been entered in late September. In order to help your agency with budgeting, we have provided you with the following funding amounts: Project Project Contact Initial Amount Type of Allocation Admin NE BF WIC Funding Benny Jasso benny.jasso@dshs.state.tx.us $826,404.00 X X X (512) 341-4573 Peer Counselor Kristina Arrieta kristina.arricta@dshs.state.tx,us $55,000.00 X (512) 341-4593 Registered Dietitian Angela Gil angela.gil@dshs.state.tx.us $53,965.00 X X X (512) 341-4590 Obesity Prevention Angela Gil angela.gil@dshs.state.tx.u.s $20,000.00 X (512) 341-4590 Lactation Services Tracy Erickson tracy.erickson@dshs.state.tx.us $8,000.00 X (512) 341-4521 Total Contract "Not to Exceed" Amount $963,369.00 Please note that these are initial funding amounts. These amounts may be adjusted at any time during the contracting period. Your agency will be notified by Letter of Amendment for any adjustments to your funding. Letters of Amendments for the Dietetic Internship will be sent out separately at a later date. An Equal Employment Opportunity Employer and Provider Ms. Christina Zamarripa, WIC Director LA #38, Corpus Christi-Nueces County Public Health District September 9, 2014 Page 2 In order for the State Agency to track these expenditures, please bill for each of these projects on separate State of Texas Purchase Vouchers (B-13). In order to capture all special project expenditures, continue to bill on a separate voucher even if you exceed the allocation amount listed above. Any amount over your allocation will be charged appropriately to your regular funding. Remember to label each voucher with the specific project name you are billing for, as well as listing allocations to Administrative (Admin), Nutrition Education (NE) and Breast feeding (BF) costs. Vouchers without allocations listed will not be applied toward your NE or BF expenditures. Grants that may only be allocated to one category will be applied to that category without any need for allocations. This letter is approval for funding only. It does not relieve the agency from seeking additional approvals as required by WIC Policy. Requests for purchases should be submitted electronically to the Contract Development and Support Branch email box at: cdsb@dshs.state.tx.us. If you have any questions or require additional information regarding your special projects, please use the project contact information listed above. Questions concerning billing should be directed to Alisin Genfan at (512) 776-3156, or alisin.genfan@dshs.state.tx.us. Sincerely, CZ111-0(Lindsay Rodgers, D ctor Nutrition Services Section AG:klr An Equal Employment Opportunity Employer and Provider Special Projects (August 27, 2014) Note: Not all agencies are approved for all special projects. Please refer to cover letter. Peer Counselor — This funding can be used for training and salaries of peer counselors who assist pregnant and breastfeeding WIC participants. It can also be used for communication equipment you may have requested and travel expenses peer counselors may incur in the course of performing their job duties or attending training and/or conferences. Please note: the peer counselor allocation in this contract is not your entire FY 2014 allocation. The State Agency will provide the second six months of funding once the contract is extended to a full year. This will happen through a contract amendment which will be sent out at a later date. Allocations are made based upon the following criteria: number of pregnant and breastfeeding women served, retaining counselors established with previous discretionary funding, prevalence of serving rural and remote locations, and breastfeeding rates. Registered Dietitian (RD) — Use this special funding for reimbursement of RD duties such as: • Assisting with the Quality Assurance Program (i.e., ongoing evaluation of individual counseling, nutrition education classes, clinical procedures, etc.). • Assisting with the implementation of Value Enhanced Nutrition Assessment (VENA). • Providing staff training on nutrition -related topics and nutrition assessment procedures. • Assisting with your local agency's WIC Certification Specialist Program. • Developing and implementing a quality assurance program. • Assisting with completion and application of the Nutrition Education, Breastfeeding and Training Plan. • Providing high-risk individual counseling. • Conducting facilitated discussion nutrition education classes. • Consultation regarding the appropriate issuance of special formulas. • Developing and implementing the Obesity Prevention Mini Grant. Please note the following: • All local agencies are required to have an RD on staff or on contract (WIC Policy GA:14.0). • You must follow Policy AC: 16.0 — Allowable Costs — Professional Contract Services, when securing the services of an RD consultant via contract. • Use a separate State of Texas Purchase Voucher (form B-13) to bill the state for RD services funded by this special allocation. Specify on the face of the voucher that this is reimbursement for an RD consultant or to defray the cost of a staff RD. • Prior to contracting with the RD, the RD should provide you with a copy of his/her registration card from the Commission on Dietetic Registration. This is proof that the consultant is an RD. The State Agency plans to reallocate any unused RD funds later this fiscal year. At that time, funds will be shifted from local agencies that have not used their funds to local agencies that need additional funding. Obesity Prevention Mini Grant (OPMG) — OPMG funding may be used to pay for staff time and expenses related to the project as detailed in your accepted project budget. Please be advised that acceptance of your project does not relieve you of the responsibility to seek State Agency approval for a specific dollar threshold related to particular items if State Policy requires it. An Equal Employment Opportunity Employer and Provider Special Projects (August 27, 2014) Page 2 Lactation Services — Funds are being provided to help your agency provide breastfeeding assistance to WIC participants and WIC staff. This funding can be used for contract or regular WIC employees. You will be reimbursed for the following expenses: • To reimburse local agencies for fees paid to: • Counsel WIC moms with breastfeeding problems that are beyond the expertise of WIC staff. • Provide training to WIC staff, conduct special breastfeeding classes or support group sessions, or assist with WIC -sponsored workshops for health-care professionals. • To reimburse local agency staff for fees paid to prepare for (i.e., study materials) or take the International Board of Lactation Consultant Examiners (IBLCE) exam. See www.iblce.orq for more information. • To pay for equipment that would complement lactation consults such as nipple shields and shells, nursing bras, large and extra -large breast pump flanges, and supplemental nursing systems. • To pay for staff reference books and teaching aids such as breastfeeding dolls, stuffed breasts, belly balls, flip charts and other teaching tools. • To pay for equipment to establish and supply a nursing room to be used for lactation consultations and a private place for WIC moms to nurse and pump. Examples include chairs, pillows, stools, side table, lamps, peer counselor desk and chair, and dividers for privacy. An Equal Employment Opportunity Employer and Provider AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 9, 2014 Second Reading Ordinance for the City Council Meeting of December 16, 2014 DATE: October 28, 2014 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 Health Education Grant FY 14-15 Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept and appropriate a total grant amount of $50,000 from the Texas Department of State Health Services (DSHS) in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period of October 1, 2014, through September 30, 2015; and to ratify acceptance of the grant to begin as of October 1, 2014. PURPOSE: The grant funding will be utilized by the Corpus Christi-Nueces County Health District to implement targeted, evidence -based community systems and environmental change strategies that address one or more of the Texas Healthy Communities priority indicators, which include: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a total grant amount of $50,000 to provide funding for public health education services beginning October 1, 2014 through September 30, 2015, to fund personnel, fringe benefits and supplies to support the program that will address T e x a s Healthy Communities priority indicators. ALTERNATIVES: Not accept the grant award OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance -State Grant and Office of Management and Budget. FINANCIAL IMPACT: x Operating o Revenue o Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Comments: None RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2015-047255 Ordinance authorizing the City Manager, or h i s designee to execute all documents necessary to accept and appropriate a grant in the amount of $50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the contract period of October 1, 2014, through September 30, 2015; and to ratify acceptance of the grant to begin as of October 1, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1 : The City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate a grant in the amount of $50,000 from the Texas Department of State Health Services in the Health Grants Fund No. 1066 to provide funds to implement evidence -based community systems and environmental change strategies that address, for the contract (Contract #2015-047255) period of October 1, 2014 through September 30, 2015, one or more Texas Healthy Communities priority indicators, which include: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality Section 2: Further the City Council ratifies acceptance of the grant to begin as of October 1, 2014. A copy of the executed grant shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor CONTRACT NO. 2015-047255 PROGRAM ATTACHMENT NO. 001 PURCHASE ORDER NO. CONTRACTOR: CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT DSHS PROGRAM: Health Promotions & Chronic Disease Prevention - Texas Healthy Communities TERM: 10/1/2014 THRU: 09/30/2015 SECTION I. STATEMENT OF WORK: The Texas Department of State Health Services (DSHS) will contract to implement targeted, evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) priority indicators: Indicator 1: Physical activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality Contractor will work with a local public/private planning group to plan and implement the identified strategies. Contractor will provide DSHS staff with monthly project status reports, via telephone call on the dates listed in Section II, Performance Measures of this Program Attachment (unless otherwise agreed to in writing by DSHS), to discuss the following: 1) Implementation status, 2) barriers and methods to address those barriers, 3) opportunities to enhance the activities, 4) lessons learned, and 5) next steps. Other calls may be added as appropriate with Contractor and DSHS Program staff. DSHS reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. DSHS will monitor Contractor's expenditures on a quarterly basis. If expenditures are below what is projected in Contractor's total Program Attachment amount, Contractor's budget may PROGRAM ATTACHMENT — Page 1 be subject to a decrease for the remainder of the Contract term. Vacant positions existing after ninety (90) days may result in a decrease in funds. SECTION II. PERFORMANCE MEASURES: The following performance measures will be used to assess, in part, Contractor's effectiveness in providing the services described in this Program Attachment without waiving the enforceability of any of the other terms of the Program Attachment. Contractor shall: 1. Conduct and complete the Texas Healthy Communities Assessment (DSHS will review and approve the assessment prior to final submission in Performance Management and Tracking System (PMATS)) on or before November 15, 2014. 2. Develop and complete the Project Work Plan in conjunction with DSHS. The Project Work plan must be reviewed and approved by DSHS prior to the submission date. The Work plan must include objective with supporting activities that address indicators in the TXHC assessment identified as needing improvement on or before December 15, 2014. 3. Develop an Evaluation Plan and submit to DSHS on or before January 30, 2015 for DSHS Program review. 4. Provide an Interim Progress Report on or before March 31, 2015 to include- summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. 5. Provide a Final Progress Report to include- summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 15, 2015. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, September 30th, and submit the collaborative monthly report to DSHS within one week of the call. Contractor shall submit all reports, documentation, and other information as required to the following electronic email address: TXHC@dshs.state.tx.us. SECTION III. SOLICITATION DOCUMENT: Exempt -Governmental Agency PROGRAM ATTACHMENT — Page 2 SECTION IV. RENEWALS: No Renewals SECTION V. PAYMENT METHOD: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List. SECTION VI. BILLING INSTRUCTIONS: Contractor shall request payment using the State of Texas Purchase Voucher (Form B-13) and acceptable supporting documentation for reimbursement of the required services/deliverables. The B-13 can be found at the following link: http://www.dshs.state.tx.us/grants/forms/bl3form.doc . Vouchers and supporting documents should be mailed or submitted by fax or electronic mail to the addresses/number below. Department of State Health Services Claims Processing Unit, MC1940 PO Box 149347 Austin, TX 78714-9347 The fax number for submitting State of Texas Purchase Voucher (Form B-13) to the Claims Processing Unit is (512) 776-7442. The email address is invoices@dshs.state.tx.us . SECTION VII. BUDGET: Cost Reimbursement Funding is further detailed in the attached Categorical Budget and, if applicable, Equipment List SOURCE OF FUNDS: CFDA #: DUNS Number: 069457786 PROGRAM ATTACHMENT — Page 3 SECTION VIII. SPECIAL PROVISIONS: General Provisions, Article XV, General Terms, Section 15.15, Amendment, is amended to include the following: Contractor must submit all amendment and revision requests in writing to the Division Contract Management Unit at least ninety (90) days prior to the end of the term of this program attachment. PROGRAM ATTACHMENT — Page 4 2015-047255-001 Categorical Budget: PERSONNEL $31,200.00 FRINGE BENEFITS $14,976.00 TRAVEL $1,091.00 EQUIPMENT $0.00 SUPPLIES $2,733.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $50,000.00 INDIRECT CHARGES $0.00 TOTAL $50,000.00 DSHS SHARE $50,000.00 CONTRACTOR SHARE $0.00 OTHER MATCH $0.00 Total reimbursements will not exceed $50,000.00 Financial status reports are due: 01/30/2015, 04/30/2015, 07/31/2015, 11/16/2015 Fiscal Year 2015 Department of State Health Services Contract General Provisions (Core/Subrecipient) Table of Contents ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE 5 Section 1.01 Contract Components 5 Section 1.02 Order of Precedence 5 ARTICLE II COMPLIANCE AND REPORTING 5 Section 2.01 Compliance with General Provisions, Statutes and Rules 5 Section 2.02 Compliance with Requirements of Solicitation Document 5 Section 2.03 Reporting 6 Section 2.04 Client Financial Eligibility 6 Section 2.05 Applicable Contracts Law and Venue for Disputes 6 Section 2.06 Applicable Laws and Regulations Regarding Funding Sources 6 Section 2.07 Statutes and Standards of General Applicability 6 Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts8 Section 2.09 Civil Rights Policies and Complaints 9 Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. 10 Section 2.11 Funding Obligation 10 Section 2.12 Whistleblower Protection 10 Section 2.13 Federal Assistance Identification Number 10 ARTICLE III SERVICES 11 Section 3.01 Education to Persons in Residential Facilities 11 Section 3.02 Disaster Services 11 Section 3.03 Consent to Medical Care of a Minor 11 Section 3.04 Telemedicine Medical Services 11 Section 3.05 Fees for Personal Health Services 12 Section 3.06 Cost Effective Purchasing of Medications. 12 Section 3.07 Services and Information for Persons with Limited English Proficiency. 12 ARTICLE IV FUNDING 13 Section 4.01 Debt to State and Corporate Status 13 Section 4.02 Application of Payment Due 13 Section 4.03 Use of Funds 13 Section 4.04 Use for Match Prohibited 13 Section 4.05 Program Income 13 Section 4.06 Nonsupplanting 14 ARTICLE V PAYMENT METHODS AND RESTRICTIONS 14 Section 5.01 Payment Methods 14 Section 5.02 Billing Submission 14 Section 5.03 Final Billing Submission. 14 Section 5.04 Working Capital Advance. 15 Section 5.05 Financial Status Reports (FSRs). 15 Section 5.06 Third Party Payors 15 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT 16 General Provisions (Core Subrecipient) 2015 (July 1, 2014) 1 Section 6.01 Prompt Payment 16 Section 6.02 Department Review 16 Section 6.03 Withholding Payments 16 Section 6.04 Condition Precedent to Requesting Payment 16 Section 6.05 Acceptance as Payment in Full 16 ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS 17 Section 7.01 Allowable Costs 17 Section 7.02 Independent Single or Program -Specific Audit 18 Section 7.03 Submission of Audit 18 ARTICLE VIII CONFIDENTIALITY 19 Section 8.01 Maintenance of Confidentiality 19 Section 8.02 Department Access to PHI and Other Confidential Information 19 Section 8.03 Exchange of Client -Identifying Information 19 Section 8.04 Security of Patient or Client Records. 19 Section 8.05 HIV/AIDS Model Workplace Guidelines 20 ARTICLE IX REQUIRED DISCLOSURES 20 Section 9.01 Texas Public Information Act 20 ARTICLE X RECORDS RETENTION 20 Section 10.01 Retention. 20 ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS 21 Section 11.01 Access and Inspection. 21 Section 11.02 State Auditor's Office. 21 Section 11.03 Responding to Deficiencies. 21 ARTICLE XII NOTICE REQUIREMENTS 22 Section 12.01 Child Abuse Reporting Requirement 22 Section 12.02 Significant Incidents 22 Section 12.03 Litigation 22 Section 12.04 Contract or License Action Against the Contractor. 22 Section 12.05 Insolvency. 23 Section 12.06 Misuse of Funds and Performance Malfeasanc 23 Section 12.07 Criminal Activity and Disciplinary Action 23 Section 12.08 Retaliation Prohibited 24 Section 12.09 Documentation 24 ARTICLE XIII ASSURANCES AND CERTIFICATIONS 24 Section 13.01 Certification. 24 Section 13.02 Child Support Delinquencies 25 Section 13.03 Authorization 25 Section 13.04 Gifts and Benefits Prohibited 25 Section 13.05 Ineligibility to Receive the Contract 25 Section 13.06 Antitrust 26 Section 13.07 Initiation and Completion of Work. 26 ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR 26 General Provisions (Core Subrecipient) 2015 (July 1, 2014) 2 Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. 26 Section 14.02 Management and Control Systems 27 Section 14.03 Insurance 27 Section 14.04 Fidelity Bond 27 Section 14.05 Liability Coverage 28 Section 14.06 Overtime Compensation 28 Section 14.07 Program Site 28 Section 14.08 Cost Allocation Plan 28 Section 14.09 No Endorsement 29 Section 14.10 Historically Underutilized Businesses (HUBS) 29 Section 14.11 Buy Texas 29 Section 14.12 Contracts with Subrecipient and Vendor Subcontractors 29 Section 14.13 Status of Subcontractors 30 Section 14.14 Incorporation of Terms in Subrecipient Subcontracts 30 Section 14.15 Independent Contractor 30 Section 14.16 Authority to Bind 31 Section 14.17 Tax Liability 31 Section 14.18 Notice of Organizational Change 31 Section 14.19 Quality Management 31 Section 14.20 Equipment 31 Section 14.21 Supplies 31 Section 14.22 Changes to Equipment List 32 Section 14.23 Property Inventory and Protection of Assets 32 Section 14.24 Bankruptcy 32 Section 14.25 Title to Property 32 Section 14.26 Property Acquisitions 33 Section 14.27 Disposition of Property 33 Section 14.28 Closeout of Equipment 33 Section 14.29 Assets as Collateral Prohibited 33 ARTICLE XV GENERAL TERMS 33 Section 15.01 Assignment 33 Section 15.02 Lobbying. 33 Section 15.03 Conflict of Interest 34 Section 15.04 Transactions Between Related Parties 34 Section 15.05 Intellectual Property. 35 Section 15.06 Other Intangible Property 36 Section 15.07 Severability and Ambiguity 36 Section 15.08 Legal Notice 36 Section 15.09 Successors 36 Section 15.10 Headings 36 Section 15.11 Parties 36 Section 15.12 Survivability of Terms. 37 Section 15.13 Direct Operation 37 Section 15.14 Customer Service Information 37 Section 15.15 Amendment 37 Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. 37 Section 15.17 Contractor's Request for Revision of Certain Contract Provisions 38 Section 15.18 Immunity Not Waived. 38 Section 15.19 Hold Harmless and Indemnification. 39 General Provisions (Core Subrecipient) 2015 (July 1, 2014) 3 Section 15.20 Waiver. 39 Section 15.21 Electronic and Information Resources Accessibility and Security Standards. 39 Section 15.22 Force Majeure. 40 Section 15.23 Interim Contracts 41 Section 15.24 Cooperation and Communication 41 ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON-COMPLIANCE 41 Section 16.01 Actions Constituting Breach of Contract 41 Section 16.02 General Remedies and Sanctions 42 Section 16.03 Notice of Remedies or Sanctions. 43 Section 16.04 Emergency Action 43 ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT 43 Section 17.01 Breach of Contract Claim 44 Section 17.02 Notice. 44 Section 17.03 Sole Remedy 44 Section 17.04 Condition Precedent to Suit 44 Section 17.05 Performance Not Suspended 44 ARTICLE XVIII TERMINATION AND TEMPORARY SUSPENSION 44 Section 18.01 Expiration of Contract or Program Attachment(s). 44 Section 18.02 Effect of Termination 45 Section 18.03 Acts Not Constituting Termination. 45 Section 18.04 Termination or Temporary Suspension Without Cause 45 Section 18.05 Termination For Cause 46 Section 18.06 Notice of Termination. 47 ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS 47 Section 19.01 Void Contracts 47 Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract 47 Section 19.03 Appeals Rights 47 ARTICLE XX CLOSEOUT 48 Section 20.01 Cessation of Services At Closeout. 48 Section 20.02 Administrative Offset 48 Section 20.03 Deadline for Closeout 48 Section 20.04 Payment of Refunds 48 Section 20.05 Disallowances and Adjustments 48 General Provisions (Core Subrecipient) 2015 (July 1, 2014) 4 ARTICLE I CONTRACT COMPONENTS; ORDER OF PRECEDENCE Section 1.01 Contract Components. As used in herein, the "Contract" consists of the following documents: a) the Core Contract and the Program Attachment(s) or statements of work, including all attachments, b) addenda or amendments thereto and these General Provisions; c) the solicitation document, including all attachments, addenda or amendments thereto; and d) the response, proposal or application submitted by Contractor in response to the solicitation document. Section 1.02 Order of Precedence. To the extent that there is any conflict between the terms of any contract component document, the conflict will be resolved in the above order of priority. ARTICLE II COMPLIANCE AND REPORTING Section 2.01 Compliance with General Provisions, Statutes and Rules. Contractor shall comply, and shall require its subcontractor(s) to comply, with these General Provisions, the requirements of the Department' s rules of general applicability and other applicable state and federal statutes, regulations, rules, and executive orders, as such statutes, regulations, rules, and executive orders currently exist and as they may be lawfully amended. The Department rules are located in the Texas Administrative Code, Title 25 (Rules). To the extent this Contract imposes a higher standard, or additional requirements beyond those required by applicable statutes, regulations, rules or executive orders, the terms of this Contract will control. Contractor further agrees that, upon notification from DSHS, Contractor shall comply with the terms of any contract provisions DSHS is required to include in its contracts under legislation effective at the time of the effective date of this Contract or during the term of this Contract. Section 2.02 Compliance with Requirements of Solicitation Document. Except as specified in these General Provisions or the Program Attachment(s), Contractor shall comply with the requirements, eligibility conditions, assurances, certifications and program requirements of the Solicitation Document, if any, (including any revised or additional terms agreed to in writing by Contractor and DSHS prior to execution of this Contract) for the duration of this Contract or any subsequent renewals. The Parties agree that the Department has relied upon Contractor' s response to the Solicitation Document. The Parties agree that any misrepresentation contained in Contractor' s response to the Solicitation Document constitutes a breach of this Contract. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 5 Section 2.03 Reporting. Contractor shall submit reports in accordance with the reporting requirements established by the Department and shall provide any other information requested by the Department in the format required by DSHS. Failure to submit any required report or additional requested information by the due date specified in the Program Attachment(s) or upon request constitutes a breach of contract, may result in delayed payment and/or the imposition of sanctions and remedies, and, if appropriate, emergency action; and may adversely affect evaluation of Contractor' s future contracting opportunities with the Department. Section 2.04 Client Financial Eligibility. Where applicable, Contractor shall use financial eligibility criteria, financial assessment procedures and standards developed by the Department to determine client eligibility. Section 2.05 Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, this Contract will be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit will be Travis County, Texas. Section 2.06 Applicable Laws and Regulations Regarding Funding Sources. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding sources, will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2 of the Code of Federal Regulations), the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part III, State Uniform Administrative Requirements for Grants and Cooperative Agreements §.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. Section 2.07 Statutes and Standards of General Applicability. Contractor is responsible for reviewing and complying with all applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a) the following statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other General Provisions (Core Subrecipient) 2015 (July 1, 2014) 6 benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1) Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq.; 2) Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4) the Americans with Disabilities Act of 1990, 42 USC §§12101 et seq.; 5) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 8) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 9) Tex. Lab. Code Chapter 21; 10) Food Stamp Act of 1977 (7 USC § 200 et seq.; 11) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; 12) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 13) Public Health Service Act of 1912, §§523 and 527, 42 USC § 290dd-2, and 42 CFR Part 2, relating to confidentiality of alcohol and drug abuse patient records; 14) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 15) DSHS Policy AA-5018, Non-discrimination Policy for DSHS Programs; b) Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c) Pro-Children Act of 1994, 20 USC §§ 6081-6084, and the Pro-Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; d) National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (PL 93-348 and PL 103-43), regarding human subjects involved in research; e) Hatch Political Activity Act, 5 USC §§1501-1508 and 7324-28, which limits the political activity of employees whose employment is funded with federal funds; f) Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g) Tex. Gov. Code Chapter 469, pertaining to eliminating architectural barriers for persons with disabilities; h) Texas Workers' Compensation Act, Tex. Lab. Code Chapters 401-406 and 28 Tex. Admin. Code Part 2, regarding compensation for employees' injuries; i) The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j) The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin. Code Chapter 96 regarding safety standards for handling blood borne pathogens; k) Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1) environmental standards pursuant to the following: 1) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, General Provisions (Core Subrecipient) 2015 (July 1, 2014) 7 Grants, or Loans;" 3) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234); 5) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; 6) Federal Water Pollution Control Act, 33 USC §1251 et seq.; 7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-300j; 8) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§7401 et seq.; 10) Wild and Scenic Rivers Act of 1968 (16 USC §§ 1271 et seq.) related to protecting certain rivers system; and 11) Lead-Based Paint Poisoning Prevention Act (42 USC §§ 4801 et seq.) prohibiting the use of lead-based paint in residential construction or rehabilitation; m) Intergovernmental Personnel Act of 1970 (42 USC §§4278-4763) regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration (5 CFR Part 900, Subpart F); n) Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs; o) Davis-Bacon Act (40 USC §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 USC § 874), and the Contract Work Hours and Safety Standards Act (40 USC §§ 327- 333), regarding labor standards for federally-assisted construction subagreements; p) National Historic Preservation Act of 1966, § 106 (16 USC § 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; q) financial and compliance audits in accordance with Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non- Profit Organizations;" r) Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); s) Executive Order, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of the Contract; t) Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex. Gov. Code Chapter 554); and u) requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. If this Contract is funded by a federal grant or cooperative agreement, Contractor shall, and shall cause its subcontractors to, comply with additional state or federal requirements found in the Notice of Grant Award and incorporated herein by reference. Contractor may obtain a copy of any applicable Notice of Grant Award from the contract manager assigned to the Program Attachment. Section 2.08 Applicability of General Provisions to Interagency and Interlocal Contracts. Certain sections or portions of sections of these General Provisions will not apply to Contractors that General Provisions (Core Subrecipient) 2015 (July 1, 2014) 8 are State agencies or units of local government; and certain additional provisions will apply to such Contractors. a) The following sections or portions of sections of these General Provisions will not apply to interagency or interlocal contracts: 1) Hold Harmless and Indemnification, Section 13.19; 2) Independent Contractor, Section 12.15 (delete the third sentence in its entirety; delete the word "employees" in the fourth sentence; the remainder of the section applies); 3) Insurance, Section 12.03; 4) Liability Coverage, Section 12.05; 5) Fidelity Bond, Section 12.04; 6) Historically Underutilized Businesses, Section 12.10 (Contractor, however, shall comply with HUB requirements of other statutes and rules specifically applicable to that entity); 7) Debt to State and Corporate Status, Section 3.01; 8) Application of Payment Due, Section 3.02; and 9) Article XV Claims against the Department (This Article is inapplicable to interagency contracts only). b) The following additional provisions will apply to interagency contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interagency Cooperation Act, Tex. Gov. Code Chapter 771; 2) The Parties hereby certify that (1) the services specified are necessary and essential for the activities that are properly within the statutory functions and programs of the affected agencies of State government; (2) the proposed arrangements serve the interest of efficient and economical administration of the State government; and (3) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of the State of Texas to be supplied under contract given to the lowest responsible bidder; and 3) DSHS certifies that it has the authority to enter into this Contract granted in Tex. Health & Safety Code Chapter 1001, and Contractor certifies that it has specific statutory authority to enter into and perform this Contract. c) The following additional provisions will apply to interlocal contracts: 1) This Contract is entered into pursuant to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Tex. Gov. Code Chapter 791; 2) Payments made by DSHS to Contractor will be from current revenues available to DSHS; and 3) Each Party represents that it has been authorized to enter into this Contract. d) Contractor agrees that Contract Revision Requests (pursuant to the Contractor's Request for Revision to Certain Contract Provisions section), when signed by a duly authorized representative of Contractor, will be effective as of the effective date specified by the Department, whether that date is prior to or after the date of any ratification by Contractor's governing body. Section 2.09 Civil Rights Policies and Complaints. Upon request, Contactor shall provide the Health and Human Services Commission (HHSC) Civil Rights Office with copies of all Contractor's civil rights policies and procedures. Contractor shall notify HHSC's Office of Civil Rights of any civil rights complaints received relating to performance General Provisions (Core Subrecipient) 2015 (July 1, 2014) 9 under this Contract no more than ten (10) calendar days after Contractor's receipt of the claim. Notice must be directed to — Civil Rights Office Health and Human Services Commission 701 W. 51st St., Mail Code W206 Austin, Texas 78751 (888) 388-6332 or (512) 438-4313 TTY Toll-free (877) 432-7232 HHSCivilRightsOffice@hhsc.state.tx.us Section 2.10 Licenses, Certifications, Permits, Registrations and Approvals. Contractor shall obtain and maintain all applicable licenses, certifications, permits, registrations and approvals to conduct its business and to perform the services under this Contract. Failure to obtain or any revocation, surrender, expiration, non -renewal, inactivation or suspension of any such license, certification, permit, registration or approval constitutes grounds for termination of this Contract or other remedies the Department deems appropriate. Contractor shall ensure that all its employees, staff and volunteers obtain and maintain in active status all licenses, certifications, permits, registrations and approvals required to perform their duties under this Contract and shall prohibit any person who does not hold a current, active required license, certification, permit, registration or approval from performing services under this Contract. Section 2.11 Funding Obligation. This Contract is contingent upon the availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment of the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce or terminate funding under this Contract. Notice of any restriction or reduction will include instructions and detailed information on how DSHS will fund the services and/or goods to be procured with the restricted or reduced funds. Section 2.12 Whistleblower Protection. Contractor shall include the Whistleblower Protection Enhancement Act and Texas Whistleblower Act protections to grantees, their subgrantees and subcontractors and Contractor must inform its employees of whistleblower rights and remedies. Section 2.13 Federal Assistance Identification Number. Contractor shall include the Federal Assistance Identification Number (FAIN) on each subaward under a Federal award to enable reporting of expenditures according to the FAIN. As a condition of the award, Federal agencies require that all recipients document the assigned FAIN on each subaward under the Federal award. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 10 ARTICLE III SERVICES Section 3.01 Education to Persons in Residential Facilities. If applicable, Contractor shall ensure that all persons, who are housed in Department -licensed and/or -funded residential facilities and who are twenty-two (22) years of age or younger, have access to educational services as required by Tex. Educ. Code § 29.012. Contractor shall notify the local education agency or local early intervention program as prescribed by Tex. Educ. Code § 29.012 not later than the third calendar day after the date a person who is twenty-two (22) years of age or younger is placed in Contractor's residential facility. Section 3.02 Disaster Services. In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or as a federal disaster by the appropriate federal official, Contractor may be called upon to assist DSHS in providing services, as appropriate, in the following areas: community evacuation; health and medical assistance; assessment of health and medical needs; health surveillance; medical care personnel; health and medical equipment and supplies; patient evacuation; in-hospital care and hospital facility status; food, drug, and medical device safety; worker health and safety; mental health and substance abuse; public health information; vector control and veterinary services; and victim identification and mortuary services. Contractor shall carry out disaster services in the manner most responsive to the needs of the emergency, be cost-effective, and be least intrusive on Contractor's primary services. Section 3.03 Consent to Medical Care of a Minor. If Contractor provides medical, dental, psychological or surgical treatment to a minor under this Contract, either directly or through contracts with subcontractors, Contractor shall not provide treatment of a minor unless informed consent to treatment is obtained pursuant to Tex. Fam. Code Chapter 32, relating to consent to treatment of a child by a non -parent or child or pursuant to other state law. If requirements of federal law relating to consent directly conflict with Tex. Fam. Code Chapter 32, federal law supersedes state law. Section 3.04 Telemedicine Medical Services. Contractor shall ensure that if Contractor or its subcontractor uses telemedicine/telepsychiatry that the services are implemented in accordance with written procedures and using a protocol approved by Contractor's medical director and using equipment that complies with the equipment standards as required by the Department. Procedures for providing telemedicine service must include the following requirements: General Provisions (Core Subrecipient) 2015 (July 1, 2014) 11 a) clinical oversight by Contractor's medical director or designated physician responsible for medical leadership; b) contraindication considerations for telemedicine use; c) qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d) safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e) use by credentialed licensed providers providing clinical care within the scope of their licenses; 1) demonstrated competency in the operations of the system by all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g) priority in scheduling the system for clinical care of individuals; h) quality oversight and monitoring of satisfaction of the individuals served; and i) management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under Rule § 448.911. Section 3.05 Fees for Personal Health Services. Contractor may develop a system and schedule of fees for personal health services in accordance with the provisions of Tex. Health & Safety Code § 12.032, DSHS Rule §1.91 covering Fees for Personal Health Services, and other applicable laws or grant requirements. The amount of a fee must not exceed the actual cost of providing the services. No client may be denied a service due to inability to pay. Any charges assessed to individuals for screenings must be accounted for as Program Income in accordance with the DSHS Contractor's Financial Procedure Manual. Section 3.06 Cost Effective Purchasing of Medications. If medications are funded under this Contract, Contractor shall make needed medications available to clients at the lowest possible prices and use the most cost effective medications purchasing arrangement possible. Section 3.07 Services and Information for Persons with Limited English Proficiency. Contractor shall take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. Contractor shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. Contractor shall make every effort to avoid use of any persons under the age of eighteen (18) or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 12 ARTICLE IV FUNDING Section 4.01 Debt to State and Corporate Status. Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Contractor if Contractor is indebted to the State for any reason, including a tax delinquency. Contractor, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.001 et seq.). Contractor, if a corporation, further certifies that it is and will remain in good standing with the Secretary of State's office. A false statement regarding franchise tax or corporate status is a material breach of this Contract. If franchise tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Contractor's delinquent franchise tax is paid in full. Section 4.02 Application of Payment Due. Contractor agrees that any payments due under this Contract will be applied towards any debt of Contractor, including but not limited to delinquent taxes and child support that is owed to the State of Texas. Section 4.03 Use of Funds. Contractor shall expend Department funds only for the provision of approved services and for reasonable and allowable expenses directly related to those services. Section 4.04 Use for Match Prohibited. Contractor shall not use funds provided through this Contract for matching purposes in securing other funding unless directed or approved by the Department in writing. Section 4.05 Program Income. Gross income directly generated from Department funds through a project or activity performed under a Program Attachment and/or earned only as a result of a Program Attachment during the term of the Program Attachment are considered program income. Unless otherwise required under the terms of the grant funding this Contract, Contractor shall use the addition alternative, as provided in UGMS § .25(g)(2), for the use of program income to further the program objectives of the state or federal statute under which the Program Attachment was made, and Contractor shall spend the program income on the same Program Attachment project in which it was generated. Contractor shall identify and report this income in accordance with the Compliance and Reporting Article of these General Provisions, the Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm and the provisions of the Program Attachment(s). Contractor shall expend program income during the Program Attachment term and may not carry forward to any succeeding term. Contractor shall refund program income not expended in the term in which it is earned to DSHS. DSHS may base future funding levels, in part, upon Contractor's General Provisions (Core Subrecipient) 2015 (July 1, 2014) 13 proficiency in identifying, billing, collecting, and reporting program income, and in using it for the purposes and under the conditions specified in this Contract. Section 4.06 Nonsupplanting. Contractor shall not supplant (i.e., use funds from this Contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this Contract) but rather shall use funds from this Contract to supplement existing state or local funds currently available for a particular activity. Contractor shall make a good faith effort to maintain its current level of support. Contractor may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE V PAYMENT METHODS AND RESTRICTIONS Section 5.01 Payment Methods. Except as otherwise provided by the provisions of the Program Attachment(s), the payment method for each Program Attachment will be one of the following methods: a) cost reimbursement. This payment method is based on an approved budget in the Program Attachment(s) and acceptable submission of a request for reimbursement; or b) unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service, as stated in the Program Attachment(s) and acceptable submission of all required documentation, forms and/or reports. Section 5.02 Billing Submission. Contractors shall bill the Department in accordance with the Program Attachment(s) in the form and format prescribed by DSHS. Unless otherwise specified in the Program Attachment(s) or permitted under the Third Party Payors section of this Article, Contractor shall submit requests for reimbursement or payment monthly by the last business day of the month following the end of the month covered by the bill. Contractor shall maintain all documentation that substantiates billing submissions and make the documentation available to DSHS upon request. Section 5.03 Final Billing Submission. Unless otherwise provided by the Department, Contractor shall submit a reimbursement or payment request as a final close-out bill not later than forty-five (45) calendar days following the end of the term of the Program Attachment for goods received and services rendered during the term. If necessary to meet this deadline, Contractor may submit reimbursement or payment requests by facsimile transmission. Reimbursement or payment requests received in DSHS' s offices more than forty-five (45) calendar days following the end of the applicable term will not be paid. Consideration of requests for an exception will be made on a case-by-case basis, subject to the availability of funding, and only for an extenuating circumstance, such as a catastrophic event, natural disaster, or criminal activity that substantially interferes with normal business operations or causes damage or destruction of a place of business and/or records. A written statement describing the extenuating General Provisions (Core Subrecipient) 2015 (July 1, 2014) 14 circumstance and the last request for reimbursement must be submitted for review and approval to the DSHS Accounting Section. Section 5.04 Working Capital Advance. If allowed under this Contract, a single one-time working capital advance per term of the Program Attachment may be granted at the Department's discretion. Contractor must submit documentation to the contract manager assigned to the Program Attachment to justify the need for a working capital advance. Contractor shall liquidate the working capital advance as directed by the Department. The requirements for the documentation justifying the need for an advance and the directions for liquidating the advance are found in the Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm . Section 5.05 Financial Status Reports (FSRs). Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Contractor shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for Department review and financial assessment. Contractor shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. Section 5.06 Third Party Payors. A third party payor is any person or entity who has the legal responsibility for paying for all or part of the services provided. Third party payors include, but are not limited to, commercial health or liability insurance carriers, Medicaid, or other federal, state, local, and private funding sources. Except as provided in this Contract, Contractor shall screen all clients and shall not bill the Department for services eligible for reimbursement from third party payors. Contractor shall (a) enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs, and bill those programs for the covered services; (b) provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; (c) allow clients who are otherwise eligible for Department services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the Department for the deductible; (d) not bill the Department for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted, in which case the thirty (30) -day requirement in the Billing Submission section will be extended until all such appeals have been exhausted; (e) maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; (f) bill all third party payors for services provided under this Contract before submitting any request for reimbursement to Department; and (g) provide third party billing functions at no cost to the client. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 15 ARTICLE VI TERMS AND CONDITIONS OF PAYMENT Section 6.01 Prompt Payment. Upon receipt of a timely, undisputed invoice pursuant to this Contract, Department will pay Contractor. Payments and reimbursements are contingent upon a signed Contract and will not exceed the total amount of authorized funds under this Contract. Contractor is entitled to payment or reimbursement only if the service, work, and/or product has been authorized by the Department and performed or provided pursuant to this Contract. If those conditions are met, Department will make payment in accordance with the Texas prompt payment law (Tex. Gov. Code Chapter 2251). Contractor shall comply with Tex. Gov. Code Chapter 2251 regarding its prompt payment obligations to subcontractors. Section 6.02 Department Review. Payment of invoices by the Department will not constitute acceptance or approval of Contractor's performance, and all invoices and Contractor's performance are subject to audit or review and recoupment of payments by the Department. Section 6.03 Withholding Payments. Department may withhold all or part of any payments to Contractor to offset reimbursement for any ineligible expenditures, disallowed costs, or overpayments that Contractor has not refunded to Department, or if financial status report(s) required by the Department are not submitted by the date(s) due. Department may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Section 6.04 Condition Precedent to Requesting Payment. Contractor shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from Department. Section 6.05 Acceptance as Payment in Full. Except as permitted in the Fees for Personal Health Services section of the Services Article of these General Provisions or under 25 Tex. Admin. Code § 444.413, Contractor shall accept reimbursement or payment from DSHS as payment in full for services or goods provided to clients or participants, and Contractor shall not seek additional reimbursement or payment for services or goods from clients or participants or charge a fee or make a profit with respect to the Contract. A fee or profit is considered to be an amount in excess of actual allowable costs that are incurred in conducting an assistance program. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 16 ARTICLE VII ALLOWABLE COSTS AND AUDIT REQUIREMENTS Section 7.01 Allowable Costs. For services satisfactorily performed, and sufficiently documented, pursuant to this Contract, DSHS will reimburse Contractor for allowable costs. Contractor must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DSHS will determine whether costs submitted by Contractor are allowable and eligible for reimbursement. If DSHS has paid funds to Contractor for unallowable or ineligible costs, DSHS will notify Contractor in writing, and Contractor shall return the funds to DSHS within thirty (30) calendar days of the date of this written notice. DSHS may withhold all or part of any payments to Contractor to offset reimbursement for any unallowable or ineligible expenditures that Contractor has not refunded to DSHS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DSHS may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Contractor's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments OMB Circular A-87 (2 CFR, Part 225) OMB Circular A-133 and UGMS UGMS, OMB Circular A-102, and applicable Federal awarding agency common rule Educational Institutions OMB Circular A-21 (2 CFR, Part 220) OMB Circular A-133 OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule; and UGMS, as applicable Non -Profit Organizations OMB Circular A-122 (2 CFR, Part 230) OMB Circular A-133 and UGMS UGMS; OMB Circular A-110 (2 CFR, Part 215) and applicable Federal awarding agency common rule For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency OMB Circular A- 133 and UGMS UGMS and applicable Federal awarding agency common rule A chart of applicable Federal awarding agency common rules is located through a weblink on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. OMB Circulars will be applied General Provisions (Core Subrecipient) 2015 (July 1, 2014) 17 with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Section 7.02 Independent Single or Program -Specific Audit. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in federal funds awarded, Contractor shall have a single audit or program -specific audit in accordance with the Office of Management and Budget (OMB) Circ. No. A-133, the Single Audit Act of 1984, P L 98- 502, 98 Stat. 2327, and the Single Audit Act Amendments of 1996, P L 104-156, 110 Stat. 1396. The $500,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Contractor within Contractor's fiscal year expends a total amount of at least $500,000 in state funds awarded, Contractor must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. For-profit Contractors whose expenditures meet or exceed the federal and/or state expenditure thresholds stated above shall follow the guidelines in OMB Circular A-133 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Contractor to complete the Single Audit Status Registration Form. If Contractor fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by OIG to do so, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS, which is accessible through a web link on the DSHS website at http://www.dshs.state.tx.us/contracts/links.shtm. Contractor shall procure audit services in compliance with this section, state procurement procedures, as well as with the provisions of UGMS. Contractor, unless Contractor is a state governmental entity, shall competitively re -procure independent single audit services at least every six (6) years. Section 7.03 Submission of Audit. Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Contractor shall submit one copy to the Department's Contract Oversight and Support Section, and one copy to the OIG, at the following addresses: Department of State Health Services Health and Human Services Commission Contract Oversight and Support, Mail Code Office of Inspector General 1326 Compliance/Audit, Mail Code 1326 P.O. Box 149347 P.O. Box 85200 Austin, Texas 78714-9347 Austin, Texas 78708-5200 Electronic submission to DSHS should be addressed as follows: COSContractAdministration@dshs.state.tx.us Electronic submission to HHSC should be addressed as follows: Queenah.Teamah@hhsc.state.tx.us General Provisions (Core Subrecipient) 2015 (July 1, 2014) 18 If Contractor fails to submit the audit report as required by the Independent Single or Program - Specific Audit section within thirty (30) calendar days of receipt by Contractor of an audit report, Contractor shall be subject to DSHS sanctions and remedies for non-compliance with this Contract. ARTICLE VIII CONFIDENTIALITY Section 8.01 Maintenance of Confidentiality. Contractor shall maintain the privacy and confidentiality of information and records received during or related to the performance of this Contract, including patient and client records that contain protected health information (PHI), and any other information that discloses confidential personal information or identifies any client served by DSHS, in accordance with applicable federal and state laws, rules and regulations, including but not limited to 7 CFR Part 246; 42 CFR Part 2; 45 CFR Parts 160 and 164 (Health Insurance Portability and Accountability Act [HIPAA]); Tex. Health & Safety Code Chapters 12, 47, 81, 82, 85, 88, 92, 161, 181, 241, 245, 251, 534, 576, 577, 596, 611, and 773; and Tex. Occ. Code Chapters 56 and 159 and all applicable rules and regulations. Section 8.02 Department Access to PHI and Other Confidential Information. Contractor shall cooperate with Department to allow Department to request, collect and receive PHI and other confidential information under this Contract, without the consent of the individual to whom the PHI relates, for funding, payment and administration of the grant program, and for purposes permitted under applicable state and federal confidentiality and privacy laws. Section 8.03 Exchange of Client -Identifying Information. Except as prohibited by other law, Contractor and DSHS shall exchange PHI without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Tex. Health & Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable laws or rules. Contractor shall disclose information described in Tex. Health & Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Tex. Health & Safety Code § 614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. Section 8.04 Security of Patient or Client Records. Contractor shall maintain patient and client records in compliance with state and federal law relating to security and retention of medical or mental health and substance abuse patient and client records. Department may require Contractor to transfer original or copies of patient and client records to Department, without the consent or authorization of the patient or client, upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if the care and treatment of the individual patient or client is transferred to another entity. Prior to providing services funded under this Contract to a patient or client, Contractor shall attempt to obtain consent from the patient or client to transfer copies of patient or client records to another entity funded by DSHS upon termination of this Contract or a Program Attachment to this Contract, as applicable, or if care or treatment is transferred to another DSHS-funded contractor. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 19 Section 8.05 HIV/AIDS Model Workplace Guidelines. If providing direct client care, services, or programs, Contractor shall implement Department's policies based on the HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome) Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, Policy No. 090.021, and Contractor shall educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Tex. Health & Safety Code § 85.112-114. A link to the Model Workplace Guidelines can be found at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm. ARTICLE IX REQUIRED DISCLOSURES Section 9.01 Texas Public Information Act. Notwithstanding any provision in this Contract to the contrary, the Department will comply with the Texas Public Information Act, Texas Government Code, Chapter 552, as interpreted by judicial opinions and the opinions of the Attorney General of the State of Texas. If Contractor is not a state agency, institution of higher education or other governmental entity, then Contractor is required to make any information created or exchanged with the state pursuant to a contract, which is not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state. ARTICLE X RECORDS RETENTION Section 10.01 Retention. Contractor shall retain and preserve records in accordance with applicable state and federal statutes, rules and regulations. At a minimum, Contractor shall retain and preserve all other records, including financial records that are generated or collected by Contractor under the provisions of this Contract, for a period of four (4) years after the termination of this Contract. If services are funded through Medicaid, the federal retention period, if more than four (4) years, will apply. Contractor shall retain all records pertaining to this Contract that are the subject of litigation or an audit until the litigation has ended or all questions pertaining to the audit are resolved. Legal requirements for Contractor may extend beyond the retention schedules established in this section. Contractor shall retain medical records in accordance with Tex. Admin. Code Title 22, Part 9, § 165.1(b) and (c) or other applicable statutes, rules and regulations governing medical information. Contractor shall include this provision concerning records retention in any subcontract it awards. If Contractor ceases business operations, it shall ensure that records relating to this Contract are securely stored and are accessible by the Department upon Department's request for at least four (4) years from the date Contractor ceases business or from the date this Contract terminates, whichever is sooner. Contractor shall provide, and update as necessary, the name and address of the party responsible for storage of records to the contract manager assigned to the Program Attachment. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 20 ARTICLE XI ACCESS, INSPECTION AND AUDIT OF RECORDS Section 11.01 Access and Inspection. In addition to any right of access arising by operation of law, Contractor, and any of Contractor's affiliate or subsidiary organizations or subcontractors shall permit the Department or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, including the Comptroller General of the United States, OIG, and the State Auditor's Office (SAO), unrestricted access to and the right to examine any site where business is conducted or client services are performed, and all records (including financial records, client and patient records, if any, and Contractor's personnel records and governing body personnel records), books, papers or documents related to this Contract; and the right to interview members of Contractor's governing body, staff, volunteers, participants and clients concerning the Contract, Contractor's business and client services. If deemed necessary by the Department or the OIG, for the purpose of investigation or hearing, Contractor shall produce original documents related to this Contract. The Department and HHSC will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Contractor shall make available to the Department information collected, assembled or maintained by Contractor relative to this Contract for the Department to respond to requests that it receives under the Public Information Act. Contractor shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any subcontract it awards. Section 11.02 State Auditor's Office. Contractor shall, upon request, make all records, books, papers, documents, or recordings related to this Contract available for inspection, audit, or reproduction during normal business hours to any authorized representative of the SAO. Contractor understands that the acceptance of funds under this Contract acts as acceptance of the authority of the SAO, or any successor agency, to conduct an audit or investigation in connection with those funds. Contractor shall cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested, and providing access to any information the SAO considers relevant to the investigation or audit. The SAO's authority to audit funds will apply to Contract funds disbursed by Contractor to its subcontractors, and Contractor shall include this provision concerning the SAO's authority to audit and the requirement to cooperate, in any subcontract Contractor awards. Section 11.03 Responding to Deficiencies. Any deficiencies identified by DSHS or HHSC upon examination of Contractor's records or during an inspection of Contractor's site(s) will be conveyed in writing to Contractor. Contractor shall submit, by the date prescribed by DSHS, a resolution to the deficiency identified in a site inspection, program or management review or financial audit to the satisfaction of DSHS or, if directed by DSHS, a corrective action plan to resolve the deficiency. A DSHS or HHSC determination of either an inadequate or inappropriate resolution of the findings may result in contract remedies or sanctions under the Breach of Contract and Remedies for Non -Compliance Article of these General Provisions. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 21 ARTICLE XII NOTICE REQUIREMENTS Section 12.01 Child Abuse Reporting Requirement. This section applies to mental health and substance abuse contractors and contractors for the following public health programs: Human Immunodeficiency Virus/Sexually Transmitted Diseases (HIV/STD); Family Planning (Titles V, X and XX); Primary Health Care; Maternal and Child Health; and Women, Infants and Children (WIC) Nutrition Services. Contractor shall comply with child abuse reporting guidelines and requirements in Tex. Fam. Code Chapter 261 relating to investigations of reports of child abuse and neglect. Contractor shall develop, implement and enforce a written policy that includes at a minimum the Department' s Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers and train all staff on reporting requirements. Contractor shall use the DSHS Child Abuse Reporting Form as required by the Department located at www.dshs.state.tx.us/childabusereporting. Contractor shall retain reporting documentation on site and make it available for inspection by DSHS. Section 12.02 Significant Incidents. In addition to notifying the appropriate authorities, Contractor shall report to the contract manager assigned to the Program Attachment significant incidents involving substantial disruption of Contractor's program operation, or affecting or potentially affecting the health, safety or welfare of Department -funded clients or participants within seventy-two (72) hours of discovery. Section 12.03 Litigation. Contractor shall notify the contract manager assigned to the Program Attachment of litigation related to or affecting this Contract and to which Contractor is a party within seven (7) calendar days of becoming aware of such a proceeding. This includes, but is not limited to an action, suit or proceeding before any court or governmental body, including environmental and civil rights matters, professional liability, and employee litigation. Notification must include the names of the parties, nature of the litigation and remedy sought, including amount of damages, if any. Section 12.04 Contract or License Action Against the Contractor. Contractor shall notify the contract manager assigned to the Contract if Contractor has had a contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within three (3) working days of the suspension or termination. Such notification must include the reason for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the contract; the date of the suspension or termination; and the contract or case reference number. If Contractor, as an organization, has surrendered its license or has had its license suspended or revoked by any local, state or federal department or agency or non- profit entity, it shall disclose this information within three (3) working days of the surrender, suspension or revocation to the contract manager assigned to the Program Attachment by submitting a one-page description that includes the reason(s) for such action; the name and contact information of the local, state or federal department or agency or entity; the date of the license action; and a license or case reference number. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 22 Section 12.05 Insolvency. Contractor shall notify in writing the contract manager assigned to the Program Attachment of Contractor's insolvency, incapacity, or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission (TWC) within three (3) working days of the date of determination that Contractor is insolvent or incapacitated, or the date Contractor discovered an unpaid obligation to the IRS or TWC. Contractor shall notify in writing the contract manager assigned to the Program Attachment of its plan to seek bankruptcy protection within three (3) working days of such action by Contractor's governing body. Section 12.06 Misuse of Funds and Performance Malfeasance. Contractor shall report to the contract manager assigned to the Program Attachment, any knowledge of debarment, suspected fraud, program abuse, possible illegal expenditures, unlawful activity, or violation of financial laws, rules, policies, and procedures related to performance under this Contract. Contractor shall make such report no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Additionally, if this Contract is federally funded by the Department of Health and Human Services (HHS), Contractor shall report any credible evidence that a principal, employee, subcontractor or agent of Contractor, or any other person, has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving those funds. Contractor shall make this report to the SAO at http://sao.fraud.state.tx.us, and to the HHS Office of Inspector General at http://www.oig.hhs.gov/fraud/hotline/ no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Section 12.07 Criminal Activity and Disciplinary Action. Contractor affirms that no person who has an ownership or controlling interest in the organization or who is an agent or managing employee of the organization has been placed on community supervision, received deferred adjudication, is presently indicted for or has been convicted of a criminal offense related to any financial matter, federal or state program or felony sex crime. Contractor shall notify in writing the contract manager assigned to the Program Attachment if it has reason to believe Contractor, or a person with ownership or controlling interest in the organization or who is an agent or managing employee of the organization, an employee or volunteer of Contractor, or a subcontractor providing services under this Contract has engaged in any activity that would constitute a criminal offense equal to or greater than a Class A misdemeanor or if such activity would reasonably constitute grounds for disciplinary action by a state or federal regulatory authority, or has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. Contractor shall make the reports required by this section no later than three (3) working days from the date that Contractor has knowledge or reason to believe such activity has taken place. Contractor shall not permit any person who engaged, or was alleged to have engaged, in an activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed by DSHS. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 23 Section 12.08 Retaliation Prohibited. Contractor shall not retaliate against any person who reports a violation of, or cooperates with an investigation regarding, any applicable law, rule, regulation or standard to the Department, another state agency, or any federal, state or local law enforcement official. Section 12.09 Documentation. Contractor shall maintain appropriate documentation of all notices required under these General Provisions. ARTICLE XIII ASSURANCES AND CERTIFICATIONS Section 13.01 Certification. Contractor certifies by execution of this Contract to the following: a) it is not disqualified under 2 CFR §376.935 or ineligible for participation in federal or state assistance programs; b) neither it, nor its principals, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal or state department or agency in accordance with 2 CFR Parts 376 and 180 (parts A -I), 45 CFR Part 76 (or comparable federal regulations); c) it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a federal or state agency; d) it is not subject to an outstanding judgment in a suit against Contractor for collection of the balance of a debt; e) it is in good standing with all state and/or federal agencies that have a contracting or regulatory relationship with Contractor; 1) that no person who has an ownership or controlling interest in Contractor or who is an agent or managing employee of Contractor has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or a federal block grant; g) neither it, nor its principals have within the three(3)-year period preceding this Contract, has been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a private or public (federal, state or local) transaction or contract under a private or public transaction, violation of federal or state antitrust statutes (including those proscribing price-fixing between competitors, allocation of customers between competitors and bid -rigging), or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or false claims, tax evasion, obstruction of justice, receiving stolen property or any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of Contactor or its principals; h) neither it, nor its principals is presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with the commission of any of the offenses enumerated in subsection g) of this section; and i) neither it, nor its principals within a three(3)-year period preceding this Contract has had one or more public transaction (federal, state or local) terminated for cause or default. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 24 Contractor shall include the certifications in this Article in all subcontracts and solicitations for subcontracts. Where Contractor is unable to certify to any of the statements in this Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If Contractor's status with respect to the items certified in this Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 13.02 Child Support Delinquencies. As required by Tex. Fam. Code § 231.006, a child support obligor who is more than thirty (30) calendar days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least twenty-five percent (25%) is not eligible to receive payments from state funds under a contract to provide property, materials, or services or receive a state -funded grant or loan. If applicable, Contractor shall maintain its eligibility to receive payments under this Contract, certifies that it is not ineligible to receive the payments specified in this Contract, and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. Section 13.03 Authorization. Contractor certifies that it possesses legal authority to contract for the services described in this Contract and, if applicable, that a resolution, motion or similar action has been duly adopted or passed as an official act of Contractor' s governing body, authorizing the binding of the organization under this Contract including all understandings and assurances contained in this Contract, and directing and authorizing the person identified as the authorized representative of Contractor to act in connection with this Contract and to provide such additional information as may be required. Section 13.04 Gifts and Benefits Prohibited. Contractor certifies that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, present or future employment, gift, loan, gratuity, special discount, trip, favor, service or anything of monetary value to a DSHS or HHSC official or employee in connection with this Contract. Section 13.05 Ineligibility to Receive the Contract. (a) Pursuant to Tex. Gov. Code § 2155.004 and federal law, Contractor is ineligible to receive this Contract if this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements, statement(s) of work or Solicitation Document on which this Contract is based. Contractor certifies that neither Contractor, nor its employees, nor anyone acting for Contractor has received compensation from DSHS for participation in the development, drafting or preparation of specifications, requirements or statement(s) of work for this Contract or in the Solicitation Document on which this Contract is based; (b) pursuant to Tex. Gov. Code §§ 2155.006 and 2261.053, Contractor is ineligible to receive this Contract, if Contractor or any person who would have financial General Provisions (Core Subrecipient) 2015 (July 1, 2014) 25 participation in this Contract has been convicted of violating federal law, or been assessed a federal civil or administrative penalty, in connection with a contract awarded by the federal government for relief, recovery or reconstruction efforts as a result of Hurricanes Rita or Katrina or any other disaster occurring after September 24, 2005; (c) Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract under Tex. Gov. Code §§ 2155.004, 2155.006 or 2261.053, and acknowledges that this Contract may be terminated and payment withheld if these certifications are inaccurate. Section 13.06 Antitrust. Pursuant to 15 USC § 1, et seq. and Tex. Bus. & Comm. Code § 15.01, et seq. Contractor certifies that neither Contractor, nor anyone acting for Contractor has violated the antitrust laws of this state or federal antitrust laws, nor communicated directly or indirectly regarding a bid with any competitor or any other person engaged in Contractor's line of business for the purpose of substantially lessening competition in such line of business. Section 13.07 Initiation and Completion of Work. Contractor certifies that it shall initiate and complete the work under this Contract within the applicable time frame prescribed in this Contract. ARTICLE XIV GENERAL BUSINESS OPERATIONS OF CONTRACTOR Section 14.01 Responsibilities and Restrictions Concerning Governing Body, Officers and Employees. Contractor and its governing body shall bear full responsibility for the integrity of the fiscal and programmatic management of the organization. This provision applies to all organizations, including Section 501(c) (3) organizations as defined in the Internal Revenue Service Code as not-for-profit organizations. Each member of Contractor's governing body shall be accountable for all funds and materials received from Department. The responsibility of Contractor's governing body shall also include accountability for compliance with Department Rules, policies, procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and Department's monitoring processes. Further, Contractor's governing body shall ensure separation of powers, duties, and functions of governing body members and staff. Staff members, including the executive director, shall not serve as voting members of Contractor's governing body. No member of Contractor's governing body, or officer or employee of Contractor shall vote for, confirm or act to influence the employment, compensation or change in status of any person related within the second degree of affinity or the third degree of consanguinity (as defined in Tex. Gov. Code Chapter 573) to the member of the governing body or the officer or any employee authorized to employ or supervise such person. This prohibition does not prohibit the continued employment of a person who has been continuously employed for a period of two (2) years prior to the election, appointment or employment of the officer, employee, or governing body member related to such person in the prohibited degree. These restrictions also apply to the governing body, officers and employees of Contractor's subcontractors. Ignorance of any Contract provisions or other General Provisions (Core Subrecipient) 2015 (July 1, 2014) 26 requirements contained or referred to in this Contract will not constitute a defense or basis for waiving or appealing such provisions or requirements. Section 14.02 Management and Control Systems. Contractor shall comply with all the requirements of the Department's Contractor's Financial Procedures Manual, and any of its subsequent amendments, which is available at the Department's web site: http://www.dshs.state.tx.us/contracts/cfpm.shtm. Contractor shall maintain an appropriate contract administration system to ensure that all terms, conditions, and specifications are met during the term of the contract through the completion of the closeout procedures. Contractor shall develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGMS and adhere to procedures detailed in Department's Contractor's Financial Procedures Manual. Those requirements and procedures include, at a minimum, the following: a) financial planning, including the development of budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; b) financial management systems that include accurate accounting records that are accessible and identify the source and application of funds provided under each Program Attachment of this Contract, and original source documentation substantiating that costs are specifically and solely allocable to a Program Attachment and are traceable from the transaction to the general ledger; and c) effective internal and budgetary controls; comparison of actual costs to budget; determination of reasonableness, allowableness, and allocability of costs; timely and appropriate audits and resolution of any findings; billing and collection policies; and a mechanism capable of billing and making reasonable efforts to collect from clients and third parties. Section 14.03 Insurance. Contractor shall maintain insurance or other means of repairing or replacing assets purchased with Department funds. Contractor shall repair or replace with comparable equipment any such equipment not covered by insurance that is lost, stolen, damaged or destroyed. If any insured equipment purchased with DSHS funds is lost, stolen, damaged or destroyed, Contractor shall notify the contract manager assigned to the Program Attachment to obtain instructions whether to submit and pursue an insurance claim. Contractor shall use any insurance proceeds to repair the equipment or replace the equipment with comparable equipment or remit the insurance proceeds to DSHS. Section 14.04 Fidelity Bond. For the benefit of DSHS, Contractor is required to carry a fidelity bond or insurance coverage equal to the amount of funding provided under this Contract up to $100,000 that covers each employee of Contractor handling funds under this Contract, including person(s) authorizing payment of such funds. The fidelity bond or insurance must provide for indemnification of losses occasioned by (1) any fraudulent or dishonest act or acts committed by any of Contractor's employees, either individually or in concert with others, and/or (2) failure of Contractor or any of its employees to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. The bond or insurance acquired under this section must include General Provisions (Core Subrecipient) 2015 (July 1, 2014) 27 coverage for third party property. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the fidelity bond or insurance. Section 14.05 Liability Coverage. For the benefit of DSHS, Contractor shall at all times maintain liability insurance coverage, referred to in Tex. Gov. Code § 2261.102, as "director and officer liability coverage" or similar coverage for all persons in management or governing positions within Contractor's organization or with management or governing authority over Contractor's organization (collectively "responsible persons"). Contractor shall maintain copies of liability policies on site for inspection by DSHS and shall submit copies of policies to DSHS upon request. This section applies to entities that are organized as non-profit corporations under the Texas Non -Profit Corporation Act; for-profit corporations organized under the Texas Business Corporations Act; and any other legal entity. Contractor shall maintain liability insurance coverage in an amount not less than the total value of this Contract and that is sufficient to protect the interests of Department in the event an actionable act or omission by a responsible person damages Department's interests. Contractor shall notify, and obtain prior approval from, the DSHS Contract Oversight and Support Section before settling a claim on the insurance. Section 14.06 Overtime Compensation. Except as provided in this section, Contractor shall be responsible for any obligations of premium overtime pay due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the employee's normal rate of pay for hours worked in excess of normal working hours. Funds provided under this Contract may be used to pay the premium portion of overtime only under the following conditions: 1) with the prior written approval of DSHS; 2) temporarily, in the case of an emergency or an occasional operational bottleneck; 3) when employees are performing indirect functions, such as administration, maintenance, or accounting; 4) in performance of tests, laboratory procedures, or similar operations that are continuous in nature and cannot reasonably be interrupted or otherwise completed; or 5) when lower overall cost to DSHS will result. Section 14.07 Program Site. Contractor shall provide services only in locations that are in compliance with all applicable local, state and federal zoning, building, health, fire, and safety standards. Section 14.08 Cost Allocation Plan. Contractor shall submit a Cost Allocation Plan in the format provided in the Department's Contractor's Financial Procedures Manual to the Department's Contract Oversight and Support Section, at Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to mailto:coscap@dshs.state.tx.us no later than the 60th calendar day after the effective date of the Contract, except when a Contractor has a current Cost Allocation Plan on file with the Department. Contractor shall implement and follow the applicable Cost Allocation Plan. If Contractor's plan is the same as the plan previously submitted to DSHS, by signing this Contract, Contractor certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. If the Cost Allocation Plan changes during the Contract term, Contractor shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within thirty (30) calendar days after General Provisions (Core Subrecipient) 2015 (July 1, 2014) 28 the effective date of the change Cost Allocation Plans must comply with the guidelines provided in the Department's Contractor's Financial Procedures Manual located at http://www.dshs.state.tx.us/contracts/cfpm.shtm. . Section 14.09 No Endorsement. Other than stating the fact that Contractor has a contract with DSHS, Contractor and its subcontractors are prohibited from publicizing the contractual relationship between Contractor and DSHS, and from using the Department's name, logo or website link in any manner that is intended, or that could be perceived, as an endorsement or sponsorship by DSHS or the State of Texas of Contractor's organization, program, services or product, without the express written consent of DSHS. Section 14.10 Historically Underutilized Businesses (HUBs). If Contractor was not required to submit a HUB subcontracting plan and if subcontracting is permitted under this Program Attachment, Contractor is encouraged to make a good faith effort to consider subcontracting with HUBs in accordance with Tex. Gov. Code Chapter 2161 and 34 Tex. Admin. Code § 20.10 et seq. Contractors may obtain a list of HUBs at http://www.window.state.tx.us/procurement/prog/hub. If Contractor has filed a HUB subcontracting plan, the plan is incorporated by reference in this Contract. If Contractor desires to make a change in the plan, Contractor must obtain prior approval from the Department's HUB Coordinator of the revised plan before proposed changes will be effective under this Contract. Contractor shall make a good faith effort to subcontract with HUBs during the performance of this Contract and shall report HUB subcontract activity to the Department's HUB Coordinator by the 15th day of each month for the prior month's activity, if there was any such activity, in accordance with 34 Tex. Admin. Code § 20.16(b). Section 14.11 Buy Texas. Contractor shall purchase products and materials produced in Texas when the products and materials are available at a price and time comparable to products and materials produced outside of Texas as required by Tex. Gov. Code § 2155.4441. Section 14.12 Contracts with Subrecipient and Vendor Subcontractors. Contractor may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in a specific Program Attachment(s). Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Contractor shall obtain written approval from DSHS. Contractor shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. Contractor shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by DSHS. Contractor shall ensure that subcontractors are fully aware of the requirements placed upon them by state/federal statutes, rules, and regulations and by the provisions of this Contract. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: a) name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); General Provisions (Core Subrecipient) 2015 (July 1, 2014) 29 b) a detailed description of the services to be provided; c) measurable method and rate of payment and total not -to -exceed amount of the contract; d) clearly defined and executable termination clause; and e) beginning and ending dates that coincide with the dates of the applicable Program Attachment(s) or that cover a term within the beginning and ending dates of the applicable Program Attachment(s). Contractor is responsible to DSHS for the performance of any subcontractor. Contractor shall not contract with a subcontractor, at any tier, that is debarred, suspended, or excluded from or ineligible for participation in federal assistance programs; or if the subcontractor would be ineligible under the following sections of these General Provisions: Ineligibility to Receive the Contract section (Assurances and Certifications Article); or the Conflict of Interest or Transactions Between Related Parties sections (General Terms Article). Section 14.13 Status of Subcontractors. Contractor shall require all subcontractors to certify that they are not delinquent on any repayment agreements; have not had a required license or certification revoked; and have not had a contract terminated by the Department. Contractors shall further require that subcontractors certify that they have not voluntarily surrendered within the past three (3) years any license issued by the Department. Section 14.14 Incorporation of Terms in Subrecipient Subcontracts. Contractor shall include in all its contracts with subrecipient subcontractors and solicitations for subrecipient subcontracts, without modification (except as required to make applicable to the subcontractor), (1) the certifications stated in the Assurances and Certifications Article; (2) the requirements in the Conflicts of Interest section and the Transaction Between Related Parties section of the General Terms Article; and (3) a provision granting to DSHS, SAO, OIG, and the Comptroller General of the United States, and any of their representatives, the right of access to inspect the work and the premises on which any work is performed, and the right to audit the subcontractor in accordance with the Access and Inspection Article in these General Provisions. Each subrecipient subcontract contract must also include a copy of these General Provisions and a copy of the Statement of Work and any other provisions in the Program Attachment(s) applicable to the subcontract. Contractor shall ensure that all written agreements with subrecipient subcontractors incorporate the terms of this Contract so that all terms, conditions, provisions, requirements, duties and liabilities under this Contract applicable to the services provided or activities conducted by a subcontractor are passed down to that subcontractor. No provision of this Contract creates privity of contract between DSHS and any subcontractor of Contractor. If a subcontractor is unable to certify to any of the statements in Section 14.13 or any of the certifications stated in the Assurances and Certifications Article, Contractor shall submit an explanation to the contract manager assigned to the Program Attachment. If the subcontractor' s status with respect to the items certified in Section 14.13 or the assurances stated in the Assurances and Certifications Article changes during the term of this Contract, Contractor shall immediately notify the contract manager assigned to the Program Attachment. Section 14.15 Independent Contractor. Contractor is an independent contractor. Contractor shall direct and be responsible for the performance of its employees, subcontractors, joint venture participants or agents. Contractor is not General Provisions (Core Subrecipient) 2015 (July 1, 2014) 30 an agent or employee of the Department or the State of Texas for any purpose whatsoever. For purposes of this Contract, Contractor acknowledges that its employees, subcontractors, joint venture participants or agents will not be eligible for unemployment compensation from the Department or the State of Texas. Section 14.16 Authority to Bind. The person or persons signing this Contract on behalf of Contractor, or representing themselves as signing this Contract on behalf of Contractor, warrant and guarantee that they have been duly authorized by Contractor to execute this Contract for Contractor and to validly and legally bind Contractor to all of its terms. Section 14.17 Tax Liability. Contractor shall comply with all state and federal tax laws and is solely responsible for filing all required state and federal tax forms and making all tax payments. If the Department discovers that Contractor has failed to remain current on a liability to the IRS, this Contract will be subject to remedies and sanctions under this Contract, including immediate termination at the Department' s discretion. If the Contract is terminated under this section, the Department will not enter into a contract with Contractor for three (3) years from the date of termination. Section 14.18 Notice of Organizational Change. Contractor shall submit written notice to the contract manager assigned to the Program Attachment within ten (10) business days of any change to the Contractor's name; contact information; key personnel, officer, director or partner; organizational structure, such as merger, acquisition or change in form of business; legal standing; or authority to do business in Texas. A change in Contractor's name and certain changes in organizational structure require an amendment to this Contract in accordance with the Amendments section of these General Provisions. Section 14.19 Quality Management. Contractor shall comply with quality management requirements as directed by the Department. Section 14.20 Equipment. Equipment means an article of nonexpendable, tangible personal property having a useful lifetime of more than one year and an acquisition cost of $5,000 or more. Contractors shall inventory all equipment, and report the inventory on the Contractors Property Inventory Form as required under Section 14.23. Contractor shall initiate the purchase of all equipment approved in writing by DSHS, in the first quarter of the Contract or Program Attachment term, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter of the Program Attachment must be submitted to the contract manager assigned to the Program Attachment. Section 14.21 Supplies. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than General Provisions (Core Subrecipient) 2015 (July 1, 2014) 31 $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non- portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. Prior approval by DSHS of the purchase of controlled assets is not required, but such purchases must be reported on the Contractors Property Inventory Form as detailed under Section 14.23. Section 14.22 Changes to Equipment List. All items of equipment to be_purchased with funds under this Contract must be itemized in Contractor's equipment list as finally approved by the Department in the executed Contract. Any changes to the approved equipment list in the executed Contract must be approved in writing by Department prior to the purchase of equipment. Contractor shall submit to the contract manager assigned to the Program Attachment, a written description including complete product specifications and need justification prior to purchasing any item of unapproved equipment. If approved, Department will acknowledge its approval by means of a written amendment or by written acceptance of Contractor's Contract Revision Request, as appropriate; or, in the case of minor changes to Contractor's approved equipment list, by email in accordance with the Contractor's Financial Procedures Manual. Section 14.23 Property Inventory and Protection of Assets. Contractor shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in the Other Intangible Property section of Article XV and submit an annual cumulative report of the equipment and other property on Contractor's Property Inventory Report to the Department's Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 15th of each year. The report is located on the DSHS website at http://www.dshs.state.tx.us/contracts/forms.shtm. Contractor shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. If Contractor is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Contractor shall use the proceeds to repair or replace those assets. Section 14.24 Bankruptcy. In the event of bankruptcy, Contractor shall sever Department property, equipment, and supplies in possession of Contractor from the bankruptcy, and title must revert to Department. If directed by DSHS, Contractor shall return all such property, equipment and supplies to DSHS. Contractor shall ensure that its subcontracts, if any, contain a specific provision requiring that in the event the subcontractor's bankruptcy, the subcontractor must sever Department property, equipment, and supplies in possession of the subcontractor from the bankruptcy, and title must revert to Department, who may require that the property, equipment and supplies be returned to DSHS. Section 14.25 Title to Property. At the conclusion of the contractual relationship between the Department and Contractor, for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to Deparhuent. Title may be transferred to any other party designated by Department. The Department may, at its option and to the extent allowed by law, transfer the reversionary interest to such property to Contractor. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 32 Section 14.26 Property Acquisitions. Department funds must not be used to purchase buildings or real property. Any costs related to the initial acquisition of the buildings or real property are not allowable. Section 14.27 Disposition of Property. Contractor shall follow the procedures in the American Hospital Association's (AHA's) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with the Department funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. If, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Contractor shall request disposition approval and instructions in writing from the contract manager assigned to the Program Attachment. After an item reaches the end of its useful life, Contractor shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Section 14.28 Closeout of Equipment. At the end of the term of a Program Attachment that has no additional renewals or that will not be renewed (Closeout) or when a Program Attachment is otherwise terminated, Contractor shall submit to the contract manager assigned to the Program Attachment, an inventory of equipment purchased with Department funds and request disposition instructions for such equipment. All equipment purchased with Department funds must be secured by Contractor at the time of Closeout or termination of the Program Attachment and must be disposed of according to the Department's disposition instructions, which may include return of the equipment to DSHS or transfer of possession to another DSHS contractor, at Contractor's expense. Section 14.29 Assets as Collateral Prohibited. Contractors on a cost reimbursement payment method shall not encumber equipment purchased with Department funds without prior written approval from the Department. ARTICLE XV GENERAL TERMS Section 15.01 Assignment. Contractor shall not transfer, assign, or sell its interest, in whole or in part, in this Contract, or in any equipment purchased with funds from this Contract, without the prior written consent of the Department. Section 15.02 Lobbying. Contractor shall comply with Tex. Gov. Code § 556.0055, which prohibits contractors who receive state funds from using those funds to pay lobbying expenses. Further, Contractor shall not use funds paid under this Contract, either directly or indirectly, to support the enactment, repeal, modification, or adoption of any law, regulation or policy at any level of government, or to pay the salary or General Provisions (Core Subrecipient) 2015 (July 1, 2014) 33 expenses of any person related to any activity designed to influence legislation, regulation, policy or appropriations pending before Congress or the state legislature, or for influencing or attempting to influence an officer or employee of any federal or state agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any contract or the extension, continuation, renewal, amendment, or modification of any contract (31 USC § 1352 and UGMS). If at any time this Contract exceeds $100,000 of federal funds, Contractor shall file with the contract manager assigned to the Program Attachment a declaration containing the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of Contractor in connection with this Contract, a certification that none of the funds provided by Department have been or will be used for payment to lobbyists, and disclosure of the names of any and all registered lobbyists with whom Contractor has an agreement. Contractor shall file the declaration, certification, and disclosure at the time of application for this Contract; upon execution of this Contract unless Contractor previously filed a declaration, certification, or disclosure form in connection with the award; and at the end of each calendar quarter in which any event occurs that materially affects the accuracy of the information contained in any declaration, certification, or disclosure previously filed. Contractor shall require any person who requests or receives a subcontract to file the same declaration, certification, and disclosure with the contract manager assigned to the Program Attachment. Contractor shall also comply, as applicable, with the lobbying restrictions and requirements in 2 CFR Part 230 (OMB Circulars A-122), Appendix B paragraph 25; 2 CFR Part 225 (A-87) Appendix B section -24; 2 CFR §215.27 (A-110) and 2 CFR Part 220 (A-21) Appendix A, subsection J.17 and J.28. Contractor shall include this provision in any subcontracts. Section 15.03 Conflict of Interest. Contractor represents to the Department that it and its -subcontractors, if any, do not have nor shall Contractor or its subcontractors knowingly acquire or retain, any financial or other interest that would conflict in any manner with the performance of their obligations under this Contract. Potential conflicts of interest include, but are not limited to, an existing or potential business or personal relationship between Contractor (or subcontractor), its principal (or a member of the principal's immediate family), or any affiliate or subcontractor and the Department or HHSC, their commissioners or employees, or any other entity or person involved in any way in any project that is the subject of this Contract. Contractor shall establish safeguards to prohibit employees and subcontractors and their employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. If, at any time during the term of this Contract, Contractor or any of its subcontractors has a conflict of interest or potential conflict of interest, Contractor shall disclose the actual or potential conflict of interest to the contract manager assigned to the Program Attachment within ten (10) days of when Contractor becomes aware of the existence of the actual or potential conflict of interest. Contractor shall require each of its subcontractors to report to Contractor any conflict of interest or potential conflict of interest the subcontractor has or may have within ten (10) days of when the subcontractor becomes aware of the actual or potential conflict of interest. Section 15.04 Transactions Between Related Parties. Contractor shall identify and report to DSHS any transactions between Contractor and a related party that is part of the work that the Department is purchasing under this Contract before entering into the transaction or immediately upon discovery. A related party is a person or entity related to Contractor by blood or marriage, common ownership or any association that permits either to significantly General Provisions (Core Subrecipient) 2015 (July 1, 2014) 34 influence or direct the actions or policies of the other. Contractor, for purposes of reporting transactions between related parties, includes the entity contracting with the Department under this Contract as well as the chief executive officer, chief financial officer and program director of Contractor. Contractor shall submit to the contract manager assigned to the Program Attachment the name, address and telephone number of the related party, how the party is related to Contractor and the work the related party will perform under this Contract. Contractor shall comply with Tex. Gov. Code Chapter 573. Contractor shall maintain records and supply any additional information requested by the Department, regarding a transaction between related parties, needed to enable the Department to determine the appropriateness of the transaction pursuant to applicable state or federal law, regulations or circulars, which may include 45 CFR part 74, OMB Circ. No. A-110, 2 CFR § 215.42, and UGMS. Section 15.05 Intellectual Property. Tex. Health & Safety Code § 12.020 authorizes DSHS to protect intellectual property developed as a result of this Contract. a) "Intellectual property" means created property that may be protected under copyright, patent, or trademark/service mark law. b) For purposes of this Contract intellectual property prepared for DSHS use, or a work specially ordered or commissioned through a contract for DSHS use is "work made for hire." DSHS owns works made for hire unless it agrees otherwise by contract. To the extent that title and interest to any such work may not, by operation of law, vest in DSHS, or such work may not be considered a work made for hire, Contractor irrevocably assigns the rights, title and interest therein to DSHS. DSHS has the right to obtain and hold in its name any and all patents, copyrights, registrations or other such protections as may be appropriate to the subject matter, and any extensions and renewals thereof. Contractor shall give DSHS and the State of Texas, as well as any person designated by DSHS and the State of Texas, all assistance required to perfect the rights defined herein without charge or expense beyond those amounts payable to Contractor for goods provided or services rendered under this Contract. c) If federal funds are used to finance activities supported by this Contract that result in the production of intellectual property, the federal awarding agency reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for federal government purposes (1) the copyright in any intellectual property developed under this Contract, including any subcontract; and (2) any rights of copyright to which a Contractor purchases ownership with contract funds. Contractor shall place an acknowledgment of federal awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such support and, if feasible, on any publication reporting the results of or describing a grant -supported activity. An acknowledgment must be to the effect that "This publication was made possible by grant number from (federal awarding agency)" or "The project described was supported by grant number from (federal awarding agency)" and "Its contents are solely the responsibility of the authors and do not necessarily represent the official views of the (federal awarding agency)." d) If the terms of a federal grant award the copyright to Contractor, DSHS reserves a royalty - free, nonexclusive, worldwide and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for DSHS, public health, and state governmental noncommercial purposes (1) the copyright, trademark, service mark, and/or patent on an invention, discovery, or improvement to any process, machine, manufacture, or composition General Provisions (Core Subrecipient) 2015 (July 1, 2014) 35 of matter; products; technology; scientific information; trade secrets; and computer software, in any work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright, service or trademarks or patents to which a grantee, subgrantee or a Contractor purchases ownership with contract funds. e) If the results of the contract performance are subject to copyright law, Contractor cannot publish those results without prior review and approval of DSHS. Contractor shall submit requests for review and approval to the contract manager assigned to the Program Attachment. Section 15.06 Other Intangible Property. At the conclusion of the contractual relationship between Department and Contractor, for any reason, Department shall have the sole ownership rights and interest in all non -copyrightable intangible property that was developed, produced or obtained by Contractor as a specific requirement under this Contract or under any grant that funds this Contract, such as domain names, URLs, software licenses with a value of $500 or more, etc. Contractor shall inventory all such non -copyrightable intangible property. Contractor shall cooperate with Department and perform all actions necessary to transfer ownership of such property to the Department or its designee, or otherwise affirm Department' s ownership rights and interest in such property. This provision will survive the termination or expiration of this Contract. Section 15.07 Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. The Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. Section 15.08 Legal Notice. Any notice required or permitted to be given by the provisions of this Contract will be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address specified by the Party to the other Party in writing or, if sent by certified mail, on the date of receipt. Section 15.09 Successors. This Contract will be binding upon the Parties and their successors and assignees, except as expressly provided in this Contract. Section 15.10 Headings. The articles and section headings used in this Contract are for convenience of reference only and will not be construed in any way to define, limit or describe the scope or intent of any provisions. Section 15.11 Parties. The Parties represent to each other that they are entities fully familiar with transactions of the kind reflected by the contract documents, and are capable of understanding the terminology and meaning of their terms and conditions and of obtaining independent legal advice pertaining to this Contract. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 36 Section 15.12 Survivability of Terms. Termination or expiration of this Contract or a Program Attachment for any reason will not release either Party from any liabilities or obligations in this Contract that (a) the Parties have expressly agreed will survive any such termination or expiration, or (b) remain to be performed or (c) by their nature would be intended to be applicable following any such termination or expiration. Section 15.13 Direct Operation. At the Department's discretion, the Department may temporarily assume operations of a Contractor's program or programs funded under this Contract when the continued operation of the program by Contractor puts at risk the health or safety of clients and/or participants served by Contractor. Section 15.14 Customer Service Information. If requested, Contractor shall supply such information as required by the Department to comply with the provisions of Tex. Gov. Code Chapter 2114 regarding Customer Service surveys. Section 15.15 Amendment. The Parties agree that the Department may unilaterally reduce funds pursuant to the terms of this Contract without the written agreement of Contractor. All other amendments to this Contract must be in writing and agreed to by both Parties, except as otherwise specified in the Contractor's Notification of Change to Certain Contract Provisions section or the Contractor's Request for Revision to Certain Contract Provisions section of this Article. Contractor's request for certain budget revisions or other amendments must be submitted in writing, including a justification for the request, to the contract manager assigned to the Program Attachment; and if a budget revision or amendment is requested during the last quarter of the Contract or Program Attachment term, as applicable, Contractor's written justification must include a reason for the delay in making the request. Revision or other amendment requests may be granted at the discretion of DSHS. Except as otherwise provided in this Article, Contractor shall not perform or produce, and DSHS will not pay for the performance or production of, different or additional goods, services, work or products except pursuant to an amendment of this Contract that is executed in compliance with this section; and DSHS will not waive any term, covenant, or condition of this Contract unless by amendment or otherwise in compliance with this Article. Section 15.16 Contractor's Notification of Change to Certain Contract Provisions. The following changes may be made to this Contract without a written amendment or the Department's prior approval: a) contractor's contact person and contact information; b) contact information for key personnel, as stated in Contractor's response to the Solicitation Document, if any; c) cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, of cost reimbursement contract Program Attachments of less than $100,000, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); d) minor corrections or clarifications to the Contract language that in no way alter the scope of work, objectives or performance measures; and General Provisions (Core Subrecipient) 2015 (July 1, 2014) 37 e) a change in Contractor's share of the budget concerning non-DSHS funding other than program income and match, regardless of the amount of the change, provided that in changing the budget, Contractor is not supplanting DSHS funds. Contractor within ten (10) calendar days shall notify in writing the contract manager assigned to the Program Attachment of any change enumerated in this section, but the contract will not be amended. The notification may be by letter, fax or email. Except for contracts funded by funding sources that have different percentage requirements, cumulative budget line item transfers of 25% or less among direct cost categories, other than equipment, of cost reimbursement contracts of any amount do not require written amendment or prior approval or notification. Section 15.17 Contractor's Request for Revision of Certain Contract Provisions. A Contractor' s Revision Request is an alternative method for amending certain specified provisions of this Contract that is initiated by Contractor, but must be approved by DSHS. The following amendments to this Contract may be made through a Contractor's Revision Request, rather than through the amendment process described in the Amendment section of this Article: a) cumulative budget transfers among direct cost categories, other than the equipment category, that exceed 25% of Program Attachments of $100,000 or more, provided that the total budget amount is unchanged (This subsection does not apply to contracts funded by funding sources that have different percentage requirements); b) budget transfer to other categories of funds for direct payment to trainees for training allowances; c) change in clinic hours or location; d) change in the equipment list substituting an item of equipment equivalent to an item of equipment on the approved budget; e) changes in the equipment category of a previously approved equipment budget; f) changes specified in applicable OMB Circular cost principles as requiring prior approval, regardless of dollar threshold (e.g., foreign travel expenses, overtime premiums, membership fees; and g) cumulative budget transfers into or out of the equipment category that do not exceed 10% of any Program Attachment, provided that the total budget amount is unchanged (cumulative transfers from or to the equipment category that equal or exceed 10% of any Program Attachment require an amendment to this Contract as described in the Amendment section of this Article). In order to request a revision of any of the enumerated provisions, Contractor shall request the change in writing from their assigned contract manager. A separate Contractor Revision Request is required for each Program Attachment to be revised. Circumstances of a requested contract revision may indicate the need for an amendment described in the Amendment section of this Article rather than a contract revision amendment under this section. Section 15.18 Immunity Not Waived. The Parties expressly agree that no provision of this contract is in any intended to constitute a waiver by Department or the State of Texas of any immunities from suit or from liability that Department or the State of Texas may have by operation of law. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 38 Section 15.19 Hold Harmless and Indemnification. Contractor, as an independent contractor, agrees to hold Department, the State of Texas, individual state employees and officers, and the federal government harmless and to indemnify them from any and all liability, suits, claims, losses, damages and judgments; and to pay all costs, fees, and damages to the extent that such costs, fees, and damages arise from performance or nonperformance of Contractor, its employees, subcontractors, joint venture participants or agents under this Contract. Section 15.20 Waiver. Acceptance by either Party of partial performance or failure to complain of any action, non -action or default under this Contract will not constitute a waiver of either Party's rights under this Contract. Section 15.21 Electronic and Information Resources Accessibility and Security Standards. (a) This section applies if the Contract requires the Contractor to procure or develop Electronic and Information Resources (EIR) for DSHS, or to change any of DSHS' EIR. This section also applies if the Contract requires the Contractor to perform a service or supply goods that include EIR that (i) DSHS employees are required to use or permitted access to; or (ii) Members of the public are required or permitted to access. This section does not apply to incidental uses of EIR in the performance of a contract, unless the parties agree that the EIR will become property of the state or will be used by DSHS clients after completion of the Contract. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a product/service. (b) Definitions. 1. "Accessibility Standards" means the Electronic and Information Resources Accessibility Standards in 1 TAC Chapter 213, and the Web Site Accessibility Standards/Specifications in 1 TAC Chapter 206. 2. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes, but is not limited to, telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. 3. "Electronic and Information Resources Accessibility Standards means the accessibility standards for electronic and information resources contained in Volume 1 Texas Administrative Code chapter 213. 4. "Web Site Accessibility Standards/Specifications" means standards contained in Volume 1 Texas Administrative Code Chapter 206. 5. "Products" means information resources technologies that are, or are related to, EIR. (c) Accessibility Requirements. Under Texas Government Code Chapter 2054, Subchapter M, and implementing rules of the Department of Information Resources (DIR), DSHS must procure Products that comply with the Accessibility Standards when such Products are available in the commercial marketplace or when such Products are developed in response to a procurement solicitation. Accordingly, Contractor must provide electronic and information resources and General Provisions (Core Subrecipient) 2015 (July 1, 2014) 39 associated Product documentation and technical support that comply with the Accessibility Standards. (d) Evaluation, Testing and Monitoring. 1. DSHS may review, test, evaluate and monitor Contractor's Products and associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither (1) the review, testing (including acceptance testing), evaluation or monitoring of any Product; nor (2) the absence of such review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Contractor's assertion of compliance with the Accessibility Standards. 2. Contractor agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing and monitoring. (e) Representations and Warranties. 1. Contractor represents and warrants that (i) as of the effective date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Contract, unless and to the extent the Parties otherwise expressly agree in writing; and (ii) if the Products will be in the custody of the state or a DSHS client after the Contract expiration or termination, the Products will continue to comply with such Accessibility Standards after the expiration or termination of the Contract term, unless DSHS and/or client, as applicable, uses the Products in a manner that renders it noncompliant. 2. In the event Contractor should have known, becomes aware, or is notified that the Product and associated documentation and technical support do not comply with the Accessibility Standards, Contractor represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including but not limited to remediation, replacement, and upgrading of the Product, or providing a suitable substitute. 3. Contractor acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Contractor's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. (f) Remedies. 1. Pursuant to Texas Government Code §2054.465, neither Contractor nor any other person has cause of action against DSHS for a claim of a failure to comply with Texas Government Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Contractor's representations and warranties, Contractor will be liable for direct and consequential damages and any other remedies to which DSHS may be entitled. This remedy is cumulative of any and all other remedies to which DSHS may be entitled under this Contract and other applicable law. Section 15.22 Force Majeure. Neither Party will be liable for any failure or delay in performing all or some of its obligations, as applicable, under this Contract if such failure or delay is due to any cause beyond the reasonable General Provisions (Core Subrecipient) 2015 (July 1, 2014) 40 control of such Party, including, but not limited to, extraordinarily severe weather, strikes, natural disasters, fire, civil disturbance, epidemic, war, court order, or acts of God. The existence of any such cause of delay or failure will extend the period of performance in the exercise of reasonable diligence until after the cause of the delay or failure no longer exists and, if applicable, for any reasonable period of time thereafter required to resume performance. A Party, within a period of time reasonable under the circumstances, must inform the other by any reasonable method (phone, email, etc.) and, as soon as practicable, must submit written notice with proof of receipt, of the existence of a force majeure event or otherwise waive the right as a defense to non-performance. Section 15.23 Interim Contracts. The Parties agree that the Contract and/or any of its Program Attachments will automatically continue as an "Interim Contract" beyond the expiration date of the term of the Contract or Program Attachment(s), as applicable, under the following circumstances: (1) on or shortly prior to the expiration date of the Contract or Program Attachment, there is a state of disaster declared by the Governor that affects the ability or resources of the DSHS contract or program staff managing the Contract to complete in a timely manner the extension, renewal, or other standard contract process for the Contract or Program Attachment; and (2) DSHS makes the determination in its sole discretion that an Interim Contract is appropriate under the circumstances. DSHS will notify Contractor promptly in writing if such a determination is made. The notice will specify whether DSHS is extending the Contract or Program Attachment for additional time for Contractor to perform or complete the previously contracted goods and services (with no new or additional funding) or is purchasing additional goods and services as described in the Program Attachment for the term of the Interim Contract, or both. The notice will include billing instructions and detailed information on how DSHS will fund the goods or services to be procured during the Interim Contract term. The Interim Contract will terminate thirty (30) days after the disaster declaration is terminated unless the Parties agree to a shorter period of time. Section 15.24 Cooperation and Communication. Contractor shall cooperate with Department staff and, as applicable, other DSHS contractors, and shall promptly comply with requests from DSHS for information or responses to DSHS inquiries concerning Contractor's duties or responsibilities under this Contract. ARTICLE XVI BREACH OF CONTRACT AND REMEDIES FOR NON- COMPLIANCE Section 16.01 Actions Constituting Breach of Contract. Actions or inactions that constitute breach of contract include, but are not limited to, the following: a) failure to properly provide the services and/or goods purchased under this Contract; b) failure to comply with any provision of this Contract, including failure to comply with all applicable statutes, rules or regulations; c) failure to pay refunds or penalties owed to the Department; d) failure to comply with a repayment agreement with the DSHS or agreed order issued by DSHS; e) failure by Contractor to provide a full accounting of funds expended under this Contract; General Provisions (Core Subrecipient) 2015 (July 1, 2014) 41 f) discovery of a material misrepresentation in any aspect of Contractor's application or response to the Solicitation Document; g) any misrepresentation in the assurances and certifications in Contractor's application or response to the Solicitation Document or in this Contract; or h) Contractor is on or is added to the Excluded Parties List System (EPLS). Section 16.02 General Remedies and Sanctions. The Department will monitor Contractor for both programmatic and financial compliance. The remedies and sanctions in this section are available to the Department against Contractor and any entity that subcontracts with Contractor for provision of services or goods. HHSC OIG may investigate, audit and impose or recommend imposition of remedies or sanctions to Department for any breach of this Contract and may monitor Contractor for financial compliance. The Department may impose one or more remedies or sanctions for each item of noncompliance and will determine remedies or sanctions on a case-by-case basis. Contractor is responsible for complying with all of the terms of this Contract. The listing of or use of one or more of the remedies or sanctions in this section does not relieve Contractor of any obligations under this Contract. A state or federal statute, rule or regulation, or federal guideline will prevail over the provisions of this Article unless the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to both. If Contractor breaches this Contract by failing to comply with one or more of the terms of this Contract, including but not limited to compliance with applicable statutes, rules or regulations, the Department may take one or more of the following actions: a) terminate this Contract or a Program Attachment of this Contract as it relates to a specific program type. In the case of termination, the Department will inform Contractor of the termination no less than thirty (30) calendar days before the effective date of the termination in a notice of termination, except for circumstances that require immediate termination as described in the Emergency Action section of this Article. The notice of termination will state the effective date of the termination, the reasons for the termination, and, if applicable, alert Contractor of the opportunity to request a hearing on the termination pursuant to Tex. Gov. Code Chapter 2105 regarding administration of Block Grants. Contractor shall not make any claim for payment or reimbursement for services provided from the effective date of termination; b) suspend all or part of this Contract. Suspension is an action taken by the Department in which the Contractor is notified to temporarily (1) discontinue performance of all or part of the Contract, and/or (2) discontinue incurring expenses otherwise allowable under the Contract as of the effective date of the suspension, pending DSHS's determination to terminate or amend the Contract or permit the Contractor to resume performance and/or incur allowable expenses. Contractor shall not bill DSHS for services performed during suspension, and Contractor's costs resulting from obligations incurred by Contractor during a suspension are not allowable unless expressly authorized by the notice of suspension; c) deny additional or future contracts with Contractor; d) reduce the funding amount for failure to 1) provide goods and services as described in this Contract or consistent with Contract performance expectations, 2) achieve or maintain the proposed level of service, 3) expend funds appropriately and at a rate that will make full use of the award, or 4) achieve local match, if required; General Provisions (Core Subrecipient) 2015 (July 1, 2014) 42 e) disallow costs and credit for matching funds, if any, for all or part of the activities or action not in compliance; f) temporarily withhold cash payments. Temporarily withholding cash payments means the temporary withholding of a working capital advance, if applicable, or reimbursements or payments to Contractor for proper charges or obligations incurred, pending resolution of issues of noncompliance with conditions of this Contract or indebtedness to the United States or to the State of Texas; Section 16.03 Notice of Remedies or Sanctions. Department will formally notify Contractor in writing when a remedy or sanction is imposed (with the exception of accelerated monitoring, which may be unannounced), stating the nature of the remedies and sanction(s), the reasons for imposing them, the corrective actions, if any, that must be taken before the actions will be removed and the time allowed for completing the corrective actions, and the method, if any, of requesting reconsideration of the remedies and sanctions imposed. Other than in the case of repayment or recoupment, Contractor is required to file, within fifteen (15) calendar days of receipt of notice, a written response to Department acknowledging receipt of such notice. If requested by the Department, the written response must state how Contractor shall correct the noncompliance (corrective action plan) or demonstrate in writing that the findings on which the remedies or sanction(s) are based are either invalid or do not warrant the remedies or sanction(s). If Department determines that a remedy or sanction is warranted, unless the remedy or sanction is subject to review under a federal or state statute, regulation, rule, or guideline, Department's decision is final. Department will provide written notice to Contractor of Department's decision. If required by the Departnuent, Contractor shall submit a corrective action plan for DSHS approval and take corrective action as stated in the approved corrective action plan. If DSHS determines that repayment is warranted, DSHS will issue a demand letter to Contractor for repayment. If full repayment is not received within the time limit stated in the demand letter, and if recoupment is available, DSHS will recoup the amount due to DSHS from funds otherwise due to Contractor under this Contract. Section 16.04 Emergency Action. In an emergency, Department may immediately terminate or suspend all or part of this Contract, temporarily or permanently withhold cash payments, deny future contract awards, or delay contract execution by delivering written notice to Contractor, by any verifiable method, stating the reason for the emergency action. An "emergency" is defined as the following: a) Contractor is noncompliant and the noncompliance has a direct adverse effect on the public or client health, welfare or safety. The direct adverse effect may be programmatic or financial and may include failing to provide services, providing inadequate services, providing unnecessary services, or using resources so that the public or clients do not receive the benefits contemplated by the scope of work or performance measures; or b) Contractor is expending funds inappropriately. Whether Contractor's conduct or noncompliance is an emergency will be determined by Department on a case-by-case basis and will be based upon the nature of the noncompliance or conduct. ARTICLE XVII CLAIMS AGAINST THE DEPARTMENT General Provisions (Core Subrecipient) 2015 (July 1, 2014) 43 Section 17.01 Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Tex. Gov. Code Chapter 2260 and implemented in Department Rules §§ 4.11- 4.24 will be used by DSHS and Contractor to attempt to resolve any breach of contract claim against DSHS. Section 17.02 Notice. Contractor's claims for breach of this Contract that the Parties cannot resolve in the ordinary course of business must be submitted to the negotiation process provided in Tex. Gov Code Chapter 2260, subchapter B. To initiate the process, Contractor shall submit written notice, as required by subchapter B, to DSHS's Office of General Counsel. The notice must specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice must also be given to all other representatives of DSHS and Contractor. Subchapter B is a condition precedent to the filing of a contested case proceeding under Tex. Gov. Code Chapter 2260, subchapter C. Section 17.03 Sole Remedy. The contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is Contractor' s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by DSHS if the Parties are unable to resolve their disputes under this Article. Section 17.04 Condition Precedent to Suit. Compliance with the contested case process provided in Tex. Gov. Code Chapter 2260, subchapter C, is a condition precedent to seeking consent to sue from the Legislature under Tex. Civ. Prac. & Rem. Code Chapter 107. Neither the execution of this Contract by DSHS nor any other conduct of any representative of DSHS relating to this Contract will be considered a waiver of sovereign immunity to suit. Section 17.05 Performance Not Suspended. Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by Contractor, in whole or in part. ARTICLE XVIII TERMINATION AND TEMPORARY SUSPENSION Section 18.01 Expiration of Contract or Program Attachment(s). Except as provided in the Survivability of Terms section of the General Terms Article, Contractor' s service obligations stated in each Program Attachment will end upon the expiration date of that Program Attachment unless extended or renewed by written amendment. Prior to completion of the term of all Program Attachments, all or a part of this Contract may be terminated with or without cause under this Article. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 44 Section 18.02 Effect of Termination. Termination is the permanent withdrawal of Contractor's authority to obligate previously awarded funds before that authority would otherwise expire or the voluntary relinquishment by Contractor of the authority to obligate previously awarded funds. Contractor's costs resulting from obligations incurred by Contractor after termination of an award are not allowable unless expressly authorized by the notice of termination. Upon termination of this Contract or Program Attachment, as applicable, Contractor shall cooperate with DSHS to the fullest extent possible to ensure the orderly and safe transfer of responsibilities under this Contract or Program Attachment, as applicable, to DSHS or another entity designated by DSHS. Upon termination of all or part of this Contract, Department and Contractor will be discharged from any further obligation created under the applicable terms of this Contract or the Program Attachment, as applicable, except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination and for Contractor' s duty to cooperate with DSHS, and except as provided in the Survivability of Terms section of the General Terms Article. Termination does not, however, constitute a waiver of any remedies for breach of this Contract. In addition, Contractor' s obligations to retain records and maintain confidentiality of information will survive this Contract. Section 18.03 Acts Not Constituting Termination. Termination does not include the Department's (1) withdrawal of funds awarded on the basis of Contractor's underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance at the expiration of the term of a Program Attachment; (3) refusal to extend a Program Attachment or award additional funds to make a competing or noncompeting continuation, renewal, extension, or supplemental award; (4) non -renewal of a contract or Program Attachment at Department' s sole discretion; or (5) voiding of a contract upon determination that the award was obtained fraudulently, or was otherwise illegal or invalid from inception. Section 18.04 Termination or Temporary Suspension Without Cause. a) Either Party may terminate this Contract or a Program Attachment, as applicable, with at least thirty (30) calendar days prior written notice to the other Party, except that if Contractor seeks to terminate a Contract or Program Attachment that involves residential client services, Contractor shall give the Department at least ninety (90) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. b) The Parties may terminate this Contract or a Program Attachment by mutual agreement. c) DSHS may temporarily suspend or terminate this Contract or a Program Attachment if funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendments to the Appropriations Act, health and human services consolidations, or any disruption of current appropriated funding for this Contract or Program Attachment. Contractor will be notified in writing of any termination or temporary suspension or of any cessation of temporary suspension. Upon notification of temporary suspension, Contractor shall discontinue performance under the Contract as of the effective date of the suspension, for the duration of the suspension. d) Department may terminate this Contract or a Program Attachment immediately when, in the sole determination of Department, termination is in the best interest of the State of Texas. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 45 Section 18.05 Termination For Cause. Either Party may terminate for material breach of this Contract with at least thirty (30) calendar days written notice to the other Party. Department may terminate this Contract, in whole or in part, for breach of contract or for any other conduct that jeopardizes the Contract objectives, by giving at least thirty (30) calendar days written notice to Contractor. Such conduct may include one or more of the following: a) Contractor has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; b) Contractor fails to communicate with Department or fails to allow its employees or those of its subcontractor to communicate with Department as necessary for the performance or oversight of this Contract; c) Contractor breaches a standard of confidentiality with respect to the services provided under this Contract; d) Department determines that Contractor is without sufficient personnel or resources to perform under this Contract or that Contractor is otherwise unable or unwilling to fulfill any of its requirements under this Contract or exercise adequate control over expenditures or assets; e) Department determines that Contractor, its agent or another representative offered or gave a gratuity (e.g., entertainment or gift) to an official or employee of DSHS or HHSC for the purpose of obtaining a contract or favorable treatment; f) Department determines that this Contract includes financial participation by a person who received compensation from DSHS to participate in developing, drafting or preparing the specifications, requirements or statement(s) of work or Solicitation Document on which this Contract is based in violation of Tex. Gov. Code § 2155.004; or Department determines that Contractor was ineligible to receive this Contract under Tex. Gov. Code §§ 2155.006 or 2261.053 related to certain disaster response contracts; g) Contractor appears to be financially unstable. Indicators of financial instability may include one or more of the following: 1) Contractor fails to make payments for debts; 2) Contractor makes an assignment for the benefit of its creditors; 3) Contractor admits in writing its inability to pay its debts generally as they become due; 4) if judgment for the payment of money in excess of $50,000 (that is not covered by insurance) is rendered by any court or governmental body against Contractor, and Contractor does not (a) discharge the judgment, or (b) provide for its discharge in accordance with its terms, or (c) procure a stay of execution within thirty (30) calendar days from the date of entry of the judgment, or (d) if the execution is stayed, within the thirty (30)-day period or a longer period during which execution of the judgment has been stayed, appeal from the judgment and cause the execution to be stayed during such appeal while providing such reserves for the judgment as may be required under Generally Accepted Accounting Principles; 5) a writ or warrant of attachment or any similar process is issued by any court against all or any material portion of the property of Contractor, and such writ or warrant of attachment or any similar process is not released or bonded within thirty (30) calendar days after its issuance; 6) Contractor is adjudicated bankrupt or insolvent; 7) Contractor files a case under the Federal Bankruptcy Code or seeks relief under any provision of any bankruptcy, reorganization, arrangement, insolvency, readjustment of General Provisions (Core Subrecipient) 2015 (July 1, 2014) 46 debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, or consents to the filing of any case or petition against it under any such law; 8) any property or portion of the property of Contractor is sequestered by court order and the order remains in effect for more than thirty (30) calendar days after Contractor obtains knowledge of the sequestration; 9) a petition is filed against Contractor under any state reorganization, arrangement, insolvency, readjustment of debt, dissolution, receivership or liquidation law of any jurisdiction then in effect, and the petition is not dismissed within thirty (30) calendar days; or 10) Contractor consents to the appointment of a receiver, trustee, or liquidator of Contractor or of all or any part of its property; h) Contractor's management system does not meet the UGMS management standards; or i) Any required license, certification, permit, registration or approval required to conduct Contractor's business or to perform services under this Contract is not obtained or is revoked, is surrendered, expires, is not renewed, is inactivated or is suspended. Section 18.06 Notice of Termination. Either Party may deliver written notice of intent to terminate by any verifiable method. If either Party gives notice of its intent to terminate all or a part of this Contract, Department and Contractor shall attempt to resolve any issues related to the anticipated termination in good faith during the notice period. ARTICLE XIX VOID, SUSPENDED, AND TERMINATED CONTRACTS Section 19.01 Void Contracts. Department may void this Contract upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from its inception. Section 19.02 Effect of Void, Suspended, or Involuntarily Terminated Contract. A Contractor who has been a party to a contract with DSHS that has been found to be void, or is suspended, or is terminated for cause is not eligible for Any renewal or increase of funding for an existing contract, or new contracts or renewals until, in the case of suspension or termination, the Department has determined that Contractor has satisfactorily resolved the issues underlying the suspension or termination. Additionally, if this Contract is found to be void, any amount paid to the Contractor is subject to recoupment by DSHS. Section 19.03 Appeals Rights. Pursuant to Tex. Gov. Code § 2105.302, after receiving notice from the Department of termination of a contract with DSHS funded by block grant funds, Contractor may request an administrative hearing under Tex. Gov. Code Chapter 2001. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 47 ARTICLE XX CLOSEOUT Section 20.01 Cessation of Services At Closeout. Upon expiration of this Contract or Program Attachment, as applicable, (and any renewals of this Contract or Program Attachment) on its own terms, Contractor shall cease services under this Contract or Program Attachment; and shall cooperate with DSHS to the fullest extent possible upon expiration or prior to expiration, as necessary, to ensure the orderly and safe transfer of responsibilities under this Contract to DSHS or another entity designated by DSHS. Upon receiving notice of Contract or Program Attachment termination or non -renewal, Contractor shall immediately begin to effect an orderly and safe transition of recipients of services to alternative service providers, as needed. Contractor also shall completely cease providing services under this Contract or Program Attachment by the date specified in the termination or non -renewal notice. Contractor shall not bill DSHS for services performed after termination or expiration of this Contract or Program Attachment, or incur any additional expenses once this Contract or Program Attachment is terminated or has expired. Upon termination, expiration (with no renewal) or non -renewal of this Contract or a Program Attachment, Contractor shall immediately initiate Closeout activities described in this Article. Section 20.02 Administrative Offset. The Department has the right to administratively offset amounts owed by Contractor against billings. Section 20.03 Deadline for Closeout. Contractor shall submit all financial, performance, and other Closeout reports required under this Contract within forty-five (45) calendar days after the Contract or Program Attachment end date. Unless otherwise provided under the Final Billing Submission section of the Payment Methods and Restrictions Article, the Department is not liable for any claims that are not received within forty-five (45) calendar days after the Contract or Program Attachment end date. Section 20.04 Payment of Refunds. Any funds paid to Contractor in excess of the amount to which Contractor is finally determined to be entitled under the terms of this Contract constitute a debt to the Department and will result in a refund due, which Contractor shall pay within the time period established by the Department. Section 20.05 Disallowances and Adjustments. The Closeout of this Contract or Program Attachment does not affect the Department's right to disallow costs and recover funds on the basis of a later audit or other review or Contractor's obligation to return any funds due as a result of later refunds, corrections, or other transactions. General Provisions (Core Subrecipient) 2015 (July 1, 2014) 48 DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2015-047255 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $50,000.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 10/01/2014 and ends on 09/30/2015. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2015-047255-001 Health Promotions & Chronic Disease Prevention - Texas Healthy Communities c. General Provisions (Sub -recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits 92648-1 Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469-9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92648-1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT By: By: Signature of Authorized Official Signature Date Date Janna Zumbrun, M.S.S.W. Assistant Commissioner for Disease Control Printed Name and Title and Prevention Services Address 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 City, State, Zip 512.776.7111 Janna.Zumbrun@dshs.state.tx.us 92648-1 Telephone Number E-mail Address for Official Correspondence AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 9, 2014 Second Reading Ordinance for the City Council Meeting of December 16, 2014 DATE: 10/28/14 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An netteR@cctexas.com 361-826-7203 Texas Medicaid Managed Care Initiative 1115 Waiver - Obesity Project Approval of grant award and appropriation of funds CAPTION: Ordinance authorizing the advance of up to $885,000 from the No. 1020 General Fund to the Texas Health and Human Services Commission (TX HHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for City's local match; Additionally, authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $885,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2014 through September 30, 2015; and to ratify acceptance of the award fund to begin as of October 1, 2014. PURPOSE: The CMS/TX HHSC Delivery System Reform Incentive Payments (DSRIP) will allow the CCNCPHD to implement- MEND (M -Mind, E- Exercise, N -Nutrition, D -Do It!). MEND is a community based obesity prevention program that will address the obesity epidemic among children in our region by applying an internationally recognized, evidence -based method for supporting and coaching underserved and minority families to achieve better nutrition and physical activity habits. BACKGROUND AND FINDINGS: CMS approved the State's request for a new Medicaid demonstration waiver entitled "Texas Healthcare Transformation and Quality Improvement Program" in accordance with section 1115 of the Social Security Act. Texas Medicaid Managed Care Initiative also referred to as the "1115 Waiver". This waiver authorizes Texas to establish a DSRIP program. Initiatives under the DSRIP program are designed to provide incentive payments to hospitals, public health departments, behavioral health centers, as well as other eligible providers, to invest in delivery system reforms that increase access to health care, improve the quality of care, and enhance the health of patients and families they serve. The CCNCPHD, in collaboration with key community partners, will continue the MEND program in an effort to aggressively prevent and reduce childhood obesity within our region. ALTERNATIVES: To not continue the community childhood obesity program in this area. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Council approval required for acceptance and appropriation of "1115 Waiver" DSRIP funds. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Finance -Federal Grants and office of management and budget FINANCIAL IMPACT: X Operating o Revenue o Capital o Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,512,429 $2,512,429 Encumbered / Expended Amount This item $885,000 $885,000 BALANCE $1,627,429 $1,627,429 Fund(s):1020 Comments: A matching Intergovernmental Transfer (IGT) is required at approximately a 40%160% ratio to in order to receive DSRIP funds. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter Ordinance authorizing the advance of up to $885,000 from the No. 1020 General Fund to the Texas Health and Human Services Commission (TX HHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for the City's local match; Additionally, authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $885,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2014 through September 30, 2015; and to ratify acceptance of the award fund to begin as of October 1, 2014. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That an advance is authorized to be made up to $885,000 from the No. 1020 General Fund to the TX HHSC and in turn the CMS for the City's local match for City projects under the CCNCPHD's 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for the City's local match; and Section 2. Additionally, the City Manager, or his designee, is authorized to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of at least $885,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2014 through September 30, 2015; and to ratify acceptance of the award fund to begin as of October 1, 2014. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 9, 2014 Agenda Item: Ordinance authorizing the advance of up to $885,000 from the No.1020 General Fund to the Texas Health and Human Services Commission (TX HHSC) and in turn the Centers for Medicare and Medicaid Services (CMS) for the City's local match for City projects under the Corpus Christi - Nueces County Public Health District's (CCNCPHD) 1115 Transformation Waiver; funds to be repaid from the CMS within 2 months of the advance for the City's local match; Additionally, authorizing the City Manager, or his designee, to execute all documents necessary to accept and appropriate the award fund upon receipt in the amount of approximately $885,000 from CMS and the TXHHSC to implement a program to reduce and prevent obesity in children and adolescents for the period of October 1, 2014 through September 30, 2015; and to ratify acceptance of the award fund to begin as of October 1, 2014. Amount Required: (Amount to be Certified) $ 885,000 Fund Name Accounting Unit Account No. Activity No. Amount General Fund 1020-12665-106 5xxxxx 885,000 Total ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 9, 2014 Second Reading Ordinance for the City Council Meeting of January 13, 2014 DATE: TO: October 20, 2014 Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo@cctexas.com 361-826-3460 Texas State Museum of Asian Cultures Lease CAPTION: Ordinance authorizing the City Manager or designee to execute a fifteen -year lease agreement with the Texas State Museum of Asian Cultures for use of the ILA (International Longshoreman's Association) Building; and providing for publication. PURPOSE: Lease the building located at 1809 N. Chaparral to the Texas State Museum of Asian Cultures (TSMAC) for the purpose of advancing the knowledge, appreciation and enjoyment of Asian cultures including but not limited to programs, exhibits, performances, promotions, classes, training, and education in Asian Cultures. BACKGROUND AND FINDINGS: The Texas State Museum of Asian Cultures (TSMAC) has leased the property since 1994, rehabilitating the existing improvements and constructing new improvements. The twenty year lease expired April 2014. The first amendment to the lease, executed in October 1994, provided the TSMAC a $125,000 construction grant from the City. A second amendment to the lease, executed in January of 1996, extended the date of the terms in the first amendment. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all lease agreements. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 0 Fund(s): Comments: RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Ordinance Authorizing the City Manager or designee to execute a fifteen -year lease agreement with the Texas State Museum of Asian Cultures for use of the ILA (International Longshoreman's Association) Building; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a fifteen -year lease Agreement with the Texas State Museum of Asian Cultures for use of the ILA (International Longshoreman's Association) Building, located at Corpus Christi, Texas, Beach Addition, Block 69, fractional lots 7, 8, and 9 and full lots 10, 11, and 12, all as more fully set forth in the Lease Agreement. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS STATE MUSEUM OF ASIAN CULTURES LEASE AGREEMENT WHEREAS, the City of Corpus Christi, Texas, ("City") is the owner of real property known as the ILA Building, located at Corpus Christi, Texas, Beach Addition, Block 89, fractional lots 7, 8, and 9, and full lots 10, 11, and 12, together with all improvements thereon ("Property") as shown in Site Map "Exhibit A"; and WHEREAS, the Texas State Museum of Asian Cultures, a Texas non-profit corporation ("Lessee") desires to lease the Property, rehabilitate the existing improvements, and/or construct new improvements. In consideration of the foregoing and the mutual promises herein contained, City and Lessee agree as follows: 1. Use. City does hereby lease, let, and demise to Lessee the Property as shown in "Exhibit A" Site Map, together with all improvements located thereon. Lessee shall operate the Improvements and the Property exclusively for the following purposes, and uses incidental thereto: advancement of knowledge, appreciation and enjoyment of Asian cultures including but not limited to programs, exhibits, performances, promotions, classes, training, and education in Asian cultures. Such activities shall be conducted on a regular, continuous basis, and facilities constructed on the Property shall be operated during regular, reasonable business hours with the understanding that the City wishes to have as much activity in the area as possible throughout the week including weekends. Lessee agrees to operate the Property in a manner consistent with the use plan presented to City. Any other uses of the Property by Lessee shall be prohibited without prior written approval of the City Manager or his designee ("City Manager"). Lessee shall have the right to establish and maintain its administrative offices within the structure and to provide meeting rooms for the activities of Lessee or any of its support groups, as specified in the use plan. 2. Construction or Rehabilitation. Lessee shall have the right, but shall not be obligated, to rehabilitate existing or to construct additional improvements on the Property, subject to approval by the City Council. Plans and specifications for the rehabilitation and/or new construction of improvements, site improvements, parking, irrigation system and landscaping and any changes thereto must be 1 approved by the City Manager prior to the start of construction thereof, and shall be consistent aesthetically and in quality of construction with other properties in the Bayfront Arts and Sciences Park and be in conformance with all City codes. Lessee shall consult with and obtain approval of all irrigation system and landscaping improvements from the Director of Parks and Recreation. Local vendors and contractors shall be utilized for all new construction to the greatest extent possible. Lessee shall have sole and full responsibility for preparing the plans, advertising for bids, supervising construction and accepting the improvements when completed. The cost of construction, rehabilitation, landscaping, irrigation and other site improvements shall be borne entirely by Lessee. It is understood that City does not assume and will not in any way be responsible for any of the financial obligations incurred or created by Lessee in connection with the construction of the improvements. Lessee agrees to save and hold City harmless from any and all charges, claims or liability of any nature whatsoever as provided below. 3. Terms and Hours of Operations. The term of this Lease Agreement shall begin sixty (60) days after execution of this Lease Agreement and continue for fifteen (15) years, subject to the provisions concerning termination as stated herein. Lessee shall be open to the public during regular office hours of Lessee for a minimum period of at least four (4) hours per day for five (5) days out of each week. Lessee shall post a sign outside the structure detailing the hours the same is open for public inspection. Lessee's activities will have priority on use of the ILA Building; however, Lessee shall permit use of the Property by City and civic and community groups on a reasonable time basis, if such use will not interfere with previously scheduled activities of Lessee. Lessee shall have the right to charge rental fees for the use of the Property and in addition thereto, to charge actual out- of-pocket costs incurred by Lessee through the use by others. Lessee may refuse the use of the Property to any person, firm or corporation, for any event which is deemed to be unsuitable by virtue of the limitations of the design and outfitting of the Property or by virtue of failure to meet the moral standards of the community, but Lessee shall promptly report any such refusals made on this basis to City. 4. Rent. Lessee will provide advancement of knowledge, appreciation, and enjoyment of Asian cultures by providing programs, exhibits, performances, and education in Asian cultures on an on-going basis; will rehabilitate the ILA building and/or construct new improvements on the Property; will provide interior and exterior maintenance to the ILA Building and any new improvements; and will provide grounds maintenance for the Property in lieu of making monthly rental payments. 5. Furnishing Building. It is understood that Lessee will be responsible for furnishing and equipping the ILA Building and that City has no obligation to furnish any equipment or furnishings for Lessee. All personal property furnished by or on behalf of Lessee will remain the property of Lessee unless specifically donated to City. 6. Maintenance. Lessee will maintain the lawn and vegetation of the Property at its own expense, including any garden or extensive landscaping. Lessee will maintain, at its sole expense, the Facilities and any Improvements on the Property, including without limitation all fixtures connected therewith, all personal property thereon, exterior walks and driveways, and all other areas which City has not agreed to maintain under this Lease Agreement. Maintenance shall be of such quality as to maintain the Property in a first-class condition, consistent and in harmony with the standard of maintenance of improvements on properties leased by City to other tenants in the Bayfront Arts and Science Park. Lessee shall not undertake exterior construction, remodeling, redecorating, or signage beyond normal maintenance without prior written consent of the City Manager. No major interior construction shall be undertaken without prior written consent of the City Manager. Lessee shall obtain, at its own expense, all building permits. 7. INDEMNITY. LESSEE SHALL FULLY INDEMNIFY, SAVE AND HOLD HARMLESS CITY, ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ONACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, PREMISES DEFECTS, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE INANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH, THE PERFORMANCE BY LESSEE OF ITS OBLIGATIONS 3 UNDER THIS LEASE AGREEMENT OR LESSEE'S USE, OPERATION OR OCCUPANCY OF THE PROPERTY. LESSEE SHALL AT ITS OWN EXPENSE INVESTIGATE ALL SUCH CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OFANYKIND ARISING FROM ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS 8. Compliance with Laws. Lessee agrees that in the operation of the Property it will promptly comply with and fulfill all ordinances, regulations and codes of Federal, State, County, City and other governmental agencies applicable to the Property, including without limitation compliance with American with Disabilities Act requirements, and all ordinances or regulations imposed by City for the correction, prevention and abatement of nuisances or code violations in or connected with the Property during the term of this Lease Agreement, at Lessee's sole expense and cost. 9. Signage. Lessee shall not place, paint or otherwise affix any signs at, or on or about the Property, or any part thereof, without prior written consent of City Manager. City Manager shall have the right at any time to require Lessee to remove, paint or repair the signs allowed. Should Lessee not remove, paint or repair the said signs within thirty (30) days of demand therefor in writing, City may fulfill its demands and charge the expense of same to Lessee. Payment for such work shall be made within thirty (30) days of receipt of said bill. This paragraph does not apply to temporary signs, in conformity with city codes, on the Property for two weeks or less. 10. Right to Enter and Inspect. The City reserves the right to enter the Property at any reasonable time during business hours during the existence of this Lease Agreement, after reasonable notice to Lessee, for the purpose of inspecting the same in order to determine whether the terms of this Lease Agreement are being- observed and carried out, including but not limited to, both exterior and interior maintenance. 11. insurance. (A) Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the Exhibit "B", which is incorporated in this Lease by reference. 4 (B) The Certificate of insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. Lessee agrees to notify Lessor of any substantive change to its insurance coverage. (C) Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. The Risk Manager shall retain the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if reasonably necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. (D) In the event of any necessary increase, Lessee shall receive ninety (90) days written notice prior to the effective date of the requirement to obtain increased coverage. In the event alcoholic beverages are to be served or consumed on any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served or consumed. (E) Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 19(a), as contained herein. (F) The City carries the property and flood insurance on the building. Lessee is responsible for insuring its own contents. 12. Subletting or Assignment. Lessee shall not assign this Lease Agreement nor sublet the Property or any part thereof without the prior written consent of the City. The consent of the City shall not be unreasonably withheld. This restriction does not include renting all or part of the Property for a period of less than one (1) week. 13. Defaults. Upon thirty days prior written notice to Lessee, City may, at its option, in addition to any other remedy or right hereunder or by law, terminate this Lease Agreement upon occurrence of any of the following conditions ("Defaults"), provided that Lessee has not cured the Default prior to termination; 5 (1) Failure to operate the Property for the purposes set forth in Paragraph 1 except during periods necessary for repairs or renovation approved by the City Manager in writing or except as otherwise contemplated by this Lease Agreement. (2) Failure to abate any nuisance specified in writing by the City Manager within a reasonable time specified in writing by the City Manager. (3) Lessee's assignment of this Lease Agreement or attempted assignment or subletting, without prior written consent of City. (4) Failure to have in effect policies of contractor's insurance, liability insurance, and/or workers' compensation insurance as required by City Manager. (5) Failure to pay any taxes prior to the due date. (6) Abandonment of the Property. (7) Failure of Lessee to correct any other breach in the performance or observance of any other covenant or condition of this Lease Agreement. (8) Failure to pay payroll taxes, medicare taxes, FICA taxes, unemployment taxes, and all other related taxes in accordance with Circular E Employer's Tax Guide, Publication E, as it may be amended. Upon termination of this Lease Agreement as hereinabove provided, or pursuant to statute, or by summary proceedings or otherwise, City may enter forthwith and resume possession either by summary proceedings, or by action at law or in equity or by force or otherwise, as City may determine, without being liable in trespass or for any damages. The foregoing rights and remedies given to City are, and shall be deemed to be, cumulative of any other rights of City under law, and the exercise of one shall not be deemed to be an election, and the failure of City at any time to exercise any right or remedy shall not be deemed to operate as a waiver of its right to exercise such right or remedy at any other or future time. No assent, express or implied, by City to any breach of any of Lessee's covenants, agreements, conditions, or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition, or term hereof. 14. Termination. Lessee or the City shall have the right to terminate this Lease Agreement by giving the other party ninety (90) days prior written notice of the date of termination, in which case all obligations on the part of Lessee shall also terminate as of the date of termination, so long as the Property is returned in same or better condition as upon the 6 effective date of the Lease, normal wear and tear excepted. if the Property is not in such condition, Lessee shall repair the Property to such condition within sixty (60) days after termination of this Lease. 15. Property of City. Upon expiration of this Lease Agreement, or upon termination thereof for any reason, all buildings, improvements, and fixtures placed on the Property by Lessee shall become property of City. 16. Landlord/Tenant. It is specifically agreed and understood that the parties intend and do hereby create a landlord/tenant relationship, and this Lease Agreement shall be construed conclusively in favor of that relationship. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that no provision contained herein, nor any of the acts of the parties hereto, shall be deemed to create any relationship between the parties herein other than that of Landlord and Tenant. 17. Amendments. No changes or modifications to this Lease Agreement shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease Agreement supersedes all previous agreements between the parties. 18. General Provisions. A. Invalidity. if any clause or provision of this Lease Agreement is illegal, invalid or unenforceable under present or future law effective during the term of this Lease Agreement, then and in that event, the remainder of this Lease Agreement shall not be affected thereby, and in lieu of each such clause or provision, shall be added automatically as part of this Lease, a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. B. Publication. Lessee agrees to pay the costs of newspaper publication of this Lease Agreement and related ordinance as required by the City Charter. C. Terms. This Lease Agreement is made and accepted subject to all ad valorem taxes that may be levied and assessed on the Property and/or its improvements, furnishing and contents during the term of this Lease Agreement, the payment of which is hereby assumed by Lessee. 7 D. Utilities. Lessee shall obtain, at its own expense all-uiility-'geraiiss; garbage:' collection, janitorial services, security services, and similar services during the Lease period. E. No Waiver. No assent, express or implied, by City -to any breach of any of Lessee's covenants, agreements, conditions or terms hereof shall be deemed or taken to be a waiver of any succeeding breach of any covenant, agreement, condition or term hereof. F. Lessee's Acknowledgment. By Lessee's execution hereof, Lessee acknowledges that Lessee has read this Lease Agreement and understands that this Lease Agreement is not binding on the City until properly authorized by the City Council and executed by the City Manager of the City of Corpus Christi, Texas. G. Nondiscrimination. Lessee will not on the grounds of handicap, sex, race, color, or national origin, discriminate or permit discrimination against any person or groups of persons in any manner. City hereby reserves the right to take such action as the United States Government may direct to enforce this covenant. H. No Debts. Lessee will incur no debts or obligations on the credit of the City of Corpus Christi. I. Notices. All notices required or allowed under the Lease shall be: 1. hand -delivered; 2. mailed by certified mail; 3. faxes; or 4. sent by overnight mail. If hand -delivered or faxed, the notice shall be deemed received on the day delivered or faxed. If the notice is sent overnight mail, the notice shall be deemed received on the next business day after it was sent. If the notice is mailed by certified mail, the notice shall be deemed received on the third business day after it was mailed. Notice shall be sent as follows: If to City: If to Lessee: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Texas State Museum of Asian Cultures 1809 N. Chaparral Corpus Christi, Texas 78401 J. Concession Rights. Lessee shall have the right to provide concession activities, including food and beverages. City shall have the right to approve all prices charged, which 8 approval is delegated to the City Manager. Lessee must notify City of proposed price changes sixty (60) days prior to the proposed change. The price change shall be immediately effective upon approval of the City Manager. Lessee shall prominently display a list of prices to be charged at each location where concession items are sold, and such prices shall not exceed prices charged for similar services under similar conditions elsewhere in the city. Lessee shall offer concession services to other users of the Property on the same basis and at the same prices as for Lessee. K. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. Remainder ofpage intentionally left blank; signature page to follow. 9 EXECUTED IN DUPLICATE, each of which shall be considered an original, on the day of , 2014. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ronald L. Olson City Manager LESSEE: TEXAS STATE MUSEUM OF ASIAN CULTURES THE STATE OF TEXAS COUNTY OF NUECES By: -fie LLL i ft Name: li !i,, Title: t¢' 860 -,-- Date: / 0 S-1.... § ACKNOWLEDGEMENT This instrument was acknowled fore m n the day of day of d . 2014 by ...e., ., �,/ (name), K� _ (title) of the Texas State Museum of Asian Cultures Texas non-profit corpora ton, on belhalf of said corporation. ANNA M. SALC100 Notary Public STATE OF TEXAS My Comm. Exp. 094102016 Notary Public, State of Texas Printed Name- Af /1% Expiration Date: Q -/GI APPROVED AS TO LEGAL FORM this 1 day of V C±0 b , 2014. By: Buck Brice Assistant City Attorney for City Attorney 10 Exhibit A — Lease Boundaries Texas State Museum of Asian Cultures EXHIBIT 13 INSURANCE REQUIREMENTS I. LESSEE"S LIABILITY INSURANCE A. Lessee shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Lessee shall furnish to the Risk Manager or designee and Director of Parks and Recreation Department, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate Commercial General Liability including: 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors $1,000,000 Per Occurrence PROPERTY INSURANCE Lessee shall purchase All — Peril Property Coverage to provide coverage for Personal Property. WORKERS' COMPENSATION EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation , And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 C. In the event of accidents of any kind related to this project, Lessee shall furnish the Risk Manager with copies of all reports of such accidents within ten (1 0) days of the accident. II. ADDITIONAL REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance 1I company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement certificates of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or compatible policy language, as respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy • Polices "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (1 0) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage. Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 12 F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to discontinue sales/work hereunder, until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2014 Parks and Recreation Dept. Museum of Asian Cultures, Lease Agreement — ins. reqs. 9/2/2014 ds Risk Management 13 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 9, 2014 Second Reading Ordinance for the City Council Meeting of December 16, 2014 DATE: TO: November 10, 2014 Ronald L. Olson, City Manager FROM: Michael Morris, Director M ichael Mo@cctexas.com 361-826-3460 FY15 Reimbursement Grant appropriation for Title XX Meals on Wheels CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services, Title XX Meals on Wheels Program. PURPOSE: To accept and appropriate the State reimbursement grant funds for the Title XX Meals on Wheels Program. BACKGROUND AND FINDINGS: The Title XX grant is made available through the Texas Department of Aging and Disability Services (DADS) for the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is effective October 1, 2014 through September 30, 2015. This is a reimbursement grant. Meal service is initiated by referrals from DADS caseworkers. The Texas Department of Aging and Disability Services (DADS) will reimburse the City of Corpus Christi at a rate of $4.95 up to an estimated 48,291 units of service for the continuation of the Title XX Meals on Wheels Program. A monthly billing is submitted to the state based on the number of meals served. The Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well-balanced noon meal to homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center/Central Kitchen located on the Del Mar College West Campus. We served 38,513 Title XX Meals on Wheels service units during fiscal year October 2013 through September 2014. ALTERNATIVES: Do not approve OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: City Council must approve all letters of agreement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Finance, Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $229,140 $229,140 BALANCE $229,140 $229,140 Fund(s): Parks and Recreation Grant Fund 1067 Comments: RECOMMENDATION: Staff recommends that the Council approve the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract and budget Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services, Title XX Meals on Wheels Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $229,140 reimbursement grant awarded by the Texas Department of Aging and Disability Services, Title XX Meals on Wheels Program and appropriating it in the No. 1067 Parks and Recreation Grants Fund for the FY 2015 Senior Community Services, Title XX Meals on Wheels Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Texas Department of Aging and Disability Services Contract/Vendor Number 167400 SECTION I — CONTRACTOR DATA Information Worksheet Purchase of Service Contract Farm 2029 October 2002 Region Number 11 County Number 178 Legal Name City of Corpus Christi Contract Effective Date Commonly Used Name (if different) Senior Community Services Contract Termination Date Open -Ended Address (Street, City, State, Zip) P. 0. Box 9277, Corpus Christi, Texas 78496 Area Code and Telephone Number (361) – 880-3150 Person Authorized to Sign Contract Michael Morris Title Director, Parks & Recreation Ownership ® Public ❑ Non-profit 0 Profit Charter Number Employer ID Number 17460005471 Contract Person Elsa Munoz Title Superintendent Area Code and Telephone Number (361) -- 880-3150 SECTION II — SUMMARY OF PAYMENT (Enter estimated information in this section.) Effective Payment Dates Budget Name Budget Number Unit Rate Estimated Number Eligible Units Estimated Local Funds Estimated DADS Funds Estimaled Budget Amount 10101!2014-09/3012015 Title XX 01 4.95 46 291 $0 00 229,140 229 140 Per month ® Per day • Per week ® Per day ❑ Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 125,560 6. Number of Units of Service to Eligible CI ents 46,291 7. Geographical Area Served Nueces County (City of Corpus Christi) 8 Goals (check all that apply) IV ❑ v 0 1 0 11 • 1I1 ® 9. Basis of Payment 0 Reimbursement r t ❑ Cost Reimbursement ❑ Schedule �/ Fixed Unit Rate . 10. Estimated Amount of Co -Pay (day care and family planning only): NIA Estimated Contract Total Percent of Contract $0.00 229,140 229,140 0 100% SECTION ill — SERVICE Program Activity Name Long Term Care -Community Care for the Aged and Disabled Code 7 Service Activity Name Home Delivered Meals Code 25 SECTION IV — CLIENT DATA 1. Client Categories to be Served (check all that apply) ® Current TANF ® Current SSI 0 NPA Food Stamp Recipient to Income 0 MAO Income Eligible ❑ Ineligible ►l Other Income Eligible • Without Regard 2. Total Number of Client to be Served 0 Per month 3. Number of Eligible Clients to be Served Per month ® Per day • Per week ® Per day ❑ Per week • 4. Unit of Service Meals 5. Units of Service to All Clients 125,560 6. Number of Units of Service to Eligible CI ents 46,291 7. Geographical Area Served Nueces County (City of Corpus Christi) 8 Goals (check all that apply) IV ❑ v 0 1 0 11 • 1I1 ® 9. Basis of Payment 0 Reimbursement r t ❑ Cost Reimbursement ❑ Schedule �/ Fixed Unit Rate . 10. Estimated Amount of Co -Pay (day care and family planning only): NIA Texas Department of Aging and Disability Services State of Texas Travis County Community Services Contract Amendment Section 1. Contractor Information Legal Name of Entity (Contractor) City of Corpus Christi Doing Business As (d/b/a) Name, if applicable Senior Community Services Address of Contractor (street, city, state, ZIP) P. O. Box 9277, Corpus Christi, TX 78469 Section 2. Introduction Contract No. 167400 Form 3254-A June 2013 Contract Type CCAD HDM Amendment No. 11-8 Region No. 11 Waiver Contract Area Nueces Component Code HCS This amendment to the contract number referenced above (the "contract") is entered into by the Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above (Department and Contractor, collectively, the "parties," each, a "party"). The Department represents the Health and Human Services Commission (HHSC), the Texas Medicaid agency, for any Medicaid services provided under this contract. The Department, as the representative for HHSC, administers community services programs under Title XIX, including Section 1915(c); Title XX of the Social Security Act; and Title 2, Texas Human Resources Code. Section 3. Amendment Modifications The parties agree that each marked provision below is hereby added to the contract as though it was set out word-for-word in the contract. ❑ The following ❑ counties ❑ local authorities are added to the contract. ❑ The following ❑ counties 0 local authorities are deleted from the contract. ® Attachment A (relating to covered counties) is incorporated into the contract and represents the full listing of counties served as a result of this amendment. ❑ The attached Form 3691-A, Service Area Designation HCS, TxHmL, CDS and TAS, is incorporated into the contract and replaces the Contractor's previously submitted Form 3691-A. ® Attachment B (relating to Home Delivered Meals) is incorporated into the contract and represents the new Home Delivered Meals provisions as a result of this amendment. ❑ Contractor agrees to screen its employees and contractors to determine whether they have been excluded from participation in Medicare, Medicaid, the State Children's Health insurance Program and all federal and state health care programs. The Contractor agrees to search monthly the U.S. Department of Health and Human Services Office of the Inspector General (HHS -OIG) and Health and Human Services Commission -Office of the Inspector General (HHSC-OIG) List of Excluded Individuals/Entities (LEIE) websites to capture exclusions and reinstatements that have occurred since the last search and to immediately report to the HHSC-OIG any exclusion information the contractor discovers. Exclusionary searches for prospective employees or contractors shall be performed prior to employment or contracting. The Contractor also acknowledges and agrees that no Medicaid payments can be made for any items or services directed or prescribed by an excluded physician or other authorized person when the individual or entity fumishing the items or services either knew or should have known of the exclusion. This prohibition applies even when the Medicaid payment itself is made to another provider, practitioner or supplier that is not excluded. Form 3254-A Page 2 / 06-2013 Section 3. Amendment Modifications (continued) ❑ Contractor agrees that in accordance with 42 CFR §455.23, the Department shall suspend all Medicaid payments to the Contractor upon notification by HHSC-OIG that a credible allegation of fraud under the Medicaid program is pending against the Contractor, unless the Department has good cause not to suspend the payments or to suspend the payments only in part. ❑ Contractor agrees that except as provided in the paragraphs below, the Contractor must not use the Department's name, the state of Texas or refer to the Department or the state directly or indirectly in any media release, public announcement or public disclosure relating to this contract or its subject matter, including, but not limited to, in any promotional or marketing materials, customer lists or business presentations (other than those submitted to the Department, an administrative agency of the state of Texas, or a governmental agency or unit of another state or the federal government). The Contractor may publish, at its sole expense, results of Contractor performance under this contract with the Department's prior review and approval, which the Department may exercise at its sole discretion. Any publication (written, visual or sound) will acknowledge the support received from the Department and any federal agency, as appropriate. The Contractor will provide the Department at least three copies of such publication prior to public release. The Contractor will provide additional copies at the request of the Department. The Contractor may include information concerning this contract's terms, subject matter and estimated value in any report to a governmental body to which the Contractor is required by law to report such information. ® Contractor agrees that as part of its contract with the Department, Contractor may receive or create sensitive personal information, as section 521.002 of the Business and Commerce Code defines that phrase. Contractor must use appropriate safeguards to protect this sensitive personal information. These safeguards must include maintaining the sensitive personal information in a form that is unusable, unreadable, or indecipherable to unauthorized persons. Contractor may consult the "Guidance to Render Unsecured Protected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals" issued by the U.S. Department of Health and Human Services to determine ways to meet this standard. Contractor must notify the Department of any confirmed or suspected unauthorized acquisition, access, use or disclosure of sensitive personal information related to this contract, including any breach of system security, as section 521.053 of the Business and Commerce Code defines that phrase. Contractor must submit a written report to the Department as soon as possible but no later than 10 business days after discovering the unauthorized acquisition, access, use or disclosure. The written report must identify each individual whose sensitive personal information has been or is reasonably believed to have been compromised. Contractor must either disclose the unauthorized acquisition, access, use or disclosure to each individual whose sensitive personal information has been or is reasonably believed to have been compromised or pay the expenses associated with the Department doing the disclosure if: 1. Contractor experiences a breach of system security involving information owned by the Department for which disclosure or notification is required under section 521.053 of the Business and Commerce Code; or 2. Contractor experiences a breach of unsecured protected health information. as 45 CFR §164.402 defines that phrase, and the Department becomes responsible for doing the notification required by 45 CFR §164.404. The Department may, at its discretion, waive Contractor's payment of expenses associated with the Department doing the disclosure. ❑ Other Form 3254-A Page 3106-2013 Section 4. Effective Date This amendment is effective October 1. 2014. Section 5. Terms Remain in Effect The parties agree that all other provisions of the contract shall remain in effect and govem except to the extent modified in this amendment. Section 6. Amendment Execution The Department and Contractor have each caused this amendment to be signed by their respective representative. Department of Aging and Disability Services Signature -Department Representative Date Paul T_ Ebrom Name of Department Representative (Print or type) Community Services Regional Director Title of Department Representative (Print or type) City of Corpus Christi SS gn� antra�o or Representative Michael Monis Name of Contractor Representative (Print or type) Director, Parks & Recreation Title of Contractor Representative (Print or type) Date Type of Contract CCAD HDM Legal Name of Contractor Form 3254-A Page 4 / 06-2013 Community Services Contract Amendment Attachment A — Covered Counties Contract No. , Amendment No. I Region No, 1 ,167400 11_9 11 City of Corpus Christi Contact Person TArea Code and Telephone No. [Elsa Munoz I (361) 880-3150 The counties listed below, effective with this amendment, are covered by the contract. These counties are on file with the DADS Home and Community Support Servi•ves licensing division for the appropriate category of licensure and are located in the DADS region specified above. County Name County Name County Name Nueces (178) Date Form Completed: 08/22/2014 Initials—Cdntractor Representative Type of Contract CCAD HDM Legal Name of Contractor City of Corpus Christi Contact Person Elsa Munoz Community Services Contract Amendment Attachment B — Home Delivered Meals Contract No. Amendment No. 1167400 111-8 Each marked provision below is included in this attachment. fReiorio1 11 Form 3254-A Page 5106-2013 Area Code and Telephone No. (361) 880-3150 ® Contractor will provide 46,291 units of Title XX Community Care for the Aged and Disabled/Home Delivered Meals for the period October 1, 2014 through September 30, 2015 (budget period). The approved budget for each meal is $4.95, and the approved budget for the budget period is $229,140. The approved budget is reflected in the attached Form 2029, Information Worksheet, Purchase of Services Contract, which is incorporated into this amendment. The geographical area covered by the contract is Nueces, Texas. ❑ Contractor will provide Title XIX Community Based Altematives/Home Delivered Meals for the period through (budget period). The Title XIX meals will be paid at the rate of $ per unit. The geographical area covered by the contract is , Texas. ® Contractor will serve or deliver meals in alternate format (frozen, chilled or shelf -stable) on fewer than five days per week. The alternate delivery terms for the period October 1, 2014 through September 30, 2015 are described in the attached Form 2027, Home Delivered Meals FFY 2015 Waiver Description, which is incorporated into this amendment. Initials—Contractor Representative AGENDA MEMORANDUM First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Peter Davidson, Marina Superintendent PeterD@cctexas.com (361) 826-3980 Authorization for the Issuance of Marina Revenue Bonds CAPTION: Ordinance authorizing the issuance of City of Corpus Christi, Texas Marina System Revenue Bonds, Taxable Series 2014 in an aggregate principal amount not to exceed $2,600,000; providing for the payment of the principal of and interest on the bonds by a first and prior lien on and pledge of the net revenues of the City's Marina System; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; providing the terms and conditions of such bonds and resolving other matters incident and relating to the issuance, payment, security, sale, and delivery thereof; authorizing the execution of a paying agent/registrar agreement, an escrow agreement, and a purchase and investment letter; and providing an effective date. PURPOSE: The issuance of these Marina Revenue Bonds will fund the replacement of the "R" Pier at the Corpus Christi Marina. BACKGROUND AND FINDINGS: The existing "R" Pier at the City Marina was constructed in 1982 but now 32 years later, the dock is rotted and unsafe for its intended purpose. A replacement dock is being proposed at a cost of $2,600,000 for a minimum of 118 boats slips up to 146 boat slips. On January 14, 2014, the City Council ratified a grant application to the United States Fish and Wildlife Service through Texas Parks and Wildlife Department for a $502,496 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. The Marina was awarded this grant on August 25, 2014. These funds will be used to fund 35 transient, visiting boat slips. Also, an additional grant from the United States Fish and Wildlife Service through Texas Parks and Wildlife Department is forthcoming in the amount of $175,000 for sewage pump -out equipment to be built into the docks. The City Marina will be partnering with The Ed Rachel Foundation to loan the money to fund this project. The debt will be for a term of 15 years and will be repaid by Marina revenue. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • City Marina Department • Bond Counsel • Legal Department FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $2,600,000 - $ 2,600,000 Encumbered/Expended amount of (date) - - - This item - $2,600,000 - $ 2,600,000 BALANCE - - - - FUND(S): Marina CIP Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. FINAL AUTHORIZING THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS MARINA SYSTEM REVENUE BONDS, TAXABLE SERIES 2015" IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,600,000; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS BY A FIRST AND PRIOR LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY'S MARINA SYSTEM; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; PROVIDING THE TERMS AND CONDITIONS OF SUCH BONDS AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE, AND DELIVERY THEREOF; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE AND INVESTMENT LETTER; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Corpus Christi, Texas is authorized by Chapter 54, as amended, Texas Transportation Code (the Act), to establish, acquire, lease, construct, improve, enlarge, equip, repair, operate, or maintain certain facilities for municipal purposes; and WHEREAS, the Act permits the City Council of the City (the City Council) to issue revenue bonds to provide all or part of the money to establish, acquire, construct, improve, enlarge, equip, or repair specified facilities and to secure such revenue bonds by a pledge of and lien on revenues from all or a designated part of the revenues derived by the City from the ownership and operation of such facilities; and WHEREAS, the City owns and operates, and on its books and records maintains (as an enterprise fund), a marina system (as further described and defined herein, the System), where it accounts, separate and apart from other funds of the City, the revenues therefrom and the expenses therefor; and WHEREAS, the City Council has heretofore issued, and there currently remain outstanding certain maturities of, its City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005 (Marina Development Project), which obligations are secured by and payable from, in part, those surplus System net revenues remaining after payment of the costs of operating and maintaining the System, as well as any other obligations of the System then or thereafter existing, pursuant to and in reliance upon the provisions of the Act; and WHEREAS, in reliance upon the provisions of the Act permitting the lien on and pledge of all or a designated part of the revenues of facilities owned and maintained thereunder, and for the purpose of allocating the costs of System improvement to the revenues resultant therefrom, the City Council has determined to establish a first and prior lien revenue finance system in 79708404.8 support of the System, secured (primarily) by a first and prior lien on and pledge of Net Revenues (defined herein) that is senior and superior to the lien thereon and pledge thereof securing the currently outstanding Subordinate Lien Obligations (defined herein); and WHEREAS, the City Council deems it appropriate to issue the hereinafter authorized revenue bonds in an aggregate principal amount of $2,600,000, for the primary purpose of (i) acquiring, purchasing, constructing, improving, repairing, extending, equipping, and renovating the System; and (ii) paying the costs of issuance of these revenue bonds; and WHEREAS, the City Council hereby finds and determines that the establishment of a first and prior lien finance system in support of the System and the issuance of these revenue bonds as the initial issuance thereunder, under the terms specified herein, is in the best interests of the residents of the City, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Authorization - Designation - Principal Amount - Purpose. Revenue bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of TWO MILLION SIX HUNDRED THOUSAND AND NO/100 DOLLARS ($2,600,000), to be designated and bear the title of "CITY OF CORPUS CHRISTI, TEXAS MARINA SYSTEM REVENUE BONDS, TAXABLE SERIES 2015 (the Bonds), pursuant to an ordinance adopted by the City Council (the Ordinance) for the purposes of (i) building, improving, extending, renovating, enlarging, and repairing the System and (ii) the payment of the costs of issuance for the Bonds. The Bonds shall be payable from and equally and ratably secured as to both principal and interest by a first and prior lien on and pledge of the Pledged Revenues, as further described in Section 10 hereof. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the laws of the State of Texas, the Act, the City's Home Rule Charter, and this Ordinance SECTION 2. Fully Registered Obligations - Authorized Denominations - Stated Maturities - Interest Rates - Dated Date. The Bonds are issuable in fully registered form only, shall be dated December 1, 2014 (the Dated Date), shall generally be in denominations of $100,000 or any integral multiple of $5,000 in excess thereof, shall be lettered "R-" and numbered consecutively from One (1) upward and principal shall become due and payable on March 1 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Registration Date noted on the Registration Certificate of the Paying Agent/Registrar (as provided in the Form of Bond in Section 8(b) hereof), or the most recent Interest Payment Date (hereafter defined) to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the rates per annum, while Outstanding, in accordance with the following schedule: 79708404.8 Years of Principal Stated Maturity Amounts ($) 2016 140,000 2017 145,000 2018 150,000 -2 Interest Rates (%) 3.00 3.00 3.00 Years of Principal Stated Maturity Amounts ($) 2019 155,000 2020 155,000 2021 160,000 2022 165,000 2023 170,000 2024 175,000 2025 185,000 2026 190,000 2027 195,000 2028 200,000 2029 205,000 2030 210,000 Interest Rates (%) 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 3.00 The Bonds shall bear interest on the unpaid principal amount thereof at the per annum rates shown above, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable on March 1 and September 1 of each year (the Interest Payment Date), commencing September 1, 2015, while the Bonds are Outstanding. SECTION 3. Payment of Bonds - Interest Payments - Paying Agent/Registrar. The principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption, or otherwise, shall be payable in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, and such payment of principal of and interest on the Bonds shall be without exchange or collection charges to the Holder (as hereinafter defined) of the Bonds. The selection and appointment of BOKF, NA dba Bank of Texas, Austin, Texas, to serve as the initial Paying Agent/Registrar (the Paying Agent/Registrar) for the Bonds is hereby approved and confirmed, and the City agrees and covenants to cause to be kept and maintained at the corporate trust office of the Paying Agent/Registrar books and records (the Security Register) for the registration, payment, and transfer of the Bonds, all as provided herein, in accordance with the terms and provisions of a Paying Agent/Registrar Agreement, attached, in substantially final form, as Exhibit A hereto, and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. The City covenants to maintain and provide a Paying Agent/Registrar at all times while the Bonds are Outstanding, and any successor Paying Agent/Registrar shall be (i) a national or state banking institution or (ii) an association or a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. Such Paying Agent/Registrar shall be subject to supervision or examination by federal or state authority and authorized by law to serve as a Paying Agent/Registrar. The City reserves the right to appoint a successor Paying Agent/Registrar upon providing the previous Paying Agent/Registrar with a certified copy of an order or resolution terminating 79708404.8 - 3 such agency. Additionally, the City agrees to promptly cause a written notice of this substitution to be sent to each Holder of the Bonds by United States mail, first-class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. Principal of, premium, if any, and interest on the Bonds, due and payable by reason of Stated Maturity, redemption or otherwise, shall be payable only to the registered owner of the Bonds appearing on the Security Register (the Holder or Holders) maintained on behalf of the City by the Paying Agent/Registrar as hereinafter provided (i) on the Record Date for purposes of payment of interest thereon, (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof upon redemption of the Bonds or at the Bonds' Stated Maturity or upon prior redemption of the Bonds, and (iii) on any other date for any other purpose. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder as the owner of a Bond for purposes of receiving payment and all other purposes whatsoever, and neither the City nor the Paying Agent/Registrar, or any agent of either, shall be affected by notice to the contrary. Principal of, and premium, if any, on the Bonds shall be payable only upon presentation and surrender of the Bonds to the Paying Agent/Registrar at its corporate trust office (provided, however, with respect to principal payments prior to the final Stated Maturity, the Bonds need not be surrendered to the Paying Agent/Registrar, who will merely document the payment on an internal ledger maintained by the Paying Agent/Registrar). Interest on the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the fifteenth day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar, to the address of the Holder appearing in the Security Register or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by the Holder at the Holder's risk and expense. If the date for the payment of the principal of, premium, if any, or interest on the Bonds shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a day. The payment on such date shall have the same force and effect as if made on the original date any such payment on the Bonds was due. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States Mail, first-class postage prepaid, to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. 79708404.8 -4- SECTION 4. Redemption. A. Optional Redemption. The Bonds shall be subject to redemption prior to Stated Maturity, at the option of the City, on any date, as a whole or in part, in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar), at the redemption price of par plus accrued interest to the date of redemption. B. Exercise of Redemption Option. At least forty-five (45) days prior to a date set for the redemption of Bonds (unless a shorter notification period shall be satisfactory to the Paying Agent/Registrar), the City shall notify the Paying Agent/Registrar of its decision to exercise the right to redeem Bonds, the principal amount of each Stated Maturity to be redeemed, and the date set for the redemption thereof. The decision of the City to exercise the right to redeem Bonds shall be entered in the minutes of the City Council. C. Selection of Bonds for Redemption. If less than all Outstanding Bonds of the same Stated Maturity are to be redeemed on a redemption date, the Paying Agent/Registrar shall select at random and by lot the Bonds to be redeemed, provided that if less than the entire principal amount of a Bond is to be redeemed, the Paying Agent/Registrar shall treat such Bond then subject to redemption as representing the number of Bonds outstanding which is obtained by dividing the principal amount of such Bond by $5,000. D. Notice of Redemption. Not less than thirty (30) days prior to a redemption date for the Bonds, a notice of redemption shall be sent by United States Mail, first-class postage prepaid, in the name of the City and at the City's expense, by the Paying Agent/Registrar to each Holder of a Bond to be redeemed, in whole or in part, at the address of the Holder appearing on the Security Register at the close of business on the business day next preceding the date of mailing such notice, and any notice of redemption so mailed shall be conclusively presumed to have been duly given irrespective of whether received by the Holder. All notices of redemption shall (i) specify the date of redemption for the Bonds, (ii) identify the Bonds to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state that the Bonds, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Bonds, or the principal amount thereof to be redeemed, shall be made at the corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the Holder. If a Bond is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as herein provided, such Bond (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and if money sufficient for the payment of such Bonds (or of the principal amount thereof to be redeemed) at the then applicable redemption price is held for the purpose of such payment by the Paying Agent/Registrar, then on the redemption date designated in such notice, interest on said Bonds (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue, and such Bonds shall not be deemed to be Outstanding in accordance with the provisions of this Ordinance. This notice may 79708404.8 - 5 also be published once in a financial publication, journal, or reporter of general circulation among securities dealers in the City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). E. Transfer/Exchange. Neither the City nor the Paying Agent/Registrar shall be required (i) to transfer or exchange any Bond during a period beginning forty-five (45) days prior to the date fixed for redemption of the Bonds or (ii) to transfer or exchange any Bond selected for redemption, provided; however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance of a Bond which is subject to redemption in part. SECTION 5. Execution - Registration. The Bonds shall be executed on behalf of the City by an Authorized Representative of the City, its seal reproduced or impressed thereon, and attested by its Secretary. The signature of either officer on the Bonds may be manual or facsimile. Bonds bearing the manual or facsimile signatures of individuals who were, at the time of the Issue Date, the proper officers of the City shall bind the City, notwithstanding that such individuals or either of them shall cease to hold such offices prior to the delivery of the Bonds to the Purchasers (defined herein), all as authorized and provided in Chapter 1201, as amended, Texas Government Code. No Bond shall be entitled to any right or benefit under this Ordinance, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Section 8C, executed by the Comptroller of Public Accounts of the State of Texas or his duly authorized agent by manual signature, or a certificate of registration substantially in the form provided in Section 8D, executed by the Paying Agent/Registrar by manual signature, and either such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified or registered and delivered. SECTION 6. Registration - Transfer - Exchange of Bonds - Predecessor Bonds. The Paying Agent/Registrar shall obtain, record, and maintain in the Security Register the name and address of every owner of the Bonds, or, if appropriate, the nominee thereof. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds of other authorized denominations upon the Security Register by the Holder, in person or by his duly authorized agent, upon surrender of such Bond to the Paying Agent/Registrar for cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Holder or by his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. Upon surrender for transfer of any Bond at the corporate trust office of the Paying Agent/Registrar, the City shall execute and the Paying Agent/Registrar shall register and deliver, in the name of the designated transferee or transferees, one or more new Bonds of authorized denomination and having the same Stated Maturity and of a like interest rate and aggregate principal amount as the Bond or Bonds surrendered for transfer. At the option of the Holder, Bonds may be exchanged for other Bonds of the same series and of authorized denominations and having the same Stated Maturity, bearing the same rate of interest and of like aggregate principal amount as the Bonds surrendered for exchange upon 79708404.8 - 6 surrender of the Bonds to be exchanged at the corporate trust office of the Paying Agent/Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute, and the Paying Agent/Registrar shall register and deliver, the Bonds, to the Holder requesting the exchange. All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the corporate trust office of the Paying Agent/Registrar, or be sent by registered mail to the Holder at his request, risk, and expense, and upon the delivery thereof, the same shall be the valid and binding obligations of the City, evidencing the same obligation to pay, and entitled to the same benefits under this Ordinance, as the Bonds surrendered upon such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense or service charge to the Holder, except as otherwise herein provided, and except that the Paying Agent/Registrar shall require payment by the Holder requesting such transfer or exchange of any fee, tax or other governmental charges required to be paid with respect to such transfer or exchange Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are hereby defined to be Predecessor Bonds, evidencing all or a portion, as the case may be, of the same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term Predecessor Bonds shall include any Bond registered and delivered pursuant to Section 28 in lieu of a mutilated, lost, destroyed, or stolen Bond which shall be deemed to evidence the same obligation as the mutilated, lost, destroyed, or stolen Bond. SECTION 7. Initial Bond(s). The Bonds herein authorized shall be issued initially either (i) as a single fully -registered Bond in the total principal amount of $2,600,000 with principal installments to become due and payable as provided in Section 2 and numbered T-1, or (ii) as one (1) fully -registered Bond for each year of Stated Maturity in the applicable principal amount and denomination and to be numbered consecutively from T-1 and upward (the Initial Bond(s)) and, in either case, the Initial Bond(s) shall be registered in the name of the initial purchasers or the designee thereof. The Initial Bond(s) shall be the Bonds submitted to the Office of the Attorney General of the State of Texas for approval, certified and registered by the Office of the Comptroller of Public Accounts of the State of Texas and delivered to the Purchasers. Any time after the delivery of the Initial Bond(s), the Paying Agent/Registrar shall cancel the Initial Bond(s) delivered hereunder and exchange therefor definitive Bonds of authorized denominations, Stated Maturities, principal amounts and bearing applicable interest rates for transfer and delivery to the Holders named at the addresses identified therefor; all pursuant to and in accordance with such written instructions from the initial purchasers, or the designee thereof, and such other information and documentation as the Paying Agent/Registrar may reasonably require. SECTION 8. FORMS. A. Forms Generally. The Bonds, the Registration Certificate of the Comptroller of Public Accounts of the State of Texas, the Registration Certificate of Paying Agent/Registrar, and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms set forth in this Section with such appropriate insertions, omissions, substitutions, and other 79708404.8 - 7 variations as are permitted or required by this Ordinance and may have such letters, numbers, or other marks of identification (including insurance legends in the event the Bonds, or any Stated Maturities thereof, are insured and identifying numbers and letters of the Committee on Uniform Securities Identification Procedures of the American Bankers Association) and such legends and endorsements (including any reproduction of an opinion of counsel) thereon as may, consistent herewith, be established by the City or determined by the officers executing the Bonds as evidenced by their execution thereof. Any portion of the text of any Bond may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond. The definitive Bonds shall be printed, lithographed, or engraved, produced by any combination of these methods, or produced in any other similar manner, all as determined by the officers executing the Bonds as evidenced by their execution thereof, but the Initial Bond(s) submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. [The remainder of this page intentionally left blank.] 79708404.8 - 8 B. Form of Definitive Bond. REGISTERED REGISTERED PRINCIPAL AMOUNT NO. $ United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS MARINA SYSTEM REVENUE BONDS, TAXABLE SERIES 2015 Dated Date: December 1, 2014 REGISTERED OWNER: Interest Rate: Stated Maturity: CUSIP NO: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the City), a body corporate and a political subdivision located in the Counties of Nueces, Aransas, Kleberg, and San Patricio State of Texas, for value received, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption), and to pay interest on the unpaid Principal Amount hereof from the Registration Date (noted in the Registration Certificate of the Paying Agent/Registrar) or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of 30 -day months; such interest being payable on March 1 and September 1 of each year commencing September 1, 2015. Principal and premium, if any, of the Bond shall be payable to the Registered Owner hereof (the Holder) upon presentation and surrender (provided, however, with respect to principal payments prior to the final Stated Maturity, the Bonds need not be surrendered to the Paying Agent/Registrar, who will merely document the payment on an internal ledger maintained by the Paying Agent/Registrar), at the corporate trust office of the Paying Agent/Registrar executing the registration certificate appearing hereon or a successor thereof. Interest shall be payable to the Holder of this Bond (or one or more Predecessor Bonds, as defined in the Ordinance hereinafter referenced) whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on the appropriate date of payment by United States Mail, first-class postage prepaid, to the Holder hereof at the address 79708404.8 -9 appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by the Holder hereof at the Holder's risk and expense. This Bond is one of the series specified in its title issued in the aggregate principal amount of $2,600,000 (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purposes of (i) building, improving, extending, renovating, enlarging, and repairing the System and (ii) paying the costs of their issuance. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the Constitution and laws of the State of Texas, particularly the City's Home Rule Charter, Chapter 54, as amended, Texas Transportation Code, and the Ordinance of the City Council approved on December 16, 2014 (the Ordinance). The Bonds may be redeemed prior to their Stated Maturities, at the option of the City, on any date, in whole or in part in principal amounts of $5,000 or any integral multiple thereof (and if within a Stated Maturity selected at random and by lot by the Paying Agent/Registrar) at the redemption price of par, together with accrued interest to the date of redemption, and upon thirty (30) days prior written notice being given by United States mail, first-class postage prepaid, to Holders of the Bonds to be redeemed, and subject to the terms and provisions relating thereto contained in the Ordinance If this Bond is subject to redemption prior to Stated Maturity and is in a denomination in excess of $5,000, portions of the principal sum hereof in installments of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Holder hereof, upon the surrender of this Bond to the Paying Agent/Registrar at its corporate trust office, a new Bond or Bonds of like Stated Maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond (or any portion of the principal sum hereof) shall have been duly called for redemption and notice of such redemption duly given, then upon such redemption date this Bond (or the portion of the principal sum hereof to be redeemed) shall become due and payable, and, if money for the payment of the redemption price and the interest accrued on the principal amount to be redeemed to the date of redemption is held for the purpose of such payment by the Paying Agent/Registrar, interest shall cease to accrue and be payable hereon from and after the redemption date on the principal amount hereof to be redeemed. In the event of a partial redemption of the principal amount of this Bond, payment of the redemption price of such principal amount shall be made to the registered owner only upon presentation and surrender of this Bond to the corporate trust office of the Paying Agent/Registrar and, there shall be issued to the registered owner hereof, without charge, a new Bond or Bonds of like maturity and interest rate in any authorized denominations provided in the Ordinance for the then unredeemed balance of the principal sum hereof. If this Bond is called for redemption, in whole or in part, the City or the Paying Agent/Registrar shall not be required to issue, transfer, or exchange this Bond within forty-five (45) days of the date fixed for redemption; provided, however, such limitation of transfer shall not be applicable to an exchange by the Holder of the unredeemed balance hereof in the event of its redemption in part. The Bonds of this series are special obligations of the City, issued as the initial series of Priority Bonds, payable from and equally and ratably secured by a lien on and pledge of the Pledged Revenues, being (primarily) a first and prior lien on and pledge of the Net Revenues 79708404.8 - 10 - derived from the City's ownership and operation of its marina system (as further described in the Ordinance, the System), and senior and superior in security and source of payment to the currently outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City. In the Ordinance, the City reserves and retains the right to issue Additional Parity Obligations and Additional Subordinate Lien Obligations, without limitation as to principal amount but subject to any terms, conditions, or restrictions set forth in the Ordinance or as may be applicable thereto under law or otherwise. The Bonds do not constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the City or System, except with respect to the Pledged Revenues. The Holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation. Reference is hereby made to the Ordinance, a copy of which is on file in the corporate trust office of the Paying Agent/Registrar, and to all of the provisions of which the Holder by his acceptance hereof hereby assents, for definitions of terms; the description and nature of the Pledged Revenues of the System pledged for the payment of the Bonds; the terms and conditions under which the City may issue Additional Parity Obligations, and Additional Subordinate Lien Obligations; the terms and conditions relating to the transfer or exchange of the Bonds; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Holders; the rights, duties, and obligations of the City and the Paying Agent/Registrar; the terms and provisions upon which this Bond may be redeemed or discharged at or prior to the Stated Maturity thereof, and deemed to be no longer Outstanding thereunder; and for the other terms and provisions specified in the Ordinance. Capitalized terms used herein have the same meanings assigned in the Ordinance. This Bond, subject to certain limitations contained in the Ordinance, may be transferred on the Security Register upon presentation and surrender at the corporate trust office of the Paying Agent/Registrar, duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed by the Holder hereof, or his duly authorized agent, and thereupon one or more new fully registered Bonds of the same Stated Maturity, of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees. The City and the Paying Agent/Registrar, and any agent of either, shall treat the Holder hereof whose name appears on the Security Register (i) on the Record Date as the owner hereof for purposes of receiving payment of interest hereon, (ii) on the date of surrender of this Bond as the owner hereof for purposes of receiving payment of principal hereof at its Stated Maturity, or its redemption, in whole or in part, and (iii) on any other date as the owner hereof for all other purposes, and neither the City nor the Paying Agent/Registrar, or any such agent of either, shall be affected by notice to the contrary. In the event of a non-payment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a Special Record Date) will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (the Special Payment Date - which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, 79708404.8 - 11 - to the address of each Holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. It is hereby certified, covenanted, and represented that all acts, conditions, and things required to be performed, exist, and be done precedent to the issuance of this Bond in order to render the same a legal, valid, and binding special obligation of the City have been performed, exist, and have been done, in regular and due time, form, and manner, as required by the laws of the State of Texas and the Ordinance, and that issuance of the Bonds does not exceed any constitutional or statutory limitation; and that due provision has been made for the payment of the principal of and interest on the Bonds by a pledge of and lien on the Pledged Revenues. In case any provision in this Bond or any application thereof shall be deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions and applications shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be governed by the laws of the State of Texas. IN WITNESS WHEREOF, the City Council of the City has caused this Bond to be duly executed under the official seal of the City. ATTEST: City Secretary (SEAL) 79708404.8 CITY OF CORPUS CHRISTI, TEXAS By Mayor - 12 - C. *Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond(s) Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS THE STATE OF TEXAS § § § § REGISTER NO. I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this (SEAL) * Note to Printer: Not to appear on printed Bonds 79708404.8 - 13 - Comptroller of Public Accounts of the State of Texas D. *Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued under the provisions of the within -mentioned Ordinance; the Bond or Bonds of the above -entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar. Registered this date: BOKF, NA DBA BANK OF TEXAS, Austin, Texas, as Paying Agent/Registrar * Note to Printer: to appear on printed Bonds E. Form of Assignment. By: Authorized Signature ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: 79708404.8 - 14 - F. The Initial Bond(s) shall be in the form set forth in paragraph B of this Section, except that the form of a single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; (ii) the first two paragraphs shall read as follows: REGISTERED OWNER: PRINCIPAL AMOUNT: The City of Corpus Christi, Texas (the City), a body corporate and a political subdivision located in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the first day of March in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Closing Date (anticipated to be January 15, 2015) specified in the Ordinance (defined herein), or from the most recent interest payment date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of 30 - day months; such interest being payable on March 1 and September 1 of each year, commencing September 1, 2015. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender (provided, however, with respect to principal payments prior to the final Stated Maturity, the Bond need not be surrendered to the Paying Agent/Registrar, who will merely document the payment on an internal ledger maintained by the Paying Agent/Registrar) at the corporate trust office of BOKF, NA dba Bank of Texas, Austin, Texas (the Paying Agent/Registrar). Interest shall be payable to the Holder of this Bond whose name appears on the Security Register maintained by the Paying Agent/Registrar at the close of business on the Record Date, which is the fifteenth day of the month next preceding each interest payment date. All payments of principal of and interest on this Bond shall be in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. Interest shall be paid by the Paying Agent/Registrar by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, to the Holder hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Holder hereof. 79708404.8 - 15 - G. Insurance Legend. If bond insurance is obtained by the Purchasers or the City for the Bonds, the definitive Bonds and the Initial Bond(s) shall bear an appropriate legend as provided by the insurer. SECTION 9. Definitions. For all purposes of this Ordinance (as defined below), except as otherwise expressly provided or unless the context otherwise requires: (i) the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Section 45 of this Ordinance have the meanings assigned to them in such Sections, and all such terms include the plural as well as the singular; (ii) all references in this Ordinance to designated "Sections" and other subdivisions are to the designated Sections and other subdivisions of this Ordinance as originally adopted; and (iii) the words "herein", "hereof', and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. A. The term Additional Parity Obligations shall mean (i) any bonds, notes, warrants, or other evidences of indebtedness which the City reserves the right to issue or enter into, as the case may be, in the future under the terms and conditions provided in Section 19 of this Ordinance and which are equally and ratably secured by a first and prior lien on and pledge of the Pledged Revenues that is on parity with the lien thereon and pledge thereof securing any outstanding Priority Bonds and that is senior and superior to the lien thereon and pledge thereof securing the repayment of the currently outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City and (ii) obligations hereafter issued to refund any of the foregoing if issued in a manner so as to be payable from and equally and ratably secured by a first and prior lien on and pledge of the Pledged Revenues as determined by the City Council in accordance with applicable law. B. The term Additional Subordinate Lien Obligations shall mean (i) any bonds, notes, warrants, or any similar obligations hereafter issued by the City that are payable wholly or in part from and secured by a lien and pledge of all or part of the Net Revenues that is subordinate and inferior to the lien on and pledge of the Net Revenues (through their inclusion in Pledged Revenues) that are or will be pledged to the payment of the Bonds and any Additional Parity Obligations hereafter issued by the City, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and secured by a subordinate and inferior lien on and pledge of all or part of Net Revenues as determined by the City Council in accordance with applicable law. C. The term Authorized Representative shall mean the Mayor of the City, the City Manager of the City, the Assistant City Manager for General Government and Operations Support, the Director of Financial Services, and the City Attorney. D. The term Average Annual Debt Service Requirements shall mean that average amount which, at the time of computation, will be required to pay the Debt Service Requirements of obligations when due and derived by dividing the total of such Debt Service Requirements by the number of years then remaining before final Stated Maturity. For purposes of this definition, a fractional period of a Fiscal Year shall be treated as an entire Fiscal Year. The calculation of Average Annual Debt Service Requirements shall be net of (1) capitalized interest from bond proceeds and (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax 79708404.8 - 16 - credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Priority Bonds to which it relates. E. The term Bonds shall mean the $2,600,000 "CITY OF CORPUS CHRISTI, TEXAS MARINA SYSTEM REVENUE BONDS, TAXABLE SERIES 2015", dated December 1, 2014, authorized by this Ordinance. F. The term Bond Fund shall mean the special Fund or account created and established by the provisions of Section 13 of this Ordinance. G. The term City shall mean the City of Corpus Christi, Texas and, where appropriate, the City Council of the City. H. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment of the agreed purchase price for the Bonds. I. The term Debt Service Requirements shall mean, as of any particular date of computation, with respect to any obligations and with respect to any period, the aggregate of the amounts to be paid or set aside by the City as of such date or in such period for the payment of the principal of, premium, if any, and interest (to the extent not capitalized) on such obligations; assuming, in the case of obligations without a fixed numerical rate, that such obligations bear interest calculated by assuming (i) that the interest rate for every 12 -month period on such bonds is equal to the rate of interest reported in the most recently published edition of The Bond Buyer (or its successor) at the time of calculation as the "Revenue Bond Index" or, if such Revenue Bond Index is no longer being maintained by The Bond Buyer (or its successor) at the time of calculation, such interest rate shall be assumed to be 80% of the rate of interest then being paid on United States Treasury obligations of like maturity and (ii) that, in the case of bonds not subject to fixed scheduled mandatory sinking fund redemptions, that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds or in the manner permitted under Section 1371.057(c), as amended, Texas Government Code as the same relates to interim or non—permanent indebtedness, and in the case of obligations required to be redeemed or prepaid as to principal prior to Stated Maturity according to a fixed schedule, the principal amounts thereof will be redeemed prior to Stated Maturity in accordance with the mandatory redemption provisions applicable thereto (in each case notwithstanding any contingent obligation to redeem bonds more rapidly). For the term of any credit agreement (as authorized by the provisions of Chapter 1371, as amended, Texas Government Code) in the form of an interest rate hedge agreement entered into in connection with any such obligations, Debt Service Requirements shall be computed by netting the amounts payable to the City under such hedge agreement from the amounts payable by the City under such hedge agreement and such obligations. J. The term Depository shall mean an official depository bank of the City. K. The term Fiscal Year shall mean the twelve month accounting period used by the City in connection with the operation of the System which may be any twelve consecutive month period established by the City, which period presently commences on October 1 of each year and ends on the following September 30. 79708404.8 - 17 - L. The term Government Securities as used herein, shall mean (i) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America; (ii) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent; or (iv) any additional securities and obligations hereafter authorized by the laws of the State of Texas as eligible for use to accomplish the discharge of obligations such as the Bonds. M. The term Gross Revenues shall mean, for any defined period, all income, receipts, revenues, and increment which may be received or derived from the ownership and/or operation of the System as it is purchased, constructed or otherwise acquired from time to time, but shall not mean the income and increment derived from a contract or contracts with persons, corporations, municipal corporations, political subdivisions, or other entities which under the terms of the authorizing resolution(s) or order(s) that may be pledged for the requirements of the City's Special Facilities Bonds issued particularly to finance the marina facilities needed in performing any such contract or contracts. N. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. O. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being March 1 and September 1 of each year, commencing September 1, 2015, while any of the Bonds remain Outstanding. P. The term Maintenance and Operation Expenses shall mean the expenses necessary to provide for the administration, efficient operation and adequate maintenance of the City's System, including the payment of necessary wages, salaries, and benefits, the acquisition of property and materials necessary to maintain the System in good condition and to operate it efficiently, together with such other costs and expenses as may now or hereafter be defined by law as proper maintenance and operation expenses of the System (which costs and expenses, however, specifically exclude any allowance for depreciation, property, retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest on the Bonds and the currently outstanding Subordinate Lien Obligations, as well as any Additional Parity Obligations or Additional Subordinate Lien Obligations hereafter issued by the City). Q. The term Net Revenues shall mean Gross Revenues of the System for any period after the deduction of Maintenance and Operating Expenses during such period. R. The term Ordinance shall mean this ordinance adopted by the City Council on December 16, 2014. 79708404.8 - 18 - S. The term Outstanding shall mean when used in this Ordinance with respect to Bonds means, as of the date of determination, all Bonds issued and delivered under this Ordinance, except: (i) those Bonds canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (ii) those Bonds for which payment has been duly provided by the City in accordance with the provisions of Section 32 of this Ordinance; and (iii) those Bonds that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 28 of this Ordinance. T. The term Pledged Revenues means (1) a first and prior lien on and pledge of the Net Revenues of the System for any period plus (2) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged by the City to the payment of the Bonds, and at the City's discretion, any Additional Parity Obligations, and excluding those revenues excluded from Gross Revenues. U. The term Priority Bonds shall mean the Bonds and any Additional Parity Obligations hereafter issued by the City or bonds issued to refund any of the foregoing if issued in a manner that provides that the refunding bonds are payable from and equally and ratably secured by a first and prior lien on and pledge of the Pledged Revenues. V. The term Purchasers shall mean the initial purchaser or purchasers of the Bonds named in Section 29 of this Ordinance. W. The term Stated Maturity shall mean the dates of maturity of the Bonds on March 1 of each year, as set forth in Section 2 of this Ordinance. X. The term Subordinate Lien Obligations shall mean (i) the currently outstanding obligations of the City designated as "City of Corpus Christi, Texas Combination Tax and Revenue Certificates of Obligation, Series 2005 (Marina Development Project)"; (ii) any outstanding and unpaid obligations that are payable wholly or in part from a lien on and pledge of the Net Revenues of the System that is subordinate and inferior to the lien thereon and pledge thereof that is included in the definition of Pledged Revenues that secures the Bonds and any Additional Parity Obligations hereafter issued by the City; and (iii) obligations hereafter issued to refund any of the foregoing that are payable from and secured by a subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with any applicable law. Y. The term System shall mean all properties, facilities (including piers), land, buildings, and equipment currently or hereafter owned, operated, and maintained by the City for purpose of providing marina services to its residents and visitors, together with all future extensions, improvements, replacements and additions thereto; provided, however, that notwithstanding the 79708404.8 - 19 - foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean to include facilities of any kind which are declared not to be a part of the System and which are acquired or constructed by or on behalf of the City with the proceeds from the issuance of "Special Facilities Bonds ", which are hereby defined as being special revenue obligations of the City which are payable from and secured by other liens on and pledges of any revenues, sources or payments, not pledged to the payment of obligations of the City secured in whole or in part by a lien on and pledge of Net Revenues of the System including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities. SECTION 10. Pledge of Pledged Revenues; Chapter 1208 Perfection of Security Interest. A. The City hereby covenants and agrees that the Pledged Revenues of the System are hereby irrevocably pledged to the payment and security of the Priority Bonds, including the establishment and maintenance of the special funds or accounts created for the payment and security thereof, all as hereinafter provided; and it is hereby resolved that the Priority Bonds, and the interest thereon, shall constitute a first and prior lien on and pledge of the Pledged Revenues and be valid and binding without any physical delivery thereof or further act by the City, and the lien created hereby on the Pledged Revenues for the payment and security of the Priority Bonds, including the Bonds, shall be prior in right and claim as to any other indebtedness, liability, or obligation of the City or the System. B. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Priority Bonds and the pledge of Pledged Revenues granted by the City under subsection (A) of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are Outstanding and unpaid such that the pledge of the Pledged Revenues granted by the City is to be subject to the filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Priority Bonds the perfection of the security interest in this pledge, the City Council agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in this pledge to occur. SECTION 11. Rates and Charges. The City hereby agrees and covenants to the holders of the Priority Bonds that it will at all times maintain rates and charges for services furnished, provided, and supplied by the System to customers which shall be reasonable and nondiscriminatory and which will produce income and revenues sufficient to pay: A. All Maintenance and Operating Expenses, depreciation, replacement and betterment expenses and other costs of the System; provided, however, that the City may utilize other lawfully available funds to pay Maintenance and Operations Expenses. B. The interest on and principal of the Priority Bonds (including any Additional Parity Obligations hereafter issued by the City) as and when the same shall become due, and provide for the establishment and maintenance of the funds and accounts created for the payment and security of the Priority Bonds (including Additional Parity Obligations hereafter issued by the City). 79708404.8 - 20 - C. The interest on and principal of the currently outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City as and when the same shall become due, and provide for the establishment and maintenance of the funds and accounts created for the payment and security of the currently outstanding Subordinate Lien Obligations or any Additional Subordinate Lien Obligations hereafter issued by the City. D. Any legal debt or obligation of the System as and when the same shall become due. SECTION 12. Revenue Fund. There has been previously created and established and the City shall maintain a special fund entitled "City of Corpus Christi, Texas Marina System Revenue Fund" (the Revenue Fund) into which all Gross Revenues of every nature received from the operation of the System shall be deposited as received. SECTION 13. Interest and Sinking Fund - Excess Funds. For the sole purpose of paying the principal of and interest on the Priority Bonds, including the Bonds, there is hereby created and established and there shall be maintained a separate fund entitled "City of Corpus Christi, Texas Marina System Taxable Revenue Bond Interest and Sinking Fund" (the Bond Fund). Any surplus proceeds from the sale of the Bonds, including investment income thereon, not expended for authorized purposes shall be deposited in the Bond Fund, and such amounts so deposited shall reduce the sums otherwise required to be deposited in such Fund from the Pledged Revenues. SECTION 14. Flow of Funds. The City hereby covenants and agrees that deposits into the Revenue Fund shall be pledged and appropriated to the extent required for the following uses and in the order of priority shown: A. First: To the payment of all necessary and reasonable Maintenance and Operating Expenses or other expenses required by statute to be a first charge on and claim against the revenues of the System. B. Second: To the payment of the amounts required to be deposited in the interest and sinking fund created and established for the payment of Debt Service Requirements on the Priority Bonds and the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Priority Bonds, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured by a prior and first lien on and pledge of the Pledged Revenues of the System, as the same becomes due and payable. C. Third: To the payment of the amounts required to be deposited in the interest and sinking fund created and established for the payment of debt service requirements on the currently Outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City and the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the currently Outstanding Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City, and any other obligations or evidences of indebtedness issues or incurred that are payable from and secured by a junior and inferior lien on and pledge of the Net Revenues of the System, as the same becomes due and payable. 79708404.8 -21 - D. Fourth: Any Net Revenues remaining in the Revenue Fund after satisfying the foregoing payments or making adequate and sufficient provision for the payment thereof, may be appropriated and used for any other City purpose now or hereinafter permitted by law, including a transfer to the City's General Fund. SECTION 15. Debt Service Reserve Fund. No debt service reserve fund has been created in connection with the issuance of the Bonds, though the City retains the right to create such a fund or account in connection with the issuance of any series of Additional Parity Obligations or Additional Subordinate Lien Obligations and such fund or account may, at such time, relate to all or some of the Priority Bonds or Additional Subordinate Lien Obligations at such time Outstanding. SECTION 16. Deficiencies - Excess Pledged Revenues. A. If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Bond Fund, then such deficiency shall be cured as soon as possible from the next available unallocated Pledged Revenues, or from any other sources available for such purpose, and such payments shall be in addition to the amounts required to be paid into these Funds or accounts during such month or months. B. Subject to making the required deposits to the Bond Fund when and as required by any ordinance, order, or resolution authorizing the issuance of the Bonds, the currently outstanding Subordinate Lien Obligations, and any Additional Parity Obligations, or Additional Subordinate Lien Obligations hereafter issued by the City, the excess Net Revenues of the System may be used by the City for any lawful purpose. SECTION 17. Payment of Bonds. While any of the Bonds are Outstanding, the Authorized Representative shall cause to be transferred to the Paying Agent/Registrar therefor, from funds on deposit in the Bond Fund, amounts sufficient to fully pay and discharge promptly each installment of interest on and principal of the Priority Bonds as such installment accrues or matures; such transfer of funds must be made in such manner as will cause immediately available funds to be deposited with the Paying Agent/Registrar for the Priority Bonds at the close of the business day next preceding the date a debt service payment is due on the Priority Bonds. SECTION 18. Investments. Funds held in any Fund or account created, established, or maintained pursuant to this Ordinance shall, at the option of the City, be placed in time deposits, certificates of deposit, guaranteed investment contracts or similar contractual agreements as permitted by the provisions of the Public Funds Investment Act, as amended, Chapter 2256, Texas Government Code, or any other law, and secured (to the extent not insured by the Federal Deposit Insurance Corporation) by obligations of the type hereinafter described, including investments held in book -entry form, in securities including, but not limited to, direct obligations of the United States of America, obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in indirect obligations of the United States of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National 79708404.8 - 22 - Mortgage Association, Farmers Home Administration, Federal Home Loan Mortgage Association, or Federal Housing Association; provided that all such deposits and investments shall be made in such a manner that the money required to be expended from any Fund or account will be available at the proper time or times. Such investments (except State and Local Government Series investments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value within 45 days of the close of each Fiscal Year. All interest and income derived from deposits and investments in the Bond Fund immediately shall be credited to, and any losses debited to, the Bond Fund. All such investments shall be sold promptly when necessary to prevent any default in connection with the Priority Bonds. SECTION 19. Issuance of Additional Obligations. A. The City hereby expressly reserves the right to issue Additional Parity Obligations. When duly authorized and issued in compliance with law and the terms and conditions hereafter stated, such Additional Parity Obligations shall be on a parity with the Bonds and, when issued, shall be considered Priority Bonds for all purposes. The City covenants and agrees, however, it will not issue any Additional Parity Obligations unless: (i) The City is not then in default as to any covenant, condition or obligation prescribed by the ordinances, orders or resolutions authorizing the issuance of any Priority Bonds then -Outstanding and has complied with any prerequisites to such issuance(s) specified in the identified orders, ordinances, or resolutions. (ii) Each of the funds created solely for the payment of the principal of and interest on the Priority Bonds and Subordinate Lien Obligations contain the amount of money then -required to be on deposit therein. (iii) An Authorized Representative of the City shall have certified has that, according to the books and records of the City for the most recently -completed Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Parity Obligations is adopted, the Net Revenues are at least equal to 1.00 times the Average Annual Debt Service Requirements for all then -Outstanding City obligations secured in whole or in part by a lien on and pledge of the Net Revenues after giving effect to the Additional Parity Obligations then proposed to be issued. B. Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the currently Outstanding City obligations payable from and secured by a lien on and pledge of all or any part of the Net Revenues, pursuant to any applicable law then available, upon such terms and conditions as the City Council may deem to be in the best interest of the City and upon satisfaction of the requirements in Section 19A. above after giving effect to the issuance of the refunding bonds and the retirement of the obligations at such time to be refunded. C. Additional Subordinate Lien Obligations. The City may issue Additional Subordinate Lien Obligations secured by a lien on and pledge of the Net Revenues of the System subordinate and inferior to the lien thereon and pledge thereof securing the Priority Bonds on the terms and 79708404.8 - 23 - conditions desired by the City, subject only to the limitations imposed by applicable law and upon satisfying each of the conditions precedent contained in the ordinances authorizing the issuance of the then- Outstanding Priority Bonds and Subordinate Lien Obligations, respectively, and including this Ordinance D. Special Facilities Bonds. Nothing in this Ordinance shall be construed to deny the City the right and it shall retain the right to issue Special Facilities Bonds, provided, however, the City will not issue Special Facilities Bonds unless the City concludes, upon recommendation of the City Council, that (i) the plan for developing the facilities to be financed with the proceeds of Special Facilities Bonds is consistent with sound planning, (ii) the facilities to be financed with the proceeds of Special Facilities Bonds would not materially and adversely interfere with the operation of the System, (iii) the facilities to be financed with the proceeds of Special Facilities Bonds can be economically and efficiently operated and maintained, and (iv) the facilities to be financed with the proceeds of Special Facilities Bonds can be economically and efficiently utilized by the City to provide special marina services and facilities and the cost of such will be reasonable. SECTION 20. Maintenance of System — Insurance. The City covenants and agrees that, for so long as the Priority Bonds remain Outstanding, it will maintain and operate the System with all possible efficiency and maintain casualty and other insurance on the properties of the System and its operations of a kind and in such amounts customarily carried by similarly -situated municipal corporations in the State of Texas engaged in a similar type of business (which may include an adequate program of self-insurance); and that it will faithfully and punctually perform all duties with reference to the System required by the laws of the State of Texas. All money received from losses under such insurance policies, other than public liability policies, shall be retained for the benefit of the holders of its outstanding evidences of indebtedness, until and unless the proceeds are paid out in making good the loss or damage in respect of which such proceeds are received, either by replacing the property destroyed or repairing the property damaged, and adequate provision for making good such loss or damage must be made within ninety (90) days after the date of loss. The payment of premiums for all insurance policies required under the provisions hereof shall be considered Maintenance and Operating Expenses. Nothing in this Ordinance shall be construed as requiring the City to expend any funds which are derived from sources other than the operation of the System but nothing herein shall be construed as preventing the City from doing so. SECTION 21. Records and Accounts — Annual Audit. The City covenants, agrees, and affirms its covenants that so long as any of the Bonds remain outstanding, it will keep and maintain separate and complete records and accounts pertaining to the operations of the System in which complete and correct entries shall be made of all transactions relating to the System, and that the Holders of the Bonds or any duly authorized agent or agents of such Holders shall have the right to inspect the System and all properties comprising the same. The City further agrees that following (and in no event later than 180 days after) the close of each Fiscal Year, it will cause an audit of such books and accounts to be made by an independent firm of certified public accountants and to be included in the City's Comprehensive Annual Financial Report (and available for inspection in the office of the City Secretary). Expenses incurred in making the annual audit of the operations of the System are to be regarded as Maintenance and Operating Expenses. 79708404.8 - 24 - SECTION 22. Limited Obligations of the City. The Bonds are limited, special obligations of the City payable from and equally and ratably secured solely by a lien on and pledge of the Pledged Revenues, being (primarily) a first and prior lien on and pledge of Net Revenues, and the Holders thereof shall never have the right to demand payment of the principal or interest on the Bonds from any funds raised or to be raised through taxation by the City. SECTION 23. Security of Funds. All money on deposit in the Funds or accounts for which this Ordinance makes provision (except any portion thereof as may be at any time properly invested as provided herein) shall be secured in the manner and to the fullest extent required by the laws of Texas for the security of public funds, and money on deposit in such Funds or accounts shall be used only for the purposes permitted by this Ordinance. SECTION 24. Remedies in Event of Default. In addition to all the rights and remedies provided by the laws of the State of Texas, the City covenants and agrees particularly that in the event the City (a) defaults in the payments to be made to the Bond Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions, or obligations set forth in this Ordinance, the Holders of any of the Bonds shall be entitled to seek a writ of mandamus issued by a court of proper jurisdiction compelling and requiring the governing body of the City and other officers of the City to observe and perform any covenant, condition, or obligation prescribed in this Ordinance. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. The specific remedy herein provided shall be cumulative of all other existing remedies and the specification of such remedy shall not be deemed to be exclusive. SECTION 25. Notices to Holders Waiver. Wherever this Ordinance provides for notice to Holders of any event, such notice shall be sufficiently given (unless otherwise herein expressly provided) if in writing and sent by United States Mail, first-class postage prepaid, to the address of each Holder as it appears in the Security Register. In any case where notice to Holders is given by mail, neither the failure to mail such notice to any particular Holders, nor any defect in any notice so mailed, shall affect the sufficiency of such notice with respect to all other Holders. Where this Ordinance provides for notice in any manner, such notice may be waived in writing by the Holder entitled to receive such notice, either before or after the event with respect to which such notice is given, and such waiver shall be the equivalent of such notice. Waivers of notice by Holders shall be filed with the Paying Agent/Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. SECTION 26. Bonds Are Negotiable Instruments. Each of the Bonds authorized herein shall be deemed and construed to be a "security" and as such a negotiable instrument with the meaning of the Chapter 8 of the Texas Uniform Commercial Code. 79708404.8 - 25 - SECTION 27. Cancellation. All Bonds surrendered for payment, transfer, redemption, exchange, or replacement, if surrendered to the Paying Agent/Registrar, shall be promptly canceled by it and, if surrendered to the City, shall be delivered to the Paying Agent/Registrar and, if not already canceled, shall be promptly canceled by the Paying Agent/Registrar. The City may at any time deliver to the Paying Agent/Registrar for cancellation any Bonds previously certified or registered and delivered which the City may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly canceled by the Paying Agent/Registrar. All canceled Bonds held by the Paying Agent/Registrar shall be destroyed as directed by the City. SECTION 28. Mutilated, Destroyed, Lost, and Stolen Bonds. If (1) any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Stated Maturity and interest rate and of like tenor and principal amount, bearing a number not contemporaneously outstanding. In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond. Upon the issuance of any new Bond or payment in lieu thereof, under this Section, the City may require payment by the Holder of a sum sufficient to cover any tax or other governmental charge imposed in relation thereto and any other expenses (including attorney's fees and the fees and expenses of the Paying Agent/Registrar) connected therewith. Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost, or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and ratably with all other Outstanding Bonds. The provisions of this Section are exclusive and shall preclude (to the extent lawful) all other rights and remedies with respect to the replacement and payment of mutilated, destroyed, lost, or stolen Bonds. SECTION 29. Sale of Bonds - Purchase and Investment Letter Approval. The Bonds authorized by this Ordinance are hereby sold by the City to The Ed Rachal Foundation, Corpus Christi, Texas (the Purchasers, having all the rights, benefits, and obligations of a Holder), in accordance with the provisions of a Purchase and Investment Letter dated December 16, 2014 (the Purchase Contract) attached hereto as Exhibit B and incorporated hereby by reference as a part of this Ordinance for all purposes. The Initial Bond shall be registered in the name of The Ed Rachal Foundation. Each Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, 79708404.8 - 26 - and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored by the City. The pricing terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. Delivery of the Bonds to the Purchasers shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Proceeds derived from the sale of the Bonds (after paying costs of issuance) shall be deposited into a special construction fund created for the projects to be constructed with the proceeds of the Bonds (the Construction Fund). This Construction Fund shall be established and maintained at an official depository bank of the City and shall be invested in accordance with the provisions of Section 18 of this Ordinance Interest earned on the proceeds of the Bonds pending completion of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter such amounts shall be expended in accordance with Section 13. SECTION 30. Taxable Obligations. The Bonds are not "state or local bonds" within the meaning of section 103(a) and (c) of the Internal Revenue Code of 1986, as amended; therefore, the interest on the Bonds is not excludable from the gross income of the holders thereof for federal income tax purposes. SECTION 31. Control and Custody of Bonds. The Mayor of the City, shall be and is hereby authorized to take and have charge of all necessary orders and records pending investigation by the Attorney General of the State of Texas and shall take and have charge and control of the Bonds pending their approval by the Attorney General of the State of Texas, the registration thereof by the Comptroller of Public Accounts of the State of Texas and the delivery of the Bonds to the Purchasers. Furthermore, any Authorized Representative is hereby authorized and directed to furnish and execute such documents relating to the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General and their registration by the Comptroller of Public Accounts and, together with the City's Bond Counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond(s) to the Purchasers. SECTION 32. Satisfaction of Obligation of City. If the City shall pay or cause to be paid, or there shall otherwise be paid to the Holders, the principal of, premium, if any, and interest on the Bonds, at the times and in the manner stipulated in this Ordinance, then the lien on and pledge of Pledged Revenues under this Ordinance and all covenants, agreements, and other obligations of the City to the Holders shall thereupon cease, terminate, and be discharged and satisfied. Bonds, or any principal amount(s) thereof, shall be deemed to have been paid within the meaning and with the effect expressed above in this Section when (i) money sufficient to pay in full such Bonds or the principal amount(s) thereof at Stated Maturity, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying 79708404.8 - 27 - Agent/Registrar, or an authorized escrow agent, and/or (ii) Government Securities shall have been irrevocably deposited in trust with the Paying Agent/Registrar, or an authorized escrow agent, which Government Securities have, in the case of a net defeasance, been certified by an independent accounting firm to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money, together with any money deposited therewith, if any, to pay when due the principal of and interest on such Bonds, or the principal amount(s) thereof, at the Stated Maturity thereof. In the event of a gross defeasance of the Bonds, the City shall deliver a certificate from its financial advisor, the Paying Agent/Registrar, or another qualified third party concerning the deposit of cash and/or Government Securities to pay, when due, the principal of, redemption premium (if any), and interest due on any defeased Bonds. Any money so deposited with the Paying Agent/Registrar, and all income from Government Securities held in trust by the Paying Agent/Registrar, or an authorized escrow agent, pursuant to this Section which is not required for the payment of the Bonds, or any principal amount(s) thereof, or interest thereon with respect to which such money has been so deposited shall be remitted to the City or deposited as directed by the City. Furthermore, any money held by the Paying Agent/Registrar for the payment of the principal of and interest on the Bonds and remaining unclaimed for a period of three (3) years after the Stated Maturity, or applicable redemption date, of the Bonds such money was deposited and is held in trust to pay shall upon the request of the City be remitted to the City against a written receipt therefor, subject to the unclaimed property laws of the State of Texas. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (1) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. SECTION 33. Ordinance a Contract; Amendments - Outstanding Bonds. The City acknowledges that the covenants and obligations of the City herein contained are a material inducement to the purchase of the Bonds. This Ordinance shall constitute a contract with the Holders from time to time, binding on the City and its successors and assigns, and it shall not be amended or repealed by the City so long as any Bond remains Outstanding except as permitted in this Section. The City may, without the consent of or notice to any Holders, from time to time and at any time, amend this Ordinance in any manner not detrimental to the interests of the Holders, including the curing of any ambiguity, inconsistency, or formal defect or omission herein. In addition, the City may, with the written consent of Holders holding a majority in aggregate principal amount of the Bonds then Outstanding affected thereby, amend, add to, or rescind any of the provisions of this Ordinance; provided that, without the consent of all Holders of Outstanding Bonds, no such amendment, addition, or rescission shall (1) extend the time or 79708404.8 -28- times of payment of the principal of and interest on the Bonds, reduce the principal amount thereof, the redemption price therefor, or the rate of interest thereon, or in any other way modify the terms of payment of the principal of or interest on the Bonds, (2) give any preference to any Bond over any other Bond, or (3) reduce the aggregate principal amount of Bonds required for consent to any such amendment, addition, or rescission. SECTION 34. Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to its being furnished a final opinion of Fulbright & Jaworski LLP, San Antonio, Texas, as Bond Counsel, approving certain legal matters as to the Bonds, this opinion to be dated and delivered as of the date of initial delivery and payment for such Bonds. Printing of a true and correct copy of this opinion on the reverse side of each of the Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City's Secretary is hereby approved and authorized. SECTION 35. CUSIP Numbers. CUSIP numbers may be printed or typed on the definitive Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the definitive Bonds shall be of no significance or effect as regards the legality thereof, and neither the City nor attorneys approving said Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the definitive Bonds. SECTION 36. Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. SECTION 37. Benefits of Ordinance Nothing in this Ordinance, expressed or implied, is intended or shall be construed to confer upon any person other than the City, Bond Counsel, Paying Agent/Registrar, the Purchasers, and the Holders, any right, remedy, or claim, legal or equitable, under or by reason of this Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and being for the sole and exclusive benefit of the City, Bond Counsel, Financial Advisors, the Paying Agent/Registrar, the Purchasers, and the Holders. SECTION 38. Inconsistent Provisions. All orders, ordinances, and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 39. Governing Law. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 40. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 41. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council. 79708404.8 - 29 - SECTION 42. Authorization of Paying Agent/Registrar Agreement. The City Council hereby finds and determines that it is in the best interest of the City to authorize the execution of a Paying Agent/Registrar Agreement concerning the payment, registration, exchange, and transferability of the Bonds. A copy of the Paying Agent/Registrar Agreement is attached hereto, in substantially final form, as Exhibit A and is incorporated by reference to the provisions of this Ordinance. SECTION 43. Public Meeting. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. below: SECTION 44. Continuing Disclosure of Information. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. The Bonds are being sold pursuant to a private placement with the Purchasers, in denominations generally of $100,000 or any integral multiple of $5,000 in excess thereof, and therefore SEC Rule 15c2-12 is not applicable to the offering of the Bonds. Accordingly, no contract to provide continuing disclosure information after the issuance of the Bonds has been made by the City with investors. SECTION 45. Book -Entry Only System. The Bonds may be registered so as to participate in a securities depository system (the DTC System) with The Depository Trust Company, New York, New York, or any successor entity thereto (DTC), as set forth herein. Each Stated Maturity of the Bonds shall be issued (following cancellation of the Initial Bond(s) described in Section 7) in the form of a separate single definitive Bond. Upon issuance, the ownership of each such Bond shall be registered in the name of Cede & Co., as the nominee of DTC, and all of the Outstanding Bonds shall be registered in the name of Cede & Co., as the nominee of DTC. The City and the Paying Agent/Registrar are authorized to execute, deliver, and take the actions set forth in such letters to or agreements with DTC as shall be necessary to effectuate the DTC System, including the Letter of Representations attached hereto as Exhibit C (the Representation Letter). With respect to the Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any broker-dealer, bank, or other financial institution for which DTC holds the Bonds from time to time as securities depository (a Depository Participant) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds (an Indirect Participant). Without limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have 79708404.8 -30- no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any Depository Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Depository Participant or any other person, other than a registered owner of the Bonds, as shown on the Security Register, of any notice with respect to the Bonds, including any notice of redemption, or (iii) the delivery to any Depository Participant or any Indirect Participant or any other Person, other than a Holder of a Bond, of any amount with respect to principal of, premium, if any, or interest on the Bonds. While in the DTC System, no person other than Cede & Co., or any successor thereto, as nominee for DTC, shall receive a bond certificate evidencing the obligation of the City to make payments of principal, premium, if any, and interest on the Bonds pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks or drafts being mailed to the Holder, the word "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. In the event that (a) the City determines that DTC is incapable of discharging its responsibilities described herein and in the Representation Letter, (b) the Representation Letter shall be terminated for any reason, or (c) DTC or the City determines that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the City shall notify the Paying Agent/Registrar, DTC, and the Depository Participants of the availability within a reasonable period of time through DTC of bond certificates, and the Bonds shall no longer be restricted to being registered in the name of Cede & Co., as nominee of DTC. At that time, the City may determine that the Bonds shall be registered in the name of and deposited with a successor depository operating a securities depository system, as may be acceptable to the City, or such depository's agent or designee, and if the City and the Paying Agent/Registrar do not select such alternate securities depository system then the Bonds may be registered in whatever name or names the Holders of Bonds transferring or exchanging the Bonds shall designate, in accordance with the provisions hereof. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 46. Further Procedures. The officers and employees of the City are hereby authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the initial sale and delivery of the Bonds, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Bonds, any Authorized Representative and Bond Counsel are hereby authorized and directed to approve any technical changes or corrections to this Ordinance or to any of the instruments authorized and approved by this Ordinance necessary in order to (i) correct any ambiguity or mistake or properly or more completely document the transactions contemplated and approved by this Ordinance and as described in the Official Statement, (ii) obtain a rating from any of the national bond rating agencies, or (iii) obtain the approval of the Bonds by the Texas Attorney General's office. In case 79708404.8 - 31 - any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. SECTION 47. Unavailability of Authorized Publication. If, because of the temporary or permanent suspension of any newspaper, journal, or other publication, or, for any reason, publication of notice cannot be made meeting any requirements herein established, any notice required to be published by the provisions of this Ordinance shall be given in such other manner and at such time or times as in the judgment of the City or of the Paying Agent/Registrar shall most effectively approximate such required publication and the giving of such notice in such manner shall for all purposes of this Ordinance be deemed to be in compliance with the requirements for publication thereof. SECTION 48. No Recourse Against City Officials. No recourse shall be had for the payment of principal of, premium, if any, or interest on any Bond or for any claim based thereon or on this Ordinance against any official of the City or any person executing any Bond. SECTION 49. Covenants of Compliance. The City shall faithfully and punctually perform all duties with reference to the System required by the Act, all other applicable laws of the State of Texas, and the provisions of this Ordinance and that the City shall render no free service to any customers or other persons. SECTION 50. Construction of Terms. If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number shall be considered to include the singular, and words of the masculine, feminine, or neuter gender shall be considered to include the other genders. SECTION 51. Accounting Reports. The City shall provide annually to the Purchasers for so long as the Purchasers remain a holder of the Bonds, within 270 days after the end of each fiscal year ending in or after 2015, financial information and operating data with respect to the City; provided that such financial statements so to be provided shall be (1) prepared in accordance with the generally accepted accounting principles, or such other accounting principles as the City may be required to employ from time to time pursuant to Texas law or regulations, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide (1) unaudited financial statements for the applicable fiscal year within 270 days after the end of such fiscal year, and (2) audited financial statements for the applicable fiscal year to the Purchasers when and if the audit report on such statements become available. SECTION 52. Effective Date. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. 79708404.8 [The remainder of this page intentionally left blank.] - 32 - PASSED AND ADOPTED on the 16th day of December, 2014. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 16th DAY OF DECEMBER, 2014: Miles Risley, City Attorney 79708404.8 S-1 THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 16th day of December, 2014, authorizing the issuance of the City's Marina System Revenue Bonds, Taxable Series 2015, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 16th day of December, 2014. 79708404.8 City Secretary (CITY SEAL) S-2 That the foregoing ordinance was read for the first time and passed to its second reading on this the 9th day of December, 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the 16th day of December, 2014, by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the 16th day of December, 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 79708404.8 S-3 INDEX TO EXHIBITS Exhibit A Exhibit B Exhibit C 79708404.8 Paying Agent/Registrar Agreement Purchase Contract DTC Letter of Representations Index 79708404.8 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A-1 79708404.8 EXHIBIT B Purchase Contract See Tab No. B-1 79708404.8 EXHIBIT C DTC Letter of Representations See Tab No. C-1 AGENDA MEMORANDUM First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: November 20, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager for Public Works & Utilities gustavogo@cctexas.com; 826-3897 THRU: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com; 826-1875 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com; 826-3504 Peter Davidson, Marina Superintendent Peterd@cctexas.com; 826-3983 Design — Build Agreement Pier R Replacement Corpus Christi Marina CAPTION: Ordinance appropriating $502,496 from a Texas Parks and Wildlife Department Grant for transient boat slips and $162,770 from a separate Texas Parks and Wildlife Department Grant for a wastewater pump out station in the No. 1058 Marina Grant Fund; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $665,266 each; and authorizing the City Manager, or designee, to execute a Design/Build agreement with Jacob White Construction Company of Friendswood, Texas in the amount of $3,208,065.32 for the Marina Pier R Replacement project for the total base bid only. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the Design — Build agreement with Jacob White Construction Co. of Friendswood, Texas in the amount of $3,208,065.32 for the Pier R Replacement project for the total base bid only. BACKGROUND AND FINDINGS: The existing R -Pier at the City Municipal Marina was constructed in 1982, and the dock is now in disrepair and is unsafe for its intended purposes. To facilitate repairs, on July 28, 2014, the City issued Request for Qualifications (RFQ) 2014-05 soliciting the qualifications and cost proposals of design -build teams consisting of licensed and insured consultants and marine contractors. The City's choice to utilize the design -build project delivery method to select the most qualified team to prepare design documents and project specifications in conjunction with the manufacturing and procurement of all the dock components is centered on the need to construct a very distinctive, complex, and fully -functional saltwater floating dock system. The Pier R Replacement has to address many extraordinary conditions including structural resistance to hurricane -force winds and tidal surges, contact within one of the most damaging marine corrosive environments in the US, and a fixed budget as approved by City Council. Additionally, this facility operates as an Enterprise Fund and must provide the amenities necessary to attract boaters to rent the individual slips such that the self - funding mechanism for the marina is effective. As per the RFQ, the design/build team would be responsible for preparing construction documents and project specifications; manufacture and procure dock components; remove existing piles; and construct the proposed 148 -slip saltwater floating dock system. Additionally, the design -build for the 148 slips will be inclusive of dockside utility services, gangways, walkways, finger piers, observation decks, security fencing and signage. The dockside utilities will include domestic water, shore power, individual slip electrical, fire protection, lighting and sewage pump -out system. The design -build team will also be responsible for all necessary governmental permits including acceptance by the Texas Department of Licensing and Regulation (TDLR) and assistance in obtaining the permit from the U.S. Army Corp of Engineers (USACE). The design -build team will also be responsible for the pre -design testing of any and all systems/sub- systems/utilities and other appurtenances required for the successful completion of the work. A total of 5 (five) design — build teams submitted qualifications on August 27, 2014. Three (3) teams were determined qualified and were shortlisted for further assessment. Each shortlisted respondent submitted a Technical Proposal and a Cost Proposal. Individually sealed Technical Proposals and Cost Proposals were received September 24, 2014. After Technical Proposals were opened and evaluated, the Cost Proposals were opened and evaluated. Presentations and Interviews were held October 2, 2014. The base bid consists of 118 boat slips located on Docks S, T and U. Additive Alternate 1 is for an additional 30 boat slips located on Dock R. The cost proposals submitted by the shortlisted teams are as follows: Design — Build Firm Base Bid Add Alt 1 Total Jacob White Construction Co. Friendswood TX $3,208,065.32 $489,520.00 $3,697,585.32 Russell Marine, LLC. Channelview TX $3,161,480.00 $675,745.00 $3,837,225.00 LNV, Inc. Corpus Christi TX $4,175,841.00 $618,287.00 $4,794,128.00 The firm of Jacob While Construction Company was chosen as the successful applicant based on qualifications and cost proposal submitted. ALTERNATIVES: 1. Authorize execution of the Design — Build contract. 2. Do not authorize execution of the Design - Build contract. (Not Recommended) OTHER CONSIDERATIONS: As allowed by the Government Code Chapter 2269 Contracting and Delivery Procedures for Construction Projects and more specifically Subchapter H Design -Build Procedures for Certain Civil Works Projects, in considering a construction contract using a method other than competitive bidding, the City "must, before advertising, determine which method provides the best value". The design -build approach focuses heavily on the qualifications of the design -builder and its key team members as well as price and subsequently selects design -build teams that have a demonstrated history of successfully collaborating on similar projects. Furthermore, the design -build procurement method uses a process that encourages the early participation of key trade constructors allowing the team to meet the City's need of identifying "hard" contract costs and budget ceilings in the first stages of project development. This early participation by the contractor establishes whether the target budgets will provide the essential solutions required. Due to budgetary limitations, the additive alternate for thirty additional boat slips will not be constructed at this time. It will be revisited for financial feasibility at a later date. CONFORMITY TO CITY POLICY: This contract conforms to City Fiscal Policy, the City's Charter and the FY 2014-2015 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Marina FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,306,381.32 $3,306,381.32 Encumbered / Expended Amount This item 3,208,065.32 3,208,065.32 Future Anticipated expenditures for this project 98,316.00 98,316.00 BALANCE 0 0 Fund(s): Marina Revenue Bond, Federal Grants, Marina Operating Fund RECOMMENDATION: City Staff recommends the approval of the Design — Build contract with Jacob White Construction Co. of Friendswood, Texas in the amount of $3,208,065.32 for the Pier R Replacement project for the total base bid only. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Grant Award Letters (2) Page 1 of 2 Ordinance appropriating $502,496 from a Texas Parks and Wildlife Department Grant for transient boat slips and $162,770 from a separate Texas Parks and Wildlife Department Grant for a wastewater pump out station in the No. 1058 Marina Grant Fund; changing the FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 to increase revenues and expenditures by $665,266 each; and authorizing the City Manager, or designee, to execute a Design/Build agreement with Jacob White Construction Company of Friendswood, Texas in the amount of $3,208,065.32 for the Marina Pier R Replacement project for the total base bid only. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $665,266 from two (2) Texas Parks and Wildlife Department grants is appropriated into the Marina Grant Fund No. 1058 for the approved Marina Pier R Replacement project. SECTION 2. The FY 2015 Capital Improvement Budget adopted by Ordinance No. 030303 is changed to increase revenues and expenditures by $665,266 each. SECTION 3. The City Manager or designee is authorized to execute a design/build contract with Jacob While Construction Company of Friendswood, Texas in the amount of $3,208,065.32 for the total base bid of the Marina Pier R Replacement project. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance to appropriate grants Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Ordinance to appropriate grants Nelda Martinez Mayor V AA Project Location PROJECT # E14061 LOCATION MAP NOT TO SCALE N Corpus Christi Marina Pier R Replacement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 PROJECT BUDGET Design - Build Services Pier R Replacment Corpus Christi Marina (Project # E14061) PROJECT FUNDS AVAILABLE: Marina Revenue Bond$ 2,600,000.00 US Fish and Wildlife Transient Grant............... ..... 502,400.00 US Fish and Wildlife Pump Out Grant.................. ....... ................... 162,770.00 Marina Operating Budget................................. ....... ..................... 41,211.32 TOTAL $ 3,306,381.32 FUNDS REQUIRED: Construction: Design Build Team (Jacob White Construction Company).................... Construction Materials Testing (Estimated).............................. ....... Construction Inspection (In -House) .................................................. 3,208,065.32 32,774.00 16,197.00 Design: Geotechnical Testing (Rock Engineering).......................................... 19,300.00 Equipment Rental (for obtaining testing samples) ............................... 8,000.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance)........ 8,095.00 Engineering Services (Project Mgmt, Construction Mgmt)..................... 12,950.00 Misc.......................................................................................... 1,000.00 TOTAL $ 3,306,381.32 ESTIMATED PROJECT BUDGET BALANCE.................................... $ TEXAS PARKS AND WILDLIFE DEPARTMENT BOATING INFRASTRUCTURE GRANT PROGRAM CONSTRUCTION AGREEMENT Project Number. Y -23•D Project Name: Corpus Christi Coopers Alley Transient Boat Slips Project Period: 06.10.2014 TO 0430.2017 Total Project Cost $785,150.00 Approved Federal Funds: $502,496.00 (75%) PROJECT SCOPE AND LOCATION: The City of Corpus Christi will construct 35 transient boat slips at Coopers Alley L -Head to serve visiting transient recreational boats over 26' in length in the City of Corpus Christi, Nueces County Texas. The project is funded by federal pass-through funds from the Boating Infrastructure Grant (BIG) Program to provide facilities for non-trailerable recreational boaters. This project is being funded with federal funds generated by recreational boaters. As such, charging a fee to utilize this facility is discouraged. If a fee is charged to utilize the boat docks, all revenue collected must be used to maintain and operate the boating access facility. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ("Department') and the City of Combs Christi ("Sponsor') hereby contract with respect to the above described project ("Project") as follows: 1. This Agreement is not effective until the Construction Agreement has been fully executed and no construction work shall commence by the Sponsor until this agreement is fully executed by both parties. 2. The Sponsor shall submit complete construction plans and specifications (including site map) for the Project to the Department for approval prior to any construction. The Sponsor agrees to construct the 'Project according to the approved plans and specifications. 3. Construction may not begin until the project has been cleared of impacts to natural and cultural resources. Once clearance is obtained, sponsor will be given written notice to proceed with construction assuming all other program conditions have been met. 4. All construction shall be in compliance with all laws and regulations duly adopted by governmental agencies of competent jurisdiction. 5. After completion and final payment by the Department, the Sponsor shall assume sole responsibility for facility operation including area surveillance, maintenance and repairs for a minimum of twenty years. 6. Local regulations may be adopted by the Sponsor pursuant to Parks Section 31.092 of the Parks and Wildlife Code. It is understood and agreed that the Sponsor shall not designate public water served by the Project as areas restricted from use by registered motorboats without Department approval. Violation of this covenant by the Sponsor shall require 100% reimbursement to the Department of the costs of the Project. 7. The Department will assist the Sponsor with only advisory assistance within its capabilities. 8. The Department will perform a completion and acceptance inspection. Progress inspections may be performed at the discretion of the Department. 9. The Sponsor will maintain adequate records to support all claims for reimbursement and submit to the Department copies of all expenditures to be charged against the Project. 10. Sponsor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Sponsor further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing all records requested. Sponsor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Sponsor and the requirement to cooperate is include in any subcontract it awards. 11. In the event the cost of construction is below the maximum amount authorized, the Sponsor may, at its discretion, include additional improvements or appurtenances on each designated site as long as the project total contract cost figures are not exceeded; provided, however, such improvements or appurtenances are first approved in writing by the Department. 12. Upon completion of a satisfactory acceptance inspection by the Department, the Sponsor will fumish the Department with a certificate of completion and the required cost records. The Department shall remit to the Sponsor the amount of approved State funds within reasonable time from the date the Department approves such documentation as adequate. 13. The Sponsor agrees to comply with U.S. Fish & Wildlife Service Division of Federal Aid Assurances and U.S. Department of Interior Civil Rights Assurance which are attached and made part of this Agreement. 14. The Sponsor agrees that an independent audit will be conducted in accordance with federal circular A-133 audit if federal funds exceed $500,000 in a fiscal year. Copies of the report will be furnished to the Department. 15. Sponsor agrees to maintain and operate the project so it is available to the public for a minimum of 20 years. TEXAS PARKS AND WILDLIFE DEPARTMENT Tim Hogsett. Director, Recreation Grants Branch Name and Title CITY OF CORPUS CHRISTI by 7 r ,cs6t SU Y7/ /it/C e// //'s1l- Nafne and Title c2, - //-fO/ Date STATE OF TEXAS COUNTY OF NUECES AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER COST PLUS FEE FOR A GUARANTEED MAXIMUM PRICE This AGREEMENT is made as of , 2014, by and between the following parties, for services in connection with the Project Identified below: OWNER: City of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469 DESIGN -BUILDER: Jacob White Construction Co. 2000 W. Parkwood, Suite 100 Friendswood, Texas 77546 PROJECT: Pier R Replacement Design -Build, Corpus Christi, Texas, RFQ No. 2014-05, Project ID No. E13144. In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder agree as set forth herein. ARTICLE 1 — SCOPE OF WORK AND FIXED PROJECT BUDGET 1.1 Design -Builder shall perform all design and construction services, and provide all material, equipment, tools and labor, necessary to complete the Work described in and reasonably inferable from the Contract Documents. There is a fixed project budget, of $3,208,065.32 ("Fixed Project Budget") for the Project, including contingencies, as described below. During the preconstruction phase and as the design of the Project progresses, the Owner, based on the information and professional services provided by the Design -Builder, may modify the Fixed Project Budget from time to time based on modifications in the design, the detailed statement of probable construction cost and identification of a source of funds. The Fixed Project Budget, as established by the Owner, will be the amount of funds which Owner, upon approval of City council, will have available for the payment of all costs for the Project, including the Cost of the Work and the Design -Builder's Fee for construction phase services. Following Schematic Design Services, the Owner will review and issue a Notice to E14061 Pier R Replacement Design -Build Page 1 of 11 Proceed for the remainder of the Design -Build services. The Guaranteed Maximum Price for all services and work will be $3,208,065.32. The scope of services upon which the Guaranteed Maximum Price will be based, is attached as Exhibit A to this Agreement and made a part hereof. At owner's request, optional/additive Phase II work for the design and construction of 30 boat slips may be administratively authorized under this agreement at any time during the life of the contract at the Guaranteed Maximum Price of $489,520.00. 1.2 Phases of Services and the Work. The services and the Work to be performed by or through the Design -Builder shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract. 1.3 Preconstruction Phase Services 1.3.1 As part of the Request for Qualifications documents for this Project, Design -Builder received the Owner's program requirements and objectives for the Project, and which is incorporated by reference herein. Design -Builder has provided to owner preliminary design specifications and an initial project schedule for the design and construction phases of the Project. 1.3.2 Schematic Design Documents. Design -Builder shall prepare Schematic Design Documents. The Design -Builder shall prepare schematic design options to meet architectural design program requirements for Owner's consideration. The Owner will review and approve the schematic design options to be developed for final Schematic Design Documents. The parties shall meet to discuss the Schematic Design Documents and agree upon what revisions, if any, should be made. Design -Builder shall perform such agreed-upon revisions. .1 As part of the Schematic Design Documents, the Design -Builder shall establish an architectural design program for Owner's review and approval In narrative form, describing major functional elements, space requirements and relationships between the elements, requirements within each space (environmental, acoustical, lighting, electrical, communications, cabinetry, security, etc.), site development requirements, code requirements, aesthetic requirements and other special considerations. Design -Builder shall include programming efforts such as reviewing existing building and site conditions, reviewing existing record documents, making measured drawings of existing construction as necessary, interviewing personnel, reviewing inventories of furniture, equipment and materials, attending meetings and taking other actions as necessary to establish the scope of the Project as dictated by the Owner's needs. 1.4 Quality Control Plan (QCP) 1.4.1 The Design -Builder agrees to perform quality assurance -quality control/ constructabillty reviews in accordance with the Design -Builder's approved Quality E14061 Pier R Replacement Design -Build Page 2 of 11 Control Plan (QCP), that is incorporated by reference and which includes any subsequent revisions approved by Owner. The QCP is to be submitted to the Owner for approval prior to the Owner's Issuance of a Notice to Proceed to the Design -Builder. In addition to providing the reports required by the QCP, the Design -Builder agrees to address any QCP comments from the Owner and provide resolution to the Owner's satisfaction. In the event the Owner retains a separate consultant to perform additional QCP services for the Owner, the Design -Builder will comply with the Professional Services Procurement Act to the extent applicable and the City's HUB Ordinance. Design -Builder will provide all necessary Information to the Owner, address any comments from the Owner's consultant, and provide resolution to the Owner's satisfaction. The Design -Builder shall include this language in all its subconsultant contracts to ensure subconsultants understand their responsibility for complying with the Owner's or Owner's consultant's QCP requirements. 1.4.2 The QCP reviews will be performed by a staff member of the Design -Builder not involved in day-to-day Project tasks. If the Design -Builder does not have the internal staff capacity to provide for this independent review, the Design -Builder must include a QCP subconsultant on the project team. The person performing the QCP reviews shall certify, seal and attest that the final construction bid documents have been drafted in full compliance with the QCP. 1.4.3 The Design -Builder will perform QCP reviews at intervals during the design phase, specified in the QCP, to ensure plans, specifications, and drawings satisfy accepted quality standards and meet the requirements of the project scope. Based on the findings of the QCP reviews, the Design -Builder must reconcile the project scope and budget as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. 1.4.4 The Design -Builder will perform constructability reviews, using persons with construction experience, at appropriate intervals, during the design phase, specified in the QCP to ensure that the project is buildable, as well as cost-effective, biddable, and maintainable. Based on the findings of the constructability reviews, the Design Builder shall redesign the project, as required, to conform to the Fixed Construction Budget. The Design -Builder will provide interim construction estimates to verify that the project is within the Fixed Construction Budget. 1.4.5 Acceptance and/or approval of the Design -Builder's QCP documentation by the Owner do not constitute a release of the responsibilities and liability of the Design -Builder for the accuracy and competency of its QCP reviews and final construction documents. ARTICLE 2 — CONTRACT DOCUMENTS 2.1 The Contract Documents are comprised of the following: 2.1.1 All written modifications, amendments and Change Orders to this Agreement issued in accordance with Article 11 of the General Conditions of Contract Between Owner and Design -Builder ("General Conditions of Contract"); E14061 Pier R Replacement Design -Build Page 3 of 11 2.1.2 Request for Qualifications NO. 2014-05 (including technical proposal and cost proposal submitted by Design -Builder) 2.1.3 This agreement, including all exhibits and attachments; 2.1.4 Written Supplemental General Conditions, if any, to the General Conditions of Contract; 2.1.5 The General Conditions of Contract; 2.1.6 Construction Documents prepared and approved in accordance with this Agreement, the Scope of Work and the General Conditions of Contract; 2.1.7 The following documents, if any: .1 the documents contained In the Project Manual and not otherwise specifically referenced above. .2 the Request for Qualifications Documents, specifically including the HUB requirements contained therein. .3 the Design -Builder's Response submittals to Request for Qualifications of Owner. ARTICLE 3 — INTERPRETATION AND INTENT 3.1 The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Contract Price. The Contract Documents are intended to be complementary and Interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in the General Conditions of Contract. 3.3 The Contract Documents form the entire agreement between Owner and Design Builder and by incorporation herein are as fully binding on the parties as if repeated herein. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. ARTICLE 4 — OWNERSHIP AND USE OF DOCUMENTS 4.1 All Project Drawings and Specifications and other work product ("Work Product") produced by the Design -Builder under this Agreement are the property of the Owner. The Design -Builder may not provide copies of the Work Product to third parties or otherwise use the Work Product covered by this subsection without the express prior written approval of the Owner. E14061 Pier R Replacement Design -Build Page 4 of 11 4.2 The Design -Builder agrees that the Work Product, which is to be delivered under thls Agreement, and which is to be paid for by the Owner, is subject to the rights of the Owner in effect on the date of this Agreement. These rights include the right to use, duplicate and disclose such items in whole or in part, in any manner and for whatever purpose, and to have others do so. The Design -Builder shall not copyright or otherwise claim Ownership of the Work Product covered by this subsection. The Design -Builder shall include appropriate provisions In its subconsultant contracts to achieve the purpose of this subsection. 4.3 All Work Product furnished by the Design -Builder is considered instruments of its services for this Project. It is understood that the Design -Builder does not represent the Work Product to be suitable for reuse on any other project or for any other purpose(s). If the Owner reuses the Work Product for another Project without the Design -Builder's specific written verification or adaptation, such reuse will be at the risk of the Owner, without liability to the Design -Builder. 4.4 If the Design -Builder is terminated under this Agreement, the Owner may continue the Project and Design -Builder shall deliver a complete set of the Drawings, Specifications, and other Work Product within fourteen (14) calendar days of the notice of termination in the format designated by the Owner. The Owner may have these documents completed, corrected, revised or added to by another design professional in accordance with Title 22, Chapter 137.33(1) of the Texas Administrative Code. 4.5 Record Documents. Design -Builder shall provide Owner one complete copy of the Work Product in electronic file formats (CD -R). Drawings shall be prepared with computer- aided design and drawing technology utilizing the Owner's CADD Standards, which will be provided to Design -Builder. The record documents shall refiect any changes (Field Order, Change Orders, Work Change Directives, etc.) made subsequent to the Owner's receipt of approved Construction Documents. Copies of the record documents that may be relied upon by Owner are limited to the printed copies that are signed and sealed by the Design -Builder's architect of record. Electronic files of record documents that are furnished by Design -Builder to Owner are only for the convenience of Owner. 4.6 Records Retention Policy and Access. Design -Builder shall retain copies of all Work Product, Record Documents and other Project records, including but not limited to acceptable accounting records, (the "Records") for a minimum of three (3) years from the date of final acceptance of the Work or such longer period of time as would be reasonably required in the event of any litigation arising out of or connected to the Project or this Agreement or as required by the terms of any applicable grant(s). Owner and any other regulatory entity with jurisdiction over the Project shall have reasonable access at all times to the Records for the purpose of making copies, excerpts, and transcriptions, and conducting audits and examinations. 4.6.1 Owner's Right to Audit. Owner shall have the right to perform audits on the Records and the Records of subcontractors and subconsultants in accordance with the General Conditions of the Contract. ARTICLE 5 — CONTRACT TIME E14061 Pier R Replacement Design -Build Page 5 of 11 5.1 Date of Commencement. The Work shall commence within five (5) days of Design Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.1.1 Phases of Services and the Work. The services and the Work to be performed by or through the Design -Builder shall be divided into the Preconstruction Phase and the Construction Phase. The Work to be performed under the Construction Phase may commence before the Preconstruction Phase is completed. However, no Work shall commence under the Construction Phase until a Notice to Proceed with regard to such Work has been issued by the Owner in accordance with the terms of the Contract. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work shall be accomplished no later than 200 calendar days from written Notice to Proceed with Design Phase Services, which date shall be the "Scheduled Substantial Completion Date". 5.2.2 Interim milestones and/or Partial Substantial Completion of identified portions of the Work shall be achieved as follows: .1 Interim milestones and/or Partial Substantial Completion dates for portions of the Work, if any, are determined and agreed upon as part of the Schematic Design services. 5.2.3 Final Completion of the Work or identified portions, and resolution of all unresolved Claims of the Work shall be achieved no later than 7 calendar days following Scheduled Substantial Completion Date. 5.2.4 The Scheduled Substantial Completion Date set forth in this Article 5 ("Contract Time(s)") shall be subject to adjustment in accordance with the General Conditions of Contract. 5.3 Time is of the Essence. Owner and Design -Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. 5.4 Liquidated Damages. 5.4.1 Design -Builder understands that if Substantial Completion is not attained by the Scheduled Substantial Completion Date, Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not attained by the Scheduled Substantial Completion (the "LD Date"), Design -Builder shall pay Owner six hundred eighty dollars and zero cents ($680.00) as liquidated damages for each day that Substantial Completion extends beyond the LD Date. 5.4.2 In addition, if Final Completion is not attained by 7 calendar days following Scheduled Substantial Completion Date ("Final Completion Liquidated Damages Date"), Design -Builder will pay Owner six hundred eighty dollars and zero cents ($680.00) as Liquidated Damages for each day Final Completion extends beyond the Final Completion Liquidated Damages Date. E14061 Pier R Replacement Design -Build Page 6 of 11 5.4.3 Owner reserves the right to either liquidated damages provided herein or actual damages. Actual damages include, but are not limited to, any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion or Final Completion. 5.4.4 To the extent that the parties enter into a Work Authorization Amendment for a portion of the Work (a Work Package for less than the entire scope of the Work), the parties may agree therein to a required Substantial Completion Date for such portion of the Work and separate Liquidated Damages for the Design -Builder's failure to achieve Substantial Completion of such portion of the Work within the Contract Time Requirements provided therein. The Liquidated Damages set out in a Work Authorization Agreement for a portion of the Work shall be in an amount which bears the same ratio to the Liquidated Damages for the entire Work's Fixed Construction Budget, as set forth above, as the estimated Cost of the Work of that Work Package (as reflected in the GMP Proposal) bears to the Fixed Construction Budget. The total value of liquidated damages set out in a Work Package will, upon Substantial Completion of that Work Package, proportionately reduce the overall total liquidated damages that could be assessed by the Owner for the entire Work. 5.4.5 Notwithstanding anything to the contrary contained herein, the maximum amount of Liquidated Damages that may be assessed against and paid by Design - Builder shall not exceed in the aggregate the amount of the sum of the Design - Builder's Preconstruction Phase Fee and the Design -Builder's Construction Phase Fee as set forth below, prior to any adjustment as authorized by the Contract Documents. This maximum amount of liquidated damages shall not apply to the amount of delay damages recoverable by the Owner In an action brought against the Design -Builder for delay in achieving Substantial Completion as required herein In the event that the Liquidated Damages are held by the applicable court or arbitration panel to be unenforceable as a penalty, except where the Liquidated Damages are held to be unenforceable as a result of a legal challenge in such action by the Owner. 5.5 Warranty Period. The warranty period will commence on the date of Substantial Completion of the entire Project and continue for one calendar year thereafter. Design - Builder's general warranty and guarantee obligations are set out in the General Conditions of the Contract. ARTICLE 6 — Contract Price 6.1 Any additional compensation that may be required by reason of Owner requested changes to previously approved Work Product or Owner requested increases in scope of Project, if allowed, shall be executed as a Change Order to this Agreement in accordance with the applicable provisions of the General Conditions, provided, however, that the correction of previously approved Work Product, which is in error or omission, or to correct deficiencies in Work, will not be eligible for additional compensation. 6.2 Payments for Schematic Design Phase and Professional Services shall be made monthly in proportion to services performed within each Phase of services, on the basis set forth in Articles 1 and 7, respectively E14061 Pier R Replacement Design -Build Page 7 of 11 ARTICLE 7 — PROCEDURE FOR PAYMENT 7.1 Progress Payments 7.1.1 Design -Builder shall submit applications for Progress Payments to Owner no more than once a month and in accordance with Article 15 of the General Conditions of Contract. 7.1.2 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with Article 15 of the General Conditions of Contract. 7.2 Retainage on Progress Payments 7.2.1 Owner will retain five percent (5%) of the construction cost component of each Application for Payment until final payment. 7.2.2 If the Work is near completion and delay occurs due to no fault or neglect of Design -Builder, Owner may pay a portion of the retained amount to Design -Builder. 7.3 Record Keeping and Financial Controls. Design -Builder acknowledges that this Agreement is to be administered on an "open book" arrangement relative to Costs of the Work and all other amounts included in the Contract Price. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems In accordance with generally accepted accounting principles and as may be provided in the Contract Documents. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants and other designees shall be afforded reasonable access from time to time, to audit in accordance with General Conditions of the Contract. ARTICLE 8 — TERMINATION FOR CONVENIENCE 8.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design - Builder for the following: 8.1.1 All Work executed and for proven loss, cost or expense in connection with the Work; 8.1.2 The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; 8.1.3 The Design -Builder's Fee only on the sum of items .1 and .2 above. No overhead, profit, or Design -Builder's Fee will be paid on unperformed work. Page 8 of 11 E14061 Pier R Replacement Design -Build 8.2 If Owner terminates this Agreement pursuant to Section 8.1 above and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work Product shall be as set forth in Article 4. 8.3 Termination by Owner. Article 16 of the General Conditions includes additional provisions for Termination by Owner, which are incorporated herein by reference. ARTICLE 9 — REPRESENTATIVES OF THE DESIGN -BUILDER 9.1 Design -Builder designates the individual listed below as its Senior Representative ("DesIgn-Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under the General Conditions of Contract: Identify individual's name, title, address and telephone numbers. Selo ¥t',e�_ 2000 e�5wocx0 1?546 9.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in the General Conditions of Contract: Identify individual's name, title, address and telephone numbers. 5e 4 r1 r f'Lit Foao 11) •PorJetcced F el" rA, 1754 6 (y%)) 5)o -SOW ARTICLE 10 — BONDS AND INSURANCE 10.1 Insurance. Design -Builder shall procure the following insurance coverages: The specific insurance coverage requirements applicable to this Project are set forth in Exhibit C of RFQ 2014-05. 10.2 Bonds and Other Performance Security. Design -Builder shall provide the following performance bond and labor and material payment bond or other performance security: E14061 Pier R Replacement Design -Build Page 9 of 11 The specific bond coverage requirements applicable to this Project as set forth in the General Conditions and the Supplemental General Conditions. Design -Builder must provide the bonds at the time of contract execution. Additional requirements regarding such bonds not in conflict herewith are as set forth in the General Conditions and the Supplemental General Conditions. Design -Builder shall keep the Surety Informed of the progress of the Work, and, where necessary, obtain the Surety's consent to and waiver of: (1) notice of changes in the Work; (2) request for reduction or release of retention; (3) request for final payment; and (4) any other material change required by the Surety. Owner may, in its sole discretion, inform the Surety of the progress of the Work and obtain consents as necessary to protect Owner 's rights, interest, privileges, and benefits under and pursuant to any bond issued in connection with the Work ARTICLE 11 — OTHER PROVISIONS 11.1 In providing services hereunder, Design -Builder shall comply with the applicable provisions of Chapter 1001 of the Texas Occupations Code: the Texas Engineering Practices Act, and Article 249a of Vernon's Texas Civil Statutes with respect to the practice of architecture, and the purchasing requirements of Section 361.426 of the Texas Health and Safety Code. 11.2 Nothing in this Agreement is intended to or shall be construed to create any independent legal or contractual relationship between Owner and Design -Builder's Design Consultant. 11.3 At Owner's sole option, any items of personal property, which have been purchased in connection with the performance of the Work, which still have some use for their intended purpose and which are otherwise transferable, specifically including but not limited to any office equipment, computer hardware and computer software, shall be provided to Owner upon final completion of the Work or, as applicable, completion of the Warranty Period. 11.4 The Design -Builder covenants with Owner to furnish its best skill and judgment in the management of the Project, to furnish efficient business administration and superintendence, to use its best efforts to furnish at all times an adequate supply of skilled workers and material and to perform the Work in the best way and in the most expeditious and economical manner consistent with the intent of the Project, provided that Design -Builder shall at all times exercise complete control over the means, methods and techniques of construction. In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein OWNER: DESIGN -BUILDER: CITY OF CORPUS CHRISTI Jacob White Construction Co. E14061 Pier R Replacement Design -Build Page10of11 11/21/2014 Natasha Fudge, P.E Date Jeff kill/7) Date Acting Director Capita! Programs President 2000 West Parkwood Friendswood, Texas 77546 (361) 286-6666 sean@jacobwhitecc.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST Rebecca Huerta, City Secretary Fund Name Accounting Unit Account No. Activity No Amount Marina Grant 1058-121 550910 E140610011058EXP $502,496.00 Marina Grant 1058-121 550910 E140610011058EXP $162,770.00 Marina Debt 3234-121 550910 E140610013234EXP $2_,542,799.32 Total $3,208,065.32 Encumbrance No. E14061 Pier R Replacement Design -Build Page 11 of 11 RFCINO. 2014-05 PIER R REPt.ACEMENT JacobWhite CONSTRUCTION COMPANY City of Corpus Christi City Secretary's Office 1" FioorCity Hail 1201 Leopard Street Corpus Christi, TX 78401 Protect Approach and Management Plan • We feel our team is in essence a well-oiled machine. We have worked with each other time and time and again and intend on using this same philosophy for the purposes of this protect. Knowing a subcontractor's strengths and weaknesses allow us to predict if a schedule is truly attainable and where pitfalls may occur. Mast general contractors shop by lowest price. We believe in potentlaiiy paying a small amount more to gain a large amount more. They say a chain is only as good as its weakest link and at Jacob White, we believe our subcontractor selection makes up a large part of who we are. On the rare occasion when we are in a crunch for time or money, we can depend on those who we take care of to take care of us, whether that incorporates better pricing or more crews an nights or weekends. This being said, we fees the schedule for this project is more than attainable with proper pre -planning and contractor commitments. • A portion of our business Is the design, development, construction, and management of our own office, Industrial, and medical properties. This being the case, our concept is simple. Do it right and do It once. Understanding the Impact that warranty calls have on total jab cost is critical to being committed to high quality construction and design excellence. We not only hold ourselves in high regard from a very preliminary stage of construction but throughout the project and post-deilvery. Simply stated, we believe in the taw of primacy when It comes to setting the tone for the remainder of the project. The team we have (and are in the process) of assembling are all committed to design and engineering excellence. These vendors all build institutional quality properties alongside us on a daily basis. • Our team believes in haiding others accountable by meeting on site a minimum of once a week with upper management of subcontractors, owners, and any third parties required. These meetings prove to be extremely productive in holding each and every person accountable. Meeting notes and summaries are conducted, distributed, and placed back into the project schedule as required. It's a simple way of holding everyone accountable throughout the duration of the protect. • Our workload Is typically very steady with projects always beginning and ending. This project In particulariy begins at a great time as our team off of the Sea Scout project would be transitioning straight on to the management of this'RFQ. Our subcontract base is comprised of a few union shops which allow us to pull as many dedicated hands as needed. In the event this EXHIBIT "A" Page 1 of 15 RFQ NO. 2014-05 PIER R REPLACEMENT project Is delayed, we will still be able to transition qualified management personnel to the dock construction. • Mast team members are fluent In AutoCAD, Microsoft products, construction scheduling, and project management software (or a combination of the above at a minimum). All project managers and field superintendents are equipped with !Pads and (Phones that are able to login straight to project folders to look at prints, develop RR's , issue submittals, or adjust schedules as required. • As a design bulid firm, value engineering Is an everyday task for us. We enjoy helping owners and owner's reps understand where cost are and more Importantly, how cost can be reduced. Some inherent advantages of Timber Floating docks compared to other dock systems are: • Timber floating docks are lighter than concrete systems and do not require the use of cranes during • Although lighter in weight the strength of the box beam system and the unique connection of the finger piers to the main walk, allows for up to a 40'f inger length without the need of a support pile at the end of the finger. • if damaged by storm or errant boater, the timber system can be repaired more easily than concrete systems and M many cases, the work can be performed by site personnel. There is a wider variety of decking available with the woad system, including concrete dedk pans (with o choke offinishes), inlshes), composite decking, hardwood decking (IPE, Grappa, eta), and even spedally treated timber. • The installation of utilities Is for easier on a tknber dock. Nearly the entire width of the main walk Is available far utilities. The bottom shear panel creates o safe walking surface for utility installers. The utlltles con then be easily accessed In the future for inspections or repairs. • Given the protect needs, goals, and budget Jacob White Construction Ca and Atfontk Meeco are recommending Concrete orSteel Piles. At this time we reflect a prix for conaete piles In our prke. • Our quality control plan bolls down to four main prfndpies: We plan, we do, we check and most hnportontly, we act. Our team of management professionals understand the importance of small details having a large Impact EXHIBIT "A" Page 2 of 15 Atlantic Meeco THE MARINA COMPANY The Atlantic System Design Specifications For City of Corpus Christi, Texas Materials All materials for this construction shall conform to the following specification and shall be from an acceptable source of materials from which tests and service records arc available. In the event test and service records are not available, the materials shall be subjected to such tests as arc necessary to determine acceptability for use in the work. Float Shell Shall be n one-piccc rotationally molded shell, made from tinier low density polyethylene, pigmented block for maximum resistance to ultraviolet degradation. Shell shall have a nominal wall thickness of 0.150" and shall have a minimum of six mounting slots. Material shall conform to ASTM D732, D1822, D638, D1248 and D1043. Flotation units shall be secured to the dock structure by 3/8" x 3" hex -head lag screws. Fount Core Float shell shall be filled with expanded in place polystyrene of .9 to I .i pound per cubic foot density and have a water absorption less than 3% by volume. Material shall conform to ASTM C272. Glue Laminated Timber Structural Glue Laminated Timber shall be in conformance with Voluntary Product Standard PS 56. Trrrciural Glue Laminated Thither And The Inspection Neutral, The American institute of Timber Construction, AITC 200. All adhesives for structural laminated wood shall be for wood use under exterior (wet use) exposure conditions as per ASTM D2559. Appearance of members shall be Architectural Grade V8, rated F25. All members shall be pressure preservative treated to 0.6 PCP Pentachlorophenol per A\VPA standard C28 with no incising for appearance. All cuts and drill holes of treated malarial shall be field treated by conlmctor in accordance with AWI'A M4. Decking I?xposed Aggregate Concrete Decking Mainwalks, hcadpicrs and fingers 5/8ths Inch exposed aggregate finish with 2' x 3' x i h" thick removable panels. Natural earth tones, durable allowing ready access to utilities. 28 day strength of 5,000 psi with internal galvanized reinforcement, added strength, added safety Decking shall be installed with special pan tape caulking between the support member and the concrntc panel. 15el leg &hith ewe • AltAkskg Whim PS4411JVl • Aye 91,1411,011 • Sekrfu91dWIJ.J11S EXHIBIT "A" Page 3 of 15 Pan spacers specifically designed by Atlantic Mecca to kap pans aligned and prevent movement over a period of yearn. After installation, the height variation between panels shall not exceed 0.25" in accordance to Federal Register Vol. 56, No. 144 figure 7. Composite Decking For patios near marginal walk and 4' x 4' comcrwalks. Manufactured by Moisture shield Wood Polymer composite wood, 2" x 6", low maintenance, long life. Recycled wood and plastics, environmentally sound Attached with Stainless Steel Screws. Treated Southern Yellow Pine Sidwood Bumpering Lumber shall be 2" x 6" (nominal) Southern Pine Graded No. 1 S4S, conforming in all specs to Southern Pine Inspection Bureau as applicable. All lumber and deck timbers shall be given preservative treatment and shall bear the quality shark of AWPA. Preservation retention shall be 0.4# CF minimum. Sidewood shall be attached to the timber structure using 5/16ths x 2 114:" flat head, Type , self tapping screws coated with .005 zinc -yellow dichromate and three coats of Mangi 599 or equal. Plywood Plywood shall be 314" CCX .60 PCF CCA stamped FDN per AWPB Standard and AWPA C9. All exposed plywood edges shall be sealed with waterproof coating Shq/1-lac or approved equal. End grain coating to be done according to Industry standards. Aluminum, &eel and Stainless Steel Aluminum shall be marine grade series in all cases. All steel shall be minimal thickness of 114" to ASTM Standard A36. Steel fasteners other than stainless steel shall be hot -dipped galvanized after fabrication as per ASTM Standard 153. All bolts, and clip angles are per ASTM Standard A307. Deck Fasteners shall be 304 Stainless Steel Screws. AH other fasteners shall be hot -dipped galvanized per ASTM Standard 153. Cleats shall be cast Aluminum sized according to the size of the berthed vessel. Epoxy Resins and Hardeners Bottom skin plywood shall be glued to wafers, transverse members or transverse nailer boards using a waterproof thermosetting resin adhesive. Additionally, all glue laminated timber splice blocks shall be field glued using the same thermosetting resin adhesive, Epotuf® or approved equal. Performance Atlantic-Meeco shall submit a complete set of shop drawings and calculations for approval by Buyer. Dead Load Freeboard Freeboard under dead load only shall not be less than 20 inches nor exceed 24 inches. Dead Toad shall consist of the float system including decking, hardware and utilities. IS01 fat kArreau • deal sh albbaroa it91 4W • &as flMt14I • Msha f1&12*$1Is EXHIBIT "A" Page 4 o115 Live Load The float system shall be capable of supporting a uniformly distributed live load of 30 lbs./sq. ft. with a freeboard of not less than 9 inches. Execution All work shall be performed in a workmani like manner and all workmanship shall be of the highest quality. Float Spacing Flotation units shall be spaced to provide an optimum balance between stability, deck support, and clean water circulation. Structure Headwalk structures shall be made into prefabricated modules from glue laminated waler beams. Beams shall be secured at external corners and at every transverse timber member with a galvanized steel clip and bolts. A plywood shear panel shall be glued and nailed to the transverse and longitudinal members. Transverse members shall be 3 1/8" x 4 1/2" glu-lam timbers. Supported on top of the transverse members shall be 3 1/8" x 411Z" longitudinal glu-Ism timbers secured by lag bolts to the transverse members. Structures shall be connected utilizing glue laminated timber splice blocks that are glued in place and through bolted. Finger piers shall be as detailed in the plans. Minimum Edge DWances Edge distances for bolt holes in steel members shall be in accordance with the Manna! of Steel Construction, and for bolt holes in timber members, edge distances shall be in accordance with the Western Wood Use Book. Edge distances shall apply to the basic structure, not to mooring cleats, on which the primary component of force is vertical, not lateral. Rub Strip Unless otherwise specified, rub strip shall be continuous throughout the bathing area of the dock. Rub strip shall be fastened with stainless steel staples. Pile Guides We recommend that pile guides be Internal on the finger pier ends, and along the side ties. Ail pile guides will have a welded steel frame and shall conform to the specified steel piling diameter. Pile guides shall be sized to allow venical movement of the floating structure. Pile guides shall be designed to protect the system from damage due to movement and changes in water conditions and elevations. Mooring Hardware Cleats shall be sized according to size of berthed vessel. They shall be through bolted with malleable washers per hardware standards. Cleats shall not be lagged. 1fMfh+ifAsakAzear » ildiwr4 thkettal401 • PirrsPt U7$41 • 5derntrigelEIS EXHIBIT "A" Page 5 of 15 Atlantic = Meeco IIIE MARINA COMPANY Corpus Christi Marina Wood Dock System Advantages Some inherent advantages of Timber Floating docks compared to other dock systems are: • Timber floating docks are lighter than concrete systems and do not require the use of cranes during the instaliation process • Although lighter in weight the strength of the box beam system and the unique connection of the Finger piers to the mainwaik, allows for up to a 40' finger length without the need of a support pile at the endo[ the finger. • if damaged by storm or errant boater, the timber system can be repaired more easily than concrete systems and in many cases, the work can be performed by site personnel. • There is a wider variety of decking available with the wood system, Including concrete deck pans (with a choice of finishes), composite decking, hardwood decking (iPE, Grappa, etc), and even spedaliy treated timber. • The instaiiatlon of utilities is far easier on a timber dock. Nearly the entire width of the mainwaik is available for utilities. The bottom shear panel creates a safe waiking surface for utility installers. The utilities can then be easily accessed in the future for inspections or repairs. • The system is both flexible and strong, unique in both design and esthetics. • Strong, safe, long life, maintainable, repairable, beautiful. All in ali, the best investment for the dollar spent. 15Ol twjlkmkiienrr • Ak key O1iJ 1/Y411JO1 • Aare 91117J6W • Sok 5tar lldU2l3115 EXHIBIT "A" Page 6of'15 Corpus Ch sti Capital Programs MEMORANDUM OF ADDITIONAL ASSESSMENT Request for Qualifications (RFQ) No. 2014-05 Design -Build Services for the Pler R Replacement Corpus Christi Municipal Marina, Corpus Christi, TX TO: Short -Listed Respondents FROM: Valerie H. Gray, P.E. — interim Executive Director of Public Works DATE: September 12, 2014 SUBJECT: REQUEST FOR STEP 3-TECHNICILL PROPOSAL AND COST PROPOSAL as a part of RFQ No. 2014-05 SECTION IV. EVALUATION AND SELECTION OF DESIGN -BUIL] FIRMS Based on the City's evaluation of the submitted SOQ's requested In RFQ 2014-05, the Clty has qualified the following Respondents, listed alphabetically, for further assessment: • Jacob White Construction Company ■ LNV, Inc. ■ Russeii Marine, LLC Each Respondent listed above is requested to submit a Technical Proposal, specific to the project requirements included herein, and a corresponding Cost Proposal in accordance with the terms and conditions included herein. Detailed instruction for preparing bath the Technical Proposal and Cost Proposal Is provided herein, including a description of the format and level of completeness. Shartlisted respondents will NOT be paid a fee. reimbursement or allowance for the Preparation of the Technical Proposal or Cost Proposal. The following special Instructions shall apply: • Interested Respondents shall submit four (4J hardcopies of both their Technical Propose; and Cost Proposal The Technical Proposal and Cost Proposal will be individually sealed and delivered to the City at the time and place speciiled herein. In accordance with Sec. 2269.361 of the Government Code, the City shaii first open, evaluate and score each responsive Technical Praposai. The City shaii EXHIBIT "A" Page T of 15 subsequentiy open, evacuate, and scare the Cost Proposal. Points wHi be assigned equal to the weighting as identified In RFQ NO. 2014.05. • Respondents shall submit the Technical Proposal and Cost Proposai in individually sealed envelopes/boxes (Identlfled spectflcally as either the Technical Proposal or the Cost Proposai) and marked "RFQ NO. 2014.05, OESIGN-BUILO SERVICES FOR THE PIER R REPLACEMENT, CORPUS CHR5T1 MARINA — DEVELOPMENTOF DOCKS R, 5, T & U". • Technkai Proposals and Cost Proposals must be physically received and time -stamped in the City Secretary's Office, l" Floor, City Hail, 1201 Leopard Street, Corpus Christi, Texas 78401 by 2:00 p.rn. Wednesday, September 24, 2014. No Technical Proposal or Cost Proposal wili be accepted after this date and time. • No matter which method of delivery a Respondent chooses (United States Postal Service, courier, hand delivery, or other) to submit their proposals, It IS the Respondent's responsibility to ensure that each is actually received and time -stamped In the City Secretary's Office, 1st Floor, City Hall by the deadline specified above. • As per Sec. 2269.364 of the Government Code, the Respondent retains ail rights to the work product submitted in the Technlcai Proposal and Cost Proposal. The City may not release or disclose to any person, lnciuding the successful design-bulid team, the work product contained In an unsuccessful proposal. The City shaii return ail copies of the proposal and other information submitted to ALL unsuccessfui Respondents. • The City will not be bound under any agreement until the City Manager or designee signs the contract (and, In addition, only uniess the person authorized to bind the Respondent actually signs the contract). Natasha Fudge, P.E, Acting Director of Capital Programs at (361) 826.3500, 1201 Leopard Street, 31° Floor City Hail, Corpus Christi, TX 78401 is the Independent Represenletive For Procurement for this project. e H. Gray, .E. Executive Dire tar of Public Works Copy: Natasha Fudge, P.E., Acting Director of Capital Programs, City of Corpus Christi, TX Attached: 1) Request for Technics; Proposal and Cost Proposal 2) Exhibit 1- Concept Reference Drawings (3 Sheets) 3) Exhibit 2 - Approved United States Corps of Engineers' Letter of Permission EXHIBIT "A" Page 8 of 15 Request for Technical Proposal and Cost Proposal RFQ No. 2014-05 Design -Build Services for the Pier R Replacement Corpus Christi Municipal Marina, Corpus Christi, TX GENERAL As a continuation of RFQ NO. 2014-05, the City of Corpus Christi (thy) is requesting &Techhnical Proposal and a Cost Proposal from the short -fisted design -build teams that were seiected for further assessment. The short-iisted design -build teams were selected on the basis that each are capable of implementing the activities assodated with the removal of the plies for the existing 106 boat slip Pier R, the design and preparation of construction documents, and the replacement construction of a 148 boat slip saltwater floating dock attached to the Cooper's Ailey L -Head at the City's Munidpai Marina. The City's purpose for obtaining a Technical Proposal and Cost Proposal 1s to assist In selecting the most qualified design -build team to prepare construction documents and project specifications; manufacture and procure dock components; remove existing plies; and construct the proposed 148 -slip saltwater floating dock system. Ail construction documents and foedfications must be sgg!g f and srengp IN an eneineer licensed in the State of Texas. Additionaiiy, the design -build for the 148 siips will be inclusive of dockside utility services, gangways, walkways, finger piers, observation decks, security fencing and signage. The dockside utilities will Include domestic water, shore power, Individual slip electrical, fire protection, lighting and sewage pump -out system. The design-bulld team will also be responsible for all necessary governmental permits including acceptance by the qty of Corpus Christi and the Texas Department of licensing and Regulation (TDLR). See attached, the approved U.S. Corps of Engineers permit. The design-bulid team will also be responsible for the pre -design testing of any and ail systems/sub-systems/utilities and other appurtenances required for the successful design and construction completion. The intent of the City Is to be under contract by the end of 2014 and construction to be complete such that the dock is fully-operatlonai by late Spring 2015. The project budget, as approved by the City Coundl for ail design -build costs, geotechnical investigations, contingencies, construction inspection services, construction materiaai testing, contract administration, finance fees and miscellaneous costs is fixed as follows; Marina Revenue Bonds 82,600,000 USFW Transient Grant $ 502,496 USFW Sewing Puma)uLGrant S 137.000 Total Funds Available $3,239,496 Subsequent to receipt of the Technical Proposals and Cost Proposals, a mandatory Presentation and Interview will be scheduled. The Presentation must be led by the proposed Project Manager, with supporting participation by key team members. Each Respondent will have up to twenty -rive (25) minutes far a Presentation and the interview (Q&A) will be no longer than thirty (30) minutes. Five (5) minutes will be allowed at the end for Closing Remarks. The total combined time for the Presentation, Interview and Closing Remarks Is sixty (60) minutes. Presentation must address: EXHIBIT "A" Page 9 of 15 • Design -Build Team Qualifications and Experience • Technical Proposal • Cost Proposai • Ability to Complete Tasks On Time • Advantageous Key Team Differences • Point Weighting as per RFQ 2014-05 Following the Presentation, the interview shali also be led by the proposed Project Manager, with supporting participation by key team members. Pre -selected questions will be asked, after which the City may ask additional follow-up questions and questions seeking clarification of responses. All questions will be administered and answered orally. The City may ask up to 20 questions subject to the availability of time.. Requests for special accommodations must be made in writing a minimum of era) days prior to the interview. The City will provide all reasonable accommodations to the extent possible. Questions Wilmot be provided In advance. TECHNICAL. PROPOSAL. CRITERIA Note: The Texas Coastal Bend region (which includes the Carpus Christi Marina) comes Into contact with some of the most damaging marine corrosion environment in the United States. "Aqueous Corrosion" describes the majority of the problems encountered through contact with the saltwater but "Atmospheric Corrosion" should also be recognized as challenging. This natural occurrence mutt by considered and discussed in all aspects of short term and lona term constrpctobility and ooeratlanol maintenance. Technical Proposal 115 Points) Each Technical Proposal will address, at a minimum: • Project approach (work plan) • Management approach to meet proposed schedule • Quality Control Plan • Environmental Management/Protection Plan • Identification of project risks and a Risk Remediation Plan • Detailed PmJect Schedule - CPM -like project schedule for ail work tasks • Warranty period for five 15) years far docks, anchorage systems, subsystems, attachments and ancillary (cabling and piping) equipment • Engineering design to include of the foibwing: a. Type of structural system for the proposed floating docks with consideration for: I. Steel plles vs. H. Wood plies vs. iii. Concrete piles vs. Iv. Fiberglass/Synthetic/Composite pees b. Type of dock walkway and surface decking I. Wood (identify specie) II. Concrete Qi. Durability vs. Constructablilty EXHIBIT "A" Page 10 of 15 • Respondent accepts ail of the terms and condhlons of the RF4 2814-05. Including those dealing with required Bonds. The costs will remain subject to acceptance for 90 days after the opening of the Cost Proposal. ■ Respondent will accept a provision of the Agreement as to liquidated damages (Including loss of revenue from the slips not being available for leasing) in the event of its failure to complete the work In accordance with the schedule set forth in the Agreement. • Respondent acknowledges receipt of the following Addenda: MINg: Addendum Date Si=nature Am immeledgfng Receipt 1 4> ` 13 -Ill 5M144----- _ RESPONDENT'S REPRESENTATIONS ■ The Respondent has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress and performance of the Work. ▪ The Respondent Is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work. ■ The Respondent has considered the: a. Information known to Respondent; b. Information commonly known to contractors doing business in the locality of the Site; c. information and observations obtained from visits to the Site. • The Respondent has considered the Items Identified in the Technical Proposal with respect to the effect of such information, observations and documents on: a. The cost, progress and performance of the Work; b. The means, methods, techneques, sequences, and procedures of construction to be employed by Respondent; and c. Respondent's safety precautions and programs. ■ Based on the information and observations referred to in the preceding paragraphs, Respondent agrees that no further examinations, investigations or data are necessary for the performance of the Work at the price induded herein and within the protect schedule provided. • The Information provided Is generally sufficient to indicate and convey understanding of ail terms and conditions for performance and furnishing of the Work. • Respondents' entry Into a contract constitutes an Incontrovertible representation by Respondent that, without exception, ail prices In the BASIS OF BiD herein are premised upon performing and furnishing the Work required by the Technical Proposal, Paye {i of 8 EXHIBIT "A" Page 11of15 ■ Sewage pump -out system • Best practices for a corrosion resistant facility • Electrical infrastructure needs for the marina slips and common area power • Conceptuai engineering shown on 11"x 17" drawings may be provided to represent both the Technical Proposal and the basis for the Cost Proposal. if provided, these drawings should consider the following: a. Cover Sheet b. Genera; Notes, Legend and Abbreviations c. Existing Conditions—Site Photos d. Overall Dock Pian -1 (attached) e. Overall Dock Man— 2 (attached) f. Water level Elevations (attached) g. Plan view/Side Elevation for typical 1O'wide walkway h. Plan View/Side Elevation for typical 6' wide slip -pier 1 Pian View/Side Elevation For typical 3'wide finger -pier j. Structural Cross-section for 10' wide main walkway k. Structural Cross-section for 6' wide slip -pier 1 Structural Cross-section for 3' wide finger -pier m. Pier Float Crosssections/Details/Speclficatbns n. Structural Details including, slip -pier connections and finger -pier connections o. PIIe Guide Frame and Roller Assembly p. Plan View - Utility Routing q. Cross-section • Utility Routing The foilowina must accompany the Technics; Praaosal: r. Outilne Spedf cations In CSI format. [The Outline Specifications should represent the level of quality anticipated by the design - build team. Once again, being resistant to corrosion Is paramount for any equipment, fittings, connections, attachments, utilities and any appurtenances. Where possible, the outline Spedlications should address this corrosion effect.] All costs or pricing information shall be addressed ONLY in the Cost Proposal. Any cost Information provided In the Technical Proposal can be the basis for disqualification. Cost trade-off information, work -hour estimates, and material kinds and quantities may be used only as appropriate for presenting rationale for alternative designs. COST PROPOSAL RESPONDENT'S ACKNOWLEDGMENTS CAN • Respondent proposes and agrees, If this bid Is eccepted, to enter into an agreement with the City to perform all Work spedted herein for the contract price Indicated in the BASIS of B;D herein or as modified by any contract amendment. Bidder agrees to complete the Work within the contract times estabilshed in the Agreement and comply with the ail other terms and conditions of the contract documents. EXHIBIT "A" Page 12 of 15 BASIS OF BID • Respondent wili complete the Work in accordance with the contract documents for: Base Bid for Docks S. T end U (118 boat slips) Add Alternate No. 1 for Dock R (30 boatsiips) TOTAL s BASE BiD + ADD ALTERNATE NO. 1 $;, 06.5 42- LumnsumWd S 489, !Ze . 00 Luma Sum Bid S 3� 6 9 7, Stirs. 3z Wmo Sum Aid • The City will, at its discretion, award the contract to the Respondent for the Base Bid, plus any combination of Add Alternates. Respondent will complete the Work in accordance with the Lump Sum Pricing as shown In the BASIS OF BID. EVALUATION OF BIDDERS ■ The qty reserves the right to waive any and all irregularities in determining the Respondents' responsibility, and whether the Respondent has met the minimum specific project requirements and reserves the right to require the submission of additional information. • The qty has the right to accept the lump sum pricing. reject any and ail pricing, to waive ali irregularities in the pridng, or to reject non -conforming, non-responsive, or conditional prldng. In addition, the City reserves the right to reject any pricing where circumstances and developments have, in the opinion of the City. changed the responsibility of the Respondent. • Material misstatements in the documentation submitted to determine the Respondent's responsibility may be grounds for rejection of the Respondent on this project. Any such misstatement, if discovered after award of the contract to such Respondent, may be grounds for Immediate termination of the contract. Additionally, the Respondent wili be liable to the Clty for any additional costs or damages to the City resulting from such misstatements, Including costs and altorney's fees for collecting such costs and damages. TIME OF COMPLETION ■ Respondent will complete the Work required to be substantially completed within Insert number days after the date when the contract times commence. Respondent will complete the Work required for final payment in accordance within Insert number days after the date when project Is considered substantially complete. Substantially complete is defined as such a time when all docks are fully -operational such that the 148 boat slips are completed and can be available as a safe individual mooring and the required utilities ere accessible to 811148 slips. VENUE • Bidder agrees that venue shall Ile exclusively in Nueces County, Texas for any legal action. SIGNATORY REQUIREMENTS FOR BIDDERS Respondents must include their correct legal name, state of residency, and federal tax Identification number In the Bid Form. ■ The Respondent, or the Respondent's authorized representative, shall sign and date the Cost Pmposat to accompany all materials included in the submitted bid. Bids which are not signed RFQ IJci. 2014—i]5 EXHIBIT "A" Page 13 of 15 and dated in this manner, ar which do not contain the required documentation of signatory authority may be rejected as non-responsive. The individual(s) signing the bid must have the authority to bind the Respondent to a contract, and if required, shall attach documentation of signatory authority to the Bid Form. ▪ Respondent shall Identify In their Bid their charter orCertlficate of Authority number issued by the Texas Secretary of State and shah submit with their Bid a copy of a resolution or other documentation approved by the Bidder's governing body authorizing the submission of the Bid and designating the Individuai(s) authorized to execute documents on behalf of the Bidder. Bidders using an assumed name (an "alias") shall submit a copy of the Certificate of Assumed Name or similar document. • Respondents that are not residents of the State of Texas must document their legal authority 10 conduct business in Texas. Nonresident Respondents that have prevhrusly registered with the Texas Secretary of State may submit a copy of their Certificate of Authority. Nonresident Respondents that have not previously registered with the Texas Secretary of State shall submit a copy of the Respondent's enabling documents as filed with the state of residency, or as otherwise existing. BID SUBMITTAL This Bid is submitted under the authority of Respondent: By: Name: Title: Attest: tieacei, '41,4A (typed or printed lull legal name of (lidded (Individual's signature) dill) "C.A.Le Je— (typed orprinted) (typed or printed) State of Residency: Federal Tax Id. No. Address for giving notices: (individual's signature) '76-oo8S/O/ F F,vnr� �a 7 7 t' -s Phone: ZS/ -Zia 6 -46C Email: 561j,t,l§77._)4coA a/4e 4z.;.Oh- (Attach evidence of authority to sign if the authorized individual is not the Respondent, but an Individual signing on behalf of another individual Respondent, or If the authorized individual is a representative of a corporation, partnership or joint venture.) EXHIBIT "A" Page 14 of 15 mru- 2 ^ r aS _ r ea SI1- R . a n .1 .._kir_f....•. . 1 I. . . . 01 0 n .. .. .. a 2 .e is i ii Iii 1 11 1y 1 1# # 1§ f # # # 1 ? ## 1 1 11 1 1 !1E i i 1i 1 1 it i1 1 E I ' # 1111 11I aI if 111 11 iIi Hi' #i 1111I$ 11 li ii 04 4 4 4 4 4 4 4 4 4 4 4 1t 4 4 it 4 4 it t 4 4 4 4 e 9 -- - . w • . . i 2 a: 7. a s: a c A _. a Il 1 1 I EXHIBIT "A" Page 15 of 15 City of Cho pus SUPPLIER NUMBER TO BE ASSIGNED BV Cl 1 Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Jacob White Construction Co P. O. BOX: Friendswood STREET ADDRESS: 2000 West Parkwood CITY: ZIP: FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 77546 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3°A or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None FILING REQUIREMENTS If a person who requests official action on a natter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. President Certifying Person: Jeff Mickler Title: (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 11/20/2014 a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. 00 72 01 INSURANCE REQUIREMENTS ARTICLE 1-- iNSURANCE REQUIREMENTS 1.01 CONTRACTOR'S INSURANCE AMOUNTS A. Provide the insurance coverage for at least the following amounts unless greater amounts are required by Laws and Regulations: Type of Insurance Minimum Insurance Coverage 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence/Aggregate Commercial General Liability including 1. Broad Form 2. Premises - Operations 3. Boom Collapse and Overload 4. Underground Hazard 5. Products / Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. Personal & Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate Business Automobile Liability - Owned, Non -Owned, Rented and Leased $1,000,000 Combined Single Limit Workers' Compensation Statutory Employer's Liability $500,000/ 500,000/ 500,000 Excess Liability/Umbrella Liability $1,000,000 Per Occurrence Professional Liability (E & 0) To be carried by Design Team (Engineers, Architects) $1,000,000 per claim Must continue for 3 years after project completion. MARITIME COVERAGES U.S. Longshore & Harborworkers' Compensation (where applicable) This complies with U.S. Longshore & Harborworkers' Act. Jones Act Coverage (where applicable) This complies with Jones Act. Protection & Indemnity (P&I) (where applicable) $1,000,000 Per Occurrence J Insurance Requirements E14061 Pier R Replacement Design -Build 007201-1 Exhibit C Page 1 of 10 1.02 GENERAL PROVISIONS A. Provide insurance coverages and limits meeting the requirements for insurance in accordance with Article 6 of the General Conditions and this Section. B. Provide endorsements to the policies as outlined in this Section. C. Obtain insurance from companies that are duly licensed or authorized in the State of Texas to issue insurance policies for the required limits and coverages. Provide insurance from companies that have an A.M. Best rating of A -VIII or better. D. Furnish copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles upon request by OPT or any named insured or additional insured. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this Contract. E. The name and number of the Project must be referenced on the certificate of insurance. F. OPT's failure to demand such certificates or other evidence of the Contractor's full compliance with the insurance requirements or failure to identify a deficiency in compliance from the evidence provided is not a waiver of the Contractor's obligation to obtain and maintain the insurance required by the Contract Documents. G. Notify the Owner if the Contractor fails to purchase or maintain the insurance required by the Contract Documents. Contractor shall not be allowed to perform any Work on the Project until the required insurance policies are in effect. A Certificate of Liability Insurance shall be submitted to the OPT. H. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 of the General Conditions if Contractor fails to obtain or maintain the required insurance. I. Owner does not represent that the insurance coverage and limits established in this Contract are adequate to protect Contractor or Contractor's interests. J. The required insurance and insurance limits do not limit the Contractor's liability under the indemnities granted to Owner's Indemnitees in the Contract Documents. K. Provide for an endorsement that the "other insurance" clause shall not apply to the OPT where the OPT is an additional insured shown on the policy. Contractor's insurance is primary and non-contributory with respect to any insurance or self-insurance carried by the OPT for liability arising out of operations under this Contract. L. Include the Owner and list the other members of the OPT and any other individuals or entities identified in the Supplementary Conditions as additional insureds on all policies with the exception of the workers' compensation policy and Contractor's professional liability policy. 1.03 CONTRACTOR'S INSURANCE A. Purchase and maintain workers' compensation and employer's liability insurance for: 1. Claims under workers' compensation, disability benefits, and other similar employee benefit acts. Obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law and written on a policy and endorsements approved by the Texas Department of Insurance. Provide insurance in amounts to Insurance Requirements E14061 Pier R Replacement Design -Build 007201-2 Exhibit C Page 2 of 10 meet all workers' compensation obligations. Provide an "All Other States" endorsement if Contractor is not domiciled in Texas and policy is not written in accordance with Texas Department of Insurance rules. 2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act coverage (if applicable). 4. Foreign voluntary worker compensation (if applicable). B. Purchase and maintain commercial general liability insurance covering all operations by or on behalf of Contractor. Provide coverage on an occurrence basis, against: 1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor's employees; 2. Claims for damages insured by reasonably available personal injury liability coverage which are sustained; 3. By any person as a result of an offense directly or indirectly related to the employment of such person by Contractor; 4. By any other person for any other reason; and 5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including any resulting loss of use. C. Provide Contractor's commercial general liability policy that is written on a 1996 (or later) 150 commercial general liability form (occurrence form) and include the following coverages and endorsements: 1. Products and completed operations coverage as required in this Section. Insurance is to remain in effective for 3 years after final payment. Furnish evidence of the continuation of this insurance at final payment and again each year for 3 years after final payment to Owner and each named insured or additional insured. a. Eliminate the exclusion with respect to property under the care, custody, and control of Contractor. Provide and maintain Installation Floater insurance for property under the care, custody, or control of Contractor in lieu of elimination of the exclusion, or if required by this Section. Provide Installation Floater insurance that is a broad form or "All Peril" policy providing coverage for all materials, supplies, machinery, fixtures, and equipment which will be incorporated into the Work. 1) Provide coverage under the Contractor's Installation Floater that includes: a) Faulty or Defective workmanship, materials, maintenance, or construction; b) Cost to remove Defective or damaged Work from the Site or to protect it from loss or damage; c) Cost to cleanup and remove pollutants; d) Coverage for testing and startup; Insurance Requirements E14061 Pier R Replacement Design -Build 00 72 01 3 Exhibit C Page 3 of 10 ej Any loss to property while in transit; f) Any loss at the Site; g) Any loss while in storage, both on and off the Site; and h) Any loss to temporary Project Works if their value is included in the Contract Price. 2) Coverage cannot be contingent on an external cause or risk or limited to property for which the Contractor is legally liable. Provide limits of insurance adequate to cover the value of the installation. Pay any deductible carried under this coverage and assume responsibility for claims on materials, supplies, machinery, fixture, and equipment which will be incorporated into the Work while in transit or in storage. 2. Blanket contractual liability coverage for Contractor's contractual indemnity obligations in Paragraph 7.14 of the General Conditions, and all other contractual indemnity obligations of Contractor in the Contract Documents. 3. Broad form property damage coverage. 4. Severability of interest. 5. Underground explosion and collapse coverage. 6. Personal injury coverage. 7. Endorsement CG 2032, "Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured" or its equivalent. D. Purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. E. Purchase and maintain umbrella or excess liability insurance written over the underlying employer's liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Provide coverage that is at least as broad as all underlying policies. Provide a policy that provides first -dollar liability coverage as needed. F. Provide Contractor's commercial general liability and automobile liability policies that: 1. Are written on an occurrence basis; 2. Include the individuals or entities identified in the Supplementary Conditions as additional insureds; 3. Include coverage for the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors for each named insured or additional insured; 4. Provide primary coverage for all claims covered by the policies, including those arising from both ongoing and completed operations. G. Purchase and maintain insurance coverage for third -party injury and property damage claims, including clean-up costs that result from Hazardous Environmental Conditions which result from Contractor's operations and completed operations. Provide Contractor's pollution liability insurance that includes long-term environmental impacts for the disposal of pollutants/contaminants and is not limited to sudden and accidental discharge. The Insurance Requirements 00 72 01 - 4 E14061 Pier R Replacement Design -Build Exhibit C Page 4 of 10 1 completed operations coverage is to remain in effect for 3 years after final payment. The policy must name OPT and any other individuals and entities identified in the Supplementary Conditions as additional insureds. H. Purchase and maintain applicable professional liability insurance, or have Subcontractors and Suppliers do so, if Contractor or any Subcontractor or Supplier will provide or furnish professional services under this Contract. I. The policies of insurance required by this Section must: 1. Include at least the specific coverages and be written for not less than the limits of liability provided in this Section or required by Laws or Regulations, whichever is greater. 2. Contain a provision that coverage afforded will not be canceled or materially changed until at least 30 days prior written notice has been given to Contractor, Owner, and all named insureds and additional insureds. 3. Remain in effect at all times when Contractor is performing Work or is at the Site to conduct tasks arising from the Contract Documents. 4. Be appropriate for the Work being performed and provide protection from claims resulting from the Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether performed by Contractor, Subcontractor, Supplier, anyone directly or indirectly employed or retained by any of them, or by anyone for whose acts they may be liable. I. The coverage requirements for specific policies of insurance must be met directly by those policies and may not by rely on excess or umbrella insurance provided in other policies to meet the coverage requirement. 1.04 OWNER'S PROTECTIVE LIABILITY INSURANCE A. Purchase and maintain an Owner's Protective Liability insurance policy with the Owner as the named insured and other members of the OPT as additional insureds. Provide a policy that will protect the OPT from claims which arise from operations under the Contract Documents. Provide this coverage in the same amounts required for the Contractor's liability insurance and from the same company that provides the Contractor's liability insurance. 1.05 PROPERTY INSURANCE A. Purchase and maintain builder's risk insurance in the amount of the full replacement cost of the Project. This policy is subject to the deductible amounts requirements in this Section or those required by Laws and Regulations and must comply with the requirements of Paragraph 1.06. This insurance shall: 1. Include the OPT, Contractor, and all Subcontractors, and any other individuals or entities identified in the Supplementary Conditions, as named insureds. 2. Be written on a builder's risk "all risk" policy form that includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment in transit, and insures against at least the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact; aircraft; Insurance Requirements 00 72 01- 5 E14061 Pier R Replacement Design -Build Exhibit C Page 5 of 10 1 smoke; theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; flood; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood); and such other perils or causes of loss as may be specifically required by this Section. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake; volcanic activity, and other earth movement; or flood, are not commercially available under builder's risk, by endorsement or otherwise, this insurance may be provided through other insurance policies acceptable to Owner and Contractor. 3. Cover expenses incurred in the repair or replacement of any insured property. 4. Cover materials and equipment in transit or stored prior to being incorporated in the Work. 5. Cover Owner -furnished or assigned property. 6. Allow for partial utilization of the Work by Owner. 7. Allow for the waiver of the insurer's subrogation rights as set forth below. 8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered. 9. Not include a co-insurance clause. 10. Include a broad exception for ensuing losses from physical damage or loss with respect to any Defective workmanship, design, or materials exclusions. 11. Include testing and startup. 12. Be maintained in effect until the Work as a whole is complete, unless otherwise agreed to in writing by Owner and Contractor. B. Evidence of insurance provided must contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each named insured. C. Pay for costs not covered by the policy deductible. D. Notify builder's risk insurance provider if Owner will occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04 of the General Conditions. Maintain the builder's risk insurance in effect during this Partial Occupancy or Use. E. Contractor may purchase other special insurance to be included in or to supplement the builder's risk or property insurance policies provided under this Section. F. Contractor, Subcontractors, or employees of the Contractor or a Subcontractor owning property items, such as tools, construction equipment, or other personal property not expressly covered in the insurance required by the Contract Documents are responsible for providing their own insurance. Insurance Requirements 00 72 01- 6 E14061 Pier R Replacement Design -Build Exhibit C Page 6 of 10 i 1.06 WAIVER OF RIGHTS A. Insurance shall include a waiver of subrogation in favor of the additional insureds identified in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. B. All policies purchased in accordance with this Section are to contain provisions to the effect that the insurers have no rights of recovery against OPT, named insureds or additional insureds in the event of a payment for loss or damage. Contractor and insurers waive all rights against the Owner's Indemnities for losses and damages created by or resulting from any of the perils or causes of loss covered by these policies and any other applicable property insurance. None of these waivers extend to the rights Contractor has to the proceeds of insurance as trustee. C. Contractor is responsible for assuring that agreements with Subcontractors contains provisions that the Subcontractor waive all rights against Owner's Indemnitees, Contractor, named insureds and additional insureds, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, for all losses and damages created by or resulting from any of the perils or causes of loss covered by builder's risk insurance and other property insurance. 1.07 OWNER'S INSURANCE FOR THE PROJECT A. Owner is not responsible for purchasing and maintaining any insurance to protect the interest of the Contractor, Subcontractors, or others in the Work. The stated limits of insurance required are minimum only. Determine the limits that are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, Contractor is fully responsible for all losses arising out of, resulting from, or connected with operations under this Contract whether or not these losses are covered by insurance. The acceptance of evidence of insurance by the OPT, named insureds, or additional insureds does not release the Contractor from compliance with the insurance requirements of the Contract Documents. ARTICLE 2-- EVIDENCE OF INSURANCE 2.01 ACCEPTABLE EVIDENCE OF INSURANCE A. Provide evidence of insurance acceptable to the Owner with the executed Contract Documents. Provide the following as evidence of insurance: 1. Certificates of Insurance on an acceptable form; 2. Riders or endorsements to policies; and 3. Policy limits and deductibles. B. Provide a list of "Additional Insureds" for each policy. C. Provide evidence that waivers of subrogation are provided on all applicable policies. D. Provide evidence of requirements for 30 days' notice before cancellation or any material change in the policy's terms and conditions, limits of coverage, or change in deductible amount. 2.02 CERTIFICATES OF INSURANCE Insurance Requirements 00 72 01- 7 E14061 Pier R Replacement Design -Build Exhibit C Page 7of10 i A. Submit Certificates of Insurance meeting the following requirements: 1, Form has been filed with and approved by the Texas Department of Insurance under Texas Insurance Code §1811.101; or 2. Form is a standard form deemed approved by the Department under Texas Insurance Code §1811.101. 3. No requirements of this Contract may be interpreted as requiring the issuance of a certificate of insurance on a certificate of insurance form that has not first been filed with and approved by the Texas Department of Insurance. B. Include the name of the Project in the description of operations box on the certificate of insurance. 2.03 INSURANCE POLICIES A. Provide a copy of insurance policies, declaration pages and endorsements, and documentation of applicable self-insured retentions and deductibles if requested by the Owner. B. Owner may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by Laws or Regulations binding upon either of the parties hereto or the underwriter of any such policies). Comply with these requests and submit a copy of the replacement certificate of insurance to Owner at the address provided below within 10 days of the requested change. 2.04 CONTINUING EVIDENCE OF COVERAGE A. Provide updated, revised, or new evidence of insurance in accordance this Section prior to the expiration of existing policies. B. Provide evidence of continuation of insurance coverage at final payment and for the following 3 years. This applies to professional liability insurance only. 2.05 NOTICES REGARDING INSURANCE A. Submit notices regarding insurance are to be sent to the Owner at the following address: City of Corpus Christi — Engineering Attn: Construction Contract Admin. P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Submit questions regarding insurance requirements to the Construction Contract Administrator by calling 361-826-3530. C. TEXAS WORKERS' COMPENSATION INSURANCE REQUIRED NOTICE 2.06 WORKERS' COMPENSATION INSURANCE COVERAGE A. Definitions: 1. Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- Insurance Requirements 00 72 01- 8 E14061 Pier R Replacement Design -Build Exhibit C Page 8 of 10 i 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the Project. 2. Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/person's Work on the Project has been completed and accepted by the governmental entity. 3. Persons providing services on the Project ("Subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the Contract. D. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the Project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. A certificate of coverage, prior to that person beginning Work on the Project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 2. No later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The Contractor shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. H. The Contractor shall post on each Project Site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons Insurance Requirements 00 72 01- 9 E14061 Pier R Replacement Design -Build Exhibit C Page 9 of 10 1 providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; 2. Provide to the Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; 3. Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 4. Obtain from each other person with whom it contracts, and provide to the Contractor: a. A certificate of coverage, prior to the other person beginning Work on the Project; and b. A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; 5. Retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; 6. Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. END OF SECTION Insurance Requirements 00 72 01- 10 E14061 Pier R Replacement Design -Build Exhibit C Page 10 of 10 i 00 61 16 PAYMENT BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Capital Programs 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: E14061 Pier R Replacement Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall be deemed an original. Surety Name: Mailing address (principal place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): L Payment Bond Form E14061 Pier R Replacement Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following tall free number: 1-800-252-3439 Exhibit D Page 1 of 2 i Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal pays all claimants providing labor or materials to him or to a Subcontractor in the prosecution of the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) END OF SECTION Payment Bond Form E14061 Pier R Replacement Exhibit D Paee 2 of 2 1 00 6113 PERFORMANCE BOND BOND NO. Contractor as Principal Name: Mailing address (principal place of business): Owner Name: City of Corpus Christi, Texas Mailing address (principal place of business): Capital Programs 1201 Leopard Street Corpus Christi, Texas 78401 Contract Project name and number: E14061 Pier R Replacement Award Date of the Contract: Contract Price: Bond Date of Bond: (Date of Bond cannot be earlier than Award Date of the Contract) Said Principal and Surety have signed and sealed this instrument in 4 copies, each one of which shall gybe deemed an original. Performance Bond E14061 Pier R Replacement Surety Name: Mailing address (principa! place of business): Physical address (principal place of business): Surety is a corporation organized and existing under the laws of the state of: By submitting this Bond, Surety affirms its authority to do business in the State of Texas and its license to execute bonds in the State of Texas. Telephone (main number): Telephone (for notice of claim): Local Agent for Surety Name: Address: Telephone: E -Mail Address: The address of the surety company to which any notice of claim should be sent may be obtained from the Texas Dept. of Insurance by calling the following toll-free number: 1-800 252-3439 Exhibit E Page 1 of 2 Surety and Contractor, intending to be legally bound and obligated to Owner do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if the Contractor as Principal faithfully performs the Work required by the Contract then this obligation shall be null and void; otherwise the obligation is to remain in full force and effect. Provisions of the bond shall be pursuant to the terms and provisions of Chapter 2253 and Chapter 2269 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. Venue shall lie exclusively in Nueces County, Texas for any legal action. Contractor as Principal Surety Signature: Signature: Name: Name: Title: Title: Email Address: Email Address: (Attach Power of Attorney and place surety seal below) Performance Bond E14061 Pier R Replacement END OF SECTION Exhibit E Paee 2 of 2 00 72 00 GENERAL CONDITIONS Table mfContents Page Article 1 - Definitions and Terminology -..._._..,.,.,...,..,........... ................. -,...—..,.......... ——5 1.01 Defined Terms —__'--'--_--'_'___~'---'—'_--'__'----__-5 1,02 Terminology ,.10 Article 2 - Preliminary Matters ---.----.---.—_--------------.-----------11 2.0I Detivery#fBonds and Evidence ofInsurance ,..,1% 2.02 Copies of Documents ,—..,.,.,.--....... ....... 12 ZiB Before Starting Construction --.—_---_----.----.-------.----------12 2.04 Precwmstru#ion Conference; Designation mfAuthorized Mepre»entptilie ..... .,.,.,.,.... ... .—.12 Article 3 - Contract Documents: Intent, Requirements, Reuse —..... --......... —.------.12 3.01 Intent 12 3.02 Reference Standards 3.03 Reporting and Resolving Discrepancies . 14 3.04 Interpretation ofthe Contract Documents 15 3.05 Reuse of Documents. .......... .,....... .,...,..,..,..... .,..._.~._....-,...__15 Article 4—Commencement and Progress ofthe Work ---.--. —.----_—.-------.-- .15 4.01 Commencement ofContract Times; Jtice to Proceed -,.,....... .,........ .-... ,l5 4.02 Starting the Work ... '.__,__'_--__----'--------'--_15 4.03 Progress Schedule 16 4.84 Delays inContractor's Progress.. — .—.,., - 16 Article 5 - Availability qfUnndsSubsurface and Physicai pnd1t|pns;Mazmrdnua Environmental Conditions--.---------------------------.----.--,..,........ ,.~.... .—.17 5,01 AviIbiIity of Lands '---'—'--'—_'--_17 5.02 Use ofSite and Other Areas 17 5,03 Subsurface and Physical Conditions ._ _---1Q 5.04 Differing Su6smrfmceorPhysical Conditions 18 5.05 Underground Fac|||ties.—.---.----._—. ' ,.,.,.,..,.,..... .,..,. 20 5.06 Hazardous En^PirmnrnentviConditions at Site ....... _...._...----------.—_.---..21 Article6 - Bonds and Insurance 4.4 .... ............. '~.-'.... 23 8.01 Performance, Payment, and Other Bonds -----.---.- 23 General Conditions Corpus Christi Standards- Regular Projects O87280 1 6.03 Insurance 24 Article 7 -Contractor's Responsibilities ..... • • F ..... 4 .... F4 k4.4 64. 24 7.01 Supervision and Superintendence 24 7.02 Labor; Working Hours 24 7•03 Services, Materials, and Equipment 25 7.04 Concerning Subcontractors, Suppliers, and Others. - 7.05 Patent Fees and Royalties 26 7,06 Permits 4.4 F 27 7.07 Taxe527 .... • .4 . .. 4 F ..... 7•08 Laws and Regulation 5 „ ............... „. „ „ .... ..... . .. .. ...... ............... ...... 27 7+09 Safety ancl Protection -- • ..... ......... .. .......... . .... 28 710 Safety Representative . .. F 29 7,11 Hazard Communication Programs .......... .......... ............... ..... ..... 29 7.12 Emergencies .... 4.4 F4 h4.4 4.1.4 .4 F4.429 7.13 Contractor's General Warranty and Guarantee 29 714 Indemnification ....... • F4 .4 F. 44 .4 F4 .4 .444.1 .. ... 30 7.15 Delegation of Professional Design Services.. . .. . 31 Article 8 -- Other Work at the Site 32 8,01 Other Work . 32 8.02 Coordination .. „.... ..................... ...„ .............. ..... .....„.,.. ..... ..... .. .. ..... ..33 8.03 Legal Relationships 33 Article 9 -Owner's and OPT's Responsibilities, ... .. 4. 34 9.01 Communications to Contractor .. 34 9.02 Replacement of Ow n 5 Project Team Members +4 F4 34 9.03 Furnish Data 34 9.04 Pay When Due ...... 4 F ............. 34 9.05 Lands and Easements; Reports and Tests ..... .... 34 9.05 Insurance- . . 34 9.07 Modifications ............. ...444,4 4 F4 F4 F. 4, 34 9.08 inspections, Tests, and Approvals ........ 34 9.09 Limitations on OPT's Responsibilities 34 9.10 Undisclosed Hazardous Environmental Condition 34 9.11 Compliance with Safety Program 35 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 -2 11-25-2013 Article 10 - OARks and Designer's Status During Construction 35 10.01 Owner's Representative 35 10.02 Visits to Site 35 10.03 Resident Project Representatives 35 10.04 Rejecting Defective Work 35 10.05 Shop Drawings, Modifications and Payments .4+4 35 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work. + 36 10.07 Limitations on OAR's and Designer's Authority and Responsibilities 36 Article 11 - Amending the Contract Documents; Changes in the Work • .36 11.01 Amending and Supplementing the Contract Documents 36 11.02 Owner -Authorized Changes in the Work 37 11.03 Unauthorized Changes in the Work 37 11.04 Change of Contract Price 38 11.05 Change of Contrat TirnQS. 39 11.06 Change Proposals 39 11.07 Execution of Change Orders ... . ........ ......... ... ..... ......... .... 39 11.08 Notice to Surety 11. F. .1.4 ... . 40 Article 12 - Claims........... ..... . . ...... .. ........ ...................... . . ..... .... .... 12.01 Claims 40 Article 13 - Cost of the Work; Mowa res; unit Price Work 42 13.01 Cost of the Work 42 13.02 Allowances • .1.4 F. F. M. 44 13.03 Unit Price Work ...... ..... .................... ........ ... . . .. ... ..... 45 13.04 Contingencies 45 Article 14 -Tests and Inspections; Correction, Removal, or Acceptance of Defective Work. 46 14.01 Access to Work ................ 46 14.02 Tests, inspections, and Approvals ..... ....... .11•••el .. .. is.bk .44+ . k .. .1.9 h.. ..... 61 .... . . .... .. 46 14.03 Defective Work ..... . 47 14.04 Acceptance of Defective Work ............ ..... F.P.•••• FP F ....... • 47 14.05 Uncovering Work . • .... 48 14.06 Owner May Stop the Work ....... ... 4.4 ......... • " F ..... • .• •-• 48 14.07 Owner May Correct Defective Work k . ....... .......... • 48 Article 15 - Payments to Contractor; Set -Offs; Completion; Correction Period 49 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 3 11-25-2013 /501 Pr ogress Payments 49 /502 Contractor's Warranty of Titie ...., ++++ 4 ++ 4.44, .4..4 51 15.03 Substantial Co m p I etion 51 15.04 Partial Utili ta tion. +++++++ . +++++++ -51 15.05 Final Inspection ++ . ..... ..... ........ . ..... 52 15.06 Final Payment, F .. 52 15.07 Waiver of Claims F ...... 4,44, 4. F44.41. . .. ...... F. F. 52 15.08 Correction Period., . .53 Article 16 - Suspension of Work and Termination 53 16.01 ner May Suspend Work 4.4 . .... 4. F.• 53 16.0Z Dwner May Terminate for Cause 54 16.03 Owner May Terminate For Convenience 55 16,04 Contractor May Stop Work or Terminate .. SS Article 17 - Final Resolution of Disputes 56 17.01 Methods and Procedures .. . . . .. 40. 044.4.4 h. F4 . 90..4.4i1.4.44144 .. .. .. . +.4 . F ..... 56 Article 18 - Miscellaneous 56 18.01 Computation of Times 56 18.02 Independent Contractor 4.4.4 4. F4 F ... 56 1803 Cumulative Remedies 56 18.04 Limitation of Damages ---------------------------57 18.05 No Waiver .. 57 18.06 Several] i I ity ................. 4 4. F. 57 18.07 Survival of Obligations ... .... 4 57 18.08 No Third PartyBeneficiaries 57 18.09 Assignment of Contract .. ..... . 4 4 57 18.10 No Waiver of Sovereign Immunity.,„ .... ..... .................. .. ..... ...... 57 18.11 COM -0i ling Law 57 18,12 Conditions Precedent to Right to Sue...-. .......... 57 18.13 Waiver of Trial by Jury • • .......... .... 58 18.14 Compliance with Laws ....-- - .... . ..... ...... . 58 18.15 Enforcement . 18.16 Subject to Appropriation • F ............... 4 .4 F ... 4 4. F 58 1817 Contractor's Guarantee as Additional Remedy ..... ........ ............ ..„ ..... .. 58 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 4 11-25-2013 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in thls paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. S. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents -The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. General Conditions Corpus Christi Standards - Regular Projects 007200-5 11-25-2013 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 007200-6 11-25-2013 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. General Conditions Corpus Christi Standards - Regular Projects 007200-7 11-25-2013 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 3S. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. General Conditions Corpus Christi Standards - Regular Projects 007200-8 11-25-2013 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; General Conditions Corpus Christi Standards - Regular Projects 007200-9 11-25-2013 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-10 11-25-2013 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. Provide required Bonds with the executed Agreement. B. Provide evidence of insurance required by the Contract Documents with the executed Agreement. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-11 11-25-2013 2.02 Copies of Documents A. OPT is to furnish one fully executed Agreement and one copy of the executed Contract Documents in electronic portable document format (PDF). This document is the Project Record Copy of the Contract Documents. 2.03 Before Starting Construction A. Provide the following preliminary documents in accordance with the Contract Documents within 10 days after the Effective Date of the Contract: 1. Progress Schedule; 2. Schedule of Documents; and 3. Schedule of Values and projected cash flow information. 2.04 Preconstruction Conference; Designation of Authorized Representatives A. Attend the preconstruction conference as required by the Contract Documents. B. Designate the specific individuals authorized to act as representatives of the Contractor. These individuals must have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of the Contractor. C. Owner is to designate the specific individuals authorized to act as representatives of the Owner and the limits of their authority with regard to acting on behalf of the Owner. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent A. Requirements of components of the Contract Documents are as binding as if required by all Contract Documents. It is the intent of the Contract Documents to describe a functionally complete Project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the OPT. 1. The Contract requirements described in the General Conditions, Supplementary Conditions, and General Requirements (Division 01 Sections of the Specifications) apply to Work regardless of where it is described in the Contract Documents, unless specifically noted otherwise. 2. In offering a Bid for this Project and in entering into this Contract, Contractor represents: a. Contractor has studied the Contract Documents, the Work, the Site, local conditions, Laws and Regulations, and other conditions that may affect the Work; b. Contractor has studied the Technical Data and other information referred to in the Contract Documents and has or will make additional surveys and investigations as deemed necessary for the performance of the Work; c. Contractor has correlated these studies and observations with the requirements of the Contract Documents; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 -12 11-25-2013 d. Contractor has taken all of this information into consideration in developing the Contract Price offered and that the Contract Price offered provides full compensation for providing the Work in accordance with the Contract Documents. 3. Organization of the Contract Documents is not intended to control or lessen the responsibility of the Contractor when dividing Work among Subcontractors or Suppliers, or to establish the extent of Work to be performed by trades, Subcontractors, or Suppliers. Specifications or details do not need to be indicated or specified in each Specification or Drawing. Items shown in the Contract Documents are applicable regardless of their location in the Contract Documents. 4. Standard paragraph titles and other identifications of subject matter in the Specifications are intended to aid in locating and recognizing various requirements of the Specifications. Titles do not define, limit, or otherwise restrict Specification text. S. Provide the labor, documentation, services, materials, or equipment that may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result, whether specifically called for in the Contract Documents or not. Include these related costs in the offered Contract Price. B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. C. Comply with the most stringent requirements where compliance with two or more standards is specified and they establish different or conflicting requirements for the Work, unless the Contract Documents indicate otherwise. D. Provide materials and equipment comparable in quality to similar materials and equipment incorporated in the Project or as required to meet the minimum requirements of the application if the materials and equipment are shown in the Drawings but are not included in the Specifications. E. The Project Record Copy of the Contract Documents governs if there is a discrepancy between the Project Record Copy of the Contract Documents and subsequent electronic or digital versions of the Contract Documents, including printed copies derived from these electronic or digital versions. F. The Contract supersedes all prior written or oral negotiations, representations, and agreements. The Contract Documents comprise the entire Agreement between Owner and Contractor. The Contract Documents may be modified only by a Modification. G. Request clarification from OAR for a decision before proceeding if Contractor is not clear on the meaning of the Contract Documents. OAR is to issue clarifications and interpretations of the Contract Documents in accordance with the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-13 11-25-2013 3.02 Reference Standards A. Standard Specifications, Codes, Laws and Regulations: 1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of technical societies, organizations, or associations, or to Laws or Regulations, whether specific or implied, are those in effect at the time Contractor's Bid is submitted or when Contractor negotiates the Contract Price unless specifically stated otherwise in the Contract Documents. 2. No provision of referenced standard specifications, manuals, reference standards, codes, or instructions of a Supplier changes the duties or responsibilities of OPT or Contractor from those described in the Contract Documents or assigns a duty to or gives authority to the OPT to supervise or direct the performance of the Work or undertake responsibilities inconsistent with the Contract Documents. 3. The provisions of the Contract Documents take precedence over standard specifications, manuals, reference standards, codes, or instructions of a Supplier unless specifically stated otherwise in the Contract Documents. B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. C. Make copies of reference standards available if requested by OAR. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Carefully study the Drawings and verify pertinent figures and dimensions with respect to actual field measurements before undertaking the Work. Immediately report conflicts, errors, ambiguities, or discrepancies that Contractor discovers or has actual knowledge of to the OAR. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the Contract Documents issued pursuant to Paragraph 11.01. 2. Immediately notify the OAR of conflicts, errors, ambiguities, or discrepancies in the Contract Documents or discrepancies between the Contract Documents and: a. Applicable Laws or Regulations; b. Actual field conditions; c. Standard specifications, manuals, reference standards, or codes; or d. Instructions of Suppliers. 3. Do not proceed with affected Work until the conflict, error, ambiguity, or discrepancy is resolved by a clarification or interpretation from the OAR or by a Modification to the General Conditions Corpus Christi Standards - Regular Projects 00 72 00-14 11-25-2013 Contract Documents issued pursuant to Paragraph 11.01, except in an emergency as required by Paragraph 7.12. 4. Contractor is liable to the OPT for failure to report conflicts, errors, ambiguities, or discrepancies in the Contract Documents of which Contractor has actual knowledge. 5. Contractor is deemed to have included the most expensive item, system, procedure, etc. in the Contract Price if a conflict, error, ambiguity, or discrepancy in components of the Contract Documents was known, but not reported prior to submitting the Bid or when Contractor negotiates the Contract Price. 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. 3.05 Reuse of Documents A. Contractor's Team has no rights to the Contract Documents and may not use the Contract Documents, or copies or electronic media editions of the Contract Documents, other than for the construction of this Project. This provision survives final payment or termination of the Contract. B. Contractor is allowed to retain a copy of the Contract Documents for record purposes, unless specifically prohibited by the Owner for security reasons. Surrender paper and digital copies of the Contract Documents and other related documents and remove these documents from computer equipment or storage devices as a condition of final payment if the Owner 5o directs. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK 4.01 Commencement of Contract Times; Notice to Proceed A. The Contract Times commence to run on the date indicated in the Notice to Proceed. 4.02 Starting the Work A. Begin performing the Work on the date indicated in the Notice to Proceed. Do not begin Work prior to having the insurance required in Article 6 in force or before the date indicated in the Notice to Proceed. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-15 11-25-2013 4.03 Progress Schedule A. Construct the Work in accordance with the Progress Schedule established in accordance with the Contract Documents. 1. Adjust the Progress Schedule as required to accurately reflect actual progress on the Work. 2. Submit proposed adjustments in the Progress Schedule that change the Contract Times in accordance with the requirements of Article 11. B. Continue performing Work and adhere to the Progress Schedule during disputes or disagreements with Owner. Do not delay or postpone Work pending resolution of disputes or disagreements, or during an appeal process, except as permitted by Paragraph 16.04, or as Owner and Contractor may otherwise agree. 4.04 Delays in Contractor's Progress A. Contractor is entitled to an equitable adjustment in the Contract Times if OPT directly delays, disrupts, or interferes with the performance or progress of the Work. The Contractor agrees to make no Claim for damages for delay in the performance of the Contract occasioned by an act or omission to act of the OPT and agrees that the extension of time provides an equitable adjustment. B. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delays, disruptions, or interference caused by or within the control of Contractor's Team. C. No time extensions are allowed for weather conditions, other than those listed in Paragraph 4.04.D.1, for Projects using calendar days or a fixed date to establish the Contract Time. Contractor is to include the cost associated with weather related delays in the Contract Price and assumes the risks associated with delays related to weather conditions. D. Contractor is entitled to an equitable adjustment in the Contract Times if Contractor's performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of OPT or Contractor. These unanticipated causes may include: 1. Severe and unavoidable natural catastrophes e.g. fires, floods, hurricanes, epidemics, and earthquakes; 2. Acts or failures to act of utility owners other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 8; and 3. Acts of war or terrorism. 4. Rain days in excess of the number of days allocated for rain as described in the Supplementary Conditions. E. Delays, disruption, and interference to the performance or progress of the Work resulting from the following are governed by Article S: 1. The existence of a differing subsurface or physical condition; 2. An Underground Facility not shown or not indicated with reasonable accuracy by the Contract Documents; and General Conditions Corpus Christi Standards Regular Projects 00 72 00-16 11-25-2013 3. Hazardous Environmental Conditions. These adjustments in Contract Times are the Contractor's sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. F. Article 8 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. G. Notify the OAR immediately of a potential delaying, disrupting, or interfering event. Submit a Change Proposal seeking an adjustment in Contract Price or Contract Times within 30 days of the commencement of the delaying, disrupting, or interfering event. H. Contractor is only entitled to an adjustment of the Contract Times for specific delays, disruptions, and interference to the performance or progress of the Work that can be demonstrated to directly impact the ability of the Contractor to complete the Work within the Contract Times. No adjustments in Contract Times are allowed for delays on components of the Work which were or could have been completed without impacting the Contract Times. I. Contractor is not entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of the Owner if this delay is concurrent with a delay, disruption, or interference attributable to or within the control of the Contractor's Team. ARTICLE 5 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS S.01 Availability of Lands A. Owner is to furnish the Site and inform the Contractor of encumbrances or restrictions known to Owner related to use of the Site with which Contractor must comply in performing the Work. B. Provide for additional lands and access Contractor requires for temporary construction facilities or storage of materials and equipment, other than those identified in the Contract Documents. Provide documentation of authority to use these additional lands to OAR before using them. 5.02 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Confine construction equipment, temporary construction facilities, the storage of materials and equipment, and the operations of workers to the Site, adjacent areas that Owner or Contractor has arranged to use through construction easements or agreements, and other adjacent areas as permitted by Laws and Regulations. Assume full responsibility for damage or injuries which result from the performance of the Work or from other actions or conduct of the Contractor's Team, including: a. Damage to the Site; b. Damage to adjacent areas used for Contractor's Team's operations; c. Damage to other adjacent land or areas; and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 . 17 11-25-2013 d. Injuries and losses sustained by the owners or occupants of these lands or areas. 2. Take the following action if a damage or injury claim is made by the owner or occupant of adjacent land or area because of the performance of the Work, or because of other actions or conduct of the Contractor's Team: a. Take immediate corrective or remedial action as required by Paragraph 7.09; and b. Attempt to settle the claim through negotiations with the owner or occupant, or otherwise resolve the claim by mediation or other dispute resolution proceeding or at law. 5.03 Subsurface and Physical Conditions A. The Supplementary Conditions identify: 1. Those reports known to OPT of explorations and tests of subsurface conditions at or adjacent to the Site; 2. Those drawings known to OPT of physical conditions related to existing surface or subsurface structures at the Site, except Underground Facilities; and 3. Technical Data contained in these reports and drawings. B. Data contained in boring logs, recorded measurements of subsurface water levels, and the results of tests performed on materials described in geotechnical data reports specifically prepared for the Project and made available to Contractor are defined as Technical Data, unless Technical Data has been defined more specifically in the Supplementary Conditions. C. Contractor may rely upon the accuracy of the Technical Data contained in these reports and drawings, but these reports and drawings are not Contract Documents. Except for this reliance on Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, or Contractor's safety precautions and programs; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Contractor's interpretation of or conclusions drawn from Technical Data or other data, interpretations, opinions, or information. 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or General Conditions Corpus Christi Standards - Regular Projects 007200-18 11-25-2013 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; S. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. D. Possible Contract Price and Contract Times Adjustments: 1. Contractor is entitled to an equitable adjustment in Contract Price or Contract Times to the extent that a differing subsurface or physical condition causes a change in Contractor's cost or time to perform the Work provided the condition falls within one or more of the categories described in Paragraph 5.04.A. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. 2. Contractor is not entitled to an adjustment in the Contract Price or Contract Times with respect to a subsurface or physical condition if: a. Contractor knew of the existence of the subsurface or physical condition at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; b. The existence of the subsurface or physical condition could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or c. Contractor failed to give notice as required by Paragraph 5.04.A. 3. Contractor may submit a Change Proposal no later than 30 days after OAR's issuance of the OPT's statement to Contractor regarding the subsurface or physical condition in question. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-19 11-25-2013 4. A Change Order is to be issued by the OAR if Owner and Contractor agree that Contractor is entitled to an adjustment in the Contract Price or Contract Times and agree to the amount or extent of adjustments in the Contract Price or Contract Times. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and S. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. E. Contractor is entitled to an equitable adjustment in the Contract Price or Contract Times as provided in Paragraphs 11.04 and 11.05 to the extent that the existing Underground Facility at the Site that was not shown or indicated in the Contract Documents, or was not shown General Conditions Corpus Christi Standards - Regular Projects 00 72 00-20 11-25-2013 or indicated with reasonable accuracy. Any adjustment in Contract Price for Work that is paid for on a unit price basis is subject to the provisions of Paragraph 13.03. F. Contractor is not entitled an adjustment in the Contract Price or Contract Times with respect to an existing Underground Facility at the Site if: 1. Contractor knew of the existence of the existing Underground Facility at the Site at the time Contractor made an offer to Owner with respect to Contract Price and Contract Times; 2. The existence of the existing Underground Facility at the Site could have been discovered or revealed as a result of examinations, investigations, explorations, tests, or studies of the Site and contiguous areas expressly required by the Bidding Requirements or Contract Documents prior to when Contractor's Bid is submitted or when Contractor negotiates the Contract Price; or 3. Contractor failed to give notice as required by Paragraph 5.05.B. G. Contractor may submit a Change Proposal regarding its entitlement to or the amount or extent of adjustments in the Contract Price or Contract Times no later than 30 days after OAR's issuance of OPT's statement to Contractor regarding the Underground Facility. 5.06 Hazardous Environmental Conditions at Site A. The Supplementary Conditions identify: 1. Those reports and drawings known to OPT relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site; and 2. Technical Data contained in these reports and drawings. B. Contractor may rely upon the accuracy of the Technical Data contained in reports and drawings relating to Hazardous Environmental Conditions identified in the Supplementary Conditions, but these reports and drawings are not Contract Documents. Except for the reliance on expressly identified Technical Data, Contractor may not rely upon or make claims against Owner's Indemnitees with respect to: 1. The completeness of these reports and drawings for Contractor's purposes, including aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor or Contractor's safety precautions and programs related to Hazardous Environmental Conditions; 2. Other data, interpretations, opinions, and information contained in these reports or shown or indicated in the drawings; or 3. Any Contractor interpretation of or conclusion drawn from Technical Data or other data, interpretations, opinions, or information. C. The results of tests performed on materials described in environmental reports specifically prepared for the Project and made available to Contractor are defined as Technical Data unless Technical Data has been defined more specifically in the Supplementary Conditions. D. Contractor is not responsible for removing or remediating Hazardous Environmental Conditions encountered, uncovered, or revealed at the Site unless this removal or General Conditions Corpus Christi Standards - Regular Projects 00 72 00-21 11-25-2013 remediation is expressly identified in the Contract Documents to be within the scope of the Work. E. Contractor is responsible for controlling, containing, and duly removing and remediating Constituents of Concern brought to the Site by Contractor's Team and paying associated costs. 1. Owner may remove and remediate the Hazardous Environmental Condition and impose a set-off against payments to Contractor for associated costs if Contractor's Team creates a Hazardous Environmental Condition and Contractor does not take acceptable action to remove and remediate the Hazardous Environmental Condition. 2. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to Hazardous Environmental Conditions are as set forth in Paragraph 7.14. F. Immediately notify the OAR and take the following action if Contractor uncovers or reveals a Hazardous Environmental Condition at the Site or adjacent areas used by the Contractor's Team that was not created by the Contractor's Team: 1. Secure or otherwise isolate this condition; 2. Stop Work in affected areas or connected with the condition, except in an emergency as required by Paragraph 7.12; and 3. Do not resume Work in connection with the Hazardous Environmental Condition or in affected areas until after OPT has obtained required permits and OAR sends notice to the Contractor: a. Specifying that this condition and affected areas are or have been rendered safe for the resumption of Work; or b. Specifying special conditions under which Work may be resumed safely. 4. Owner may order the portion of the Work that is in the area affected by the Hazardous Environmental Condition to be deleted from the Work following the procedures in Article 11 if Contractor does not agree to: a. Resume the Work based on a reasonable belief it is unsafe; or b. Resume the Work under the special conditions provided by the OAR. 5. Owner may have this deleted portion of the Work performed by Owner's own forces or others in accordance with Article 8. G. Contractor may submit a Change Proposal or Owner may impose a set-off if an agreement is not reached within 10 days of OAR's notice regarding the resumption of Work as to whether Contractor i5 entitled to an adjustment in Contract Price or Contract Times or on the amount or extent of adjustments resulting from this Work stoppage or special conditions under which Contractor agrees to resume Work. H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of Constituents of Concern or a Hazardous Environmental Condition uncovered or revealed at the Site. General Conditions Corpus Christi Standards - Regular Projects 007200.22 11-25.2013 ARTICLE 6 — BONDS AND INSURANCE 6.01 Performance, Payment, and Other Bonds A. Furnish Performance and Payment Bonds, each in an amount equal to the Contract Price, as security for the faithful performance and payment of Contractor's obligations under the Contract Documents. These Bonds are to remain in effect until 1 year after the date of final payment. Furnish other Bonds as required by the Contract Documents. B. Bonds furnished by the Contractor must meet the requirements of Texas Insurance Code Chapter 3503, Texas Government Code Chapter 2253, and all other applicable Laws and Regulations. C. Notify OAR immediately if the surety on Bonds furnished by Contractor: 1. Is declared bankrupt, or becomes insolvent; 2. Has its right to do business in Texas terminated; or 3. Ceases to meet the requirements of Paragraph 6.02. Provide a Bond and surety which comply with the requirements of Paragraph 6.02 within 20 days after the event giving rise to this notification. D. Contractor is to use amounts paid by Owner to Contractor under the Contract for the performance of the Contract and to satisfy claims against the Payment Bond. E. Notify the OAR of claims filed against the Payment Bond. Notify the claimant and OAR of undisputed amounts and the basis for challenging disputed amounts when a claimant has satisfied the conditions prescribed by Texas Government Code Chapter 2253. Promptly pay undisputed amount. F. Owner is not liable for payment of costs or expenses of claimants under the Payment Bond. Owner has no obligations to pay, give notice, or take other action to claimants under the Payment Bond. G. Owner may exclude the Contractor from the Site and exercise Owner's termination rights under Article 16 if Contractor fails to obtain or maintain required Bonds. H. OPT will provide a copy of the Payment Bond to Subcontractors, Suppliers, or other persons or entities claiming to have furnished labor or materials used in the performance of the Work that request this information in accordance with Texas Government Code Chapter 2253. 6.02 Licensed Sureties A. Provide Bonds in the form prescribed by the Contract Documents from sureties named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. B. Provide Bonds required by the Contract Documents from surety companies that are duly licensed or authorized to provide bonds in the State of Texas. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-23 11-25-2013 6.03 Insurance A. Obtain and maintain insurance as required in this Article and in SECTION 00 72 01 INSURANCE REQUIREMENTS. B. Deliver evidence of insurance in accordance with SECTION 00 72 01 INSURANCE REQUIREMENTS to the Owner to demonstrate that Contractor has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Provide copies of these certificates to each named insured and additional insured as identified in the Supplementary Conditions or otherwise. ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES 7.01 Supervision and Superintendence A. Supervise, inspect, and direct the performance of the Work in accordance with the Contract Documents. Contractor is solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. Provide a competent resident superintendent acceptable to the OPT. The resident superintendent or acceptable qualified assistant is to be present at all times when Work is being done. Do not replace this resident superintendent except under extraordinary circumstances. Provide a replacement resident superintendent equally competent to the previous resident superintendent if replacement is required. Notify the Owner prior to replacing the resident superintendent and obtain Owner's consent to the change in superintendent. 7.02 Labor; Working Hours A. Provide competent, suitably qualified personnel to survey and lay out the Work and perform Work to complete the Project. Maintain good discipline and order at the Site. B. Perform Work at the Site during regular working hours except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent to the Site and except as otherwise stated in the Contract Documents. C. Do not perform Work on a Saturday, Sunday, or legal holiday without OAR's consent. The following legal holidays are observed by the Owner: Holiday Date Observed New Year's Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25 General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 24 11-25-2013 D. If a legal holiday falls on a Saturday, it will be observed the preceding Friday. If a legal holiday falls on a Sunday, it will be observed the following Monday. E. Pay additional cost incurred by Owner for services of the OAR or RPR to observe Work constructed outside of regular working hours. OAR will issue a Set-off in the Application for Payment for this cost per Paragraph 15.01.B 7.03 Services, Materials, and Equipment A. Provide services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work, whether or not these items are specifically called for in the Contract Documents. B. Provide new materials and equipment to be incorporated into the Work. Provide special warranties and guarantees required by the Contract Document. Provide satisfactory evidence, including reports of required tests, as to the source, kind, and quality of materials and equipment as required by the Contract Documents or as requested by the OAR. C. Store, apply, install, connect, erect, protect, use, clean, and condition materials and equipment in accordance with instructions of the applicable Supplier, unless otherwise required by the Contract Documents. 7.04 Concerning Subcontractors, Suppliers, and Others A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. All Subcontractors and Suppliers must be acceptable to Owner. B. Contractor must retain specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents. C. Submit a list of proposed Subcontractors and Suppliers to OAR prior to entering into binding subcontracts or purchase orders. These proposed Subcontractors or Suppliers are deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 30 days after receiving this list. D. Contractor is not required to retain Subcontractors, Suppliers, or other individuals or entities to furnish or perform part of the Work after the Effective Date of the Contract if Contractor has reasonable objection. E. Owner may require the replacement of Subcontractors, Suppliers, or other individuals or entities retained by the Contractor. Provide an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. Owner also may require Contractor to retain specific replacements, subject to Contractor's reasonable objections. F. Contractor may be entitled to an adjustment in Contract Price or Contract Times with respect to a replacement of Subcontractors, Suppliers, or other entities required by Owner. The Contractor is not entitled to an adjustment in Contract Price or Contract Time with respect to replacement of any individual deemed unsuitable by the OPT. Notify OAR immediately if a replacement of Subcontractors, Suppliers, or other entity increases the Contract Price or Contract Times. Initiate a Change Proposal for the adjustment within 10 General Conditions Corpus Christi Standards - Regular Projects 00 72 00-25 11-25-2013 days of Owner's notice to replace a Subcontractor, Supplier, or other entity retained by Contractor to perform part of the Work. Do not make the replacement until the change in Contract Price or Contract Times has been accepted by the Owner if Change Proposal is to be submitted. G. Owner's initial acceptance of Subcontractors, Suppliers, or other individuals or entities, or their replacements, does not constitute a waiver of the obligation of the Contractor to complete the Work in accordance with the Contract Documents. H. Maintain a current and complete list of Subcontractors and Suppliers that are to perform or furnish part of the Work. I. Contractor is fully responsible for the acts and omissions of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. J. Contractor is solely responsible for scheduling and coordinating the work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work. K. Require Subcontractors, Suppliers, and other individuals or entities performing or furnishing Work to communicate with OPT through Contractor. L. Contracts between the Contractor and their Subcontractors or Suppliers may specifically bind the Subcontractors or Suppliers to the applicable terms and conditions of the Contract Documents. Contractor is responsible for meeting the requirements of the Contract Documents if they choose to not bind the Subcontractors or Suppliers to applicable terms or conditions of the Contract Documents. 1. All Subcontractors employed on this Project must be required to obtain Workers' Compensation Insurance. 2. Proof of this insurance will be required prior to the start of any Work. M. OPT may furnish information about amounts paid to Contractor for Work provided by Subcontractors or Suppliers to the entity providing the Work. N. Nothing in the Contract Documents: 1. Creates a contractual relationship between members of the OPT and members of the Contractor's Team. 2. Creates an obligation on the part of the Owner to pay or to see to the payment of money due members of the Contractor's Team, except as may be required by Laws and Regulations. 7.05 Patent Fees and Royalties A. Pay license fees, royalties, and costs incident to the use of inventions, designs, processes, products, or devices which are patented or copyrighted by others in the performance of the Work, or to incorporate these inventions, designs, processes, products, or devices which are patented or copyrighted by others in the Work. The Contract Documents identify inventions, designs, processes, products, or devices OPT knows are patented or copyrighted by others or that its use is subject to patent rights or copyrights calling for the payment of a license fee or royalty to others. Contractor is to include the cost associated with the use of patented or copyrighted products or processes, whether specified or selected by the Contractor, in the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 26 11-25-2013 B. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to infringement of patent rights and copyrights are as set forth in Paragraph 7.14. 7.06 Permits A. Obtain and pay for construction permits and licenses. OPT is to assist Contractor in obtaining permits and licenses when required to do so by applicable Laws and Regulations. Pay governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time the Contractor's Bid is submitted or when Contractor negotiates the Contract Price. 7.07 Taxes A. Contractor is responsible for all taxes and duties arising out of the Work. The Owner generally qualifies as a tax exempt agency as defined by the statutes of the State of Texas and is usually not subject to any city or state sales or use taxes, however certain items such as rented equipment may be taxable even though Owner is a tax-exempt agency. Contractor is responsible for including in the Contract Price any applicable sales and use taxes and is responsible for complying with all applicable statutes and rulings of the State Comptroller. Pay sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations. B. The Owner is exempt from the Federal Transportation and Excise Tax. Contractor must comply with all federal regulations governing the exemptions. C. Products incorporated into the Work are exempt from state sales tax according to the provisions of Subchapter H, Chapter 151, of the Texas Tax Code. D. Contractor may not include any amounts for sales, use, or similar taxes for which the Owner is exempt in the Contract Price or any proposed Change Order or Application for Payment. E. Obtain tax exemption certificates or other documentation necessary to establish Owner's exemption from such taxes. 7.08 Laws and Regulations A. Give required notices and comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for monitoring Contractor's compliance with Laws or Regulations except where expressly required by applicable Laws and Regulations. B. Pay costs resulting from actions taken by Contractor that are contrary to Laws or Regulations. Contractor is not responsible for determining that the design aspects of the Work described in the Contract Documents is in accordance with Laws and Regulations. This does not relieve Contractor of its obligations under Paragraph 3.03. C. Owner or Contractor may give notice to the other party of changes in Laws or Regulations that may affect the cost or time of performance of the Work, including: 1. Changes in Laws or Regulations affecting procurement of permits; and 2. Sales, use, value-added, consumption, and other similar taxes which come into effect after Contractor's Bid is submitted or when Contractor negotiates the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 27 11-25-2013 D. Contractor may submit a Change Proposal or Owner may initiate a Claim within 30 days of this notice if Owner and Contractor are unable to agree on entitlement to or on the amount or extent of adjustments in Contract Price or Contract Times resulting from these changes, 7.09 Safety and Protection A. Contractor is solely responsible for initiating, maintaining, and supervising safety precautions and programs in connection with the Work. This responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. B. Take necessary precautions for the safety of persons on the Site or who may be affected by the Work, and provide the necessary protection to prevent damage, injury, or loss to: 1. Work and materials and equipment to be incorporated in the Work, whether stored on or off Site; and 2. Other property at or adjacent to the Site, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. C. Comply with applicable Laws and Regulations relating to the safety and protection of persons or property. Erect and maintain necessary safeguards for safety and protection. Notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site when prosecution of the Work may affect them. Cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress. 1. Comply with requirements of Underground Facility Damage Prevention and Safety Act, Texas Utilities Code Chapter 251. 2. Comply with all applicable safety rules and regulations of the Federal Occupational Health and Safety Act of 1970 and subsequent amendments (OSHA). D. Remedy damage, injury, or loss to property referred to in Paragraph 7.09.B caused by Contractor's Team. Pay remediation costs unless the damage or loss is: 1. Attributable to the fault of the Contract Documents; 2. Attributable to acts or omissions of OPT; or 3. Not attributable to the actions or failure to act of the Contractor's Team. E. Contractor's duties and responsibilities for safety and protection of persons or the Work or property at or adjacent to the Site continues until Work is completed and resumes whenever Contractor's Team returns to the Site to fulfill warranty or correction obligations or to conduct other tasks. F. Comply with the applicable requirements of the Owner's safety program if required to do so in the Supplementary Conditions. A copy of the Owner's safety program will be provided in the Bidding Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 28 11-25-2013 7.10 Safety Representative A. Provide a qualified and experienced safety representative at the Site whose duties and responsibilities are the prevention of accidents and maintaining and supervising safety programs. 7.11 Hazard Communication Programs A. Coordinate the exchange of material safety data sheets or other hazard communication information required to be made available or exchanged between or among employers at the Site in accordance with Laws or Regulations. 7.12 Emergencies A. Act to prevent threatened damage, injury, or loss in emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the Site. Notify OAR immediately if Contractor believes that significant changes in the Work or variations from the Contract Documents have been caused or are required as a result of this need to act. A Modification is to be issued by OAR if OPT determines that the incident giving rise to the emergency action was not the responsibility of the Contractor and that a change in the Contract Documents is required because of the action taken by Contractor in response to this emergency. 7.13 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that Work is in accordance with the Contract Documents and is not Defective. Owner is entitled to rely on Contractor's warranty and guarantee. Assume and bear responsibility for costs and time delays associated with variations from the requirements of the Contract Documents. B. This Contractor's warranty and guarantee excludes defects or damage caused by improper maintenance or operation, abuse, or modification by OPT; or normal wear and tear under normal usage. C. Contractor's obligation to perform and complete Work in accordance with the Contract Documents is absolute. None of the following constitute an acceptance of Defective Work or a release of Contractor's obligation to perform Work in accordance with the Contract Documents: 1. Observations by OPT; 2. Recommendation by OAR or payment by Owner of progress or final payments; 3. The issuance of a Certificate of Substantial Completion; 4. Use or occupancy of part of the Work by Owner; 5. Review and approval of a Shop Drawing or Sample; 6. Inspections, tests, or approvals by others; or 7. Correction of Defective Work by Owner. D. The Contract Documents may require the Contractor to accept the assignment of a contract between the Owner and a contractor or supplier. The specific warranties, guarantees, and General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 29 11-25-2013 correction obligations contained in an assigned contract govern with respect to Contractor's performance obligations to Owner for the Work described in an assigned contract. 7.14 Indemnification A. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES OR DISPUTE RESOLUTION COSTS, ARISING OUT OF OR RESULTING FROM PERFORMANCE OF THE WORK, VIOLATIONS OF LAWS OR REGULATIONS, OR BODILY INJURY, DEATH, OR DESTRUCTION OF TANGIBLE PROPERTY CAUSED BY THE ACTS OR OMISSIONS OF THE CONTRACTOR'S TEAM, REGARDLESS OF WHETHER SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE CAUSED IN PART BY AN OWNER'S INDEMNITEE HEREUNDER, SUBJECT TO THE OWNER'S DEFENSES AND LIABILITY LIMITS UNDER THE TEXAS TORT CLAIMS ACT. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE CONTRACTOR TO INDEMNIFY AN OWNER'S INDEMNITEE AGAINST A CLAIM, LOSS, DAMAGE OR EXPENSE CAUSED BY THE (I) NEGLIGENCE OR FAULT, (II) BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE, OR (III) THE BREACH OF CONTRACT BY AN OWNER'S INDEMNITEE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES EACH OF OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF AN OWNER'S INDEMNITEE. B. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS, ARISING OUT OF OR RELATING TO: (I) THE FAILURE TO CONTROL, CONTAIN, OR REMOVE A CONSTITUENT OF CONCERN BROUGHT TO THE SITE BY CONTRACTOR'S TEAM OR A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY CONTRACTOR'S TEAM, (II) CONTRACTOR'S TEAM'S ACTION OR INACTION RELATED TO DAMAGES, DELAYS, DISRUPTIONS, OR INTERFERENCE WITH THE WORK OF OWNER'S EMPLOYEES, OTHER CONTRACTORS, OR UTILITY OWNERS PERFORMING OTHER WORK AT OR ADJACENT TO THE SITE, OR (III) THE CORRECTION OF DEFECTIVE WORK. NOTHING IN THIS PARAGRAPH OBLIGATES THE CONTRACTOR TO INDEMNIFY THE OWNER'S INDEMNITEES FROM THE CONSEQUENCES OF THE OWNER'S AND OWNER'S INDEMNITEES OWN NEGLIGENCE. PROVIDED FURTHER HOWEVER, AND IN ADDITION TO THE ABOVE, CONTRACTOR INDEMNIFIES THE OWNER'S INDEMNITEES AGAINST CLAIMS FOR THE BODILY INJURY OR DEATH OF AN EMPLOYEE OF THE CONTRACTOR'S TEAM OF ANY TIER EVEN IF CAUSED BY THE SOLE OR CONCURRENT NEGLIGENCE OF OWNER'S INDEMNITEES. C. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE OWNER'S INDEMNITEES FROM AND AGAINST INDEMNIFIED COSTS RESULTING FROM INFRINGEMENT ON PATENT RIGHTS OR COPYRIGHTS BY CONTRACTOR'S TEAM TO THE FULLEST EXTENT PERMITTED BY LAW. D. The indemnification obligations under this paragraph are not limited by the amount or type of damages, compensation, or benefits payable by or for members of the Contractor's Team or other individuals or entities under workers' compensation acts, disability benefit acts, or other employee benefit acts in claims against Owner's Indemnitees by an employee or the survivor or personal representative of employee of Contractor's Team. E. The indemnification obligations of this Paragraph 7.14 do not extend to the liability of Designer arising out of the preparation of the Contract Documents or giving directions or General Conditions Corpus Christi Standards - Regular Projects 00 72 00 30 1125-2013 instructions, or failing to give them, to the extent they are obligated to do so if that is the primary cause of the injury or damage. F. Notify the other party within 10 days if Owner or Contractor receives notice of any claim or circumstances that could give rise to an indemnified loss. The notice must include the following: 1. A description of the indemnification event in reasonable detail; 2. The basis on which indemnification may be due; and 3. The anticipated amount of the indemnified loss. This notice does not stop or prevent Owner's Indemnitees from later asserting a different basis for indemnification or a different amount of indemnified loss than that indicated in the initial notice. Owner's Indemnitees do not waive any rights to indemnification except to the extent that Contractor is prejudiced, suffers loss, or incurs expense because of the delay if Owner does not provide this notice within the 10 -day period. G. Defense of Indemnification Claims: 1. Assume the defense of the claim with counsel chosen by the Contractor and pay related costs, unless Owner decides otherwise. Contractor's counsel must be acceptable to Owner. Control the defense and any negotiations to settle the claim. Advise Owner's Indemnitees as to its defense of the claim within 10 days after being notified of the indemnification request. Owner's Indemnitees may assume and control the defense If Contractor does not assume the defense. Pay all defense expenses of the Owner's Indemnitees as an indemnified loss. 2. Owner's Indemnitees may retain separate counsel to participate in, but not control, the defense and any settlement negotiations if Contractor defends the claim. Contractor may not settle the claim without the consent or agreement of Owner. Contractor may settle the claim with Owner's consent and agreement unless it: a. Would result in injunctive relief or other equitable remedies or otherwise require Owner's Indemnitees to comply with restrictions or limitations that adversely affect Owner's Indemnitees; b. Would require Owner's Indemnitees to pay amounts that Contractor does not fund in full; or c. Would not result in Owner and Owner's Indemnitees' full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement. 7.15 Delegation of Professional Design Services A. Contractor is not required to provide professional design services unless these services are specifically required by the Contract Documents for a portion of the Work or unless these services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences, and procedures. Contractor is not required to provide professional services in violation of applicable Laws and Regulations. B. The Contract Documents specify performance and design criteria related to systems, materials, or equipment if professional design services or certifications by a design General Conditions Corpus Christi Standards - Regular Projects 00 72 00-31 11-25-2013 professional related to systems, materials, or equipment are specifically required of Contractor. These services or certifications must be provided by the licensed Texas Professional Engineer or Registered Architect who prepares, signs, and seals drawings, calculations, specifications, certifications, Shop Drawings, and other documents. C. OPT is entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, or approvals performed by Contractor's design professionals, provided OPT has specified to Contractor the performance and design criteria that these services must satisfy. D. Pursuant to this Paragraph 7.15, Designer's review and approval of design calculations and design drawings is only for the limited purpose of checking for conformance with the performance and design criteria given and the design concepts expressed in the Contract Documents. Designer's review and approval of Shop Drawings and other documents is only for the purpose stated in the Contract Documents. E. Contractor is not responsible for the adequacy of the performance or design criteria specified by OPT. Advise OPT if the performance or design criteria are known or considered likely to be inadequate or otherwise deficient. ARTICLE 8 — OTHER WORK AT THE SITE 8.01 Other Work A. Owner may arrange for other work at or adjacent to the Site which is not part of the Contractor's Work. This other work may be performed by Owner's employees or through other contractors. utility owners may perform work on their utilities and facilities at or adjacent to the Site. Include costs associated with coordinating with entities performing other work or associated with connecting to this other work in the Contract Price if this other work is shown in the Contract Documents. B. OPT is to notify Contractor of other work prior to starting the work and provide any knowledge they have regarding the start of utility work at or adjacent to the Site to Contractor. C. Provide other contractors: 1. Proper and safe access to the Site; 2. Reasonable opportunity for the introduction and storage of materials and equipment; and 3. Reasonable opportunity to execute their work. D. Provide cutting, fitting, and patching of the Work required to properly connect or integrate with other work. Do not endanger the work of others by cutting, excavating, or otherwise altering the work of others without the consent of OAR and the others whose work will be affected. E. Inspect the work of others and immediately notify OAR if the proper execution of part of Contractor's Work depends upon work performed by others and this work has not been performed or is unsuitable for the proper execution of Contractor's Work. Contractor's failure to notify the OAR constitutes an acceptance of this other work as acceptable for General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 32 11-25-2013 integration with Contractor's Work. This acceptance does not apply to latent defects or deficiencies in the work of others. F. Take adequate measures to prevent damages, delays, disruptions, or interference with the work of Owner, other contractors, or utility owners performing other work at or adjacent to the Site. 8.02 Coordination A. Owner has sole authority and responsibility for coordination of this other work unless otherwise provided in the Contract Documents. The Owner is to identify the entity with authority and responsibility for coordination of the activities of the various contractors, the limitations of their authority, and the work to be coordinated prior to the start of other work at or adjacent to the Site. 8.03 Legal Relationships A. Contractor may be entitled to a change in Contract Price or Contract Times if, while performing other work at or adjacent to the Site for Owner, the OPT, other contractor, or utility owner: 1. Damages the Work or property of Contractor's Team; 2. Delays, disrupts, or interferes with the execution of the Work; or 3. Increases the scope or cost of performing the Work through their actions or inaction. B. Notify the OAR immediately of the event leading to a potential Change Proposal so corrective action can be taken. Submit the Change Proposal within 30 days of the event if corrective action has not adequately mitigated the impact of the actions or inactions of others. Information regarding this other work in the Contract Documents is used to determine if the Contractor is entitled to a change in Contract Price or Contract Times. Changes in Contract Price require that Contractor assign rights against the other contractor or utility owner to Owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Changes in Contract Times require that the time extension is essential to Contractor's ability to complete the Work within the Contract Times. C. Take prompt corrective action if Contractor's Team damages, delays, disrupts, or interferes with the work of Owner's employees, other contractors, or utility owners performing other work at or adjacent to the Site or agree to compensate other contractors or utility owners for correcting the damage. Promptly attempt to settle claims with other contractors or utility owners if Contractor damages, delays, disrupts, or interferes with the work of other contractors or utility owners performing other work at or adjacent to the Site. D. Owner may impose a set-off against payments due to Contractor and assign the Owner's contractual rights against Contractor with respect to the breach of the obligations described in this Paragraph 8.03 to other contractors or utility owners if damages, delays, disruptions, or interference occur. E. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related damages, delays, disruptions, and interference with other work at the Site are as set forth in Paragraph 7.14. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 33 11-25-2013 ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-34 11-25-2013 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.1S. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-35 11-25-2013 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK 11.01 Amending and Supplementing the Contract Documents A. The Contract Documents may be modified by a Contract Amendment, Change Order, Work Change Directive, or Field Order. 1. Contract Amendment: Owner and Contractor may modify the terms and conditions of the Contract Documents without the recommendation of the Designer using a Contract Amendment. A Contract Amendment may be used for: a. Changes that do not involve: 1) The performance or acceptability of the Work; 2) The design as described in the Drawings, Specifications, or otherwise; or 3) Other engineering, architectural or technical matters. b. Authorizing new phases of the Work and establishing the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work when using phased construction or purchasing Goods and Special Services to be incorporated into the Project. 2. Change Order: All changes to the Contract Documents that include a change in the Contract Price or the Contract Times for previously authorized Work, or changes to the Work requiring Designer's approval must be made by a Change Order. A Change General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 36 11-25-2013 Order may also be used to establish modifications of the Contract Documents that do not affect the Contract Price or Contract Times. 3. Work Change Directive: A Work Change Directive does not change the Contract Price or the Contract Times, but is evidence that the parties expect that the modifications ordered or documented by a Work Change Directive are to be incorporated in a subsequently issued Change Order following negotiations on the Contract Price and Contract Times. Contractor must submit a Change Proposal seeking an adjustment of the Contract Price or the Contract Times no later than 30 days after the completion of the Work set out in the Work Change Directive if negotiations are unsuccessful under the terms of the Contract Documents governing adjustments, expressly including Paragraphs 11.04 and 11.05. 4. Field Order: Designer may require minor changes in the Work that do not change the Contract Price or Contract Times using a Field Order. OAR may issue a Field Order for non-technical, administrative issues. Submit a Change Proposal if Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times before proceeding with the Work described in the Field Order. B. Perform added or revised Work under the applicable provisions of the Contract Documents for the same or similar Work unless different Drawings, Specifications, or directions are provided in the Modification, 11.02 Owner -Authorized Changes in the Work A. Owner may order additions, deletions, or revisions in the Work at any time as recommended by the Designer to the extent the change: 1. Involves the design as described in the Contract Documents; 2. Involves acceptance of the Work; or 3. Involves other engineering, architectural or technical matters. B. These changes may be authorized by a Modification. Proceed with the Work involved or, in the case of a deletion in the Work, immediately cease construction activities with respect to the deleted Work upon receipt of the Modification. Nothing in this paragraph obligates the Contractor to undertake Work that Contractor reasonably concludes cannot be performed in a manner consistent with Contractor's safety obligations under the Contract Documents or Laws and Regulations. 11.03 Unauthorized Changes in the Work A. Contractor is not entitled to an increase in the Contract Price or an extension of the Contract Times with respect to Work performed that is not required by the Contract Documents, except in the case of an emergency as provided in Paragraph 7.12, or in the case of uncovering Work as provided in Paragraph 14.05. B. Contractor is responsible for costs and time delays associated with variations from the requirements of the Contract Documents unless the variations are specifically approved by Change Order. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 37 11-25-2013 11.04 Change of Contract Price A. The Contract Price can only be changed by a Change Order. Any Change Proposal for an adjustment in the Contract Price must comply with the provisions of Paragraph 11.05. Any Claim for an adjustment of Contract Price must comply with the provisions of Article 12. B. An adjustment in the Contract Price is to be determined as follows: 1. By applying unit prices to the quantities of the items involved, subject to the provisions of Paragraph 13.03, where the Work involved is covered by unit prices in the Contract Documents; 2. By a mutually agreed lump sum where the Work involved is not covered by unit prices in the Contract Documents; or 3. Payment on the basis of the Cost of the Work determined as provided in Paragraph 13.01 plus a Contractor's fee for overhead and profit determined as provided in Paragraph 11.04.D when the Work involved is not covered by unit prices in the Contract Documents or the parties do not reach a mutual agreement to a lump sum. C. The original Contract Price may not be increased by more than 25 percent or the limit set out in Texas Local Government Code 252.048 or its successor statute. Owner may decrease the Work by up to 25 percent of the Contract Price without adjusting Contractor's fee. D. Contractor's Fee: Determine the Contractor's fee for overhead and profit as follows: 1. A mutually acceptable fixed fee; or 2. A fee based on the following percentages of the various portions of the Cost of the Work: a. The Contractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2; b. The Contractor's fee is 5 percent for costs incurred under Paragraph 13.01.C.3; c. Fees are to be determined as follows where one or more tiers of subcontracts are used: 1) The Subcontractor's fee is 15 percent for costs incurred under Paragraphs 13.01.C.1 and 13.01.C.2 for the Subcontractor that actually performs the Work at whatever tier; and 2) The Contractor and Subcontractors of a tier higher than that of the Subcontractor that actually performs the Work are to be allowed a fee of 5 percent of the fee plus underlying costs incurred by the next lower tier Subcontractor; d. No fee is payable on the basis of costs itemized under Paragraphs 13.01.C.4, and 13.01.D; e. Five percent of the net decrease in the cost is to be deducted for changes which result in a net decrease in Contract Price; and 3. The adjustment in Contractor's fee is based on the net change in accordance with Paragraphs 11.04.D.2.a through 11.04.D.2.e, inclusive when both additions and credits are involved in any one change. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-38 11-25-2013 11.05 Change of Contract Times A. The Contract Times can only be changed by Change Order. Any Change Proposal for an adjustment in the Contract Times must comply with the provisions of Paragraph 11.06. Any Claim for an adjustment in the Contract Times must comply with the provisions of Article 12. B. An adjustment of the Contract Times is subject to the limitations described in Paragraph 4.04. 11.06 Change Proposals A. Submit a Change Proposal to the OAR to: 1. Request an adjustment in the Contract Price or Contract Times; 2. Appeal an initial decision by OPT concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents; 3. Contest a set-off against payment due; or 4. Seek other relief under the Contract Documents. B. Notify the OAR immediately if a Change Proposal is to be submitted. Submit each Change Proposal to OAR no later than 30 days after the event initiating the Change Proposal. Submit the following as part of the Change Proposal: 1. Any proposed change in Contract Price, Contract Times, or other relief, accompanied by a statement that the requested Change Order is the entire adjustment to which Contractor believes it is entitled; 2. The reason for the proposed change; and 3. Supporting data, accompanied by a statement that the supporting data is accurate and complete. C. OAR is to advise OPT regarding the Change Proposal. OPT is to review each Change Proposal and Contractor's supporting data, and within 30 days after receipt of the documents, direct the OAR to either approve or deny the Change Proposal in whole or in part. OAR is to issue a Change Order for an approved Change Proposal. The Contractor may deem the Change Proposal to be denied if OAR does not take action on the Change Proposal within 30 days and start the time for appeal of the denial under Article 12. 11.07 Execution of Change Orders A. Owner and Contractor are to execute Change Orders covering: 1. Changes in the Contract Price or Contract Times which are agreed to by Owner and Contractor, including undisputed sums or amount of time for Work actually performed in accordance with a Work Change Directive; 2. Changes in Contract Price resulting from Owner set -offs unless the set-off has been successfully challenged by Contractor; 3. Changes in the Work which are: a. Ordered by Owner pursuant to Paragraph 11.02.A, General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 39 11-25-2013 b. Required because Defective Work was accepted under Paragraph 14.04 or Owner's correction of Defective Work under Paragraph 14.07, or c. Agreed to by the Owner and Contractor; and 4. Changes in the Contract Price or Contract Times, or other changes under Paragraph 11.06 or Article 12. B. Acceptance of a Change Order by Contractor constitutes a full accord and satisfaction for any and all claims and costs of any kind, whether direct or indirect, including but not limited to impact, delay, or acceleration damages arising from the subject matter of the Change Order. Each Change Order must be specific and final as to prices and extensions of time, with no reservations or other provisions allowing for future additional money or time as a result of the particular changes identified and fully compensated in the Change Order. The execution of a Change Order by Contractor constitutes conclusive evidence of Contractor's agreement to the ordered changes in the Work. This Contract, as amended, forever releases any claim against Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on unchanged Work. C. All Change Orders require approval by either the City Council or Owner by administrative action. The approval process requires a minimum of 45 days after submission in final form with all supporting data. Receipt of Contractor's submission by Owner constitutes neither acceptance nor approval of a Bid, nor a warranty that the Bid will be authorized by City Council or administrative action. The time required for the approval process may not be considered a delay and no extensions to the Contract Times or increase in the Contract Price will be considered or granted as a result of the process. Contractor may proceed with Work if a Work Change Directive is issued. D. A Change Order is deemed to be in full force as if executed by Contractor if the Contractor refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07. 11.08 Notice to Surety A. Notify the surety of Modifications affecting the general scope of the Work, changes in the provisions of the Contract Documents, or changes in Contract Price or Contract Times. Adjust the amount of each Bond when Modifications change the Contract Price. ARTICLE 12 — CLAIMS 12.01 Claims A. Follow the Claims process described in this Article for the following disputes between Owner and Contractor: 1. A demand or assertion by Owner to Contractor, submitted in accordance with the requirements of the Contract Documents: a. Seeking an adjustment of Contract Price or Contract Times; General Conditions Corpus Christi Standards Regular Projects 00 72 00 - 40 11-25-2013 b. Contesting an initial decision by Designer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Contesting Designer's decision regarding a Change Proposal; d. Seeking resolution of a contractual issue that OAR has declined to address; or e. Seeking other relief with respect to the terms of the Contract. 2. A demand or assertion by Contractor to Owner, submitted in accordance with the requirements of the Contract Documents: a. Contesting OPT's decision regarding a Change Proposal; or b. Seeking resolution of a contractual issue that OPT has declined to address, B. Notify the OAR no later than 7 days after the start of the event giving rise to the Claim or, in the case of appeals regarding Change Proposals, within 7 days of the decision under appeal. The responsibility to substantiate a Claim rests with the entity making the Claim. In the case of a Claim by Contractor seeking an increase in the Contract Price or Contract Times, Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the amount of time or money requested accurately reflects the full amount to which Contractor is entitled. C. The entity receiving a Claim is to review the Claim giving full consideration to its merits. The Owner and Contractor are to seek to resolve the Claim through the exchange of information and direct negotiations. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of actions taken on a Claim. D. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after initiation of a Claim. 1. The agreement to mediate suspends the Claim submittal and response process. 2. Owner or Contractor may unilaterally terminate the mediation process after 60 days from the agreement to mediate and resume the Claim submittal and decision process as of the date of the termination. The Claim process resumes as of the date of the conclusion of the mediation, as determined by the mediator, if the mediation is unsuccessful in resolving the dispute. 3. Owner and Contractor are to each pay one-half of the mediator's fees and costs. E. If the entity receiving a Claim approves the Claim in part or denies it in part, this action is final and binding unless the other entity invokes the procedure described in Article 17 for final resolution of disputes within 30 days of this action. F. Notify the OAR if efforts to resolve the Claim are not successful and the Claim is denied. A denial of the Claim is final and binding unless the other entity invokes the procedure described in Article 17 for the final resolution of disputes within 30 days of the denial. G. The results of the agreement or action on the Claim is to be incorporated in a Change Order by the OAR to the extent they affect the Contract Documents, the Contract Price, or the Contract Times if the Owner and Contractor reach a mutual agreement regarding a Claim. General Conditions Corpus Christi Standards - Regular Projects 007200.41 11-25-2013 ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK 13.01 Cost of the Work A. The Cost of the Work is the sum of costs described in this Paragraph 13.01, except those excluded in Paragraph 13.01.D, necessary for the proper performance of the Work. The provisions of this Paragraph 13.01 are used for two distinct purposes: 1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price under cost-plus, time -and -materials, or other cost -based terms; or 2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other adjustment in Contract Price. B. Contractor is entitled only to those additional or incremental costs required because of the change in the Work or because of the event giving rise to the adjustment when the value of the adjustment is determined on the basis of the Cost of the Work. C. Costs included in the Cost of the Work may not exceed the prevailing costs in the proximate area of the Site for similar work unless agreed to by the Owner. Cost of the Work includes only the following items: 1. Payroll costs for Contractor's employees performing the Work, including one foreman per crew, and other required and agreed upon personnel for the time they are employed on the Work. Employees are to be paid according to wage rates for job classifications as agreed to by Owner. Where the Cost of the Work is being used under provisions of Paragraph 13.01.A.2, rates paid for this Work are to be the same as paid for Contract Work as established by certified payroll. Payroll costs may include: a. Actual costs paid for salaries and wages; b. Actual cost paid for fringe benefits, which may include: 1) Social security contributions, 2) Unemployment, 3) Excise and payroll taxes, 4) Workers' compensation, 5) Health and retirement benefits, 6) Bonuses, and 7) Paid time off for sick leave, vacations, and holidays; and c. Actual cost of additional compensation paid for performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, to the extent authorized by Owner. 2. Cost of materials and equipment furnished and incorporated in the Work, including transportation and storage costs and required Suppliers' field services. Contractor may retain cash discounts unless Owner provided funds to the Contractor for early payment of these materials and equipment. Cash discounts are to be credited to Owner if the Owner provides funds for early payment. Make provisions for trade General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 42 11-25-2013 discounts, rebates, refunds, and returns from sale of surplus materials and equipment and reduce the Cost of the Work by these amounts. 3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. Obtain competitive bids from Subcontractors acceptable to Owner unless Owner agrees to use Subcontractors proposed by the Contractor. Bids are to be opened in the presence of the OAR and other designated members for the OPT. Provide copies of bids to the OAR to use in determining, with the OPT, which bids are acceptable. The Subcontractor's Cost of the Work and fee are determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 13.01 if the subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee. 4. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work; b. Costs of materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site including transportation and maintenance costs; c. Costs of hand tools not owned by the workers consumed in the performance of the Work. Costs of hand tools not owned by the workers which are used but not consumed in the performance of the Work and which remain the property of Contractor, less their market value when Work is completed; d. Rental of construction equipment, including the costs of transporting, loading, unloading, assembling, dismantling, and removing construction equipment, whether rented from Contractor or others, in accordance with rental agreements approved by Owner. Costs for rental of equipment will not be paid when the equipment is no longer necessary for the Work. Justify idle time for equipment by demonstrating that it was necessary to keep equipment on Site for related future Work; e. Applicable sales, consumer, use, and other similar taxes related to the Work for which the Owner is not exempt, and which Contractor pays consistent with Laws and Regulations; f. Deposits lost for causes other than negligence of Contractor's Team; g. Royalty payments and fees for permits and licenses; h. Cost of additional utilities, fuel, and sanitary facilities at the Site; i. Minor expense items directly required by the Work; and j. Premiums for Bonds and insurance required by the Contract Documents. D. The Cost of the Work does not include the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals of partnerships and sole proprietorships, general managers, safety managers, superintendents, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office, for general administration of the Work and not specifically included in the agreed upon General Conditions Corpus Christi Standards - Regular Projects 00 72 00-43 11-25-2013 schedule of job classifications referred to in Paragraph 13.01.C.1 or specifically covered by Paragraph 13.01.C.4. These administrative costs are covered by the Contractor's fee. 2. Office expenses other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the actions of Contractor's Team for the correction of Defective Work, disposal of materials or equipment that do not comply with Specifications, and correcting damage to property. 5. Losses, damages, and related expenses caused by damage to the Work or sustained by Contractor in connection with the performance of the Work. Contractor is entitled to recover costs if covered by insurance provided in accordance with Article 6. Such losses may include settlements made with the approval of Owner. Do not include these losses, damages, and expenses in the Cost of the Work when determining Contractor's fee. 6. Any Indemnified Cost paid with regard to Contractor's indemnification of Owner's Indemnitees. 7. Other overhead or general expense costs and the costs of items not described in Paragraphs 13.01.C. E. The Contractor's fee is determined as follows: 1. In accordance with the Agreement when the Work is performed on a cost-plus basis. 2. In accordance with Paragraph 11.04.0 for Work covered by a Modification determined on the basis of Cost of the Work. F. Establish and maintain records in accordance with generally accepted accounting practices and submit these records, including an itemized cost breakdown together with supporting data, in a form and at intervals acceptable to OAR whenever the Cost of the Work is to be determined pursuant to this Paragraph 13.01. 13.02 Allowances A. Include allowances specified in the Contract Documents in the Contract Price and provide Work covered by the allowance as authorized by the Owner through the OAR. B. Contractor agrees that: 1. The cash allowance is used to compensate the Contractor for the cost of furnishing materials and equipment for the Work covered by the allowance item in the Contract Documents. Cost may include applicable taxes. Make provisions for trade discounts, rebates, and refunds and reduce the allowance costs by these amounts. 2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances; and 3. Costs for cash allowances and installation costs as described in Paragraphs 13.02.8.1 and 13.02.B.2 above are included in the Contract Price. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-44 11-25-2013 C. OAR will issue a Change Order to adjust the Contract Price by the difference between the allowance amount and the actual amount paid by Contractor for Work covered by the allowance. The Change Order will be issued at the time costs are incurred by Contractor for Work covered by the allowance and this Work is included on the Application for Payment. 13.03 Unit Price Work A. The initial Contract Price for Unit Price Work is equal to the sum of the unit price line items in the Agreement. Each unit price line item amount is equal to the product of the unit price for each line item times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparing Bids and determining an initial Contract Price. Payments to Contractor for Unit Price Work are to be based on actual quantities measured for Work in place. C. Each unit price is deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. OAR is to determine the actual quantities and classifications of Unit Price Work performed by Contractor to be incorporated into each Application for Payment. OAR's decision on actual quantities is final and binding, subject to the provisions of Paragraph 13.03.E. E. Contractor may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the Contract Price within 30 days of OAR's decision under Paragraph 13.03.D, if: 1. The total cost of a particular item of Unit Price Work amounts to 20 percent or more of the total Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by the Contractor differs by more than 20 percent from the estimated quantity of an item indicated in the Agreement; 2. There is no corresponding adjustment with respect to other items of Work; and 3. Contractor believes it has incurred additional expense as a result of this condition or if Owner believes that the quantity variation entitles Owner to an adjustment in the Contract Price. 13.04 Contingencies A. Contingency funds may be included in the Contract Price to pay for Work not defined specifically by the Contract Documents that is essential to the completion of the Project. Contingency funds will be as described in the Agreement. B. The contingency funds may be used for costs incurred by the Contractor provided these costs are approved by the Owner. Costs are to be determined and documented in accordance with Paragraph 13.01. The contingency funds are not to be used for the following items: 1. Cost overruns due to changes in material costs after the Contract Price is established, unless specific price escalation provisions are made in the Agreement. 2. Rework required to correct Defective Work. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 45 11-25-2013 3. Inefficiencies in completing the Work due to the Contractor's selected means, methods, sequences, or procedures of construction. 4. Work Contractor failed to include in the Contract Price. 5. Changes required by changes in Laws and Regulations enacted after the Contract Price is established. 6. Any Work that does not constitute a change in Scope in the Work included in the Contract Price. C. OAR is to issue a Change Order for approved expenditures from contingency funds. When the Change Order is issued, the costs are to be added to the Application for Payment. Contractor is to maintain a tabulation showing the contingency amount, adjustments to the contingency amount, and amounts remaining as the Project progresses. D. Any contingency amounts that are not included in a Change Order are retained by the Owner. A Change Order will be issued to deduct unused contingency amounts from the Contract Price prior to Final Payment. ARTICLE 14 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 14.01 Access to Work A. Provide safe access to the Site and the Work for the observation, inspection, and testing of the Work in progress. Contractor can require compliance with Contractor's safety procedures and programs as part of providing safe access. 14.02 Tests, Inspections, and Approvals A. OPT may retain and pay for the services of an independent inspector, testing laboratory, or other qualified individual or entity to perform inspections. Notify OAR when the Work is ready for required inspections and tests. Provide adequate notice to allow for coordination with entities providing inspection or testing as determined by the OAR. Cooperate with inspection and testing personnel and assist with providing access for required inspections, tests, and handling test specimens or Samples. B. Arrange for and facilitate inspections, tests, and approvals required by Laws or Regulations of governmental entities having jurisdiction that require Work to be inspected, tested, or approved by an employee or other representative of that entity. Pay associated costs and furnish OAR with the required certificates of inspection or approval. C. Arrange, obtain, and pay for inspections and tests required: 1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to OPT; 2. To attain OPT's acceptance of materials or equipment to be incorporated in the Work; 3. By manufacturers of equipment furnished under the Contract Documents; 4. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 46 11-25-2013 5. For acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work; 6. For re -inspecting or retesting Defective Work, including any associated costs incurred by the testing laboratory for cancelled tests or standby time; and 7. For retesting due to failed tests. D. Provide independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to OPT to provide these inspections and tests. 14.03 Defective Work A. It is Contractor's obligation to assure that the Work is not Defective. B. OPT has the authority to determine whether Work is Defective and to reject Defective Work. C. OAR is to notify Contractor of Defective Work of which OPT has actual knowledge. D. Promptly correct Defective Work. E. Take no action that would void or otherwise impair Owner's special warranties or guarantees when correcting Defective Work. F. Pay claims, costs, losses, and damages arising out of or relating to Defective Work, including: 1. Costs for correction, removal, and replacement of Defective Work; 2. Cost of the inspection and testing related to correction of Defective Work; 3. Fines levied against Owner by governmental authorities because of Defective Work; and 4. Costs of repair or replacement of work of others resulting from Defective Work. 14.04 Acceptance of Defective Work A. Owner may elect to accept Defective Work instead of requiring correction or removal and replacement of Defective Work provided: 1. This acceptance occurs prior to final payment; 2. Designer confirms that the Defective Work is in general accordance with the design intent and applicable engineering or architectural principles; and 3. Designer confirms that acceptance of the Defective Work does not endanger public health or safety. B. Owner may impose a reasonable set-off against payments due under Article 15 for costs associated with OPT's evaluation of Defective Work to determine if it can be accepted and to determine the diminished value of the Work. Owner may impose a reasonable set-off against payments due under Article 15 if the parties are unable to agree as to the decrease in the Contract Price to compensate Owner for the diminished value of Defective Work accepted. OAR is to issue a Modification for acceptance of the Defective Work prior to final payment. Pay an appropriate amount to Owner if the acceptance of Defective Work occurs after final payment. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 47 11-25-2013 14.05 Uncovering Work A. OPT has the authority to require inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. B. Work that is covered prior to approval of the OAR must be uncovered for OPT's observation if requested by OAR. Pay for uncovering Work and its subsequent restoration unless Contractor has given OAR timely notice of Contractor's intention to cover the Work and OAR fails to act with reasonable promptness in response to this notice. C. Provide necessary labor, material, and equipment and uncover, expose, or otherwise make available the portion of the Work suspected of being Defective for observation, inspection, or testing if OPT considers it necessary or advisable that covered Work be observed by Designer or inspected or tested by others as directed by the OAR. 1. Pay for claims, costs, losses, and damages associated with uncovering, exposing, observing, inspecting, and testing if it is found that the uncovered Work is Defective. Pay costs for correction of Defective Work. Pay for reconstruction, repair, or replacement of work of others if it is found that the uncovered Work is Defective. 2. Submit a Change Proposal for an increase in the Contract Price or an extension of the Contract Times directly attributable to this uncovering, exposure, observation, inspection, testing, and reconstruction if the uncovered Work is found to be not Defective. 14.06 Owner May Stop the Work A. Owner may order Contractor to stop the Work if: 1. The Work is Defective; 2. Contractor fails to supply sufficient skilled workers or suitable materials or equipment; or 3. Contractor performs Work that may fail to conform to the Contract Documents when completed. This stop work order is to remain in effect until the reason for the stop work order has been eliminated. Owner's right to stop the Work does not create a duty to exercise this right for the benefit of Contractor's Team or surety. 14.07 Owner May Correct Defective Work A. Owner may remedy the following deficiencies after 7 days' notice to Contractor if: 1. Contractor fails to correct Defective Work, or to remove and replace rejected Work as required by OPT; 2. Contractor fails to perform the Work in accordance with the Contract Documents; or 3. Contractor fails to comply with other provisions of the Contract Documents. B. Owner may: 1. Exclude Contractor from the Site; General Conditions Corpus Christi Standards - Regular Projects 00 72 00-48 11-25 2013 2. Take possession of the Work and suspend Contractor's services related to the Work; and 3. Incorporate stored materials and equipment in the Work. C. Allow OPT access to the Site and off Site storage areas to enable Owner to exercise the rights and remedies under this Paragraph 14.07. D. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 14.07 are to be charged against Contractor as a set-off against payments due under Article 15. These claims, costs, losses, and damages include costs of repair and the cost of replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor's Defective Work. E. Contractor is not allowed an extension of the Contract Times because of delays in the performance of the Work attributable to the exercise of the Owner's rights and remedies under this Paragraph 14.07. ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD 15.01 Progress Payments A. Progress payments are to be submitted to the OAR on the Application for Payment form provided by the OAR following procedures in the Contract Documents. 1. Progress payments for lump sum Work are to be paid on the basis of the earned value to date at the amounts shown in the Schedule of Values submitted as required by Paragraph 2.03. Final payment will be for the total lump sum amount. 2. Progress payments for Unit Price Work are based on the number of units completed as determined under the provisions of Paragraph 13.03. 3. Progress payments for Work to be paid on the basis of the Cost of the Work per Paragraphs 13.01, 13.02 and 13.04 are to be paid for Work completed by Contractor during the pay period. B. Reduction in Payment by Owner: 1. Owner is entitled to impose a set-off against payment based on the following: a. Claims made against Owner or costs, losses, or damages incurred by Owner related to: 1) Contractor's conduct in the performance of the Work, including, but not limited to, workplace injuries, non-compliance with Laws and Regulations, or patent infringement; or 2) Contractor's failure to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site, including but not limited to, workplace injuries, property damage, and non-compliance with Laws and Regulations. b. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 49 11-25-2013 c. Work is Defective, or completed Work has been damaged by Contractor's Team, requiring correction or replacement; d. Owner has been required to correct Defective Work or complete Work in accordance with Paragraph 14.07; e. The Contract Price has been reduced by Change Orders; f. Events have occurred that would constitute a default by Contractor justifying a termination for cause; g. Liquidated damages have accrued as a result of Contractor's failure to achieve Milestones, Substantial Completion, or completion of the Work; h. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to Owner to secure the satisfaction and discharge of these Liens; i. Owner has been notified of failure to make payments to Subcontractors, Suppliers, or Employees; Failure to submit up-to-date record documents as required by the Contract Documents; k. Failure to submit monthly Progress Schedule updates or revised schedules as requested by the OAR; I. Failure to provide Project photographs required by the Contract Documents; m. Failure to provide Certified Payroll required by the Contract Documents; n. Compensation for OPT for overtime charges of OAR or RPR, third review of documents, review of substitutions, re -inspection fees, inspections or designs related to correction of Defective Work, or other services identified as requiring payment by the Contractor; o. Costs for tests performed by the Owner to verify that Work previously tested and found to be Defective has been corrected; p. OPT has actual knowledge of the occurrence of events that would constitute a default by Contractor and therefore justify termination for cause under the Contract Documents with associated cost impacts; q. Other items entitling Owner to a set-off against the amount recommended; or r. Payment would result in an over -payment of the Contract Price. 2. Compensation for services of OPT staff is to be at the rates established by negotiations between OPT and Contractor. j• 3. OAR is to notify Contractor stating the amount and the reasons for an imposed set-off. The Owner is to pay the Contractor amounts remaining after deduction of the set-off. Owner is to pay the set-off amount agreed to by Owner and Contractor if Contractor remedies the reasons for the set-off. Contractor may submit a Change Proposal contesting the set-off. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-50 11-25-2013 C. Delayed Payments: 1. No money shall be paid by Owner upon any claim, debt, demand, or account whatsoever, to any person, firm, or corporation who is in arrears to Owner for taxes; and Owner shall be entitled to counterclaim and automatically offset against any such debt, claim, demand, or account in the amount of taxes so in arrears and no assignment or transfer of such debt, claim, demand, or account after said taxes are due, shall affect the right of Owner to offset said taxes, and associated penalties and interest if applicable, against the same. 2. No payment will be made for Work authorized by a Work Change Directive until the Work Change Directive is incorporated into a Change Order. Payment can be included in an Application for payment when the Change Order is approved. D. The Owner is to pay the amount of payment recommended by the OAR within 30 days after receipt of the Application for Payment and accompanying documentation from the OAR. 15.02 Contractor's Warranty of Title A. Contractor warrants and guarantees that title to the Work, materials, and equipment furnished under the Contract is to pass to Owner free and clear of Liens, title defects, and patent, licensing, copyright, or royalty obligations no later than 7 days after the time of payment by Owner of the Application for Payment which includes these items. 15.03 Substantial Completion A. Notify OAR when Contractor considers the entire Work substantially complete and request a Certificate of Substantial Completion. B. OPT is to inspect the Work after Contractor's notification to determine if the Work is substantially complete. OAR is to either issue the Certificate of Substantial Completion which sets the date of Substantial Completion or notify Contractor of the reasons the Project is not considered to be substantially complete. C. The OPT and Contractor are to meet to discuss Owner's use or occupancy of the Work following Substantial Completion. Items to be discussed at this meeting include: 1. Review of insurance policies with respect to the end of the Contractor's coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner; 2. Owner's assumption of responsibility for security, operation, protection of the Work, maintenance, and utilities upon Owner's use or occupancy of the Work; 3. Contractor's obligations for operations and maintenance during performance and acceptance testing; 4. Contractor's access to the Site to complete punch list items; and 5. Procedures for correction of Defective Work during the 1 -year correction period. 15.04 Partial Utilization A. Owner may use or occupy substantially completed parts of the Work which are specifically identified in the Contract Documents, or which OPT and Contractor agree constitutes a General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 51 11-25-2013 separately functioning and usable part of the Work prior to Substantial Completion of the Work. Owner must be able to use that part of the Work for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. Contractor and OPT are to follow the procedures of Paragraph 15.03 for this part of the Work. B. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Article 6. 15.05 Final lnspection A. OPT is to make a final inspection upon notice from Contractor that the entire Work or portion to be accepted under Paragraph 15.04 is complete. OAR is to notify Contractor of Work determined to be incomplete or Defective. Immediately take corrective measures to complete the Work and correct Defective Work. 15.06 Final Payment A. Make Application for Final Payment after completing required corrections identified during the final inspection and delivering items and documents required by the Contract Documents. Provide the following with the final Application for Payment: 1. Consent of Surety to Final Payment acknowledging unsettled disputes; and 2. Certification of Payment of Debts and Claims or Certification of Release of Liens or furnish receipts or releases in full from Subcontractors and Suppliers. B. OAR is to either recommend payment of the final Application for Payment to Owner if OPT is satisfied that the Work has been completed and Contractor's other obligations under the Contract Documents have been fulfilled or notify the Contractor of the OPT's reasons for not recommending final payment. C. The Work is complete, subject to surviving obligations, when it is ready for final payment as established by the OAR's recommendation of payment of the final Application for Payment to Owner and the issuance of a Certificate of Final Completion. D. The Owner is to pay the amount of final payment recommended by the OAR within 30 days after receipt of the final Application for Payment and accompanying documentation from the OAR. 15.07 Waiver of Claims A. The making of final payment does not constitute a waiver by Owner of claims or rights against Contractor. Owner expressly reserves claims and rights arising from: 1. Unsettled Liens or claims for non-payment; 2. Defective Work appearing after final inspection pursuant to Paragraph 15.05; 3. Contractor's failure to comply with the Contract Documents or the terms of specified special guarantees; or 4. Contractor's continuing obligations under the Contract Documents. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 52 11-25-2013 B. Contractor waives claims and rights against Owner by accepting final payment with the exception of those Claims made in accordance with the provisions of Article 17 and specifically noted in the Certificate of Final Completion. 1S.08 Correction Period A. Promptly correct Defective Work without cost to Owner for 1 year after the date of Substantial Completion or longer periods of time prescribed by the terms of the Contract Documents. B. Promptly correct damages to the Site or adjacent areas that Contractor has arranged to use through construction easements or other agreements. Promptly correct damages to Work or the work of others. Make corrections without cost to Owner. C. Owner may have the Defective Work and damages described in Paragraphs 15.08.A and 15.08.8 corrected if Contractor does not comply with the terms of OAR's instructions, or in an emergency where delay would cause serious risk of Toss or damage. D. Contractor's obligation to indemnify Owner's Indemnitees for claims arising out of or related to the correction of Defective Work are as set forth in Paragraph 7.14. E. The correction period starts to run from the date when a specific item of equipment or systems are placed in continuous beneficial use by Owner before Substantial Completion of Work if so provided in the Specifications or if accepted for beneficial use by the Owner. F. The correction period is extended for an additional period of 1 year for Defective Work corrected after the date of Substantial Completion or after the accepted date the correction period starts to run as described in Paragraph 15.08.E. This extended correction period starts to run when Defective Work has been satisfactorily corrected under this Paragraph 15.08. G. Contractor's obligations under this Paragraph 15.08 are in addition to other obligations or warranties. The provisions of this Paragraph 15.08 are not a substitute for, or a waiver of, the provisions of applicable statutes of limitation or repose. ARTICLE 16 —SUSPENSION OF WORK AND TERMINATION 16.01 Owner May Suspend Work A. Owner may suspend the Work or a portion of the Work for a period of not more than 90 consecutive days, at any time and without cause, by notice to Contractor. This notice fixes the date on which Contractor is to resume Work. Contractor is entitled to adjustments in the Contract Price and Contract Times directly attributable to this suspension only if efforts are made to mitigate the cost impacts of the suspension. Meet with the Owner within 10 days of the notice of suspension to discuss specific strategies to reduce or eliminate the cost of delays. Submit a Change Proposal seeking an adjustment no later than 30 days after the date fixed for resumption of Work. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-53 11-25-2013 16.02 Owner May Terminate for Cause A. The occurrence of one or more of the following events constitutes a default by Contractor and justifies termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents, including failure to supply sufficient skilled workers or suitable materials or equipment; 2. Failure to adhere to the Progress Schedule; 3. Failure of the Contractor to provide a satisfactory replacement Bond or insurance in the event either is lost or canceled; 4. Failure of Contractor to maintain financial solvency to adequately complete the Project as indicated by one or more of the following: a. A petition of bankruptcy is filed by or against Contractor, b. Contractor is adjudged as bankrupt or insolvent, c. Contractor or surety makes a general assignment for the benefit of creditors, d. A receiver is appointed for the benefit of Contractor's creditors, or e. A receiver is appointed on account of Contractor's insolvency; 5. Contractor's disregard of Laws or Regulations of public bodies having jurisdiction; or 6. Contractor's repeated disregard of the authority of OPT. B. Contractor and surety must provide adequate assurance of future performance in accordance with the Contract Documents that is satisfactory to Owner if Contractor is believed to be in financial distress due to the existence of one or more of the indicators listed in Paragraph 16.02.A.4. Owner may terminate this Contract if Contractor and surety fail to provide adequate documentation satisfactory to Owner within 10 days of OAR's request for this information. C. Owner may declare Contractor to be in default, give notice to Contractor and surety that the Contract is terminated, and enforce the rights available to Owner under the Performance Bond after giving Contractor and surety 10 days' notice that one or more of the events identified in Paragraph 16.02.A has occurred. D. Owner may exclude Contractor from the Site, take possession of the Work, incorporate the materials and equipment stored and complete the Work as Owner may deem expedient if Owner has terminated the Contract for cause. E. Owner may elect not to proceed with termination of the Contract under this Paragraph 16.02 if Contractor begins to cure the cause for termination within 7 days of receipt of notice of intent to terminate. F. Contractor is not entitled to receive further payments until the Work is completed if Owner proceeds as provided in this Paragraph 16.02. The amount of the Contract Price remaining is to be paid to the Contractor if the unpaid balance exceeds the cost to complete the Work. This cost to complete the Work may include related claims, costs, losses, damages, and the fees and charges of engineers, architects, attorneys, and other professionals retained by Owner. Pay the difference to Owner if the cost to complete the Work including General Conditions Corpus Christi Standards - Regular Projects 00 72 00-54 11-25-2013 related claims, costs, losses, and damages exceeds the unpaid balance of the Contract Price. Claims, costs, losses, and damages incurred by Owner are to be reviewed as to their reasonableness and incorporated in a Change Order by OAR. Owner is not required to obtain the lowest price for the Work performed when exercising its rights or remedies under this paragraph. G. Termination does not affect the rights or remedies of Owner against Contractor or against surety under the Payment Bond or Performance Bond. Owner does not release Contractor from liability by paying or retaining money due Contractor. 16.03 Owner May Terminate For Convenience A. Owner may terminate the Contract without cause after giving 7 days' notice to Contractor of the effective date of termination. Contractor is to be paid for the following if Owner terminates for convenience: 1. Work completed in accordance with the Contract Documents prior to the effective date of termination; 2. Actual costs sustained prior to the effective date of termination for Work in progress, plus a fee calculated in accordance with Paragraph 11.04.D.; and 3. Reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal. B. No payment is payable to Contractor for loss of anticipated overhead, profits or revenue, or other economic loss arising out of or resulting from this termination. 16.04 Contractor May Stop Work or Terminate A. Contractor may terminate the Contract and issue a Change Proposal requesting payment from Owner on the same terms as provided in Paragraph 16.03 after 10 days' notice to OAR provided that, through no act or fault of Contractor: 1. The Work is suspended for more than 90 consecutive days by Owner; 2. OAR fails to act on an Application for Payment within 30 days after it is submitted; or 3. Owner fails to pay Contractor sums determined to be due, other than the final payment, within 30 days after payment is recommended by OAR; and 4. OPT does not remedy this suspension or failure within 10 days after receipt of the notice. B. Contractor may stop Work, without prejudice to other rights or remedies in lieu of terminating the Contract if OAR has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has failed to pay Contractor within 30 days after payment is recommended by OAR. The provisions of this paragraph are not intended to preclude Contractor from submitting a Change Proposal for an adjustment in Contract Price or Contract Times for damage directly attributable to Contractor's stopping the Work as permitted by this paragraph. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 55 11-25-2013 ARTICLE 17 — FINAL RESOLUTION OF DISPUTES 17.01 Methods and Procedures A. The Owner or Contractor may appeal a Claim, approved or denied in part or in full, by: 1. Electing to invoke the dispute resolution process if one is provided for in the Supplementary Conditions; 2. Agreeing with the other party to submit the dispute to a dispute resolution process; or 3. Notifying the other party of the intent to submit the dispute to a court of competent jurisdiction if no dispute resolution process is provided for in the Supplementary Conditions or mutually agreed to. ARTICLE 18 — MISCELLANEOUS 18.01 Computation of Times A. Exclude the first day and include the last day when determining dates for a period of time referred to in the Contract Documents by days. The last day of this period is to be omitted from the determination if it falls on a Saturday, Sunday, or a legal holiday. B. All references and conditions for a Calendar Day Contract in the Contract Documents apply for a Fixed Date Contract. A Fixed Date Contract is one in which the calendar dates for reaching Substantial Completion and/or final completion are specified in lieu of identifying the number of days involved. 18.02 Independent Contractor A. Contractor is to perform its duties under this Contract as an independent contractor. The Contractor's Team and their personnel are not considered to be employees or agents of the Owner. Nothing in this Contract is to be interpreted as granting Contractor's Team the right or authority to make commitments for the Owner. This Contract does not constitute or create a joint venture, partnership, or formal business organization of any kind. 18.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available to the Owner or Contractor by these General Conditions are in addition to, and are not a limitation of, the rights and remedies which are otherwise imposed or available by: 1. Laws or Regulations; 2. Special warranties or guarantees; or 3. Other provisions of the Contract Documents. B. The provisions of this Paragraph 18.03 are as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. General Conditions Corpus Christi Standards - Regular Projects 00 72 00-56 11-25-2013 18.04 Limitation of Damages A. Owner's Indemnitees are not liable to Contractor for claims, costs, losses, or damages sustained by Contractor's Team associated with other projects or anticipated projects. 18.05 No Waiver A. The failure of Owner or Contractor to enforce any provision of this Contract does not constitute a waiver of that provision, affect the enforceability of that provision, or the enforceability of the remainder of this Contract. 18.06 Severability A. If a court of competent jurisdiction renders a part of this Contract invalid or unenforceable, that part is to be severed and the remainder of this Contract continues in full force. 18.07 Survival of Obligations A. Representations, indemnifications, warranties, guarantees, and continuing obligations required by the Contract Documents survive completion and acceptance of the Work or termination of the Contract. 18.08 No Third Party Beneficiaries A. Nothing in this Contract can be construed to create rights in any entity other than the Owner and Contractor. Neither the Owner nor Contractor intends to create third party beneficiaries by entering into this Contract. 18.09 Assignment of Contract A. This Contract may not be assigned in whole or in part by the Contractor without the consent of the Owner. 18.10 No Waiver of Sovereign Immunity A. The Owner has not waived its sovereign immunity by entering into and performing its obligations under this Contract. 18.11 Controlling Law A. This Contract is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 18.12 Conditions Precedent to Right to Sue A. Notwithstanding anything herein to the contrary, Contractor will have at least 90 days to give notice of a claim for damages as a condition precedent to the right to sue on the Contract, subject to the contractual Claims and Alternative Dispute Resolution processes set forth herein. General Conditions Corpus Christi Standards - Regular Projects 00 72 00 - 57 11-25-2013 18.13 Waiver of Trial by Jury A. Owner and Contractor agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 18.14 Compliance with Laws A. Comply with the Americans with Disabilities Act of 1990 as amended (ADA) and Texas Architectural Barriers Act and all regulations relating to either statute. B. Comply with all applicable federal, state, and city laws, rules and regulations. 18.15 Enforcement A. The City Manager or designee and the City Attorney or designee, are fully authorized and will have the right to enforce all legal rights and obligations under the Contract without further authorization from City Council. 18.16 Subject to Appropriation A. Funds are appropriated by the Owner on a yearly basis. If for any reason funds are not appropriated in any given year, the Owner may direct suspension or termination of the Contract. If the Contractor is terminated or suspended and the Owner requests remobilization at a later date, the Contract may request payment for demobilization/remobilization costs. Such costs shall be addressed through a Change Order to the Contract. Under no circumstances may a provision or obligation under this Contract be interpreted as contrary to this paragraph. 18.17 Contractor's Guarantee as Additional Remedy A. The Contractor's guarantee is a separate and additional remedy available to benefit the Owner. Neither the guarantee nor the expiration of the guarantee period will operate to reduce, release, or relinquish any rights or remedies available to the Owner for any claims or causes of action against the Contractor or any other individual or entity. END OF SECTION General Conditions Corpus Christi Standards - Regular Projects 00 72 00 -58 11-25-2013 00 72 02 WAGE RATE REQUIREMENTS ARTICLE 1-- PREVAILING WAGE RATE REQUIREMENTS 1.01 PAYMENT OF PREVAILING WAGE RATES A. Contractor and any Subcontractors employed on this Project shall pay not less than the rates established by the Owner as required by Texas Government Code Chapter 2258. 1.02 RECORDS A. In accordance with Tex. Gov't Code §2258.024, the Contractor and its Subcontractors, if any, shall keep a record showing: 1. The name and occupation of each worker employed by the Contractor or Subcontractor in the construction of the Work; and 2. The actual per diem wages paid to each worker. B. The record shall be open at all reasonable hours to inspection by the officers and agents of the Owner. 1.03 LIABILITY; PENALTY; CRIMINAL OFFENSE A. Tex. Gov't Code §2258.003 — Liability: An officer, agent, or employee of the Owner is not liable in a civil action for any act or omission implementing or enforcing Chapter 2258 unless the action was made in bad faith. 8. Tex. Gov't Code §2258.053(b) — Penalty: Any Contractor or Subcontractor who violates the requirements of Chapter 2258, shall pay to the Owner, on whose behalf the Contract is made, $60 for each worker employed or each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the Contract. C. Tex. Gov't Code §2258.058 — Criminal Offense: 1. An officer, agent, or representative of the Owner commits an offense if the person willfully violates or does not comply with a provision of Chapter 2258. 2. Any Contractor or Subcontractor, or an agent or representative of the Contractor or Subcontractor, commits an offense if the person violates Tex. Gov't Code §2258.024. 3. An offense is punishable by: a. A fine not to exceed $500; b. Confinement in jail for a term not to exceed 6 months; or c. Both a fine and confinement. Wage Rate Requirements E14061 Pier R Replacement Exhibit G Page 1 of 2 1.04 PREVAILING WAGE RATES Note to Specifier: Davis -Bacon Wage Rates can be found at http://www.wdol.gov/dba.aspx. Use the Wage Rates for Nueces County. Select the WD Determination that is appropriate for the Project. Copy the Wage Rate directly from the DOL website to this Section or insert the Owner -determined wage rate schedule as required by Texas Government Code Chapter 2258. A. The minimum rates for various labor classifications as established by the Owner are shown below: Wage Determination Construction Type Project Type (WD) No TX -31 Heavy Heavy Construction Projects (including Sewer and Water Line Construction and Drainage Projects) TX -40 Highway Highway Construction Projects (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). TX -45 Heavy Pipeline - On -Shore Pipeline Construction TX -46 Heavy Pipeline-Off•Shore Construction TX -51 Building Building Construction Projects (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) TX -75 Heavy Dredging projects along the Texas gulf coast area including all public channels, harbors, rivers, tributaries and the Gulf Intracoastal Waterways. TX -81 Heavy Tunnel Construction Projects (Bored, 48" In Diameter Or More) END OF SECTION Wage Rate Requirements E14061 Pier R Replacement Exhibit G Page 2 of 2 00 73 00 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement SECTION 00 72 00 GENERAL CONDITIONS and other provisions of the Contract Documents. All provisions not amended or supplemented in these Supplementary Conditions remain in effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings stated below. ARTICLE 1— DEFINITIONS AND TERMINOLOGY SC -1.01 DEFINED TERMS A. Add the following sentence to the end of Paragraph 1.01.A.22: "In a Design -Build Contract, the term Contractor includes the Design -Builder." B. Add the following sentence to the end of Paragraphs 1.01.A.26: "In a Design -Build Contract, the term Designer includes the Design -Builder." C. Add the following term as Paragraph 1.01.A.62: "Design -Builder —A team that includes a licensed engineer and a construction contractor to provide design and construction services, selected by the Owner under Chapter 2269 of the Texas Government Code." D. Add the following term as Paragraph 1.01.A.63: "Project Manual —That portion of the Contract Documents which may include the following: introductory information; solicitation requirements and responses, proposal, Contract forms and General and Supplemental General Conditions; General Requirements; Specifications; Drawings, Project Safety Manual; and Addenda." ARTICLE 2 — PRELIMINARY MATTERS SC -2.03 BEFORE STARTING CONSTRUCTION A. Delete Paragraph 2.03.A. entirely and insert the following: "2.03 Design -Builder's Design Phase Services A. Design -Builder's Representative shall be an employee of the Design -Builder (unless this requirement is waived in writing by the Owner) shall be reasonably available to Owner, and shall have the necessary expertise and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder shall replace the Design -Builder's Representative upon Owner's request in the event the Design -Builder's Representative is unable to perform to Owner's satisfaction. B. Design -Builder shall provide Owner with a monthly status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (11) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, and (iv) other Supplementary Conditions E14061 Pier R Replacement Design -Build 007300-1 11-25-2013 Exhibit H Page 1 of 6 items require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). C. Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section 2.03.D hereof, an initial schedule for the execution of the Work for Owner's review and approval. The initial schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised by the preliminary schedule and as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the initial schedule shall not be construed as relieving Design - Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. Design -Builder's schedules shall identify the critical path for completing the Work. D. The parties will meet within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. Design - Builder shall submit the following to Owner's Representative for Owner's review and approval no later than the meeting contemplated in this paragraph: 1. Letter designating Design -Builder's Representative; and 2. Completed Statement of Non -Inclusion of Asbestos Containing Material (Design Consultant - Prior to Design)." 3. Preliminary Schedule of Values for all of the Work. The Final Schedule of Values for the Construction Phase services portion of the Work will be approved at the time of Owner'S acceptance of the GMP. The approved Initial Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the services of the Work. This Initial Schedule of Values will include but separately itemize the services for the Preliminary Phase Services, and the Professional Services Fee, from the cost of Construction. 4. Proposed Production Schedule for Preliminary Phase Services and Professional Services Fee in the form and substance required by the Agreement which will be used for determining the amount to be paid for those services over the duration of the Contract. E. Design -Builder shall not substitute any Subcontractor, Sub -Subcontractor, person or organization that has been accepted by Owner, unless the substitute has been accepted in writing by Owner. Supplementary Conditions E14061 Pier R Replacement Design -Build 007300-2 11-25-2013 Exhibit H Page 2 of 6 F. Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Design Consultant. G. The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Notwithstanding the preceding sentence, if the parties agree upon specific performance standards for any aspect of the Work, which standards are to be set forth in an exhibit to the Agreement entitled "Performance Standard Requirements," the design professional services shall be performed to achieve such standards. H. Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design -Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. I. Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and approve, the Construction Documents in accordance with the procedures set forth above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit two sets of approved Construction Documents to Owner prior to commencement of construction. J. Owner's review and approval of interim design submissions and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. Supplementary Conditions E14061 Pier R Replacement Design -Build 007300-3 11-25-2013 Exhibit H Page 3 of 6 K. To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. L. Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. M. The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design - Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work, or if a Guaranteed Maximum Price is established after the date of the Agreement, the date the parties agree upon the Guaranteed Maximum Price. Such effects may include, without limitation, revisions Design -Builder is required to make to the Construction Documents because of changes in Legal Requirements. N. Except as otherwise provided in the Contract Documents, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. O. Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK SC -4.04 DELAYS IN CONTRACTOR'S PROGRESS A. The allocation for delays in the Contractor's progress for weather days as set forth in General Conditions Paragraph 4.04.D are to be determined as follows: 1. Include weather days in developing the schedule for construction. Schedule construction so that the Work will be completed within the Contract Times assuming that these weather days will occur. Incorporate residual impacts following weather days such as limited access to and within the Site, inability to work due to wet or muddy Site conditions, delays in delivery of equipment and materials, and other impacts related to weather days when developing the schedule for construction. Include all costs associated with these weather days and residual impacts in the Contract Price. 2. A weather day shall be defined at the Preconstruction meeting. An extension of time due to weather must be in writing and agreed to by both parties. Supplementary Conditions E14061 Pier R Replacement Design -Build 007300-4 11-25-2013 Exhibit H Page 4 of 6 ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE CONDITIONS AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS SC -5.03 SUBSURFACE AND PHYSICAL CONDITIONS A. This Supplementary Condition identifies documents referenced in General Conditions Paragraph 5.03.A which describe subsurface and physical conditions. 1. Geotechnical Reports include the following: Will be made available upon completion. 2. Drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) include the following: Will be made available upon completion. SC -5.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE B. Delete Paragraph 5.06 entirely and insert the following: "5.06 Hazardous Environmental Conditions at Site A. No reports of explorations or tests for Hazardous Environmental Conditions at or contiguous to the Site are known to Owner." ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES SC -7.04 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Add the following sentence to the end of Paragraph 7.04.A: "The Contractor must perform at least 10 percent of the Work, measured as a percentage of the Contract Price, using its own employees." SC -7.14 A. Delete Paragraph 7.14.A entirely and insert the following: "A. The Contractor shall indemnify, defend by counsel satisfactory to the City Attorney, and hold harmless the Owner's Indemnitees from and against claims, damages, losses and expenses, including but not limited to attorney's fees or dispute resolution costs, arising out of or resulting from performance of the Work, violations of laws or regulations, or bodily injury, death or destruction of tangible property caused by the acts or omissions of the Contractor's Team, regardless of whether such claim, damage, loss or expense is alleged to be caused in part by an Owner's Indemnitee hereunder. This indemnity expressly includes bodily injury and death of an employee of the Contractor's Team of any tier unless caused by the sole negligence of Owner's Indemnitees, as determined by a court of competent jurisdiction. B. Delete Paragraph 7.14.B entirely and insert the following: "B. The Contractor shall indemnify, defend by counsel satisfactory to the City Attorney, and hold harmless the Owner's Indemnitees from and indemnified costs, arising out of or relating to: (I) the failure to control, contain or remove a constituent of concern brought to the site by Contractor's Team or a hazardous environmental condition created by contractor's team, (ll) Contractor's Team's action or inaction related to damages, delays, disruptions or interference with the work at or adjacent to the site, or (Ill) the correction of Supplementary Conditions E14061 Pier R Replacement Design -Build 007300-5 11-25-2013 Exhibit H Page 5 of 6 defective work. Nothing in this paragraph obligates the contractor to indemnify the owner's indemnitees from the consequences of the Owner's and Owner's Indemnitees sole negligence, unmixed with the fault of any other party. END OF SECTION Supplementary Conditions E14061 Pier R Replacement Design -Build 007300-6 11-25-2013 Exhibit H Page 6 of 6 00 74 00 SPECIAL CONDITIONS FOR TEXAS PARKS AND WILDLIFE GRANT Note to Specifier: The City may participate in a grant or loan program. Grants and Loans from governmental entities (Funding Agency) often require that their conditions and reporting requirements be included in the Contract Documents as a conditions of the grant or loan. This Specification Section provides a location for any policies. forms. or other requirements of the Funding Agency to be inserted exactly as required by that entity. Since precedence is given to these documents, they must be reviewed to determine that there are no significant conflicts with the documents prepared for that project. Resolve any conflicts as soon as possible, but unless the conflict represents a significant risk to the Designer or the City, the grant or loan agency provisions will govern. Note to Specifier: Notice that the Project is being funded by the Funding Agency should be noted in SECTION 00 11 16 INVITATION TO BID. Any forms or other documentation that must be submitted with the Bid should be discussed in SECTION 00 21 13 INSTRUCTIONS TO BIDDERS. Forms required as part of the Application for Payment should be referenced in SECTION 0129 00 APPLICATION FOR PAYMENT. Limit any other discussion of program changes to keep these conditions contained. Change the title of this Specification Section. and in other locations that reference the program to use the grant or loan agency nomenclature. ARTICLE 1—GENERAL 1.01 FUNDING AGENCY REQUIREMENTS A. This Project is funded in whole or in part by Texas Parks and Wildlife (Funding Agency). The Funding Agency requires specific conditions and reporting as a condition for providing this funding. The conditions and reporting forms of the Funding Agency are included in the Contract Documents. The Funding Agency requirements govern in the event of any conflict between the Funding Agency requirements and any other provision of the Contract Documents. Note to Specifier: Funding Agency documents must have their own number in the Section 00 74 XX series to make sure they are indexed properly in the Table of Contents (and thus made a part of the Contract Documents). This will also put them in proper order when downloaded or stored digitally. Use the Funding Agency document name as the title and reference the Funding Agency document number to make sure documents track properly. B. The applicable Funding Agency conditions and reporting forms are as follows: Specification Title Funding Agency Section Document No. 35 Transient Boat Slips Y -23-D Corpus Christi Coopers Alley Transient Boat Slips Special Conditions for Texas Parks and Wildlife E14061 Pier R Replacement END OF SECTION TWPD Y -23-D 007400-1 11-25 2013 Exhibit I Page 1 of 1 0133 02 SHOP DRAWINGS 1.00 GENERAL 1.01 WORK INCLUDED A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Shop Drawings, Samples, or mockups. Contract modifications can only be approved by Change Order or Field Order. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Shop Drawings not meeting these criteria will be rejected. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents, or will be if deviations requested per Paragraph 1.10 are approved. C. Furnish and install products that fully comply with the information included in the document submittal. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Provide Shop Drawings for all dock fabrication components, special fittings, fasteners and equipment required for substantial completion of Pier R Replacement. Refer to Exhibit A-1. B. Include Shop Drawings in the Schedule of Documents required by SECTION 0133 00 DOCUMENT MANAGEMENT to indicate the Shop Drawings to be submitted, the dates on which documents are to be sent to the Designer for review and proposed dates that the product will be incorporated into the Project. C. Incorporate the dates for processing Shop Drawings into the Progress Schedule required by SECTION 0133 04 CONSTRUCTION PROGRESS SCHEDULE. 1. Submit Shop Drawings in accordance with the schedule so construction of the Project is not delayed. 2. Allow a reasonable time for the review of Shop Drawings when preparing the Progress Schedule. Include time for making revisions to the Shop Drawings and resubmitting Shop Drawings E14061 Pier R Replacement Exhibit J Page 1 of 10 the Shop Drawing for a least a second review. Assume a 14 day review cycle for each time a Shop Drawing is submitted for review unless a longer period of time is indicated in the Contract Documents. 3. Schedule document submittals to provide all information for interrelated Work at one time. 4. Allow adequate time for ordering, fabricating, delivering, and installing product so construction of the Project is not delayed. D. Complete the following before submitting a Shop Drawing or Sample: 1. Prepare Shop Drawing Review and coordinate the Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to Shop Drawings and Samples; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. E. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Shop Drawing; 2. Location of existing structures, utilities, and equipment related to the Shop Drawing have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Shop Drawing are complete for their intended purpose; and S. Conflicts between the Shop Drawing related to the various Subcontractors and Suppliers have been resolved. F. Review Shop Drawings prior to submitting to the Designer. Certify that all Shop Drawings have been reviewed by the Contractor and are in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Shop Drawings except for deviations specifically brought to the Designer's attention on an attached Shop Drawing Deviation Request form in accordance with Paragraph 1.10. G. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Defective products may be rejected at the Owner's option. H. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Designer. Shop Drawings E14061 Pier R Replacement Exhibit J Page 2 of 10 1.04 SHOP DRAWING REQUIREMENTS A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. B. Include a complete description of the product to be furnished, including: 1. Type, dimensions, size, arrangement, and operational characteristics of the product; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; S. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. C. Submit Shop Drawings that require coordination with other Shop Drawings at the same time. Shop Drawings requiring coordination with other Shop Drawings will be rejected until a complete package is submitted. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Shop Drawings as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Shop Drawing. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Shop Drawing. 2. Certification of Local Field Service (CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names, addresses, and telephone numbers of approved service organizations on or attach it to the certificate. 3. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable Shop Drawings E14061 Pier R Replacement Exhibit J Page 3 of 10 and to withstand all imposed loads without deformation, failure, or adverse effects to the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Shop Drawing. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 0170 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 SHOP DRAWING SUBMITTAL PROCEDURES A. Submit Shop Drawings through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Shop Drawing submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Shop Drawing submittal form is to be the first document in the file submitted. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Shop Drawing. Submit Samples and color charts per Paragraph 1.08.A. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. g. Shop Drawings E14061 Pier R Replacement Exhibit J Page 4 of 10 h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. i. Add footers to each document with the Project name. 3. Submit each specific product or class of material separately so these can be tracked and processed independently. Do not submit Shop Drawings for more than one product in the same Shop Drawing. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. 5. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. 6. Mark Shop Drawings to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Use the following conventions to markup Shop Drawings for review: 1. Make comments and corrections in the color blue. Add explanatory comments to the markup. 2. Highlight items in black that are not being furnished when the Supplier's standard drawings or information sheets are provided so that only the products to be provided are in their original color. 3. Make comments in the color yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. 4. Make comments in the color orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Include explanatory comments in the Shop Drawing Deviation Request form. 5. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. C. Submit a Change Proposal per SECTION 01 31 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" Shop Drawings E14061 Pier R Replacement Exhibit J Page 5of10 products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. D. Designate a Shop Drawing as requiring priority treatment in the comment section of the Shop Drawing submittal form to place the review of the Shop Drawing ahead of other Shop Drawings previously delivered. Shop Drawings are typically reviewed in the order received, unless Contractor requests that a different priority be assigned. Priority Shop Drawings will be reviewed before other Shop Drawings for this Project already received but not yet reviewed. Use of this priority designation for Shop Drawings may delay the review of Shop Drawings previously submitted, pushing the processing of Shop Drawings beyond the 14 day target. Contractor is responsible for delays resulting from the use of the priority designation status on Shop Drawings. E. Complete the certification required by Paragraph 1.03. 1.08 SAMPLE AND MOCKUP SUBMITTAL PROCEDURES A. Submit color charts and Samples for every product requiring color, texture, or finish selection. 1. Submit color charts and Samples only after Shop Drawings for the products have been approved. 2. Deliver all color charts and Samples at one time. 3. Provide Samples of adequate size to clearly illustrate the functional characteristics of the product, with integrally related parts and attachment devices. 4. Indicate the full range of color, texture, and patterns. 5. Deliver color charts and Samples to the field office and store for the duration of the Project 6. Notify the Designer that color charts and Samples have been delivered for approval using the Notification by Contractor form. 7. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the Project schedule. 8. Remove Samples that have been rejected. Submit new Samples following the same process as for the initial Sample until Samples are approved. 9. Dispose of Samples when related Work has been completed and approved and disposal is approved by the Designer. At Owner's option, Samples will become the property of the Owner. B. Construct mockups for comparison with the Work being performed. 1. Construct mockups from the actual products to be used in construction per detailed Specification Sections. 2. Construct mockups of the size and in the area indicated in the Contract Documents. 3. Construct mockups complete with texture and finish to represent the finished product. Shop Drawings E14061 Pier R Replacement Exhibit J Page 6 of 10 4. Notify the Designer that mockups have been constructed and are ready for approval using the Notification by Contractor form. Allow 2 weeks for OPT to approve of the mockup before beginning the Work represented by the mockup. 5. Remove mockups that have been rejected. Construct new mockups following the same process as for the initial mockup until mockup is approved. 6. Protect mockups until Work has been completed and accepted by the OPT. 7. Dispose of mockups when related Work has been completed and disposal is approved by the Designer. 1.09 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit requests for deviation using the Shop Drawing Deviation Request form provided. Identify each deviation request as a separate item. Include all requested deviations that must be approved as a group together and identify them as a single item. C. Include a description of why the deviation is required and the impact on Contract Price or Contract Times. Include the amount of any cost savings to the Owner for deviations that result in a reduction in cost. D. Submit as a Change Proposal prior to submitting the Shop Drawing if the deviation will result in a change in Contract Price or Contract Times. E. A Modification must be issued by the Designer for approval of a deviation. Approval of a requested Shop Drawing deviation by the Designer on the Shop Drawings Deviation Request form indicates approval of the requested deviation only on its technical merits as generally conforming to the Contract Documents. Deviations from the Contract Documents can only be approved by a Modification. 1.10 DESIGNER RESPONSIBILITIES A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Section for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the Shop Drawings E14061 Pier R Replacement Exhibit 1 Page 7 of 10 document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per SECTION 0133 03 RECORD DATA. c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other g. Shop Drawings E14061 Pier R Replacement Exhibit J Page 8 of 10 information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Submit any requested deviation that requires as change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 1.10.8 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. 1.11 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the documents required by the Designer and resubmit to the Designer until approved. 1. Revise initial drawings or data and resubmit as specified for the original document. 2. Highlight or cloud in green those revisions which have been made in response to the previous reviews by the Designer. This will include changes previously highlighted or clouded in yellow to direct attention to Designer to items requiring selections or decisions by the Designer or highlighted or clouded in orange for a requested deviation from the Contract Documents. 3. Highlight and cloud new items in yellow where selections or decisions by the Designer are required, but such selections do not constitute a deviation from the Contract Documents. Add explanatory comments to the markup to indicate the action to be taken by the Designer. Shop Drawings E14061 Pier R Replacement Exhibit J Page 9 of 10 4. Highlight and cloud new items in orange that are deviation requests. Include the deviation request number on the Shop Drawing that corresponds to the deviation request on the Shop Drawing Deviation Request form. Numbering for these new items is to start with the next number following the last Shop Drawing deviation requested. Include explanatory comments in the Shop Drawing Deviation Request form. B. Pay for excessive review of Shop Drawings. 1. Excessive review of Shop Drawings is defined as any review required after the original review has been made and the first resubmittal has been checked to see that corrections have been made. 2. Review of Shop Drawings or Samples will be an additional service requiring payment by the Contractor if the Contractor submits a substitution for a product for which a Shop Drawing or Sample has previously been approved, unless the need for such change is beyond the control of Contractor. 3. Cost for additional review time will be billed to the Owner by the Designer for the actual hours required for the review of Shop Drawings by Designer and in accordance with the rates listed in SECTION 00 73 00 SUPPLEMENTARY CONDITIONS. 4. A Set-off will be included in each Application for Payment to pay cost for the additional review to the Owner on a monthly basis. The Set-off will be based on invoices submitted to Owner for these services. S. Need for more than one resubmission or any other delay of obtaining Designer's review of Shop Drawings will not entitle the Contractor to an adjustment in Contract Price or an extension of Contract Times. 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Shop Drawings E14061 Pier R Replacement Exhibit J Page 10 of 10 01 33 03 RECORD DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Submit Record Data as required by the Contract Documents and as reasonably requested by the OPT. Provide Record Data for all products unless a Shop Drawing is required for the same item. B. Submit Record Data to provide documents that allow the Owner to: 1. Record the products incorporated into the Project for the Owner; 2. Review detailed information about the products regarding their fabrication, installation, commissioning, and testing; and 3. Provide replacement or repair of the products at some future date. C. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the receipt or cursory review of Record Data. Contract modifications can only be approved by Change Order or Field Order. D. Provide various reports or other documents that Contract Documents required be submitted for record purposes. 1.02 QUALITY ASSURANCE A. Submit legible, accurate, and complete documents presented in a clear, easily understood manner. Record Data not meeting these criteria will be rejected. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Submit Record Data for all dock fabrication components, special fittings, fasteners and equipment required for substantial completion of Pier R Replacement. Refer to Exhibit A-1. B. Include Record Data in the Schedule of Documents required by SECTION 0133 00 DOCUMENT MANAGEMENT to indicate the Record Data to be submitted, the dates on which documents are to be sent to the Designer for review, and proposed dates that the product will be incorporated into the Project. C. Complete the following before submitting Record Data: 1. Prepare Record Data and coordinate with Shop Drawings or Samples, other Record Data, and with the requirements of the Work and the Contract Documents; 2. Determine and verify specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information; 3. Determine and verify the suitability of materials and equipment offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and 4. Determine and verify information relative to Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto. Record Data E14061 Pier R Replacement Exhibit K Page 1 of 5 D. Determine and verify: 1. Accurate field measurements, quantities, and dimensions are shown on the Record Data; 2. Location of existing structures, utilities, and equipment related to the Record Data have been shown and conflicts between the products existing structures, utilities, and equipment have been identified; 3. Conflicts that impact the installation of the products have been brought to the attention of the OPT through the Designer; 4. Record Data are complete for their intended purpose; and 5. Conflicts between the Record Data related to the various Subcontractors and Suppliers have been resolved. E. Review Record Data prior to submitting to the Designer. Certify that all Record Data has been reviewed by the Contractor and is in strict conformance with the Contract Documents as modified by Addenda, Change Order, Field Order, or Contract Amendment when submitting Record Data. 1.04 RECORD DATA REQUIREMENTS A. Include a complete description of the material or equipment to be furnished, including: 1. Type, dimensions, size, arrangement, model number, and operational parameters of the components; 2. Weights, gauges, materials of construction, external connections, anchors, and supports required; 3. All applicable standards such as ASTM or Federal specification numbers; 4. Fabrication and installation drawings, setting diagrams, manufacturing instructions, templates, patterns, and coordination drawings; 5. Mix designs for concrete, asphalt, or other materials proportioned for the Project; and 6. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the document submittal that the measurements represent actual dimensions obtained at the Site. 1.05 SPECIAL CERTIFICATIONS AND REPORTS A. Provide all required certifications with the Record Data as specified in the individual Specification Sections: 1. Certified Test Reports (CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. This report is to demonstrate that the product when installed will meet the requirements and is part of the Record Data. Field tests may be performed by the Owner to determine that in place materials or products meet the same quality as indicated in the CTR submitted as part of the Record Data. Record Data E14061 Pier R Replacement Exhibit K Page 2 of 5 1.06 WARRANTIES AND GUARANTEES A. Provide all required warranties, guarantees, and related documents with the Record Data. The effective date of warranties and guarantees will be the date of acceptance of the Work by the Owner. B. Identify all Extended Warranties, defined as any guarantee of performance for the product or system beyond the 1 year correction period described in the General Conditions. Issue the warranty certificate in the name of the Owner. Provide a Warranty Bond for Extended Warranties if required by Specification Sections. C. Provide a copy of all warranties in a separate document in accordance with SECTION 0170 00 EXECUTION AND CLOSEOUT REQUIREMENTS. 1.07 RECORD DATA SUBMITTAL PROCEDURES A. Submit Record Data through the Designer. Send all documents in digital format for processing. 1. Provide all information requested in the Record Data submittal form. Do not leave any blanks incomplete. If information is not applicable, enter NA in the space provided. The Record Data submittal form is to be the first document in the file. 2. Submit all documents in Portable Document Format (PDF). a. Create PDF document using Bluebeam Revu software or other compatible software that will create files that can be opened and annotated using Bluebeam Revu software. b. Create PDF documents from native format files unless files are only available from scanned documents. c. Rotate pages so that the top of each document appears at the top of the monitor screen when opened in PDF viewing software. d. Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 paper. e. Submit color PDF documents where color is required to interpret the Record Data. f. Create or convert documents to allow text to be selected for comments or searched using text search features. Run scanned documents through Optical Character Recognition (OCR) software if necessary. g. Flatten markups in documents to prevent markups made by Contractor from being moved or deleted. Flatten documents to allow markup recovery. h. Use Bluebeam Revu software to reduce file size using default settings except the option for "Drop Metadata." Uncheck the "Drop Metadata" box when reducing file size. i. Add footers to each document with the Project name. Record Data E14061 Pier R Replacement Exhibit K Page 3 of 5 3. Submit each specific product, class of material, or product separately so these can be tracked and processed independently. Do not submit Record Data for more than one system in the same Record Data. 4. Submit items specified in different Specification Sections separately unless they are part of an integrated system. S. Define abbreviations and symbols used in Record Data. a. Use terms and symbols in Record Data consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Record Data. c. Provide a legend for symbols used on Record Data. 6. Mark Record Data to reference: a. Related Specification Sections, b. Drawing number and detail designation, c. Product designation or name, d. Schedule references, e. System into which the product is incorporated, and f. Location where the product is incorporated into the Project. B. Submit a Change Proposal per SECTION 0131 14 CHANGE MANAGEMENT to request modifications to the Contract Documents, including those for approval of "or equal" products when specifically allowed by the Contract Documents or as a substitution for specified products or procedures. Deviations from the Contract Documents can only be approved by a Modification. C. Complete the certification required by Paragraph 1.03. 1.08 DESIGNER'S RESPONSIBILITIES A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 1.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 1.02. Document will be given the status of "Filed as Received" and not further action is required on that Record Data. Record Data E14061 Pier R Replacement Exhibit K Page 4 of 5 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per SECTION 0133 02 SHOP DRAWINGS. b. The cursory review indicates that the document does not meet the requirements of Paragraph 1.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." 2.00 PRODUCTS (NOT USED) 3.00 EXECUTION (NOT USED) END OF SECTION Record Data E14061 Pier R Replacement Exhibit K Page 5 of 5 at Corpus Chr sti Capital Programs Design — Build Services Pier R Replacement Corpus Christi Marina Council Presentation December 9, 2014 Project Scope Corpus Chr sti Capital Programs EXHIsn-A-1CONCER REFERENCE DRAVARG DOCK R J • 4 A) *_?r,•I • k-1=`` th• . DOCK S • k A A v. • ---1 • - DoCK T # • • „ r IZr- DOCK L :L: A k 9 1 1 1 CFP'S ALLE' mem.1.-IIMIC SOL ' "••••.„ • •F OVERALL DOCK PLAN - 121 cs' 11=1147. saur• rsri OM MAW.% .C441.7 PM 1-.W 41111, t. 2 Project Schedule Corpus Chr sti Capital Programs J A s 0 N D Bid & Award J F M A M J J Design / Construction Project Estimate: 195 Calendar Days 6 Months Projected Schedule reflects City Council award in December 2014 with anticipated construction completion in July 2015. Project Budget s Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Marina Revenue Bond$ 2/600.000.00 US Fish and Wildlife Transient Grant 502.400.00 US Fish and Wildlife Pump Out Grant162.770.00 Marina Operating Budget41.211.32 TOTAL $ 3,306,381.32 FUNDS REQUIRED: Construction: Design Build Team (Jacob White Construction Company)............... Construction Materials Testi ng(Esti mated) ... ......... ......... ........ 3'208.065.32 32,774.00 16,197.00 Design: Geotechnical Testing (Rock Engimsmhng)------------ 19.300.00 Equipment Rental (for obtaining testing aannplea)— — — — — — — — — 8.000.00 Reimbursements: 22.045.00 TOTAL $ 3,306,381.32 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: November 20, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Michael Morris, Director of Park & Recreation MichaelMo@cctexas.com (361) 826-3464 Granting Revocable Easements to Eagle Ford Pipeline, LLC CAPTION: Ordinance granting two Revocable Easements to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines across the north edge of a City park known as Hudson Park located south of Leopard Street and west of Main Drive; for the amount of $38,412 as compensation to the City; authorizing the City Manager or designee to execute the two Revocable Easement instruments and other related documents for the conveyance of the revocable easements. PURPOSE: This ordinance conveys two Revocable Easements to Eagle Ford Pipeline, LLC which enables them to construct two pipelines across the northern edge of the City's park. BACKGROUND AND FINDINGS: The City has received a request from Eagle Ford Pipeline, LLC to acquire Revocable Easements for two pipelines which would cross the City's park as shown on the attached City Council Exhibit. Both pipelines would be constructed by a horizontal boring process with a finished pipeline depth of approximately 57 feet deep. The pipeline boring entry will begin 115 feet west of the park and will surface approximately 1,000 east of the park. There will be no valves or other fixtures within the park property. The City's Capital Program and Park & Recreation staff have met to discuss the easement request and have no concerns or objections to their placement across the park property. A negotiated amount of $38,412 as compensation to the City has been agreed to by the parties. The Revocable Easements allow Eagle Ford Pipeline the right to construct and maintain both pipelines within these overlapping revocable easements. The City will monitor the boring operation and any other construction adjacent to the park. The Revocable Easement instruments contain terms and conditions which pertained to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. A Pipeline License Agreement is in the process of being issued to Eagle Ford Pipeline by the Development Services since the pipeline also crossed various City street right-of-ways. The easement is revocable by the City if Eagle Ford violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. Eagle Ford will also full indemnify the City against any and all liability, damage, loss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement; Amendment No. 1 instrument. Authorization to convey or amend easements across City land is required by City Council. There is no title company participation required in the conveyance of this amended easement. ALTERNATIVES: Do not amend the easement granted to Eagle Ford Pipeline, LLC which could lead to eminent domain proceedings by them. OTHER CONSIDERATIONS: Eagle Ford Pipeline, LLC requires this Revocable Easement in order to be able to construct their pipelines. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering and Park & Recreation Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: This is a revenue item. No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Funds Council Exhibit Revocable Easement, #19069 Revocable Easement, #51994 Ordinance Ordinance granting two Revocable Easements to Eagle Ford Pipeline, LLC to construct, operate, maintain, repair and remove two (2) 20 -inch pipelines across the north edge of a City park known as Hudson Park located south of Leopard Street and west of Main Drive; for the amount of $38,412 as compensation to the City; authorizing the City Manager or designee to execute the two Revocable Easement instruments and other related documents for the conveyance of the revocable easements. Section 1. That two Revocable Easements be granted to Eagle Ford Pipeline, LLC, each for the purpose of constructing, operating, maintaining, repairing and removing one (1) 20 -inch pipelines across a tract of City owned land known as Hudson Park located south of Leopard Street and west of Main Drive for the amount of $38,412 paid to the City. Section 2. That the City Manager or designee is authorized to execute the Revocable Easements and other related documents for the conveyance of the revocable easements. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor I'/A Easement Location LOCATION MAP NOT TO SCALE N EAGLE FORD PIPELINE, LLC 20' Revocable Easements Hudson Park CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 REVOCABLE EASEMENT (Eagle Ford Pipeline, LLC, 20 in., #19069, 2014) THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS: That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by Eagle Ford Pipeline, LLC, whose address is 333 Clay Street, Suite 1600, Houston, Harris County, Texas,77210 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said Eagle Ford Pipeline, LLC, the right to relocate, install, operate, repair, replace, and maintain one (1) pipeline, not to exceed twenty (20) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, across, under and upon the land owned by Grantor described and shown on the attached Exhibit A. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. f) City Attorney means City's City Attorney or his designee. g) Grantee means Eagle Ford Pipeline, LLC. Revocable Easement 1 of 16 g) Grantee means Eagle Ford Pipeline, LLC. h) Improvements means one (1) pipeline not to exceed twenty (20) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. 1) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit A means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, Revocable Easement 2 of 16 operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances . Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Dav Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and Revocable Easement 3 of 16 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE- 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Revocable Easement 4 of 16 Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or Revocable Easement 5 af 16 operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of Revocable Easement 6of16 the need for repairs. Contractor must notify the Utility Water Representative Wastewater Representative Gas Representative Street Superintendent Storm Water Superintendent Traffic Signal & Fiber Optic Texas One Call 1-800-DIG-TESS Representatives at: - 361 - 857-1888 (880-3140, after hours) - 361 - 857-1818 (880-3140, after hours) - 361 - 885-6900 (885-4396, after hours) - 361 - 857-1940 (886-2600, after hours) - 361 - 857-1881 (880-3140, after hours) - 361 - 857-1940 (886-7452, after hours) - 361 -1-800-245-4545 - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. Revocable Easement 7of16 At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. Revocable Easement TexStar Midstream Utility, LP 6 of 16 If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. fl Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and Revocable Easement 9of16 replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations Revocable Easement 10 of 16 at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of , 2014 GRANTOR ATTEST: THE CITY QF CORPUS CHRISTI By: City Secretary Ron L. Olson, City Manager APPROVED S TO LEGAL FORM: day of , 2014 Revocable Basement 11 of 16 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Ron L. Olson, City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement 12 of 16 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2014, by , in their capacity as of Eagle Ford Pipeline, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. Eagle Ford Pipeline, LLC By: Name: Title: THE STATE OF TEXAS COUNTY OF § § This instrument was acknowledged before me this day of 2014, by as of Eagle Ford Pipeline, LLC, who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement 13 of 16 EXHIBIT B INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate WORKERS' COMPENSATION Which Complies With The Texas Workers' Revocable Easement 14 of 16 All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Compensation Act And Paragraph Ii Of This Exhibit $500,0001$500,0005500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management F.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, aII insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named Revocable Easement 15 of 16 insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Eagle Ford Pipeline, LLC Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement 16 of 16 P.O.B. TX: 2.446,315.4' Y: 13,117,028.8' P.ER. W. - EXHIBIT "A" NUECES COUNTY, TEXAS 19W$1Q000 NORMA LEE 8IOCNSETHAPO PATSYAN4 614003S CALLED 81.86 ADAM VOL 1306 PO 613 O.P.RN.C,T — S 870720 W 237.4' _ P.0 C. X 2,446,552.8' Y: 13,117,032.4' 112' I.P. - PIPELINE AS -BUILT PLAINS PROJECT# 51994 (2012) b b � N SUBJECT REFERENCE INE PLAINS PROJECT# 19069 (2014) 1997-0294.000 THE CRY OF CORPUS CHRISM CALLED 123 ACRES (OUT OF LOT 24 HS SHEPPARD FARM 1015) VOL. 1427 P0.117 D.RN C.T JOHN DUNN A-985 PIPELINE AND EASEMENT LINEAR FEET 237.5 RODS 14.4 ACREAGE aGq'4•ESMT 010 NOM. THIS PAT WAS PREPARED WHOM' THE KNEW OFq.FRENTTR1E IEFORT ALL DEFIB NEM PRGVOED SY THE CJENR AND MAY NOT ACRE= CLRREIROWNEWAIP, EASEMENTS OFSEM=APE NOT BHaNRN HEREIN NO an= RESEMIOI WAS PFAfawRD SYTHE 1 a1MEYOR ALL 6EIVNIG ANGTUBTANSE CONTAINED HER= ARE GAO. RASED ON TfETESIIR PIRATE PLANE COORONATESYSTEK SCUM CENTRAL ZONE 142041, US SLRNEYFEET, NIMH AMERICAN DATW OF 1s Im111 SEE SHEET 2 OF DATED 10ARAM4 FORA ODIAPANTIJO DESCmT1014 SEAL ANC5124ATUPE THIS RAT S 4TE2OED FOR THE USE OP EAGLE FORD RPHlB MC. FOR THE PURPOSE OF GBTAA G A PIPEL IE EAS0GMT Fr DOES NOT REPRESOOABOUNDARY CR CO•GTRU TON SURVEY. NO TOPOGRAPHY OR PPELKECAOSSPASARE SHOWN ON THE PLAT DRAM Dr CERA DATE: 037117)014 DRAWNG NAME SHEETNO APPROVED Br JOB NQ =4 EAGLE FORD PIPELINE, LLC. N 01'0424' W 5.5' P.O.TY:. 13,1.02 91-1 Y: 13,11717,0266 .9' SCJLLE r•leo 50' 0' LEGEND - PROPOSED PIPELINE PROPERTY LINE — SURVEY UNE 100' F.O.N. POINT OF BEGINPSNG P.O.C. PONT OF WWAENCEAENT P.O.T. PONT OF TERMINATION P.ERW. 015212461.W25SIDAENT AND RIGHT OF WAY A.T.WS. ADDITIONAL 1ELIPOR4RY WORKSPACE FWD FNC IA I.P. TYP, 0.14.14.0 .T FOUND FENCE IRON RDD IRON PIPE TYPICAL DEED RECORDS OF NUECES COUPRY, TX EAGLE FORD PIPELINE, LLC. EASEMENT AND RIGHT OF WAY 1997-0294.000 THE CITY OF CORPUS CHRISTI JOHN DUNN SURVEY, A- 985 NUECES COUNTY, TEXAS T. BAKER SMITH SOLUTIONS ITA"T HERS ISS T,WRY MAIL StA6bd TX 7'477 12 5112 40 91 '3 E"nNmn TX. REGI 101102-01 REV NO[ Si CSRA REVISONOESCRPTION, AIDED REFERENCE UNE RAINS PROJECTS 51234 (2012) t BAKER SMITH, LLC ►A 104AL C°•f•LnnNn fl•Vf 1.11 TX. REG. #101102-01 12825 Trinity Dr., Houston, TX 77477 Main Line: 281.240.0113 • Toll Free: 1.866.357.1050 • Fax: 281.240.0245 • Online: www.tbsmith.com EXHIBIT "A" FIELD NOTES FOR EAGLE FORD PIPEL , LLC. TWENTY (20) FOOTS EA AND RIGHT OF WAY Adlik Being a description of a TWENTY (20) foot wide. AND RIGHT OF WAY (P.E.R.W.) out of the John Dunn Survey, Abstract No. 985 in Nueces County, Texas, said easement being upon, over, through and across a portion of a called 3.25 acre tract of land, as recorded in Volume 1427, Page 117 of the Deed Records of Nueces County, Texas, (D.R.N.C.T.), said easement being situated TEN (10) feet on the South and TEN (10) feet on the North of the herein described REFERENCE LINE; said REFERENCE LINE also being the proposed pipeline route, the sidelines of said easement being lengthened or shortened to meet the boundaries of said tract, and said REFERENCE LINE being more particularly described as follows: COMMENCING at a 1/2" iron pipe found for the Northeast comer of said 3.25 acre tract, for the POINT OF COMMENCEMENT; THENCE S 89°07'20" W along the North line of said 3.25 acre tract, a distance of237.4 feet to a point on the North line of said 3.25 acre tract for the POINT OF BEGINNING of the herein described REFERENCE LINE; THENCE S 89°32'32" E, over and across said 3.25 acre tract a distance of 237.5 feet, more or less, to the POINT OF TERMINATION on the East line of said 3.25 acre tract from which a 1/2" iron pipe found for the Northeast corner of said 3.25 acre tract bears N 01°04'24" W, a distance of 5.5 feet; Said REFERENCE LINE having a total length of 237.5 feet or 14.4 rods and said easement containing 0.10 acres of land, more or less. See sheet 1 of 2 for plat and additional notes. Basis of Bearings: G.P.S. Observations, State Plane Coordinate System, Texas South Central Zone, NAD 83 (2011) Datum. Prepared September 11, 2014 Revised October 9, 2014 W. Andrew McLaughlin, R.P.L.S. Texas Registered Professional Land Surveyor No. 6473 2ar2 REVOCABLE EASEMENT (Eagle Ford Pipeline, LLC, 20 in., #51994, 2012) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by Eagle Ford Pipeline, LLC, whose address is 333 Clay Street, Suite 1600, Houston, Harris County, Texas,77210 ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said Eagle Ford Pipeline, LLC, the right to relocate, install, operate, repair, replace, and maintain one (1) pipeline, not to exceed twenty (20) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, across, under and upon the land owned by Grantor described and shown on the attached Exhibit A. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A', for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. f) City Attorney means City's City Attorney or his designee. g) Grantee means Eagle Ford Pipeline, LLC. Revocable Easement 1 of 16 g) Grantee means Eagle Ford Pipeline, LLC. h) Improvements means one (1) pipeline not to exceed twenty (20) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. 1) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit A means the Exhibit, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storni Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, Revocable Easement 2 of 16 the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances . Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Dav Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or Revocable Easement 3 of 16 regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Storm Water - 18" ESPIRE- 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance Revocable Easement 4 of 16 policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "B". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut Revocable Easement 5 af 16 the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. Citv will file the Revocable Easement at the Nueces County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Revocable Easement 6 of 16 Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Water Representative Wastewater Representative Gas Representative Street Superintendent Storm Water Superintendent Traffic Signal & Fiber Optic Texas One CaII 1-800-DIG-TESS Representatives at: - 361 - 857-1888 (880-3140, after hours) - 361 - 857-1818 (880-3140, after hours) - 361 - 885-6900 (885-4396, after hours) - 361 - 857-1940 (886-2600, after hours) - 361 - 857-1881 (880-3140, after hours) - 361 - 857-1940 (886-7452, after hours) - 361 - 1-800-245-4545 - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed Revocable Easement 7of15 adjacent to all pits. At a minimum the following items will be included in the permit: 1) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type 1 Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil Revocable Easement 8 of 16 surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Revocable Easement 9 of 16 Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that Revocable Easement 10 of 16 complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of , 2014 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED S TO LEGAL FORM: Revocable Easement 11 of 16 By: Ron L. Olson, City Manager day of , 2014 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Ron L. Olson, City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement 12 of 16 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2014, by , in their capacity as of Eagle Ford Pipeline, LLC, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. Eagle Ford Pipeline. LLC By: Name: Title: THE STATE OF TEXAS COUNTY OF § § This instrument was acknowledged before me this day of 2014, by as of Eagle Ford Pipeline, LLC, who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement 13 of 16 EXHIBIT B INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate WORKERS' COMPENSATION Which Complies With The Texas Workers' Revocable Easement 14 of 16 All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Compensation Act And Paragraph Ii Of This Exhibit $500,000/5500,00015500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REOUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named Revocable Easement 15 of 16 insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Eagle Ford Pipeline, LLC Revocable Easement ins. req. 6/27/2013 ds Risk Mgmt. Revocable Easement 16 of 16 • x: 2,446,180.4• Y: 13,117,0193 9 005240" E 8z EXHIBIT "A" NUECES COUNTY, TEXAS 12w -03)200D NORMA LEE STOCIOETM AND PATSY ANN BROOKS CALLED EDM ACRES VC.1 5PG612 0.P.F1 N.G.T. P.ERW. S 0110424' E 15.5' 9 B9'07'20' W 3722 P.O.C. X: 2.448,562,6' Y:13,117,032,4' 1 I.P. Wit SUBJECT REFERENCE UNE PLAINS PROJECT# 51994 (2012) 41 PROPOSED PIPELINE PLAINS PROJECT# 19009 (2014) P.O,T. 1997-0294,000 THE CT OF CORPUS WTI Ci! ED 2.25 ACAEB (OUT OF LOT 24 HB SHEPPARD FARM LOTS) VOL 1427 PG. 117 ❑RN.GT, JOHN DUNN A-985 PIPELINE AND EASEMENT UNEAR FEET 372.7 RODS 22.8 ACREAGE OI- #M ESMT 0.14 NOTE& T1W RA -WAS PREPARED WNTIGUTTIE S MEM 0FOUFENTURI REPGRI AIL TR EDSWERE PR:70CW BY THE CLIENT AND MAY ROT REFLECT CURRENT ONNEFSEPCASE1/04150F RIGORCS ARE RCT SHCNN RL:RE24 NO OTHER MENE MWAS PERPORYID SYTHE LNCERSONP9 SURVEYOR AL_ IWJENOAPO D67 NCL CONTANED HERON ARE 22RD, BASED DNTHE TEM STATE PATE 000RDNATEATIVEAt. SOUTH NT ALE0N!14E4 U2 SLAVEYPBT. NORTH ANENCAII OATUU Cf:2A 1277111 EMMET CLUED :OA70M3t4FOR ACYDRPARYN33EY71ERGPL BEALANOS2TNATUIE TIO RAT 111 NTINOE3 FORTH! LRE Of EAGLE FORD PPELW[ LLG 1011 THE PURPOSE OFDSTAMB A PI►LINE EALP22147. R WE I NCT REPRESENT BOUCWYORCOMM-1670R 1CATVEY. PC TOPODAAP1.OR PIPEI3NE CROOPTOSAAl!FCWN DUTIES PAT. GRAMN 57 CERA .1 APPROVED BY: WAFT X: 2,446,553.1 Y: 13,117,0169 SCALE; 1`.100 1W 50' LEGEND - - PROPOSED 4158,54! PROPERTY UNE - - — SURVEY UNE P .O.E. P .OL. P DX P.ERW. AT.W9. 100' POINT OF BEGINNING POINT OF COMWQKEWENT POINT OF N.GRON AY15EAIEH7AN0 0. AY AODh10NALTEW'ORARY WORI3PAOE FOUND FENCE IRON ROO IRON PIPE TYPICAL DHDED RECORC5 OF NUECES COUNTY TX DATE: 10011112014 JOS Na 20143117E EAGLE FORD PIPELINE, LLC. EASEMENT AND RIGHT OP WAY 1997-0294.000 THE CITY OF CORPUS CHRISTI JOHN DUNN SURVEY, A- 985 NUECES COUNTY, TEXAS T. BAKER SMITH NOLUTI DNS START Rona 12312 T1M,0..4. Sm#Wq Tx 77477 172117460113 -ENARN4 m r 1 i .•1 REV WE 4a - REVISEN DESCRIPTION REV BY qBs, Z BAKER SM1TFL ue •• Pu,.lONAL NNNNNNTANt .U,L+ nv TX. REG. #101102-01 12825 Trinity Dr., Houston, TX 77477 Main Line: 281.240.0113 • Toll Free: 1.866.357.1050 • Fax: 281.240.0245 • Online: www.tbsmith.com EXHIBIT "A" FIELD NOTES FOR EAGLE FORD PIPELINE LLC. TWENTY (20) FOOT EAS AND RIGHT OF \ AY t. Being a description of a TWENTY (20) foot wide` EASe AND RIGHT OF WAY (P.E.R.W.) out of the John Dunn Survey, Abstract o. 985 in Nueces County, Texas, said easement being upon, over, through and across a portion of a called 3.25 acre tract of land, as recorded in Volume 1427, Page 117 of the Deed Records of Nueccs County, Texas, (D.RN.C.T.), said easement being situated TEN (10) feet on the South and TEN (10) feet on the North of the herein described REFERENCE LINE; said REFERENCE LINE also being the pipeline route, the sidelines of said easement being lengthened or shortened to meet the boundaries of said tract, and said REFERENCE LINE being more particularly described as follows: COMMENCING at a 1/2" iron pipe found for the Northeast corner of said 3.25 acre tract, for the PONT OF COMMENCEMENT; THENCE S 89°07'20" W along the North line of said 3.25 acre tract, a distance of 372.6 feet to the Northwest corner of said 3.25 acre tract THENCE S 00°52'40" E along the West line of said 3.25 acre tract, a distance of 6.9 feet to a point on the West line of said 3.25 acre tract for the POINT OF BEGINNING of the herein described REFERENCE LINE; THENCE S 89°32'32" E, over and across said 3.25 acre pact a distance of 372.7 feet, more or less, to the POINT OF TERMINATION on the East line of said 3.25 acre tract from which a 1/2" iron pipe found for the Northeast corner of said 3.25 acre tract bears N 01°04'24" W, a distance of 15.5 feet; Said REFERENCE LINE having a total length of 372.7 feet or 22.6 rods and said 1 d.t easement containing 0.14 acres of land, more or less. See sheet 1 of 2 for plat and additional notes. Basis of Bearings: G.P.S. Observations, State Plane Coordinate System, Texas South Central Zone, NAD 83 (2011) Datum. Prepared October 9, 201 W. Andrew McLaughlin, RP.L.S. Texas Registered Professional Land Surveyor No. 6473 2 of 2 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of December 9, 2014 Second Reading Item for the City Council Meeting of December 16, 2014 DATE: November 12, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E. Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Amending a Revocable Easement conveyed to TexStar MidStream Utility, LP CAPTION: Ordinance amending the Revocable Easement conveyed to TexStar Midstream Utility, LP under Ordinance No. 029956 approved by City Council on September 17, 2013, to allow an additional six (6) inch pipeline in the existing easement area that crosses two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; providing for compensation in the amount of $26,250 paid to the City; authorizing the City Manager or designee to execute the amended Revocable Easement instrument and other related documents for the conveyance of the amended easement. PURPOSE: This ordinance amends a Revocable Easement previously conveyed to TexStar Midstream Utility, LP, on September 17, 2013 permitting them to add an additional pipeline to their easement. BACKGROUND AND FINDINGS: On September 17, 2013, the City granted TexStar Midstream Utility, LP (TexStar) a Revocable Easement which allowed them to construct a single, 12 -inch diameter pipeline, across two tracts (Tract 91 and Tract 92) of City land located southwest of the O.N. Stevens Plant shown on the attached City Council Exhibit. The total amount of $70,000 was paid by TexStar to the City for both original easements, each 50 foot wide by a total of 1,390 feet long. TexStar has recently asked the City to amend their original easement to allow a second pipeline, 6 -inch in diameter, which will carry crude oil to the Equistar refinery. A negotiated amount of $26,250, as compensation to the City, has been agreed to for the right to install a second pipeline. TexStar will use directional drilling to construct the second pipeline under the City's existing water transmission lines southwest of the ONS Water plant. The City will closely monitor the boring operations and any other construction adjacent to its water transmission lines. A requirement of 12 feet of clearance between TexStar's pipeline and the City's waterline is required by the City. The original Revocable Easement instrument also contained terms and conditions which pertained to construction standards and compliance with laws, including the City's Pipeline License Ordinance passed in 1993 under Ordinance No. 021776. A Pipeline License Agreement was issued to TexStar by the Development Services since the pipeline also crossed various City street right-of-ways. The amended easement is revocable by the City if TexStar violates and fails to correct any of the laws, rules, or regulations of the Department of Transportation, Railroad Commission, and certain City ordinances. TexStar will also full indemnify the City against any and all liability, damage, loss claims and actions of any nature as stated in Section 12 of the attached Revocable Easement; Amendment No. 1 instrument. Authorization to convey or amend easements across City land is required by City Council. There is no title company participation required in the conveyance of this amended easement. ALTERNATIVES: Do not amend the easement granted to TexStar Midstream Utility, LP which could lead to eminent domain proceedings by TexStar. OTHER CONSIDERATIONS: TexStar Midstream Utility, LP needs to amend this Revocable Easement in order to be able to construct an additional pipeline. The original easement contains sufficient area to place an additional line. CONFORMITY TO CITY POLICY: The City is authorized under its home -rule authority, as well as under the grant of powers under Section 1, Article X of the Charter, to convey this easement. This ordinance also conforms to Section 1, Article IX of the Charter. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Engineering and Water Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital [x] Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No expenditures are requested. RECOMMENDATION: Approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Council Exhibit Revocable Easement, Amendment No. 1, Tract 91 Revocable Easement, Amendment No. 1, Tract 92 Ordinance Ordinance amending the Revocable Easement conveyed to TexStar Midstream Utility, LP under Ordinance No. 029956 approved by City Council on September 17, 2013, to allow an additional six (6) inch pipeline in the existing easement area that crosses two tracts of City owned land located southwest of the O.N. Stevens Water Treatment Plant; providing for compensation in the amount of $26,250 paid to the City; authorizing the City Manager or designee to execute the amended Revocable Easement instrument and other related documents for the conveyance of the amended easement. Section 1. That the Revocable Easement granted to TexStar Midstream Utility, LP by City Ordinance No. 029956 is revised to allow an additional six (6) inch pipeline in consideration of payment of $26,250. Section 2. That the City Manager or designee is authorized to execute the amended Revocable Easement and other related documents for the conveyance of the amended revocable easement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of , 2014. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor REVOCABLE EASEMENT Amendment No. 1 (TexStar Midstream Utilitily, LP, Tract TX -NUE -91) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by TexStar Midstream Utility, LP, whose address is 18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas, ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said TexStar Midstream Utility, LP, the right to relocate, install, operate, repair, replace, and maintain one refined products pipeline not to exceed twelve (12) inches in diameter, and one additional refined products pipeline not to exceed six (6) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, across, under and upon the land owned by Grantor described on the attached Exhibit A and shown on the attached Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A and B", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement TexStar Midstream Utility, LP 1 of 18 f) City Attorney means City's City Attorney or his designee. g) Grantee means TexStar Midstream Utility, LP. h) Improvements means one refined products pipeline not to exceed twelve (12) inches in diameter, and one (1) additional refined products pipeline not to exceed six (6) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, Revocable Easement TexStar Midstream Utility, LP 2 of 18 the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances . Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12') feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10') feet between Grantee's pipelines and Grantor's concrete lined drainage channel located on Grantee's construction drawing, Sheet 6, Station 278+00. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Revocable Easement TexStar Midstream Utility, LP 3 of 18 Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Day Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Revocable Easement TexStar Midstream Utility, LP 4 of 18 Storm Water - 18" ESPIRE- 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "C". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and Revocable Easement TexStar Midstream Utility, LP 5of18 death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces Revocable Easement TexStar Midstream Utility, LP 6 of 18 County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Water Representative Wastewater Representative Gas Representative Street Superintendent Storm Water Superintendent Traffic Signal & Fiber Optic Texas One Call 1-800-DIG-TESS Representatives at: - 361 - 857-1888 (880-3140, after hours) - 361 - 857-1818 (880-3140, after hours) - 361 - 885-6900 (885-4396, after hours) - 361 - 857-1940 (886-2600, after hours) - 361 - 857-1881 (880-3140, after hours) - 361 - 857-1940 (886-7452, after hours) - 361 -1-800-245-4545 - 361 - 1-800-344-8377 and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Revocable Easement TexStar Midstream Utility LP 7 of 18 Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain Revocable Easement TexStar Midstream Utility, LP 8 of 18 a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. t) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, Revocable Easement TexStar Midstream Utility, LP 9of18 drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. r) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Revocable Easement TexStar Midstream Utility, LP 10 of 18 Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. This Revocable Easement for this tract of land substitutes and revises the Revocable Easement for this tract of land authorized by Corpus Christi City Council on September 17, 2013 by Ordinance 029956. Executed this the day of , 2014 Revocable Easement TexStar Midstream Utility LP 11 of 18 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Ron L. Olson, City Manager APPROVED S TO LEGAL FORM: day of , 2014 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Ron L. Olson, City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement TexStar Midstream Utility, LP 12 of 18 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2014, by , in their capacity as of TexStar Midstream Utility, LP, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. TexStar Midstream Utility, LP By: Name: Title: THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me this day of 2014, by as of TexStar Midstream Utility, LP who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement TexStar Midstream Utility, LP 13 of 113 EXHIBIT A [METES AND BOUNDS] Revocable Easement TexStar Midstream Utility, LP 14 of 18 EXHIBIT B [PICTURE DIAGRAM OF SITE] Revocable Easement TexStar Midstream Utility, LP 15 of 18 EXHIBIT C INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY Iinclud C ommercial Broad Form 2. Premises -- Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $I,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $ I0,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY I. Owned Vehicles 2. Hired and Non -owned Vehicles $ I,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation _ $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement TexStar Midstream Utility, LP 16 of 18 WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph Ii Of This Exhibit $500,000/$500,000/$500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within I0 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (36I) 826-3980 D. Grantee agrees that with respect to the above required insurance, alI insurance policies are to contain or be endorsed to contain the following required provisions: Revocable Easement TexStar Midstream Utility, LP 17 of 18 • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Iess than ten (I0) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. TexStar Midstream Revocable Easement ins. req. 6/27/20I3 ds Risk Mgmt. Revocable Easement TexStar Midstream Utility, LP 18 of 18 TEXSTAR MIDSTREAM SERVICES LP. EXHIBIT "A" NUECES COUNTY, TEXAS 50 FOOT WIDE EASEMENT DESCRIPTION February 06, 2013 Sheet 2 of 2 DESCRIPTION: EASEMENT A 50 foot wide casement, being twenty five -feet (25) left of and twenty five -feet (25) right of a surveyed baseline as shown on Sheet 1 of 2 of this Exhibit "A", being situated in the Gregoria Farias Survey, Abstract No. 592, Nueces County. Texas, and out of a called 11963 acre tract of land (Tract 2b), awarded to The City of Corpus Christi by Judgement. in Cause No. 71, styled City of Corpus Christi vs. Clyde Jennings and Zelda Jennings, recorded in the Minutes of the County Court of Nueces County, Texas, said 50 foot wide easement being more particularly described along a surveyed baseline by centerline description as follows: BEGINNING (B.O.L) on the Northeast Zine of said 11963 acre tract and on the Southwest line of a called 4.726 acre tract of land described in a decd to the R. E. Stanley and wife Paula Stanley, recorded in Document No. 2006027304, Official Public Records, Nueces County, Texas (O.P.R.N.C.T.), from which a I -inch iron pipe found on the Northeast line of said 13.963 acre tract, same being the Southeast comer of a said 4.726 acre tract. bears: South 56°07'35" East. a distance of 21.81 feet; THENCE South 15°24'54" East, a distance of 645.82 feet; THENCE South 02°39'40" East, a distance of 495.74 feet to the Southwest line of said 13.963 acre tract, and the Northeast line of a called 4.92 acre tract of land, descnbed in a deed to The City of Corpus Christi, recorded in Volume 1370, Page 27 (D.R_N_C.T.), for the END OF THIS DESCRIPTION, and POINT OF EXIT (P.O.E), from which a 5.1 -inch iron rod found for the South corner of said 13.963 acre tract, bears: South 55'47'15" East, a distance of 89.98 feet. The above surveyed baseline traverses the said 13.963 acre tract for a total distance of 1,141.56 feet or 69.19 rods and containing 1.31 acres of land in said easement. All bearings and distances contained herein are grid, based upon the Texas State Plane Coordinate System, South Zone, of the North American Datum 1983, in U.S. Survey Feet. DESCRIPTION; TEMPORARY WORK SPACE: A Temporary Work Space out of said 13.963 acre tract of land, located West of and adjoining the West line of the previously described Easement as shown on Sheet 1 of 2, containing a total of 0.79 acre of land. Plat of even date accompanies this field note description. Topographic Land Surveyors 1400 Evcrman Parkway Suite 197 Fort Worth, TX 76140 Mork D. Bryant Sr., .L.S. No. 4360 February 06, 2013 Li...,i Ir.. w�..e33r/+e sem. .._51_�YeSLiZ! rlNw. rte. '73iI� likail�++turl�vSuly ry�u[.,H7 Cr._ 1G N Tx -NUE -09700 R. E STANLEY AND WIFE PAULA STANLEY DOCUMENT No 2006027304 CALLED 4 726 ACRES LESS 0.425 10 RAILROAD 0 P R N..'.1 SCALE 17•1 0' 100' 200' P.O.B. X=1270002.2 Y=17201958.4 EXHIBIT '" C. FAWAS SURVEY, ABSTRACT NO. 69Z NUECES COUNTY. TEZAS EASEMENT PLAT TOTAL LENGTH: 1141.56 FEET 0R 69.19 RODS TOTAL EASEMENT: 1.31 ACRES TEMPORARY WORKSPACE: 0.79 ACRE N Tx -NUE-068.00 ROBERT E. STANLEY. SR DOCUMENT No. 2007032025 LOT 4. BLK 4 FAR1AS GRANT SUBDMSION CALLED 1 78 ACRES j1 11 1 L* -1 k 1 11 ''SII DETNL NEW S+^4LE• r'.• SC' 4 4 w A Tx -NUE -091.00 TILE CITY of CORPUS CIIRISR CAUSE Na. 71 TRACT 26 CALLED 13.963 ACRES % UNE 2 UNE TABLE BEMENG 5 15'24'54' E 5 0239'40' E DGrANCE 64562' 495.74' .f • 5 TOPOGRAPHIC P.O.E X=1270196.9 Y=17200840.6 ammo • M1=ao • GS •l9P3 1400 BERM Y. Sm. 197 • R. TEIAS 76)46 TELEPHONE 61 744-7817 • FART a1 744-7646 • EQUISTAR EXTENTION TX -NUE -091.00 INT JC DATE: 02/06/13 FILEBLIRRAMIJ r[ 611 x TI DRAWN BY: S.M.E. .SHEET : 1 of 2 S 5S'4775 E 5/6 -INCH IRF. LEGEND • — - - — SURVEY/SECTION LINE SURVEYED BASELINE - - - - - CONTINUED BASEUNE/PIPELINE TRACT BORDER EDGE OF EASEMENT - - - - - TEMPORARY WORKSPACE ROAD WAY x— FENCE UNE \\— EXISTING PIPELINE — OHE — OVERHEAD ELECTRIC — • — - WATER UNE D POINT Of INTERSECTION • IRON R00 FOUND (LRF.) O LION PIPE FOUND lye l4. II it)1GG FOsY.Og 9? J)OL1p�?� o,4ryccRfs44, 2 R�Sr .• U , 438 9ti°A'eSS?{O Mork D. Bryant, Sr., FL.S. No. 4360 February 06, 2013 Feld note descrIpUon of man data accompanies this plat. REVISION: -no= 1 MEWL DOCUMENT 20C 69' x 14' 2. ALL EFAIINCS, 17I51ANCQ AND COOROs441E vOLUM CONTAINED HEREIN ARE CO MED UPON NE TEXAS STATE PEAK p6OR0s*1E 383704 mum zone, EMS. EMU FEET. NORTH AMERICAN 061UM 1563 IZR16T 3. ATION CAT46 17.048616.,6 MADE ONLY TO INE LOCATION O17.048616., N MAT= 10 INE CADENCE FOLND 6IWD A W FIELD 9UMEYY, LIME ON 714 GROOM. UNDER EIT SIWEHY610N, AID 0910 0OCNENTAT1011 PROMOED In 106TH MOSTREAM MN= LP. CRY LIDUTO /0L4,LE1T5 THAT WERE essIE ON TE 061E Or 7116 58968. MNR IOMO AAIO1661 E45ENENT. KAYE BEEN LOCATED AS 988)4 WREN Of MACH I HAVE KNOWLEDGE. TNS NO 15 LIa1ED TO 1SE PERMS 011 EWES WPM ON 11C FACE OF THIS FIAT AND 6 466-6WISTEEA16E, AND MADE FOR Ts! 76.4764c766 ONLY. 4. 60.14146.41.- 0076#744 Cf LIC/PCNT 06 a6GAINDIG 5. EILL/8OL - DD OF LUC/PO•Ir or ear 6. OAI.N.0.T ® OROCOIDS MI[C[S COUNT: 1003 7. 0.4N.C.T. - On64. RECORDS AuECES COL66. TOMS a 0PA.N.C.T - 07106. P11 IXC RED= M® MS ICOUNTY. TE DATE 9-3-13 k 1..'.ve01,4.4r4L M'a1r...4W_ #HcarCi“..CL4.D7IMFnA-r•.'.iL. J4.iT I[, [,nw+a.Lcruh>.]Yrti M.4.Err 2•Yrr..,rr, D Ji lr] 74.sr 44 40 REVOCABLE EASEMENT Amendment No. 1 (TexStar Midstream Utilitily, LP, Tract TX -NUE -92) THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § That, the City of Corpus Christi, a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, ("City Manager") in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by TexStar Midstream Utility, LP, whose address is 18615 Tuscany Stone, Suite 300, San Antonio, Bexar County, Texas, ("Grantee"), the receipt of which is acknowledged, and the further consideration of "Grantee" complying with the City's Hazardous Substances, Liquids, and Gas Pipelines and Distribution System Ordinance, Article VII Chapter 35 Code of Ordinances, and City's pipeline ordinance, Article VII Chapter 49 Code of Ordinances, as amended, has GRANTED, SOLD, AND CONVEYED, and by these presents does GRANT, SELL, AND CONVEY, upon the conditions hereinafter stated unto the said TexStar Midstream Utility, LP, the right to relocate, install, operate, repair, replace, and maintain one refined products pipeline not to exceed twelve (12) inches in diameter, and one additional refined products pipeline not to exceed six (6) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of natural gas, gaseous products, crude oil, and other hydrocarbons or minerals, whether in gaseous or liquid form, across, under and upon the land owned by Grantor described on the attached Exhibit A and shown on the attached Exhibit B. TO HAVE AND TO HOLD the same unto the Grantee its successors and assigns, together with the right to enter upon Grantor's tract of land as shown on the attached and incorporated Exhibit "A and B", for the purpose of relocating, installing, operating, repairing, replacing, and maintaining said Improvements under the following conditions. 1. Definitions: a) City means the City of Corpus Christi, a Texas home -rule municipal corporation. b) Grantor means City, and may be used interchangeably with City. c) City Manager means the City's City Manager or his designee. d) Director means City's Director of Engineering Services or his designee. e) Risk Manager means City's Director of Risk Management or his designee. Revocable Easement TexStar Midstream Utility, LP 1 of 18 f) City Attorney means City's City Attorney or his designee. g) Grantee means TexStar Midstream Utility, LP. h) Improvements means one refined products pipeline not to exceed twelve (12) inches in diameter, and one (1) additional refined products pipeline not to exceed six (6) inches in diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers all within City property. i) Contractor means Grantee's agent to construct, maintain, replace, repair, or remove the Improvements. j) Exhibit A and B means the Exhibits, whether 1 or more pages, showing the locations where the Improvements enter or cross City property. k) City Utilities means the City's Water, Wastewater, Storm Water and Gas divisions. I) Franchisees' Preexisting Improvements means those improvements owned or operated by a franchise or licensee of the City that were in place prior to the Improvements installed under this Revocable Easement. m) Utilities Representative means the applicable City Utilities representative that needs to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine relocation, installation, operation, repair, replacement, and maintenance work the Utilities Representative will be the appropriate Water, Wastewater, Storm Water or Gas division foreman on duty. The City has Water, Wastewater, and Gas crews on duty or on-call 24 hours a day, 365 days a year. The Water Representative, the Wastewater Representative, the Gas Representative, and the Drainage Representative is the respective name for each division's authorized representative as set out above, and collectively called the Utilities Representative. n) Franchisee's Representative means the representative of a City franchisee or licensee that has preexisting Improvements within 2 -feet of the proposed Improvements that need to be notified (1) prior to routine construction or repair work or (2) prior to or concurrently with emergency repair work. During routine installation, maintenance, or repair work each franchisee's or licensee's representative (e.g. the SWBT Representative, Revocable Easement TexStar Midstream Utility, LP 2 of 18 the AEP Representative) will be contacted. The franchisee and licensee representatives are collectively called Franchisee's Representative. o) City Inspector means that person acting on behalf of a City Utility or the City Street Department inspecting the relocation, installation, operation, repair, replacement, and maintenance of the Improvements. p) Revocable Easement Area means that portion of City property upon which the Improvements will be installed, operated, repaired, replaced, and maintained. 2. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 3. Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Ordinance No. 021776, approved on October 20, 1993, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 4. Depth Limits and Water Transmission Pipeline Clearances . Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36 -inches from existing ground or roadway pavement. Grantee will also maintain a minimum of twelve (12) feet clearance between Grantee's pipelines and any City water transmission pipelines. Grantee must notify the Texas One -Call at 1-800-245-4545, 1-800-DIG-TESS, and Southwestern Bell 1-800- 828-5127 for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 5. Crossing or Ditch Requirements. Prior to any repair or replacement of the Improvements, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of ten (10') feet between Grantee's pipelines and Grantor's concrete lined drainage channel located on Grantee's construction drawing, Sheet 6, Station 278+00. 6. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Revocable Easement TexStar Midstream Utility, LP 3 of 18 Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 7. 60 Dav Revocation. Grantee understands and agrees that the right and easement herein granted may be revoked at any time by the City of Corpus Christi acting through its City Manager, and Grantee may be required to remove the Improvements at Grantee's sole expense upon 60 days' notice in writing. If Grantee is in violation of Department of Transportation or Railroad Commission laws, rules, or regulations, or City ordinances, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations, within the overall 60 day period. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 8. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 9. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective lessees, licensees, successors, and assigns. Grantee may assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, with the prior written consent of Grantor's City Manager, which consent will not be unreasonably withheld. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. 10. Construction Drawings & As-Builts. Grantee must provide Director with a set of construction plans for all work proposed for the Improvements located within the Revocable Easement Area, one month prior to the start of construction, for Director's review and approval. The plans will tie the centerline of the proposed Improvements to the centerline of the Revocable Easement Area. Any centerline improvements will also be tied to the existing utility centerlines. The Grantee must provide the Director with a complete depth profile, distance, and location of its Improvements from existing City utilities, other franchised utilities, and other pipelines, that fall within the Revocable Easement Area. The Grantee is advised that centerline of proposed Improvements must have a minimum centerline to centerline horizontal distance as shown in the table below: Water - 60" TimeWarner - 12" KMC - 12" Wastewater - 18" SWB - 12" ICG - 12" Gas - 18" AEP (CPL) - 12" Grande(ClearSource) - 12" Revocable Easement TexStar Midstream Utility, LP 4 of 18 Storm Water - 18" ESPIRE- 12" Caprock - 12" The Grantee must provide the Director with a 24"x36" size reproducible set of as -built drawings of the Improvements within 60 days after completion of construction; failure to do so may result in Grantee's Revocable Easement being forfeited by the City. 11. Insurance. The Grantee must not commence work under this Agreement until it and its Contractor have obtained through self-insurance or insurance policies required herein and proof of such insurance as evidenced by the Certificate of Insurance has been submitted to and approved by the Risk Manager. The required type and amount of required insurance coverage is specified in the attached and incorporated Exhibit "C". The Grantee and its Contractor, if any, must have and maintain Commercial General Liability Insurance during the entire construction phase of the project. When construction is finished and the Improvements completed the Grantee must have and maintain Commercial General Liability Insurance through self- insurance or insurance policies for the entire duration of this Revocable Easement and for so long as Grantee's Improvements are located in or upon property of the Grantor. This provision shall survive termination or expiration of this Revocable Easement. The contractual liability portion of this insurance must be broad enough to cover the indemnity agreement in this Agreement. Such policies of insurance must include the City as an additional insured with respect to any liability arising out of the Grantee's and its Contractor's use or maintenance of the Improvements in the Revocable Easement Area. The insurance policies specified must include an endorsement stating that the insurance company(ies) must give the Director 30 days written notice by certified mail, before any policy covered thereby is canceled, not renewed, or materially changed. Copies of all insurance policies from Grantee and Contractor must be provided to City Attorney within 30 days after City Manager's reasonable written request therefor. Grantee and Contractor, if applicable, must provide copies of all insurance policies to the City Attorney within 30 days of the City Manager's reasonable request therefor if an incident -relating to the Improvements or Grantee's operations hereunder -occurs that reasonably appears to be covered by such insurance. If such copies are requested and provided, Grantee may mark the information in Grantee's policies that Grantee believes is confidential or proprietary. If City is requested to provide all or part of Grantee's insurance policies to third parties, City will timely forward the records to the Attorney General for a determination whether the records are "Open Records" under the Texas Open Records Act. City will contemporaneously notify Grantee of the open records request so that Grantee may participate in any available procedures and take steps it believes necessary to protect the nature of the confidential or proprietary information. 12. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, Toss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers; compensation and Revocable Easement TexStar Midstream Utility, LP 5 of 18 death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee officers', agents', and employees' ("Grantee's Agents' ") negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 13. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 14. Abandonment of pipeline. Grantee may leave abandoned pipe in place unless the Director requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice from the Director, Grantee shall promptly remove the specified abandoned Improvement. If a Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned, The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 15. General Conditions. a) Recordation. City will file the Revocable Easement at the Nueces Revocable Easement TexStar Midstream Utility, LP 6 of 18 County Courthouse and Grantee will reimburse City for the recording fees. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. Contractor must notify the Utility Water Representative Wastewater Representative Gas Representative Street Superintendent Storm Water Superintendent Traffic Signal & Fiber Optic Texas One Call 1-800-DIG-TESS Representatives at: - 361 - 857-1888 (880-3140, - 361 - 857-1818 (880-3140, - 361 - 885-6900 (885-4396, - 361 - 857-1940 (886-2600, - 361 - 857-1881 (880-3140, - 361 - 857-1940 (886-7452, - 361 - 1-800-245-4545 - 361 - 1-800-344-8377 after hours) after hours) after hours) after hours) after hours) after hours) and the Franchisee's Representative(s) at: SWBT - 361 - 881-2511 (1-800-824-4424, after hours) AEP (CP&L) - 361 - 299-4833 (693-9444, after hours) Time Warner - 361 - 857-5000 (857-5060, after hours) Grande (ClearSource) Espire (Fiber Optic) KMC (Fiber Optic) ICG (Fiber Optic) Caprock (Fiber Optic) - 361 - 814-1500 (334-3000, after hours) - 880-5934 (pager, 850-2652, after hours) - 504 - 733-3900 (pager, 1-800-676-9407) - 361 - 561-3204 (361-774-3889, after hours) - 972 - 702-7924 to verify depths, locations, and time of beginning construction or repair The Utility Representatives, the Street Superintendent, and the Franchisee's Representatives may have a representative present during Grantee's construction, repair, or emergency repair operations. c) Permit. 48 hours prior to commencing any routine construction or repair work, and by 9 a.m. the next work day for emergency repairs, the Grantee will apply to the Director or his designee for a permit before disturbing part of the Revocable Easement Area. Grantee must perform the work in accordance with the permit and all applicable federal, state, and local laws and regulations. Revocable Easement TexStar Midstream Utility, LP 7 of 18 Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. At a minimum the following items will be included in the permit: i) Bore. Grantee's pipelines crossing the Revocable Easement Area will be dry or slick bored. Wet or slick bore may be approved by the Director if the Grantee will provide the Director or "Designee" sufficient and satisfactory soil analysis information to support the wet bore. ii) Open -Cut. Grantee or its Contractor must saw cut any existing concrete and asphalt down to sub -base, and replace with new concrete or asphalt. The pavement repair must consist of 5 -inches of compacted Hot Mix Asphalt Concrete (HMAC) Type D to be placed in two lifts, i.e., 3 -inches and 2 -inches or two lifts of 2.5 -inches. The HMAC pavement must extend over the existing base for a width of 12 - inches on either side of trench cut. Subgrade will be trenched with some prime coat MC -70 at 0.15 gal./sy. Final backfill shall consist of cement stabilized sand containing a minimum of 2 sacks of Standard Type I Portland cement per cubic yard of sand in street right-of-way where asphalt concrete pavement has been cut and surface. Pavement will be restored as described five feet on each side of cut centerline, such that no settlement will occur in roadway area. Grantee will encase the Improvements in sand, with a minimum of 8 -inches around the Improvements. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain Revocable Easement TexStar Midstream Utility, LP 8 of 18 a 3 -foot vertical separation; however Grantee must maintain a twelve (12) foot vertical and 5 -foot horizontal separation around all water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City constructions standards, including City Water Distribution System Standards, paragraph 15(c), and the City Inspector's request. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. If Contractor's work on the Improvements damages a City Utility line and soil or sand enters service lines and causes damage to residential or non- residential plumbing, Grantee must resolve the damage issue with the individual owners, including all costs associated with resolution. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director each August 1 based upon the average wages of the City Inspectors. The new charges will be on file with the Director. f Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements Contractor must reshape and grade, and sod if applicable, Revocable Easement TexStar Midstream Utility, LP 9 of 18 drainage ditches to a correct and permanent condition as determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as determined by the Director. If there is any erosion of roadway or private property due to loss of existing vegetation along the banks of the drainage ditches, or from any other condition due to disturbing the soil along the Revocable Easement Area caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. g) Damages to structures. If there is any damage to driveways, culverts, head walls, and any other structure, public or private, caused by Grantee relocating, installing, operating, repairing, and replacing the Improvements, Grantee must resolve the damages issue with the individual owners, including all costs associated with resolution. h) Equipment and materials. Grantee may not store or leave overnight any equipment or material in City property. Grantee's equipment or stock pile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet either direction from a street intersection or driveways onto a street. i) Aesthetics. To preserve and protect trees, shrubbery, and other aesthetic features on the street right-of-way and on City property, the Director may specify the extent and methods of tree removal, tree trimming, or replacement, and replacement of other aesthetic features, including specifying the methods of installing the Improvements. The Director will use due consideration in establishing the value of trees and other aesthetic features in the proximity of the proposed Improvements and any special requirements justified by the value of the trees and other aesthetic features. j) Testing. City Inspector determines when laboratory testing will be required, the number, location, and frequency of testing. All testing is at the Contractor's expense. k) Safety. The City Inspector may request any other conditions that may be required to complete this project in a safe and workmanlike manner. 1) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Revocable Easement TexStar Midstream Utility. LP 10 of 18 Grantee for a one-year period from the date Grantee provides the reproducible, as -built drawing required by Section 10, to the Director. m) Notification of Leaks. Grantee must notify Director of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Director a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager may investigate the condition and extent of the leaks and spills. 16. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street right-of-ways for public purposes, and any drainage right-of-way for State, County, for City purposes. 17. Sale of Natural Gas - Restrictions. Grantee is expressly prohibited from the sale or distribution of natural gas to consumers, whether industrial, commercial or residential, except AEP (Central Power & Light Company), which consumers are located within the city limits of the City of Corpus Christi as may be amended from time to time. It is expressly provided that, as used in this paragraph, the sale of "natural gas" does not include the intercompany sale or transfer by or between two or more business entities of fuel gas or fuel in any form used and consumed in the fractionation, heating, distilling, producing or manufacturing process, of the petro -chemical industry. It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. This Revocable Easement for this tract of land substitutes and revises the Revocable Easement for this tract of land authorized by Corpus Christi City Council on September 17, 2013 by Ordinance 029956. Executed this the day of , 2014 Revocable Easement TexStar Midstream Utility, LP 11 WS GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Ron L. Olson, City Manager APPROVED S TO LEGAL FORM: day of , 2014 By: , Assistant City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2014, by Ron L. Olson, City Manager, of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas Revocable Easement TexStar Midstream Utility, LP 12 of 18 GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the day of , 2014, by , in their capacity as of TexStar Midstream Utility, LP, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement as amended. TexStar Midstream Utility, LP By: Name: Title: THE STATE OF TEXAS COUNTY OF § § This instrument was acknowledged before me this day of 2014, by as of TexStar Midstream Utility, LP who declared that they executed the same for the purposes therein stated and with proper authority to do so. Notary Public, State of Texas Revocable Easement TexStar Midstream Utility, LP 13 of 18 EXHIBIT A [METES AND BOUNDS] Revocable Easement TexStar Midstream Utility. LP 14of1B EXHIBIT B [PICTURE DIAGRAM OF SITE] Revocable Easement TexStar Midstream Utility, LP 15 of 18 EXHIBIT C INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Grantee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Grantee must furnish to the City's Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is required on all certificates or by policy endorsement Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY (including): 1. Commercial Broad Form 2. Premises — Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/ Advertising Injury $I,000,000 Per Occurrence $2,000,000 Aggregate UMBRELLA/EXCESS LIABILITY $I0,000,000 Per Occurrence $I0,000,000 Aggregate AUTOMOBILE LIABILITY 1. Owned Vehicles 2. Hired and Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT POLLUTION LEGAL LIABILITY including; Third Party Remediation $5,000,000 Per Claim $5,000,000 Aggregate Revocable Easement TexStar Midstream Utility. LP 16 of 18 WORKERS' COMPENSATION All States Endorsement is Required if Not Domiciled in Texas EMPLOYERS' LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph Ii Of This Exhibit $500,000/$500,000/S500,000 C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within I0 days of the requested change. Grantee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Revocable Easement TexStar Midstream Utility, LP 17 of 18 • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (I0) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Grantee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as Iimiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. TexStar Midstream Revocable Easement ins. req. 6/27/20I3 ds Risk Mgmt. Revocable Easement TexStar Midstream Utility, LP 18 of 18 TEXSTAR MIDSTREAM SERVICES LP. EXHIBIT "A" NUECES COUNTY, TEXAS 50 FOOT WIDE EASEMENT DESCRIPTION February 08, 2013 Sheet 2 of 2 DESCRIPTION: EASEMENT A 50 foot wide easement, being twenty five -feet (25) left of and twenty five -feet (25) right of a surveyed baseline as shown on Sheet 1 of 2 of this Exhibit "A", being situated in the Gregorio Farias Survey, Abstract No. 592, Nueces County, Texas, and out of a called 4.92 acre tract of land, described in a deed to the City of Corpus Christi, recorded in Volume 1370, Page 27, Deed Records, Nueces County, Texas (D.R.N.C.T), said 50 foot wide easement being more particularly described along a surveyed baseline by centerline description as follows: BEGINNING (B.O.L) on the Northeast line of said 4.92 acre tract and on the Southwest line of a called 13.963 acre tract of land awarded to The City of Corpus Christi by Judgement, in Cause No. 71, styled City of Corpus Christi vs. Clyde Jennings and Zelda Jennings, recorded in the Minutes of the County Court of Nueces County Texas, from which a 518 -inch iron rod found for the South corner of said 13.963 acre tract. bears: South 55°47'15" East, a distance of 89.98 feet: THENCE South 02°39'40" East, a distance of 248.27 feet to the Southwest line of said 4.92 acre tract, and the most Westerly Northwest line ofa called 18.87 acre tract of land ( less 0.98 acre), described in a deed to Charles W. Bickham, recorded in Document #1996017928, Official Public Records, Nueces County, Texas (O.P.R.N.C.T.), for the END OF THIS DESCRIPTION, and POINT OF EXIT (P.O.E), from which a 3/4 -inch iron pipe found for the South comer of said 4.92 acre tract, bears: South 56°00'I5" East, a distance of 752.23 feet. The above surveyed baseline traverses the said 4.92 acre tract for a total distance of 248.27 feet or 15.05 rods, and containing 0.28 acre of land in said casement. All bearings and distances contained herein are grid, based upon the Texas State Plane Coordinate System, South Zone, of the North American Datum 1983, in U.S. Survey Feet. DESCRIPTION: TEMPORARY WORK SPACE: A Temporary Work Space out of said 4.92 acre tract of land, located West of and adjoining the West line of the previously described Easement as shown on Sheet 1 of 2, containing a total of 0.17 acre of land. Plat of even date accompanies this field note description. Topographic Land Surveyors 1400 Everman Parkway Suite 197 Fort Worth, TX 76140 Mark D. Bryant Sr., =.P,L.S. No. 4360 February 08, 2013 dOhnhert. .., 1 EASEMENT rioasaPicE j 5' J`- q• tei 0 0 � w in z tn cea� r+10 co 6U • 4 nLaw Nw0 2 N O z 8 0 (aovoa a 3LJ WflOSS1N) �oa7roa ouovd mown nosy si 11 111110 11 1:611 PI 141 4 ilibilIN le 401 P11;1111 404flitiliii Ill 11100 bAyy M1 Z 0.8 File :\Mproject\councilexh\pipelineeasementland.dwg TRACT 92 VICINITY MAP REVOCABLE PIPELINE EASEMENT TO TEXSTAR MIDSTREAM UTILITY, LP G. Farias Survey, Abstract No 592 Nueces County, Texas CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 of 1 AGENDA MEMORANDUM Future item for the City Council Meeting of December 9, 2014 Action item for the City Council Meeting of December 16, 2014 DATE: November 12, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 Engineering Construction Contract Citywide Signage Upgrade CAPTION: Ordinance appropriating $189,229.31 of anticipated revenues from the Texas Department of Transportation in the No. 1041 Street Fund; amending FY 2014-2015 Operational Budget adopted by Ordinance No. 030294 to increase revenues and expenditures by $189,229.31 each; and authorizing the City Manager, or designee, to execute a construction contract with ACM HUB, LLC of San Antonio, Texas in the amount of $236,536.64 for the Citywide Signage Upgrade (Street Preventative Maintenance Program Project) for the total base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with ACM HUB, LLC for Citywide Signage Upgrade (Street Preventative Maintenance Program project). BACKGROUND AND FINDINGS: As part of the Street Preventative Maintenance Program (SPMP), all roadway signage is being unified and brought up to current City of Corpus Christi (City) standards. The City was notified of available Metropolitan Planning Organization (MPO) funding available for roadway signage upgrades and on July 15, 2014, the City entered into an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) (approved by City Council Resolution No. 030223) for additional funding to supplement the SPMP project. This project includes the roadway signage for collector and arterial roads as identified in Delivery Order Nos. 1 - 5 in the City of Corpus Street Preventative Maintenance Program. Signs considered will be within 15 -feet of intersecting streets. These upgrades consist of signage assemblies and aprons to meet TXDOT and City standards with all street name blades being 9 -inch extruded with the first letter capitalized. As per the Advance Funding Agreement, the federal funding will be administered through TXDOT and will cover 80% of the construction cost of this project. The City will be responsible for the remaining cost of this project to include the 20% construction match and all other project related costs. The limits of the Federal Governments obligation under this contract will not exceed $303,800. This work is part of SPMP Year 1 approved program. On September 29, 2014, the City received proposals from three (3) bidders and the bidders and their respective bids are as follows: Contractor Base Bid ACM HUB, LLC San Antonio, Texas $236,536.64 Highway Barricades and Services, LLC Corpus Christi, Texas $269,025.00 D&G Energy Corporation McAllen, Texas $313,594.00 The City's consultant, Govind Development, LLC, conducted a bid analysis of the three (3) proposals submitted to the City. Govind Development, LLC determined that the lowest bidder based on the Total Base Bid is ACM HUB, LLC of San Antonio, Texas. Based on the information submitted, ACM HUB, LLC has the experience and resources to complete the project. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: These improvements are part of the current year SPMP approved work plan. This contract will utilize federal funding to supplement the City's dollars to accomplish the required improvements. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Budget $0.00 $317,369.64 $0.00 $317,369.64 Encumbered / Expended Amount $0.00 $0.00 $0.00 $0.00 This item $0.00 $236,536.64 $0.00 $236,536.64 Future Anticipated Expenditures This Project $0.00 $80,826.29 $0.00 $80,826.29 BALANCE $0.00 $6.71 $0.00 $6.71 Fund(s): Street Operational Fund Comments: None RECOMMENDATION: City staff recommends that the construction contract be awarded to ACM HUB, LLC of San Antonio, Texas in the amount of $236,536.64 for the Citywide Signage Upgrade (Street Preventative Maintenance Program Project) for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance Presentation PROJECT BUDGET Citywide Signage Upgrade Street Preventative Maintenance Program FUNDS AVAILABLE: TxDOT 80% Participation for Construction - MPO Funds $189,229.31 Street Preventative Maintenance Program - City 20% Participation for Construction 47,307.33 Street Preventative Maintenance Program 80,833.00 Total Funds Available $317,369.64 FUNDS REQUIRED: Construction: Construction (ACM HUB, LLC) $236,536.64 Contingency (5%) 11,826.83 Texas Department of Transportation Advance Funding Agreement 7,665.00 Construction Inspection (In House) 9,500.00 Construction Materials Testing (Tolunay Wong Engineers) 3,920.00 Design Fees: Govind Development (Original and Amendment No. 1) 34,564.46 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 4,775.00 Engineering Services (Project Mgmt/Constr Mgmt/Land Acq Svcs) 5,575.00 Misc. (Printing, Advertising, etc.) 3,000.00 Total Funds Required $317,362.93 ESTIMATED PROJECT BUDGET BALANCE $6.71 * This work is part of SPMP Year 1 approved program. Page 1 of 2 ORDINANCE APPROPRIATING $189,229.31 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 1041, STREET FUND; AMENDING FY 2014-2015 OPERATIONAL BUDGET ADOPTED BY ORDINANCE NO. 030294 TO INCREASE REVENUES AND EXPENDITURES BY $189,229.31 EACH; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH ACM HUB, LLC OF SAN ANTONIO, TEXAS IN THE AMOUNT OF $236,536.64 FOR THE CITYWIDE SIGNAGE UPGRADE (STREET PREVENTATIVE MAINTENANCE PROGRAM PROJECT) FOR THE TOTAL BASE BID. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $189,229.31 in anticipated revenues from the Texas Department of Transportation is appropriated in No. 1041 Street Fund. SECTION 2. The FY 2015 Operating Budget adopted by Ordinance No. 030290 is changed to increase revenues and expenditures in the amount of $189,229.31 each. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Citywide Signage Upgrade project in the amount of $236,536.64 with ACM HUB, LLC of San Antonio, Texas as part of the Street Preventative Maintenance program for the total base bid. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Citywide Signage Upgrade Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance Citywide Signage Upgrade Nelda Martinez Mayor Street Listing City of Corpus Christi, Texas Citywide Signage Upgrade Citywide Signage Upgrade will include the roadway signage for collector and arterial roads as identified in Delivery Order Nos. 1 - 5 in the City of Corpus Street Preventative Maintenance program. Signs considered will be within 15 -feet of intersecting streets. These upgrades will consist of signage assemblies and aprons to meet TXDOT and City standards with all street name blades being 9 -inch extruded with the first letter capitalized. Below are the 32 streets (approximately 475 signs) identified for these improvements and as shown on the Location Maps. Delivery Order No. 1 1. Baldwin Boulevard from Airport to Morgan 2. Nineteenth Street from Hospital to Buford 3. Agnes Street from Shawnee to Baldwin Boulevard 4. Port Street from Sonora to Baldwin Boulevard 5. Angela Street from Horne Road to West Point 6. Eighteenth Street from Isabel to Prescott 7. Comanche from Port Avenue to Palm Street Delivery Order No. 2 8. Waldron Road from Claire to Padre Island Drive 9. Graham Road from Meeks to Flour Bluff Drive 10. Compton Road from Waldron Road to First National 11. Yorktown Boulevard from Oso Creek Bridge to Flour Bluff Drive 12. Matlock Street from Behrman to McIver 13. St. Francis Street from St. Benedict Court to Dominic Court 14. Glenoak from Flour Bluff Drive to Waldron Road Delivery Order No. 3 15. Yorktown Boulevard from Starry to Oso Creek Bridge (East) 16. Cedar Pass Drive from Sun Valley Drive to Holly Ridge 17. Cedar Pass Drive from Holly Ridge to Aspen Grove 18. Sun Valley Drive from Snowmass Street to Eldora Drive 19. Woodway Drive from Brookedge to Windbrook Lane 20. Everhart Road from Holly Road to May Street 21. Sanders Drive from Coody Drive to Snead Drive 22. Dunbarton Oak from Patti Drive to Sudbury Road 23. Dunbarton Oak from Durham Drive to Earnhart 24. Victoria Park from Quebec to Oso Parkway 25. Spohn South from Saratoga Boulevard to Spohn Drive Delivery Order No. 4 26. Lipan Street from Palm Drive to Nineteenth Street 27. Elizabeth Street from Second Street to Fifth Street 28. Leopard Street from Nueces Bay to Up River Road Delivery Order No. 5 29. Bear Lane from Junior Beck to Heinsohn Road 30. Columbia Street from Horne Road to Villarreal Street 31. Weber Road from Barnes Street to Bradford 32. Gollihar Road from Cottage to Townsend lot 8LVD 11I vsmyttvinwohlypii two* win won' a.k:i 'Fair pvium I gag./ I to1 th -- r��w���w111 Ir :h1iuliiu i�i�1II � �r \V \N 1101 All I'A'hh' ufitli[nnlmE6iuIIuu MMIlll■frro ■1111[1_.� _ II I._ 171.... uInuls�t���= ���=�� "ae ITT-� ° mami- -ice 6h 0 O Q z Lu Lu cc 0 rat LOCATION MAP NOT TO SCALE Citywide Signage Upgrade - Street Preventative Maintenance CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 3 wiwoo����� � Firmingros NIL"...„,A,,lailipiadokiimulio Dimm4iihillimiim illind►4"1Illlllrkt'_, ",s% ru to k %l II���'► 1 pig lin MCARDLE RD ---1 iiiii tI Aiskttit �tuumimmui— il,. EIREENEWIlliullinlik S PADRE ISLAND DR 111111.11 358 cc CC w WOOLDRIDGE RD 151 L i CATION MAP NOT TO SCALE Citywide Signage Upgrade - Street Preventative Maintenance CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 2 OF 3 11111011.1. MEW OCEAN, mum FRI SH 358 a 11" ■■■i■J t��� J241; G ft J imm 411111:11inmonwia- remeimak 11 DIVISIC 111 WOOLDRIDGE RD LL 0 00 ■ I HF TS v 0 15 L 0 u. RAMFIELD RD LOCATION MAP NOT TO SCALE 0 Oc Citywide Signage Upgrade - Street Preventative Maintenance CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 3 OF 3 Corpus Chr sti Capital Programs Citywide Signage Upgrade (Street Preventative Maintenance Program) Council Presentation December 9, 2014 Project Scope c.44 Corpus Chr sti Capital Programs • Bid received and opened on September 29, 2014. • Includes removal and installation of new roadway signs for collector and arterial roads as identified herein. • Improvements include sign assemblies, foundations, and aprons to meet TXDOT and City standards. • 80% construction cost reimbursement from Federal funds based on the bids received equal to $189,229.31. • City Staff recommends responsive bid from ACM HUB, LTD of San Antonio in the amount of $236,536.64. Project Scope Corpus Chr°sti Capital Programs Delivery Order No. 1 1. Baldwin Boulevard from Airport to Morgan 2. Nineteenth Street from Hospital to Buford 3. Agnes Street from Shawnee to Baldwin Boulevard 4. Port Street from Sonora to Baldwin Boulevard 5. Angela Street from Horne Road to West Point 6. Eighteenth Street from Isabel to Prescott 7. Comanche from Port Avenue to Palm Street Delivery Order No. 2 8. Waldron Road from Claire to Padre Island Drive 9. Graham Road from Meeks to Flour Bluff Drive 10. Compton Road from Waldron Road to First National 11. Yorktown Boulevard from Oso Creek Bridge to Flour Bluff Drive 12. Matlock Street from Behrman to McIver 13. St. Francis Street from St. Benedict Court to Dominic Court 14. Glenoak from Flour Bluff Drive to Waldron Road Project Scope c.44 Corpus Chr sti Capital Programs Delivery Order No. 3 15. Yorktown Boulevard from Starry to Oso Creek Bridge (East) 16. Cedar Pass Drive from Sun Valley Drive to Holly Ridge 17. Cedar Pass Drive from Holly Ridge to Aspen Grove 18. Sun Valley Drive from Snowmass Street to Eldora Drive 19. Woodway Drive from Brookedge to Windbrook Lane 20. Everhart Road from Holly Road to May Street 21. Sanders Drive from Coody Drive to Snead Drive 22. Dunbarton Oak from Patti Drive to Sudbury Road 23. Dunbarton Oak from Durham Drive to Earnhart 24. Victoria Park from Quebec to Oso Parkway 25. Spohn South from Saratoga Boulevard to Spohn Drive Delivery Order No. 4 26. Lipan Street from Palm Drive to Nineteenth Street 27. Elizabeth Street from Second Street to Fifth Street 28. Leopard Street from Nueces Bay and Up River Road Delivery Order No. 5 29. Bear Lane from Junior Beck to Heinsohn Road 30. Columbia Street from Horne Road to Villarreal Street 31. Weber Road from Barnes Street to Bradford 32. Gollihar Road from Cottage to Townsend Project Scope Corpus Chr sti Capital Programs A. mrr .1 ' t:svA, ■■ l ►3; 1 IILhbt whew. Wrif 1, Ili 1 (11441-10.1:7%,,,",,t.,40:1 AO �' f ott**4" g 40 4 4,N, -16111‘;:1714.\14 r S�� 'iii*I 11111.3. �� _ 111■_�I1rid■Q IIII 11 :Mk: 711MT6 . _�=�=.'I%1�;�==L1 111111 1110111"1/4111112101 �1`� rElj r !II h r=1 II -I 1- L11111111611iMbli �RliCimig roiim SIBmluru1!11111 -_ 'E�i111111111a �'Fir®— -4`1 mnmtria CAT N MAP _ In r. A 1 T T SCALE dui AI LD NO 5 Project Scope Corpus Chr sti Capital Programs !1f1I!iiPI11IIL IIIIMIII IIIl11A1' ! II!Ern orimaimaila am 20 = "irII ! 1NTiI %kr' Jam". Jtor2aft-.... 'r iuu.. mi I F.— TAN .-TiARea niii T h M mcni Virrid111 ...414p11111l uidPi res 1611 s R��I he urn 1 �l — aWJM 1i*Min GA BL 11 00 Minn Et -rt 0 0 hi -411 1 ATM-'l� % dii L,L SC • IPP Project Scope c.44 Corpus Chr sti Capital Programs 1 II it ikE WOOLDRIDGE RD LOCATION MAP NOT TO SCALE 7 Project Schedule Corpus Chr°sti Capital Programs 2014 2015 May 1.1t.m Jul Aug Sep Oct Nov Dec Jan Feb Mar DESIGN AWARD BID CONSTRUCTION Project Construction Estimate = 90 Calendar Days 8 Project Budget t.'Ar414 Corpus Chr sti Capital Programs FUNDS AVAILABLE: TxDOT 80% Participation for Construction - MPO Funds... Street Preventative Maintenance Program - City 20% Participation for Construction.... Street Preventative Maintenance Program Total Funds Available $189,229.31 47,307.33 80,833.00 $317,369.64 FUNDS REQUIRED: Construction: Construction (ACM HUB, LLC) $236,536.64 Contingency (5%) 11,826.83 Texas Department of Transportation Advance Funding Agreement... 7,665.00 Construction Inspection (In House) 9,500.00 Construction Materials Testing (Tolunay Wong Engineers) 3,920.00 Design Fees: Govind Development (Original and Amendment No. 1) 34,564.46 Reimbursements 13,350.00 Total Funds Required $317,362.93 ESTIMATED PROJECT BUDGET BALANCE $6.71 * This work is part of SPMP Year 1 approved program. AGENDA MEMORANDUM Future item for the City Council Meeting of December 9, 2014 Action item for the City Council Meeting of December 16, 2014 DATE: November 19, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 THRU: Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 CAPTION: Engineering Construction Contract Citywide Street Overlay Ordinance appropriating $814,471.04 of anticipated revenues from the Texas Department of Transportation in the No. 1041 Street Fund; amending FY 2014-2015 Operational Budget adopted by Ordinance No. 030294 to increase revenues and expenditures by $814,471.04 each; and authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson Construction, LTD of Corpus Christi, Texas in the amount of $1,018,088.80 for the Citywide Street Overlay (Street Preventative Maintenance Program) project for the total base bid. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute the construction contract with Haas - Anderson Construction, LTD for Citywide Street Overlay (Street Preventative Maintenance Program project). BACKGROUND AND FINDINGS: The City was notified of available Metropolitan Planning Organization (MPO) funding available for city street overlay work and on July 15, 2014, the City entered into an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) (approved by City Council Resolution No. 030223) for additional funding to supplement the SPMP project. This project includes 1'/2 -inch HMAC overlay, new sidewalk, repair of rolled curb and gutter and new ADA curb ramps on Columbia Street from Horne Road to Villarreal Street and Lipan Street from 1 9th Street to Palm Drive. As per the Advance Funding Agreement, the federal funding will be administered through TXDOT and will cover 80% of the construction cost of this project. The City will be responsible for the remaining cost of this project to include the 20% construction match and all other project related costs. The limits of the Federal Governments obligation under this contract will not exceed $832,196. This work is part of SPMP Year 1 approved program. On September 29, 2014, the City received proposals from two (2) bidders and the bidders and their respective bids are as follows: Contractor Base Bid Haas -Anderson Construction, LTD Corpus Christi, Texas $1,018,088.80 Berry Contracting, LP dba Bay, LTD Corpus Christi, Texas $1,227,547.75 The City's consultant, Govind Development, LLC, conducted a bid analysis of the two (2) proposals submitted to the City. Govind Development, LLC determined that the lowest bidder based on the Total Base Bid is Haas -Anderson Construction, LTD of Corpus Christi, Texas. Based on the information submitted, Haas -Anderson Construction, LTD has the experience and resources to complete the project. ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: These improvements are part of the current year SPMP approved work plan. This contract will utilize federal funding to supplement the City's dollars to accomplish the required improvements. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. Fiscal Year 2015 Operating Budget Fiscal Year 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $1,300,718.33 0.00 $1,300,718.33 Encumbered / Expended Amount 0.00 0.00 0.00 0.00 This item 0.00 1,018,088.80 0.00 1,018,088.80 Future Anticipated Expenditures This Project 0.00 282,629.53 0.00 282,629.53 BALANCE $0.00 $0.00 $0.00 $0.00 Fund(s): Street Operational Fund Comments: None RECOMMENDATION: City staff recommends that the construction contract be awarded to Haas -Anderson Construction, LTD of Corpus Christi, Texas in the amount of $1,018,088.80 for the Citywide Street Overlay (Street Preventative Maintenance Program Project) for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Ordinance Presentation Page 1 of 2 ORDINANCE APPROPRIATING $814,471.04 OF ANTICIPATED REVENUES FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 1041, STREET FUND; AMENDING FY 2014-2015 OPERATIONAL BUDGET ADOPTED BY ORDINANCE NO. 030294 TO INCREASE REVENUES AND EXPENDITURES BY $814,471.04 EACH; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A CONSTRUCTION CONTRACT WITH HAAS -ANDERSON CONSTRUCTION, LTD OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $1,018,088.80 FOR THE CITYWIDE STREET OVERLAY (STREET PREVENTATIVE MAINTENANCE PROGRAM) PROJECT FOR THE TOTAL BASE BID. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $814,471.04 in anticipated revenues from the Texas Department of Transportation is appropriated in No. 1041 Street Fund. SECTION 2. The FY 2015 Operating Budget adopted by Ordinance No. 030290 is changed to increase revenues and expenditures in the amount of $814,471.04 each. SECTION 3. The City Manager or designee is authorized to execute a construction contract for the Citywide Street Overlay project in the amount of $1,018,088.80 with Haas -Anderson Construction, Ltd. of Corpus Christi, Texas as part of the Street Preventative Maintenance program for the total base bid. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance - Street Overlay Nelda Martinez Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the day of ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Ordinance - Street Overlay Nelda Martinez Mayor PROJECT BUDGET Citywide Street Overlay Street Preventative Maintenance Program FUNDS AVAILABLE: TxDOT 80% Participation for Construction - MPO Funds $ 814,471.04 Street Preventative Maintenance Program - City 20% Participation for Construction 203,617.76 Street Preventative Maintenance Program 282,629.53 * Total Funds Available 1,300,718.33 FUNDS REQUIRED: Construction: Citywide Signage Upgrade (Haas Anderson) 1,018,088.80 Contingency (5%) 50,904.44 Texas Department of Transportation Advance Funding Agreement 15,172.00 Construction Inspection (In House) 39,021.55 Construction Materials Testing (Touleney Wong) 15,411.00 Design Fees (Govind Development, LLC): Govind Development (Original and Amendment No. 1) 148,770.54 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 4,775.00 Engineering Services (Project Mgmt/Constr Mgmt/Land Acq Svcs) 5,575.00 Misc. (Printing, Advertising, etc.) 3,000.00 Total Funds Required 1,300,718.33 ESTIMATED PROJECT BUDGET BALANCE 0.00 * This work is part of the existing SPMP Year 1 approved program Citywide Street Overlay Columbia Street Overlay From Horne Road to Villarreal Street CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 2 Lipan Street Citywide Street Overlay Lipan Street Overlay From Palm Drive to N. 19th Street CITY OF CORPUS CHRISTI. TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 2 OF 2 Corpus Chr sti Capital Programs Citywide Street Overlay (Street Preventative Maintenance Program) Council Presentation December 9, 2014 Project Scope Corpus Chr sti Capital Programs • Bid received and opened on September 29, 2014. • Includes Columbia Street between Horne Road and Villarreal Street & Lipan Street between 19th Street and Palm Drive. • Improvements include 1-1/2" HMAC overlay, repairs to road base, repairs to "rolled" curb and gutter, completing sidewalks and ADA curb ramps. • 80% construction cost reimbursement from Federal funds based on the bids received equal to $814,471.04. • City Staff recommended responsive bid from Haas -Anderson Construction, Ltd. of $1,018,088.80. Project Scope Corpus Chr sti Capital Programs 3 Project Scope Corpus Chr sti Capital Programs 110112,464, r -77 N ih.f •`4ri , wtr r _441.....6.002,..i ---1:7-•---- ..v. ��i / • �� -_tee I .17...__„,,,,,.-._7_,..... LEOPARDI. Lipan INN 4° Let , Street . _ r F' COMANCHE ST. • d ' G1,304 - w OCATION ilfAP its le r NOT TO SCALE r.y Project Schedule Corpus Chr sti Capital Programs 2014 2015 May Jun Jul L.Aug Sep Oct Nov Dec Jan Feb Mar DESIGN AWARD BID CONSTRUCTION Project Construction Estimate = 90 Calendar Days Design Fees: Govind Development (Original Agreement and Amendment No. 1) Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: TxDOT 80% Participation for Construction - MPO Funds $814,471.04 Street Preventative Maintenance Program - City 20% Participation for Construction 203,617.76 Street Preventative Maintenance Program 282,629.53 Total Funds Available $1,300,718.33 FUNDS REQUIRED: Construction: Citywide Street Overlay (Haas -Anderson Construction) $1,018,088.80 Contingency (5%) 50,904.44 Texas Department of Transportation Advance Funding Agreement Construction Inspection (In -House)... 15,172.00 39,021.55 Construction Materials Testing (Tolunay Wong) 15,411.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) Engineering Services (Project Mgt/Constr Mgt/Land Acq Services) 148,770.54 4,775.00 5,575.00 Misc. (Printing, Advertising, etc.) 3,000.00 Total Funds Required $1,300,718.33 ESTIMATED PROJECT BUDGET BALANCE $0.00 * This work is part of the existing SPMP Year 1 approved program. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of December 9, 2014 Second Reading Item for the City Council Meeting of December 16, 2014 DATE: TO: THRU: November 11, 2014 Ronald L. Olson, City Manager Gustavo Gonzalez, P.E., Assistant City Manager FROM: Valerie H. Gray, P. E., Interim Exec. Director of Public Works ValerieG@cctexas.com (361) 826-3729 Natasha Fudge, P. E., Acting Director of Capital Programs NatashaF@cctexas.com (361) 826-3504 Andres Leal, Jr., P.E., Interim Director of Street Operations AndyL@cctexas.com (361) 826-1957 Ordinance Contribution Agreement with TxDOT for US 181 Harbor Bridge Replacement Project CAPTION: Ordinance authorizing the City Manager or designee to execute a Contribution Agreement with the Texas Department of Transportation for the U.S. 181 Harbor Bridge Replacement Project to establish terms for the dedication and conveyance of City property at Loveskold Park, T. C. Ayers Park, a portion of Oveal Williams Senior Center parking lot, and other rights-of-way, and to provide certain terms regarding utility relocations and adjustments. PURPOSE: Approval of an Ordinance authorizing the City to enter into a Contribution Agreement with TxDOT for the City's participation in funding of the US 181 Harbor Bridge Replacement Project. BACKGROUND AND FINDINGS: In 2003, TxDOT completed a Feasibility Study which concluded that U.S. 181 and the Harbor Bridge needed to be replaced due to safety, maintenance, access and navigational clearance concerns. The Corpus Christi Metropolitan Planning Organization (MPO) adopted a resolution to provide funding for the replacement bridge and committed future projected transportation project funding to the project. On June 11, 2013, City Council approved a Resolution in support of the MPO's adopted resolution. The City is required to contribute 10% of the Right of Way costs and 10% of the Utility Adjustment costs as its local participation. The City will meet its obligation by conveying city -owned land to TxDOT for the US 181 Harbor Bridge Replacement Project. In order to move forward with award of the design/construction contract in early 2015, TxDOT must have documented commitment of local participation by the City through execution of the Contribution Agreement referenced in this Ordinance no later than January 2015. ALTERNATIVES: 1. Approve the Resolution as proposed. 2. Approve the Resolution with modifications. 3. Do not approve the Resolution. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Resolution complies with City Charter's requirements for approval of resolutions. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Operations Department FINANCIAL IMPACT: ❑ Operating pp ❑ Revenue ❑Capital X Not a licable Fiscal Years 2014 - 2015 Development Construction Option Year One TOTALS Line Item Budget Encumbered/Expended Amount Future Anticipated Expenditures BALANCE Fund(s): N/A Comments: None. RECOMMENDATION: Approval of the Resolution as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Contribution Agreement Presentation CSJ # District # Code Chart 64 # Project: Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO CONTRIBUTE RIGHT OF WAY AND CITY -UTILITY RELOCATION EXPENSES FOR THE US 181 HARBOR BRIDGE REPLACEMENT PROJECT THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, Texas, acting by and through its duly authorized officials, called the "City." WITNESSETH WHEREAS, Chapters 201 and 222 of the Texas Transportation Code authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code § 201.209 and Chapter 221 authorize the State to contract with municipalities and political subdivisions; and WHEREAS, Texas Transportation Commission Minute Order Number 113853 authorizes the State to undertake and complete a highway improvement generally described as the design, construction and maintenance of the US 181 Harbor Bridge Project (including the removal of the existing bridge), which extends north -south along US 181 and the Crosstown Expressway and east -west along 1-37 and includes: US 181 at Beach Avenue on the north; Crosstown Expressway at Laredo Street on the south; 1- 37 and Nueces Bay Boulevard on the west; and 1-37 and Mesquite Street on the east side (the "Project"); and WHEREAS, the construction of the Project will necessitate the acquisition of certain right of way and the relocating and adjusting of utilities; and WHEREAS, the City requests that the State assume responsibility for acquisition of all necessary right of way and adjustment of utilities for the Project; and WHEREAS, the City is authorized to contribute funds to be spent by the State in the development and construction of the public roads and state highway system within the City; and WHEREAS, the City is authorized to finance a portion of the construction of an approved project for the state highway system; and WHEREAS, the City owns certain parcels of real property which would be of benefit to the State in connection with the development of the Project; and 1 CSJ # District # Code Chart 64 # Project: Not Research and Development WHEREAS, the City desires to enter into a joint participation agreement pursuant to 43 TAC § 15.52 to contribute to the Project as defined in 43 TAC § 15.55 for the cost of acquiring the right of way and relocating or adjusting utilities for the Project; and WHEREAS, the City desires to make contributions of right of way and City -owned utility adjustments to meet the funding participation requirement of 43 TAC § 15.55; and WHEREAS, to the extent the City's contribution of right of way and City -owned utility adjustments exceeds the funding requirement contained in 43 TAC § 15.55, the City desires to make a donation to the State of such excess; and WHEREAS, the State, in accordance with the Texas Transportation Code, Subchapter D, Chapter 201, Section 201.206, may accept donations for the purpose of carrying out its functions and duties; and WHEREAS, Texas Transportation Code Section 203.055 provides that upon the request of TXDOT, a political subdivision is authorized to convey property that may be necessary or appropriate to accomplish TXDOT's purposes; and WHEREAS, the City desires to donate the parcels of real property more particularly described on Attachment "A", attached hereto and incorporated herein for all purposes (each particular parcel being referred to as a "Parcel," and collectively the "Parcels"), to the State, and to make such other contributions as provided for herein; and WHEREAS, acceptance of the donation of the Parcels will further the State's ability to meet its responsibilities; and WHEREAS, the governing body of the City has approved entering into this agreement by resolution or ordinance dated , 2014, which is attached to and made a part of this agreement as Attachment "B" for the improvement covered by this agreement. A map showing the Project location appears in Attachment "C", which is attached to and made a part of this agreement; and WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the City do agree as follows: 2 CSJ # District # Code Chart 64 # Project: Not Research and Development AGREEMENT 1. Contribution of Parcels in Lieu of Monetary Payment A. Contribution by City 1. The City agrees to contribute each of the Parcels for use by the State in connection with the design, development, construction, operation and maintenance of the Project. Contribution of the Parcels will be credited to the City's funding obligation for the cost of right of way to be acquired for the Project and for the cost of utility relocations for the Project, pursuant to 43 TAC § 15.55. Credit for all real property, other than property which is already dedicated or in use as a public road, contributed by the City to the State shall be based on the property's fair market value established as of the effective date of this agreement. The fair market value shall not include increases or decreases in value caused by the Project and should include the value of the land and improvements being conveyed, including any damages to the remainder. 2. The City will provide to the State all documentation to support the determined fair market value of the donated property. Any appraisals of the Parcels will be the responsibility of the State, and will be at the State's expense. The State will review the submitted documentation and make a final determination of value; provided however, the State may perform any additional investigation deemed necessary, including supplemental appraisal work by State employees or employment of fee appraisers. 3. The City will provide, at its expense, for all relocations and/or adjustments of City -owned utilities made necessary by the construction and/or operation of the Project, which work shall be performed either by the City or by the State's developer of the Project. The relocation or adjustment shall be based upon a determination by TxDOT, or the TxDOT developer for the Project, that a conflict exists between the Project and a City -owned utility facility. Relocation costs include necessary material acquisition, engineering and planning costs, additional right of way needed for the relocations, if any, and the physical installation of the materials. The City and the State will enter into a further agreement between them outlining the details of the performance of the City -owned utility relocation and/or adjustment work. 4. Credit shall be given only for property transferred at no cost to the State after the effective date of this agreement and the issuance of spending authority, and only for property which is necessary to complete the Project, and has title acceptable to the State. The cost of all title work and Phase 1 and/or Phase 2 environmental studies will be the responsibility of the State. Credit for property transferred by the City and for City -owned utility relocations and adjustments which the City is not otherwise required to make shall be in lieu of monetary contributions required to be paid to the State for the City's funding share of the right of way to be acquired and utilities to be relocated for the Project pursuant to 43 TAC § 15.55. The City and the State agree that the contribution by the City of the Parcels and the payment for the City -owned utility relocations and 3 CSJ # District # Code Chart 64 # Project: Not Research and Development adjustments which the City is not otherwise obligated to make satisfy the City's participation requirement under 43 TAC § 15.55. 5. In the event the City's monetary contributions exceed the City's required contribution for right of way and City -owned utility relocation, there will be no refund to the City of any portion of its contributions, and any excess shall be considered a donation by the City. Further, credits cannot be applied to project phases other than right of way and City -owned utility relocation, or used for other projects. 6. Whenever funds are paid by the City to the State under this agreement, the City shall remit a warrant or check made payable to the "Texas Department of Transportation Trust Fund." The warrant or check shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied to the Project. B. Deed and Passage of Title The City will execute and provide to the State a deed conveying title satisfactory to the State with regard to each Parcel, conveying to the State all of the interest which the City has in each Parcel. The City agrees to execute and deliver all such deeds as soon as practicable, and further will use its best efforts to have all deeds executed and delivered to the State no later than the date on which the State issues the first notice to proceed to the State's developer for the Project, which is currently anticipated to occur on September 15, 2015. The State hereby agrees to accept delivery of any such deeds and passage of title. In the event that the Project is terminated, the deeds for all parcels will be returned to the City and no title will have passed with respect to any of the parcels. C. Representations and Warranties The City represents and warrants that it has the ownership interest being conveyed in each deed provided hereunder. D. Demolition 1. The State agrees that it will be responsible for any demolition on, and removal of structures and materials from, each of the Parcels as may be needed for the State to use each Parcel for the Project. 2. The State further agrees that it will be responsible for the removal, handling, storage, disposal, treatment, and/or transportation of any hazardous materials found on any of the Parcels. 4 CSJ # District # Code Chart 64 # Project: Not Research and Development 2. Right of Access If the City is the owner of any part of the Project site, the City shall permit the State or its authorized representatives access to the site to perform any activities required to execute the work. 3. Termination This agreement shall remain in effect until the project is completed and accepted by all parties, unless: a. The agreement is terminated in writing with the mutual consent of the parties; b. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; or c. The Project does not proceed because of insufficient funds or other reason in the discretion of the State. 4. Amendments Amendments to this agreement may be enacted through a mutually agreed upon, written amendment. Minor amendments, not affecting the substance of the terms of the agreement may be enacted without approval of the governing body. In addition, the City Manager or designee may approve changes to contribution up to fifty thousand dollars ($50,000.00). 5. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 6. Compliance with Texas Accessibility Standards and ADA The State shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336). 7. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: 5 CSJ # District # Code Chart 64 # Project: Not Research and Development City: Natasha Fudge Interim Director Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard Street Corpus Christi, Texas 78401 Copies to: Valerie Gray Interim Executive Director Public Works P.O. Box 9277 Corpus Christi, Texas 78469-9277 Gustavo Gonzales Assistant City Manager Public Works & Utilities P.O. Box 9277 Corpus Christi, Texas 78469-9277 State: Mark Anderson Project Delivery Manager Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 7745 Chevy Chase Drive, Bldg. 5, Ste. 230 Austin, Texas 78752 All notices shall be deemed given three days after the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. All notices shall be delivered personally or by certified U.S. mail, Return Receipt Requested. 8. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 9. Successors and Assigns The State and the City each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 6 CSJ # District # Code Chart 64 # Project: Not Research and Development 10. Responsibilities of the Parties The State and the City agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 11. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. The State shall provide copies of all documents to the City. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the City shall be transmitted to the State in electronic form or photocopy reproduction, at the State's election, on a monthly basis as required by the State. The originals shall remain the property of the City. At the request of the State, the City shall submit any information required by the State in the format directed by the State. 12. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. 13. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the City in duplicate. THE CITY OF CORPUS CHRISTI Ronald Olson City Manager City of Corpus Christi Date 7 THE STATE OF TEXAS John P. Campbell, P.E., SR/WA Director, Right of Way Division Date 8 CSJ # District # Code Chart 64 # Project: Not Research and Development CSJ # District # Code Chart 64 # Project: Not Research and Development ATTACHMENT A PARCELS TO BE CONTRIBUTED BY THE CITY Highway: US 181 EXHIBIT "A" County: Nueces RCSJ: 0101-06-109 Station 1049+59.05 to Station 1050+14.43 Description for Parcel 120 CSJ # District # Code Chart 64 # Project: Not Research and Development 72 Page 1 of 3 Date: 10-23-2014 BEING A 0.0662 OF AN ACRE (2,883 SQ.FT.) PARCEL OF LAND, MORE OR LESS, OUT OF THE RINCON DEL OSO ORIGINAL GRANT, (ENRIQUEZ VILLAREAL) ABSTRACT NO. 1, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING OUT OF LOT 10 AND LOT 12, BLOCK 104, AS SHOWN ON THE PLAT OF THE BROOKLYN ADDITION IN VOLUME A, PAGES 30-32 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING at a set brass disc in concrete, stamped `Texas Department of Transportation R.O.W" (TxDOT Type II monument), (N: 17,189,966.73; E: 1,342,609.44), at the intersection of the existing northwest Right-of-way line of U.S. 181, as described in Volume 417, Page 509 of the Deed Records of Nueces County, Texas and the proposed northwest Right of Way line of U.S. 181 and in the southeast line of said Lot 10, for the south corner of the herein described parcel, said point being 152.00 feet right of and at a right angle to the proposed U.S.181 baseline Engineer's Station 1050+14.43, from said point a set 1/2" iron rod with an orange plastic cap stamped "Bain Medina Bain, Inc." for the south comer of Lot 10, bears S. 31°37'18" W., 40.02 feet; (1) Thence N. 06°48'04" W., 39.17 feet, leaving the existing northwest Right-of-way line of U.S. 181 and crossing said Lot 10 and 12, with the proposed northwest Right of Way line of U.S.181, to a set TxDOT Type II Monument, for an angle point of the herein described parcel, same point being 176.34 feet right of and at a right angle to proposed U.S.181 baseline Engineer's Station 1049+83.74; (2) Thence N. 45°13'27" W., 108.50 feet, continuing crossing said Lot 12, with the proposed northwest Right of Way line of the U.S.181, to a set 5/8" iron rod with a 3" aluminum TxDOT cap**, at the intersection of the proposed northwest Right of Way line of U.S.181 and the southeast Right-of-way line of Surfside Street, formerly Avenue "F", as shown on said plat of Brooklyn Addition, for the west corner of the herein described parcel, same point being 282.00 feet right of and at aright angle to proposed U.S.181 baseline Engineer's Station 1049+59.05; (3) Thence N. 31°37'18" E., 4.67 feet, leaving the proposed northwest Right of Way line of U.S. 181 with the northwest line of said Lot 12, to a point in the southwest Right of Way line of Burleson Street (60' R.O.W.), as shown on said plat of Brooklyn Addition, for the north comer of the herein described parcel; (4) Thence S. 58°21'25" E., 130.00 feet, with the southwest Right of Way line of said Burleson Street, to a point, at the intersection of the southwest Right of Way line of Burleson Street and the existing northwest Right of Way line of U.S. 181, for the east comer of the herein described parcel; 10 Highway: US 181 EXHIBIT "A" County: Nueces RCSJ: 0101-06-109 Station 1049+59.05 to Station 1050+14.43 (5) Description for Parcel 120 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 of 3 Date: 10-23-2014 Thence S. 31°37'18"W., 60.00 feet, with the existing northwest Right of Way line of U.S. 181, and the southeast line of said Lots 12 and 10, Block 104, to the PLACE OF BEGINNING and containing 0.0662 of an acre (2,883 sq. ft.) more or less. All bearings and coordinates are based on the Texas State Plane Coordinate System, North American Datum of 1983(93) (NAD 83(93)), South Zone, with coordinates given in feet. All distances and coordinates shown are Grid. This property description is accompanied by a separate plat of even date. Surveyed on the ground under my supervision on the 23rd day of October 2014. Access to and from the U.S.181 Transportation Facility in areas where access is not specifically denied hereon may be permitted in accordance with Access Management Manual guidelines. ** The monument described and set in this call may be replaced with a TxDOT Type II right-of- way marker upon completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Source of the Stationing is the Texas Highway Department Right of Way Map, U.S. highway No,181, Nueces County. CSJ:101-06-6 & 7; July, 1946. E. F. Burkhart, RPLS 1706 Bain Medina Bain, Inc. 7073 San Pedro San Antonio, Texas 78216 (210) 494-7223 TBPE NO. F-1712 TBPLSF REG. NO. 100209-00 11 CSJ # District # Code Chart 64 # Project: Not Research and Development I[8➢NCON DIEL O O ORRGE 1AL GRANT QIENIEIIGNIEZ VIILLARIEALD ABSTRACT N0 1 * * 114E MONUMENT DESCRIBED AND SET MAY BE REPLACED 'ITN A TaDOT TYPE II RIGHT-OF-WAY CONSTRUER CTION PON PROJECT UNDER OF THE HIGHWAYSUPERVISION OF A REGISTERED PROFESSIONAL LAND SURVEYOR, Erni Ea EMPLO'680 OR RETAINED BY Tx5OT. 1 C,j�k- 2 4.4 ' ° • 0 BROOKLYN AllDIIDETDON �'g' VOJL. A, IPG. 30-32 Ja"o Q M.IR.RI,O,'1r, Gi`Q•L Y� � h 0 BEARING SOURCE: MAO 03/93 HARK TEXAS SOUTH 20NE GRID NATES NOTES: A METES ANO BOUNDS DESCRIPTION OF EVEN DATE HEREWITH ACCOMPANIES THIS SURVEY PLAT. / / GEORGE J. MERRIMAN, JR. , M. O. DOC# 2003018454 O.P.R.N• C T\ ry rAA`Fa 1001760 STA. OFF '3718't 4.67' * 049+59.05 ET: 282.00' 5 0.0662 OF AN ACRE 2, 683 SQ. FT. 0 CITY OF CORPUS CHRISTIPOINT R RENCE CORNER SET 1/2' IRON 0� / BMB CAP STA. 1049+83.74 OFFSET: 176.34' RT. / BEGINNING N-17,189,966.73'.- 1,342,609.44 -17,189,968.73\1,342,609.44 \ STA. 1050+14.43 \ /OFFSET: 152.00' RT. 9 PLAT SHOWING: BEING A 0.0662 OF AN ACRE (2,883 SQ.FT.) PARCEL OF LAND. MORE OR LESS, OUT OF THE RINCON DEL 0S0 ORIGINAL GRANT, (ENRIQUEZ VILLAREAL) ABSTRACT N0. 1, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING OUT OF LOT 10 AND LOT 12, BLOCK 104. AS SHOWN ON THE PLAT OF THE BROOKLYN AOOMON IN VOLUME A, PAGES 30-32 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. BAIN MEDINA BAIN Bd E4RVE 033 7070 0 7073 San Pe9 San AntonTeio, Texas 70216 210/494-7223 TBPE NO- F-1712 TBP1817 REG. ND. 100209-00 5, h 0 TY OF CORPUS 1CHR kSTI D0006 272385 VOL. 417, PG. 509 D. R. N. C. T. 0 25 SQ SCALE: 1' = 50' - EGEND Q F9D CONC MARKER TXDOT TYPE II 05ET CON2 890029 TXDOT TYPE II EFOUND 5/0 IRON ROD WITH 3" ALUM TXDOT CAP SET 5/0" IRON ROD WITH 3' ALUM TXDOT CAP FOUND/SET "X" ON CONCRETE SET MAC NAIL 1 FOUND IRON ROO FOUND IRON PIPE p SET I/2' IRON R00 N/ BNB CAP PROPOSED R.O.W. LINE EXISTING R.O.N. LINE PROPERTY LINE/SAME OWNER t- PROPERTY LINE III�ACCESS OENIAL LINE 0. P. R. N. C. T. - pEUNTCcY5LTEX NUECES NOUECE5A2000+11, 12XAFS D. R. N. C. T. H. N. T • DEED ECOR6YOF 16045 9.1..NpCEC21817 TEXApSp 0• T. R. N. C. T. - 82ECE5F2004 TY, RTEXA55 0!= STATE OF TEXAS NUECES COUNTY THIS SURVEY PLAT WAS PREPARED FROM AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION. rd THIS %r 3 DAY OF ()al-- .2014 A.D. E.F. BURKHART RPLS# 1706 4 Texas DEPARTMENT OP TRANSPORTA T/ON NOTE: DISTRICT: 16 ACCESS TO AND FROM THE 0.2. 191 TRANSPORTATION CORPUS CHRISTI FACIUTY IN AREAS WHERE ACCESS IS NOT SPECIRCALLY DRIED HEREON MAY BE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. PAGE 3 OF 3 R101S08 C95 01m -a9-109 OWNER: CITY PLAT OF PARCEL 120 US 181 - HARBOR BRIDGE OF CORPUS CHRISTI COUNTY: NUECES SURVEY 091E: MAY 5, 2014 12 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1127+51.09 - 1128+57.58 PROPERTY DESCRIPTION FOR PARCEL 202 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 4 October 27, 2014 BEING a 0.566 of an acre (24,644 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, City of Corpus Christi, Nueces County, Texas, and out of a 0.780 of an acre tract of land described in an instrument to the City of Corpus Christi from AEP Texas Central Company (f/k/a Central Power and Light Company), recorded in Document 42005-020448, of the Official Records of Nueces County, Texas, dated April 12, 2005 the aforementioned 0.566 of an acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a point for an angle corner of the aforementioned 0.780 of an acre tract, the Southwest corner of a tract of land described in an instrument to AEP Texas Central Company, recorded in Volume 1848, Page 993, of the Deed Records Nueces County, Texas, from which a found 5/8" iron rod bears N04°13'53"E 0.42 feet; THENCE NORTH 54'00'34" West, 97.47 feet, along a North line of the aforementioned 0.760 of an acre tract and a South line of the aforementioned AEP Texas Central Company tract, to a set Texas Department of Transportation "Type I1" concrete monument, for the POINT OF BEGINNING and lying in the proposed East right-of-way line of U.S. 181 (variable width right-of-way) for the Northeast corner of the herein described 0.566 of an acre parcel; (1) THENCE SOUTH 22°32'46" West, 105.63 feet, leaving a North line of the aforementioned 0.780 of an acre tract and a South line of the aforementioned AEP Texas Central Company tract, along the proposed East right-of-way line of U.S. 181, to a set Texas Department of Transportation "Type II" concrete monument, lying in a South line of the said 0.780 of an acre tract and in the North line of a tract of land described in an instrument to Union Pacific Railroad, recorded in Document #2012-011348, of the Official Records of Nueces County, Texas, for the Southeast corner of the herein described 0.566 of an acre parcel, from which a point for an angle corner of the said 0.780 of an acre parcel and the Northwest corner of a tract of land described in an instrument to Port of Corpus Christi Authority, recorded in Document #835421, of the Deed Records of Nueces County, Texas, bears S54°00'34"E 11.73 feet, from which a found 5/8" iron rod bears S77°55'50"E 0.41 feet; 13 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1127+51.09 - 1128+57.58 PROPERTY DESCRIPTION FOR PARCEL 202 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 4 October 27, 2014 (2) THENCE NORTH 54°00'34" West, 257.27 feet, leaving the proposed East right-of-way line of U.S. 181, along a South line of the aforementioned 0.780 of an acre parcel and the North line of the aforementioned Union Pacific Railroad tract, to a set Texas Department of Transportation "Type II" concrete monument, lying in the proposed West right-of-way line of U.S. 181, for the Southwest corner of the herein described 0.566 of an acre parcel; (3) THENCE NORTH 29°23'49" East, 56.45 feet, leaving a South line of the aforementioned 0.780 of an acre parcel and the North line of the aforementioned Union Pacific Railroad tract, along the proposed West right-of-way line of U.S. 181, to a set Texas Department of Transportation "Type II" concrete monument, lying in a North line of the said 0.780 of an acre parcel and the existing South right-of-way line of Brewster Street (60' right-of-way - no document found), for the Northwest angle corner of the herein described 0.566 of an acre parcel; (4) THENCE NORTH 78°49'07" East, 63.62 feet, along a North line of the aforementioned 0.780 of an acre parcel and the existing South right-of- way line of the aforementioned Brewster Street, to a set 5/8" iron rod with plastic cap stamped "CDS/MOERY S.A. TX, for the Northeast corner of the said 0.780 of an acre parcel and a West corner of the aforementioned A.E.P. Texas Central Company tract, for the Northeast angle corner of the herein described 0.566 of an acre parcel; 14 COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1127+51.09 — 1128+57.58 (5) EXHIBIT "A" PROPERTY DESCRIPTION FOR PARCEL 202 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 4 October 27, 2014 THENCE SOUTH 54°00'34" East, 195.94 feet, leaving the existing South right-of-way line of the aforementioned Brewster Street, along a North line of the aforementioned 0.780 of an acre tract and a South line of the aforementioned AEP Texas Central Company tract, to the POINT OF BEGINNING and containing 0.566 of an acre (24,644 square feet) of land, more or less. Access maybe permitted in accordance with access management manual guidelines. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision, Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 - State of Texas CDSmuery -- 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 15 CSJ # District # Code Chart 64 # Project: Not Research and Development S B11E SR WRN0� N6 OOCOMNT N7549'07"' 63.62 CITY OF CORPUS CHRISTI / 0.780 OF AN ACRE DOC#2005-020448 / O.R.N.C.T. •�'D ' 3 0 O /07 x 4"• o 4)! SS b0 / 7 AEP TEXAS CENTRAL COMPANY REMAINING PORTION OF 3.057 ACRES VOL. 1848, PG. 993 D.R.N.C.T. -3' -- - 14 � �� / \ / FOUND 5/8" \ IRON ROD , 11 \ N04113'53"E / 0.42' ./ 00, \ J 0.566 OF AN ACRE 24,644 SQ. FT. ENRZQUEZ V7LL4E&AT. SURVEY, MON. 1 2 3 4 ABSTRACT NO. .1 C.L. STATION 1127+51.09 1128+57.58 1128+23.66 1127+67.75 R-37 .i 0,,..... .1,&______Z VTCIpIITY MAP CORPUS 580001. 09c85 N0010 SCALE / / OFFSET 140.75' LT 151.93' LT 103.10' RT 102.39' RT UNION PACIFIC RAILROAD DOC# 2012-011348 O.R.N.C.T. ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 202.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY 15 GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 / / 877 7'55'50"E !, / 0.41' V ! 0N. I 1 I FOUND IRON FOUND 5/8'/ ' ROD RON ROD � PO OF---CORPU .0 RIST1.AtJTRO ITITY -DOC. #835421 D.R.N.C.T. IN MINN 50' 25' 0 SCALE IN FEET LEGEND L. SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT o SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED 'CDS/MUERY S.A. Dr • SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) —ill— ACCESS DENIAL LINE (A.D.L.) I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 'PRELIM/ANRY, 7N/S DOCUMENT SMALL NOT BE RECORDED FOR ANY PURPOSE AND SALT NOT BE USED ORP VIEWED OR RELIED UPON AS A F/N4L SURVEY DOC(/MEM" R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 R.O.W. R D.R.N.C.T. O.R.N.C.T. M.R.N.C.T, P.O.B. P.O,C. 50' RIGHT-OF-WAY PROPERTY LINE PROPOSED CENTERUNE DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS MAP RECORDS NUECES COUNTY, TEXAS POINT OF BEGINNING POINT OF COMMENCING Ay TEXAS DEPART/VENT OF TRANSPORTATION U,S. 181 PARCEL NO. 202 CCSJ5 0101-08-095 ROSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -0.566 OF AN ACRE CORPUS CHRISTI DISTRICT' DATE: OCTOBER 27, 2014 1 PAGE 4 OF 4 16 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1131+62.61 - 1135+94.50 PROPERTY DESCRIPTION FOR PARCEL 206 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 4 October 27, 2014 BEING a 0.347 of an acre (15,096 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, City of Corpus Christi, Nueces County, Texas, and out of a tract of land described in an instrument to the City of Corpus Christi from D.H. Best and Estelle M. Best, recorded in Volume 193, Page 228 of the Deed Records of Nueces County, Texas, dated February 28, 1930, also being out of Block A and the NW 1/4 of The Colonia Mexicana Subdivision, recorded in Volume 2, Page 17 of the Map Records of Nueces County, Texas, the aforementioned 0.347 of an acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a point for the Northeast corner of the aforementioned City of Corpus Christi tract, the Northwest corner of a tract of land described in an instrument to Geraldine M.B.S. Johnson, recorded in Document #2010-044182, Official Records Nueces County, Texas, and lying in the existing South right-- of-way line of West Broadway Street. described as a 60' wide strip of land, recorded in Volume 107, Page 568, of the Deed Records of Nueces County, Texas, from which a found 1 1/2" iron pipe bears N39°03'29"E 0.27 feet; THENCE NORTH 54°10'15" West, 110.96 feet, along the North line of the aforementioned Block A and the existing South right-of-way line of the aforementioned West Broadway Street, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and lying in the proposed East right-of-way line of U.S. 181 (variable width right-of-way) and for the Northeast corner of the herein described 0.347 of an acre parcel; (1) THENCE SOUTH 22°32'46" West, 424.84 feet, leaving the North line of the aforementioned Block A and the existing South right-of-way line of the aforementioned West Broadway Street, along the proposed East right-of- way line of U.S. 181, to a set Texas Department of Transportation "Type II" concrete monument, lying in the East line of a tract land, described in an instrument to the Estate of Ruth Parr Sparks, recoded in Document #1997-010128, of the Official Records Nueces County, Texas, for the South corner of the herein described 0.347 of an acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", bears S13°24'16"W 300.66 feet, for the South corner of the aforementioned NW 1/4 and an angle corner of the said Sparks tract; 17 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1131+62.61 - 1135+94.50 PROPERTY DESCRIPTION FOR PARCEL 206 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 4 October 27, 2014 (2) THENCE NORTH 13°24'16" East, 447.30 feet, along the West line of the aforementioned Block A, the West line of the aforementioned NW 1/4, and the East line of the aforementioned Sparks tract, to a point, lying in the existing South right-of-way line of the aforementioned West Broadway Street, for the Northwest corner of the aforementioned Block A, the Northeast corner of the said Sparks tract, and for the Northwest corner of the herein described 0.347 of an acre parcel, from which a found 1" iron pipe bears S13°24'16"W 0.44 feet; 18 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1131+62.61 - 1135+94.50 PROPERTY DESCRIPTION FOR PARCEL 206 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 4 October 27, 2014 (3) THENCE SOUTH 54°10'15." East, 73.02 feet, along the North line of the aforementioned Block A and the existing South right-of-way line of the aforementioned West Broadway Street, to the POINT OF BEGINNING and containing 0.347 of an acre (15,096 square feet) of land, more or less. Access maybe permitted in accordance with access management manual guidelines. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 - State of Texas CDSmuery - 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 19 CSJ # District # Code Chart 64 # Project: Not Research and Development / -a' /I 413'24'16"W' \ / / 0,44' \ \// y FOUND 1" I IRON PIPE / SSS• \\. ASF 5/ ESTATE OF RUTH PARR SPARKS DOC.# 1997-010128 0,R.N,O,T. • (/ 0 SS 7, UNION PACIFIC RAILROAD D0C.# 2012-011348 O.R.N.C.T. 4,.0../..64„ cpc42. S • ss4� 2 . JF, tic i/o 4c BLOCK A 96,, POC CITY OF CORPUS CHRISTI VOL. 193, PG. 228 D.R.N.C.T. 0.347 OF AN ACRE 15,096 SO. FT. 45 MON. 2 S 13'24' 16"W 300.66' I FDPN(D ST. 14 VICINITY MAP CORPUS CHRISTI, TEXAS NOT TO SCALE \MON. G.L. STATION OFFSET 1 1131+62.61 178,12' LT 2 1135+94.50 200.49' LT ---/ N39.03'29"E �\ 0.27' (FOUND 1-1/2" IRON PIPE GERALDINE M.B,S, JOHNSON DOC.# 2010-044182 O.R,N,C.T. THE COLONIA MEXICANA LEGEND SUBDIVISION VOL. 2, PG. 17 R.O.W. RIGHT-OF-WAY M.R.N.C.T. R PROPERTY LINE Q PROPOSED CENTERLINE D.R.N.C.T. DEED RECORDS NUECES COUNTY, TEXAS O.R.N.C,T, OFFICIAL RECORDS NUECES COUNTY, TEXAS M.R.N.C,T, MAP RECORDS NUECES COUNTY, TEXAS P.0.9. POINT OF BEGINNING p.O.C. POINT OF COMMENCING SET TEXAS DEPARTMENT OF - TRANSPORTATION "TYPE II" CONCRETE MONUMENT 50' 25' 0 50' SET 5/8" IRON ROD WITH PLASTIC SCALE IN FEET CAP STAMPED "CDS/MUERY S.A. TX" ® SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS "ACCESS DENIAL POINT" MANAGEMENT MANUAL GUIDELINES. • FOUND TxDOT TYPE I MONUMENT .A DESCRIPTION OF EVEN SURVEY DATE HEREIN FOUND 1/2" IRON ROD ACCOMPANIES THIS PLAT. (PARCEL 206.DOC) • (UNLESS OTHERWISE SHOWN) — ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 --SII-- ACCESS DENIAL LINE (A.D.L.) ® TEXAS PEPA 77/11ENT OF TRANSPORT/47102V I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 7'Ri7IM/ANRY, PIS DOCUMENT WALL NOr B£ R8VGROED FOR ANY PURPOSE AND &ALL Mgr BE US£O O? WOOED OR REL/ED I/R V ASA F?N4L SY/RYEY GOCUMEM, " R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5397 U.S. 181 PARCEL 1\10. 206 CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -0.347 OF AN ACRE 1 CORPUS CHRISTI DISTRIC DATE: OCTOBER 27, 2014 ' PAGE 4 OF 4 20 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1152+28.77 - 1155+59.98 PROPERTY DESCRIPTION FOR PARCEL 218 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 10 October 28, 2014 BEING a 3.886 acre (169,264 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and being out of a 3.983 acre tract of land described in an instrument to the City of Corpus Christi from The Guaranty Title and Trust Company, Trustee, a corporation and Jack Pope, Independent Executor of the Estate of W.E. Pope, Deceased, recorded in Volume 399, Page 297 of the Deed Records of Nueces County, Texas, dated January 23, 1948, and also being all of a tract of land described as Lots 16 - 17, Block A of the Diaz Addition, recorded in Volume A, Page 5, of the Map Records of Nueces County, Texas, in an instrument to the City of Corpus Christi from Mrs. E. L. Lloyd, recorded in Volume 285, Page 139, of the Deed Records of Nueces County, Texas, dated January 8, 1943, and also being all of a tract of land described as Lots 18 - 19, Block A of the aforementioned Diaz Addition, in an instrument to the City of Corpus Christi from John G. Marshall and Mable Kathryn Marshall, his wife, recorded in Volume 293, Page 304, of the Deed Records of Nueces County, Texas, dated November 4, 1943, and also being all of a tract of land described as Lots 20 -- 21, Block A, of the said Diaz Addition, in an instrument to the City of Corpus Christi from Lucius C. Andrews, recorded in Volume 282, Page 293, of the Deed Records of Nueces County, Texas, dated August 11, 1942, the aforementioned 3.886 acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a set 5/8" iron rod with plastic cap stamped "CDS/MOERY S.A. TX", for the Southwest corner of the aforementioned 3.983 acre tract, the Southeast corner of a 17.450 acre tract of land described in an instrument to the Housing Authority of The City of Corpus Christi, recorded in Volume 555, Page 328, of the Deed Records of Nueces County, Texas, and lying in the existing North right-of-way line of Winnebago Street (60' right-of-way width), dedicated as a 60' road in the Craven Ileights Addition, recorded in Volume A, Page 7, of the Map Records Nueces County, Texas; THENCE SOUTH 60°10'33" East, 162.48 feet, along the South line of the aforementioned 3.983 acre tract and the existing North right-of-way line of the aforementioned Winnebago Street, to a set Texas Department of Transportation "Type 11" concrete monument, for the POINT OF BEGINNING and lying in the proposed West right-of-way line of U.S. 181 (variable width right-of-way), and being the southwest corner of the herein descrihed 3.886 acre parcel; 21 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1152+28.77 - 1155+59.98 (1) PROPERTY DESCRIPTION FOR PARCEL 218 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 10 October 28, 2014 THENCE NORTHEASTERLY, an arc distance of 340.44 feet, with a curve to the right having a radius of 11,050.00 feet, a delta angle of 01°45'55", and a chord which bears North 14'49'14" East, 340.43 feet, leaving the South line of the aforementioned 3.983 acre tract and the existing North right-of-way line of the aforementioned Winnebago Street, along the proposed West right-of-way line of U.S. 181, to a set Texas Department of Transportation "Type 1I" concrete monument, lying in the North line of the said 3.983 acre tract and the South line of the aforementioned 17.450 acre tract, for the Northwest corner of the herein described 3.886 acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", bears, N83°05'24"W, 80.72 feet, for the Northwest corner of the said 3.983 acre tract and an angle corner of the said 17.450 acre tract; (2) THENCE SOUTH 83°05'24" East, 422.43 feet, leaving the proposed West right-of-way line of U.S. 181, along the North line of the aforementioned 3.983 acre tract and a South line of the aforementioned 17.450 acre tract, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", lying in the existing West right-of-way line of Lake Street (60' right-of-way width), dedicated as a 60' road in the Clarkson Addition, recorded in Volume A, Page 5, of the Map Records of Nueces County, Texas, being the Northeast corner of the said 3.983 acre tract, an angle corner of the said 17.450 acre tract, and for the Northeast corner of the herein described 3.886 acre parcel; 22 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1152+28.77 - 1155+59,98 (3) PROPERTY DESCRIPTION FOR PARCEL 218 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 10 October 28, 2014 THENCE SOUTH 10°06'51" West, 290.63 feet, along the East line of the aforementioned 3.983 acre tract, the existing West right-of-way line of the aforementioned Lake Street and the West line of a 1.175 acre "Tract II" tract of land, described in an instrument to HCS 311, LLC, recorded in Document #2005-021.231, Official Records Nueces County, Texas, passing at a distance of 30.46 a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", being the Southwest corner of the existing West right-of-way line of the said Lake Street and the Northwest corner of the said 1.175 acre tract, continuing along the East line of the said 3.983 acre tract and the West line of the said 1.175 acre tract, to a point for an angle corner of the said 3.983 acre tract, the Southwest corner of the said 1.175 acre tract, lying in the North line of a tract of land described as Lots 8 - 15, Block A, of the aforementioned Diaz Addition, in an instrument to Edwin Schroeder Properties, LLC, recorded in Document #2010-032523, Official Records Nueces County, Texas, and for an angle corner of the herein described 3.886 acre parcel, from which a found fence corner post bears, 874°56'10"W, 0.46 feet; (4) THENCE NORTH 88°36'24" West, 18.82 feet, along a South line of the aforementioned 3.983 acre tract, the North line of the aforementioned Schroeder tract, and the aforementioned Lots 13 - 15, Block A, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the said 3.973 acre, the Northwest corner of the said Schroeder tract, and for an angle corner of the herein described 3.886 acre parcel; (5) THENCE SOUTH 00°43'07" West, 91.11 feet, along the East line of the aforementioned 3.983 acre tract, the West line of the aforementioned Schroeder tract, and the West line of the aforementioned Lot 15, Block A, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for the Southeast corner of the said 3.983 acre tract, the Southwest corner of the said Schroeder tract, and lying in the existing North right-of-way line of the aforementioned Winnebago Street, for the Southeast corner of the herein described 3.886 acre parcel; EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1152+28.77 -- 1155+59.98 PROPERTY DESCRIPTION FOR PARCEL 218 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 4 OF 10 October 28, 2014 (6) THENCE NORTH 89°16'53" West, 269.59 feet, along the South line of the aforementioned Lots 16 - 21, Block A and the existing North right-of- way line of the aforementioned Winnebago Street, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the herein described 3.886 acre parcel; 24 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1152+28.77 - 1155+59.98 (7( PROPERTY DESCRIPTION FOR PARCEL 218 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 5 OF 10 October 28, 2014 THENCE NORTH 60'10'33" West, 191.21 feet, continuing along the South line of the aforementioned Lot 21, Block A, the South line of the aforementioned 3.983 acre tract, and the existing North right-of-way line of the aforementioned Winnebago Street, to the POINT OF BEGINNING and containing 3.886 acres (169,264 square feet) of land, more or less. Access maybe permitted in accordance with access management manual guidelines. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 - State of Texas COSmuery - 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 25 CSJ # District # Code Chart 64 # Project: Not Research and Development HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI 17.450 ACRES VOL. 555, PG. 328 D.R.N.C.T. POC MATCH LINE "A A=01'45'5 RT R=11,050 00' L=340.44' CH=340/43' CB=N14'449'14"E PAVILION WITH EN BASKETBALL COURT QUEZ VILLAREAL SURVEY ABSTRACT NO. 1 / 169,264 SQ. FT. 3.886 ACRES CITY OF CORPUS CHRISTI 3.983 ACRES VOL. 399, PG. 297 D.R.N.C.T. VOL. 282, PG. 293 VOL. 285, PG. 139 VOL. 293, PG. 304 D.R.N.C.T. I Z 1,4 L MON. C.L. STATION OFFSET 2 1155+59.98 300.00' RT Y ▪ r � IH -37 rpm) T. SITE 1 N cn MORGAN AVE VICINITY MAN CORPUS CHRIST. TEXAS NOT TO SCALE POB I11R la iso B� ��o•ro 1-O< 1 'O:GWo _ 41.4,'q, w , �9T DIAZ ADDITIO BLOCK -1A 'r/ VOL.. A, PG, 5' fv(R.N.C.T. 50' 25' 0 SCALE IN FEET ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THI5 PIAT. (PARCEL 218.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 50' LEGEND • SET TEXAS DEPARTMENT OF TRANSPORTATION 'TYPE II" CONCRETE MONUMENT o SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" O SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED 'ACCESS DENIAL PONT' • FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) —III— ACCESS DENIAL LINE (A.O.L.) I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 'PRELIM/M4) TEES DOCUMENT SEALL NOT BE REG'ORDOD pay ANY PURPOSE AND MALL NOT BE USED OR NEMfD OR RELIED UPON AS A EARL SURVEY DCCUMEA?.' R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 R.O.W. D.R.N.C.T. O.R.N.C.T. M.R.N.C.T. P.O.B. P.O.C. N89'16'53"W 269,59' -H RIGHT-OF-WAY PROPERTY LINE PROPOSED CENTERUNE DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUN1Y. TEXAS MAP RECORDS NUECES COUNTY. TEXAS POINT OF BEGINNING POINT OF COMMENCING TEXAS' DEPA RTdHENT OF TRANSPORTATION U.S. 181 PARCEL NO. 218 CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -3.888 ACRES [CORPUS CHRISTI DISTRICT DATE: OCTOBER 27. 2014 I PAGE 7 OF 10 26 CSJ # District # Code Chart 64 # Project: Not Research and Development HOUSING AUTHORITY OF THE CRY OF CORPUS CHRISTI 17.450 ACRES VOL. 555, PG. 32B D.R.N.C.T. N83'05'24"W 80.72' A'1'45'55" RT R=11,050.00' L=340.44' CH=340.43' CB=N14'49'14"E ON� ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. i S83'05'241 422.43' "Ay ai, MO sr. 1 N 1 u_ GOI AVE. �w VICINITY MAP ----- CORPUS CHRISTI, TEXAS NOT TO SCALE PAVILION WITH BASKETBALL COURT 169,264 SQ. FT. 3.886 ACRES CITY OF CORPUS CHRISTI 3.983 ACRES VOL. 399, PG. 297 D.R,N.C,T. VOL 282, PG. 293 VOL. 285, PG. 139 VOL. 293, PG. 304 D.R.N.C.T. l MATCH LINE "A" MON. C.L. STATION OFFSET 1152+28.77 300.00' RT ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 218.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE Tx DOT CONVERSION FACTOR OF 1.00000 LEGEND • SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT 50 25' 0 SCALE IN o SET 5/8' IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" • SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) ACCESS DENIAL UNE (A.D.L) 1 HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 'ARET/M/ANRY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR HEWED OR Ruin UPON AS A RIVAL SURVEY DOCUMENT.' R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 50' FEET MATCH LINE "B' R.O.W. RIGHT—OF—WAY ft PROPERTY UNE PROPOSED CENTERLINE D.R.N.C.T. DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING TEXAS _DEPAIRTMENT Ar OF TRANSPORTATION U.S. 181 PARCEL NO. 218 CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -3.886 ACRES CORPUS CHRISTI DISTRICT DATE: OCTO6ER 27, 2014 I PAGE 6 OF 10 27 CSJ # District # Code Chart 64 # Project: Not Research and Development HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI 17.450 ACRES VOL. 555, PG. 328 D.R.N.C.T. ENRIQUEZ VILMRE.4L SURVEY, ABSTRACT NO. 1 S83.05'24"E 422.43' 5 0,(Q#N me. I - VICINITY MAP CORPUS CHRISTI, T0(AS NOT TO SCALE 169,264 SQ. FT. 3.886 ACRES CITY OF CORPUS CHRISTI 3.983 ACRES VOL. 399, PG. 297 D.R.N.C.T. VOL. 282, PG. 293 VOL. 285, PG. 139 VOL. 293, PG. 304 D.R.N.C.T. MATCH LINE "C" _. EXISTIN-G-R.O.W. LAKE STREET (50' RIGHT-OF-WAY) VOL. A, PG. 5 M.R.N.C.T. X ------R.O.W. EXISTING R.O. 0 0, m w a a0, HCS 311, LLC "TRACT II" 1.175 ACRES 000.%/ 2005-021231 O.R.N.C.T. 1 li I i- 50' 25' 0 SCALE IN FEET LEGEND A SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT O SET 5/8' IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" ® SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) —III— ACCESS DENIAL LINE (A.D.L.) MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 218.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. ''REAM/N4RY, THIS DOCUMENT STET[[ NOT BE RECORDED FOR ANY PURPOSE AND SMLL NOT BE L/SED OR MEWED OR RETIED VAN AS .4 fIAGIL SURVEY DOCUMEM. " R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 50' R.O.W. RIGHT-OF-WAY IE PROPERTY UNE PROPOSED CENTERLINE D.R.N.C.T. DEED RECORDS NUECES COUNTY. TEXAS O.R.N.C.T. OFFICIAL RECORDS NUECES COUNTY, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY. TEXAS P.0,8. POINT OF BEGINNING P.O.C. POINT OF COMMENCING TEXAS IJE'PA_RTIIENT OF TRANSPORTATION U.S. 181 PARCEL NO. 218 CCSA 0101-06-095 5053 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -3.885 ACRES CORPUS CHRISTI DISTRICT DATE: OCTOBER 27, 2014 PAGE 9 OF 10 28 CSJ # District # Code Chart 64 # Project: Not Research and Development ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. i MATCH LINE "C" CIN OF CORPUS CHRISTI 3.983 \ACRES VOL. 399,. 297 D.R.N. T. VOL, 282, P 293 VOL, 285, PG\139 VOL. 293, PG. 304 D.R.N.C.T. 169,264 SQ. FT. 3.886 ACRES m 0 U O TP HCS 311, LLC "TRACT -II" ° /FOUND FENCE/, 1.175 ACRES CORNER % 1 DDC.# 2005-021231 -"- POST /� 1 0.R.N.C.T. j `\ S74' 6'10"W, 0.46' i — N88'36'24"W 18.82' EDWIN SCHROEDER PROPERTIES, LLC. DOC #.2010-032523 O.R.N.C.T. EXISTING R 0W'.'. N89'16'53"W 269.59' IR -37 VICINITY MAP CORPUS CHRISTI. TEYAS MOTTO SCALE ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 218.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 DIA IDDI-TION �LdSCK A VAI! PG .C.T. 5 MTR.NAj WINNEBAGO STREET (60' R.O.W. WIDTH) VOL. A, PG. 5 M.R.N.C.T. 50 25' 0 SCALE IN FEET LEGEND © SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE €1" CONCRETE MONUMENT 0 SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" ▪ SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) -HIH- ACCESS DENIAL LINE (A.D.L.) I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. pREZ/A//NARY, THIS DOCUMENT 3 4a NOT BE RECORDED FOR ANY PURPOSE AND MAIL NOT BE USO OR NEli•E° OR RELIED UPON AS A FINAL SURVEY DOCUMENT" R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 50' R.O.W. RIGHT-OF-WAY PROPERTY UNE c. PROPOSED CENTERLINE D.R.N.C.T. DEED RECORDS NUECES COUNTY, TEXAS O.R.N.C.T. OFFICIAL RECORDS NUECES COUNTY, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING ApprTFA'AS I2EPARTYVENT OF TRANSPORTATION- U.S. RANSPORTATION U.S. 181 PARCEL NO. 218 CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -3.886 ACRES CORPUS CHRISTI DISTRICT' DATE OCTOBER 27, 2014 l PAGE 10 OF 10 29 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1156+83.46 - 1158+39.24 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 9 November 3, 2014 PROPERTY DESCRIPTION FOR PARCEL 219 - Part I BEING a 1.641 acre (71,494 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and out of a remaining portion of a 2.63 acre tract of land described in an instrument to the City of Corpus Christi from Peter Berney, recorded in Volume 102, Page 626 of the Deed Records of Nueces County, Texas, dated January 30, 1914, and all of a tract of land described in an instrument to the City of Corpus Christi from Emma L. Lloyd, recorded in Volume 481, Page 516, of the Deed Records of Nueces County, Texas, also being out of Lot 1-A, of the Plat of Lots 1-A, 2-A, 3-A, & 4-A Bluff Annex, recorded in Volume 56, Page 56 of the Map Records of Nueces County, Texas, the aforementioned 1.641 acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for the Southeast corner of the aforementioned Lot 1-A, the Southwest corner of Lot 3-A of the aforementioned Plat of Lots 1-A, 2-A, 3-A, & 4-A Bluff Annex, and lying in the existing North right-of-way line of Interstate Highway 37 (variable width right-of-way), described as a 0.103 of an acre "Parcel 142" tract of land to the State of Texas, and recorded in Volume 910, Page 505, of the Deed Records of Nueces County, Texas; THENCE NORTH 87°09'35" West, 63.02 feet, along the South line of the aforementioned Lot 1-A, and the existing North right--of-way line of the aforementioned Interstate Highway 37, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and lying in the proposed East right-of-way line of U.S. 181 (variable width right-of-way), for the Southeast a corner of the herein described 1.641 acre parcel; (1) THENCE NORTH 87°09'35" West, 270.10 feet, continuing along the South line of the aforementioned Lot 1-A and the existing North right-of-way line of the aforementioned Interstate Highway 37, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the herein described 1.641 acre parcel; (2) THENCE NORTH 62°25'38" West, 14.82 feet, continuing along the South line of the aforementioned Lot 1--A and the existing North right-of-way line of the aforementioned Interstate Highway 37, to a found Texas Department of Transporation "Type II" concrete monument, for an angle corner of the herein described 1.641 acre parcel; 30 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1156+83.46 - 1158+39.24 (3) CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 9 November 3, 2014 PROPERTY DESCRIPTION FOR PARCEL 219 - Part I THENCE NORTH 23°48'41" West, 14.82 feet, continuing along the South line of the aforementioned Lot 1-A and the existing North right-of-way line of the aforementioned Interstate Highway 37, to a found Texas Department of Transportation "Type II" concrete monument, for an angle corner of the herein described 1.641 acre parcel; (4) THENCE NORTH 02°06'50" West, 153.38 feet, along the West line of the aforementioned Lot 1-A and the existing North right-of-way line of the aforementioned Interstate Highway 37, to a point, lying in the existing East right-of-way line of Brownlee Boulevard (variable width right-of- way - no document found), for an angle corner of the herein described 1.641 acre parcel, from which a found 60D nail bears, N06°03'51"E, 1.11 feet; (5) THENCE NORTH 00°29'56" East, 48.81 feet, along the West line of the aforementioned Lot 1-A and the existing East right-of-way line of the aforemenionted Brownlee Boulevard, to a point, for a point of curvature and an angle corner of the herein described 1.641 acre parcel, from which a found 5/8" iron rod bears N10°38'24"W 0.15 feet; (6) THENCE NORTHEASTERLY, an arc distance of 17.11 feet, with a curve to the right having a radius of 10.00 feet, a delta angle of 98°03'03", and a chord which bears North 49°31'29" East, 15.10 feet, along the West line ofthe aforementioned Lot 1-A and the existing East right-of- way line of the aforemenionted Brownlee Boulevard, to a point, lying in the existing South right-of-way line of Winnebago Street (60' right-of- way width), a 60' dedicated road in the Diaz Addition, recored in Volume A, Page 5, of the Map Records of Nueces County, Texas, for a point of curvature and an angle corner of the herein described 1.641 acre parcel, from which a found 5/8" iron rod bears N73°30'07"W 1.17 feet; (7) THENCE SOUTHEASTERLY, an arc distance of 44.42 feet, with a curve to the left having a radius of 325.00 feet, a delta angle of 07'49'55", and a chord which bears South 85°2.1'55" East, 44.39 feet, along the North line of the aforementioned Lot 1-A and the existing South right- of-way line of the aforemenionted Winnebago Street, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the herein described 1.641 acre parcel; EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1156+83.46 - 1158+39.24 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 9 November 3, 2014 PROPERTY DESCRIPTION FOR PARCEL 219 - Part I (8) THENCE SOUTH 89°16'53" East, 242.43 feet, along the North line of the aforementioned Lot 1-A and the existing South right-of-way line of the aforemenionted Winnebago Street, to a found drilled hole, for the North corner of the said Lot 1-A and the Northwest Corner of the aforementioned Lot 2-A, for the Northeast corner of the herein described 1.641 acre parcel; (9) THENCE SOUTH 06°05'21" East, 91.20 feet, leaving the North line of the aforementioned Lot 1-A and the existing South right-of-way line of the aforementioned Winnebago Street, along an East line of the said Lot 1-A and the West line of the aforementioned Lot 2-A, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the said Lot 1-A, the Southwest corner of the said Lot 2-A, and for an angle corner of the herein described 1.641 acre parcel; (10) THENCE SOUTH 89"54'34" East, 20.18 feet, along a North line of the aforementioned Lot 1-A and a South line of the aforementioned Lot 2-A, to a set Texas Department of Transportation "Type II" concrete monument, lying in the proposed East right-of-way of U.S. 181, for the beginning of a proposed "Access Denial Line" and an angle corner of the herein described 1.641 acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", bears 589°54'34"E, 30.53 feet being the Northeast corner of the said Lot 1-A; (11) THENCE SOUTHWESTERLY, an arc distance of 152.16 feet, with a curve to the left having a radius of 10,500.00 feet, a delta angle of 00°49'49", and a chord which bears South 12°51'53" West, 152.16 feet, along the proposed East right-of-way line of U.S., to the POINT OF BEGINNING and the end of the proposed "Access Denial Line", and containing 1.641 acres (71,494 square feet) of land, more or less. The total length of the herein described proposed "Access Denial Line" is 152.16 feet. Access is prohibited across the "Access Denial Line" to the highway facility from the remainder of the abutting property. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. 32 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1155+88.61 - 1156+83.46 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 4 OF 9 November 3, 2014 PROPERTY DESCRIPTION FOR PARCEL 219 - Part II BEING a 0.074 of an acre (3,236 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and being out of a tract of land described in an instrument to the City of Corpus Christi from Mrs. Emma L. Lloyd, recorded in Volume 481, Page 516, of the Deed Records of Nueces County, Texas, and being all of a tract of land to the City of Corpus Christi through Condemnation Proceedings No. 689, also being out of Lot 2-A, of the Plat of Lots 1-A, 2-A, 3-A, & 4-A Bluff Annex, recorded in Volume 56, Page 56 of the Map Records of Nueces County, Texas, the aforementioned 0.074 of an acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for the Northeast corner of Lot -2A of the aforementioned Plat of Lots 1- A, 2-A, 3-A, & 4-A Bluff Annex, and lying in the existing South right-of-way line of Winnebago Street (60' right-of-way), a 60' dedicated road in the Diaz Addition, recorded in Volume A, Page 5, Map Records Nueces County, Texas; THENCE NORTH 89°16'53" West, 515.42 feet, along the North line of the aforementioned Lot 2-A, and the existing South right-of-way line of the aforementioned Winnebago Street, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and being at the beginning of a proposed "Access Denial Line", also lying in the proposed East right-of-way line of U.S. 181 (variable width right-of-way), for the Northeast corner of the herein described 0.074 of an acre parcel; (1) THENCE SOUTHWESTERLY, an arc distance of 92.64 feet, with a curve to the left having a radius of 10,500.00 feet, a delta angle of 00°30'20", and a chord which bears South 13°31'57" West, 92.64 feet, leaving the North line of the aforementioned Lot 2-A and the existing South right- of-way line of the aforementioned Winnebago Street, along the proposed East right-of-way line of U.S. 181 and the proposed "Access Denial Line", to a set Texas Department of Transportation "Type II" concrete monument, lying in the South line of the aforementioned Lot 2-A and the North line of Lot 1-A of the aforementioned Plat of Lots 1-A, 2-A, 3-A, and 4-A Bluff Annex, for the end of the proposed "Access Denail Line", and for the Southeast corner of the herein described 0.074 of an acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MJERY S.A. TX", at a Northeast corner of the said Lot 1-A, bears 589°54'34"E, 30.53 feet; EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1155+88.61 - 1156+83.46 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 5 OF 9 November 3, 2014 PROPERTY DESCRIPTION FOR PARCEL 219 - Part II (2) THENCE NORTH 89°54'34" West, 20.18 feet, along the South line of aforementioned Lot 2-A and a North line of the aforementioned Lot 1-A, to a set 5/8" iron rod with plastic cap stamped "CDS/MCIERY S.A. TX", for the Southwest corner of the said Lot 2-A, an angle corner of the said Lot 1-A, and for the Southwest corner of the herein described 0.074 of an acre parcel; (3) THENCE NORTH 06'05'21" West, 91.20 feet, along the West line of the aforementioned Lot 2-A and the East line of the aforementioned Lot 1-A, to a found drilled hole, for the Northwest corner of the said Lot 2-A, a Northeast corner of the said Lot 1-A, and lying in the existing South right-of-way line of the aforementioned Winnebago Street, for the Northwest corner of the herein described 0.074 of an acre parcel; 34 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1155+88.61 - 1156+83.46 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 6 OF 9 November 3, 2014 PROPERTY DESCRIPTION FOR PARCEL 219 - Part II (5) THENCE SOUTH 89'16'53" East, 51.54 feet, along the North line of the aforementioned Lot 2-A and the existing South right-of-way line of the aforementioned Winnebago Street, to the POINT OF BEGINNING and containing 0.074 of an acre (3,236 square feet) of land, more or less. The total length of the herein described proposed "Access Denial Line" is 92.64 feet. Part I = 1.641 acres (71,494 square feet) Part II = 0.074 of an acre (3,236 square feet) Total = 1.715 acres (74,730 square feet) Access is prohibited across the "Access Denial Line" to the highway facility from the remainder of the abutting property. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 -- State of Texas CDSmuery - 3411 Magic Drive, San Antonio, Texas 78229 -- 210-581-1111 TBPLS No. 100495-00 35 CSJ # District # Code Chart 64 # Project: Not Research and Development SURV. ,r NO. .1 LOS -1 --A 2 3-k` BLUFF NNN,EX T L0L Ji 56 �L56 239 C OF—CORPUS CHRISTI V L. 1842, PC_- 952 - V L 2033 PG 165 ° VOL. 2.095, PG. 745 ONDDi'.R{�CQJT . WNTIJJ 0 689 1 E WINNEBAGO STREET GD C IH -37 • 6 5 SITE-" M5RGW VICINITY MAP e CORPUS CHRISTI, TEXAS NOT TO SCALE PART 11 ' —0.074 OF AN ACRE Th 3,236 SQ FT. PART I 1.641 ACRS L 71,494 SQ FT LOT 3-A o --.� CITY OF CORPUS-GHRI T$ I___ FP5-RSTA E HIGHWAY --37 (VARYING WIDTH RIGHT-OF-WAY) '�� 263 ACRE II, VOL 102, PG.R •VOt 481 -�G. '1 ' DN C T� 1 200' 100' 0 200' SCALE IN FEET ACCESS IS PROHIBITED ACROSS THE "ACCESS DENIAL LINE" TO THE HIGHWAY FACILITY FROM THE REMAINDER OF THE ABUTTING PROPERTY. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS THIS PLAT. (PARCEL 219.00C) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 'PRE/JAI/NW 7N/S DQCUMEWT SPALL Nor DE Rh -CORDED fi7R ANY PUfi1R2SE AND SMLL NOT et GSE° OR WEI+W OR RELIED UPON AS A f7N4. SURWEY DCGY/MENr. " LOT 4 z I H I �w - 7 C, L-1111 LEGEND R.O.W. SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE i1' CONCRETE MONUMENT • SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" D.R.N.C.T. • SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED O.R.N.C.T. ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT M.R.N.C.T. FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) ACCESS DENIAL LINE (ADL) R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 P.O.B. P.O.C. RIGHT-OF-WAY PROPERTY UNE PROPOSED CENTERLINE DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS MAP RECORDS NUECES COUNTY, TEXAS POINT OF BEGINNING POINT OF COMMENCING TL'XA S .0 EPA R T OF TRANSPORTATION U.S. 181 PARCEL NO. 219 - PART I AND II CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISRION-TOTAL OF 1.715 ACRES CORPUS CHRISTI DISTRICT DATE: NOVEMBER 3, 2014 PAGE 7 OF 9 36 CSJ # District # Code Chart 64 # Project: Not Research and Development FOUND 5/8" `_— IRON ROAC2 D ,� ,—_- G1-i� FOUND 5/8"I IRON ROD } A52I- 31 y a� z z w a x � U U I ao 0 0 o cY}z Wrr FOUND TOOT TYPE WINNEBAGO STREET (60 RIGHT-OF-WAY) _ VOL. -A.-ED 5 M.R.N.C.T. S89'16'53"E 242.43' ' / 7' \ ENRIQUEZ VILLr4RE.9L SURVEY, =1=/ \ ABSTRACT NO. 1 ,I I 1 N10'38'24'W I 1 1 \ EXISTING R10.W FOUND( NILLID HOLEI_ PLAT OF LOTS 1-A, 2—A, 3—A Sc 4—A BLUFF ANNEX VOL. 56, PG. 56 M.R.N.C.T. \ ? FOUND \ 1 / 600 NUL \ f \ =�( '17:<) / 1 1 , NO6'03'51"E/ ti \ 1.11' / • LOT 1 A -A CITY 'OF CORPUS CHRISITI VOL. 18�PG. •'952 VOL.�2033,, 1PG., 165 2095' PG. 745 -R N. .T. NATIO NO. 689 2 -STORY CINDER BLOCK & BRICK CITY OF CORPUS CHRISITI 2.63 ACRES VOL 102, PG. 626 48.5' I VOL 481, PG. 516 BLDG. 1 D.R.N.C.T. o / N23'48'41 "W„I, 14.82 FOTJNO� TxDOT TYPE II 17.2' A BLDG. / MON. C.L. STATION 1 1156+83.46 2 1158+39.24 2'25'38"W ----- 14.82' OFFSET 250.00' LT 250.00' LT PART I 1.641 ACRES 71,494 SQ. FT. S89'54'34"E 20.18' II MON BEGIN A.D.E. I q ® c CURVE RADIUS C1 10.00' C2 325.00' C3 10,500.00' 14' UTILITY F1)SEMENT Ex131/NG Row.N8T09 35 W , LNITR-NGTAT 27010 H�F�IYAY - (VARYING WIDTH R GHT-pF_WAY STT 1OF TEXAS "PARCEL 142" OF AN ACRE- i- VOL. 910, 50. 505 DRNC7^ L GTH DELTA CH. BEARING )CH. LENGTH 17.11' 98'03'03" RT N49'31'29"E 15.10' 44.42' 07'49'55" LT S85'21'55"E 44.39' 152.16 00'49'49" LT 512'51'53"W 152.16' VICINITY MAP CORPUS CHRISTI. TEXAS N00 TO SCALE ACCESS IS PROHIBITED ACROSS THE "ACCESS DENIAL LINE" TO THE HIGHWAY FACILITY FROM THE REMAINDER OF THE ABUTTING PROPERTY. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 219.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. ?WEZ/MIAWPY, INNS DOCUMENT SAW.L NOT BE RECORDED FEW ANY PURPOSE AND 5 iWL NOT BE LSO OR VIEWED OR RELIED UPON ASA ,'7MUL SURVEY DOCUMENT" LEGEND A SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT Q SET 5/6" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" • SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED ACCESS DENIAL POINT" • FOUND TxDOT TYPE [ MONUMENT FOUND 1/2' IRON ROD • (UNLESS OTHERWISE SHOWN) ON 2 .J_ LC OC� END A.D L- POB i, N-5;10 35"N 63;02' 50 25' 0 SCALE IN FEET —III— ACCESS DENIAL LINE (A.D.L) R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 R.O.W. D.R.N.C.T. O.R.N.C.T. M.R.N.C.T. P.0.13. P.O.C. 50' RIGHT-OF-WAY PROPERTY LINE PROPOSED CENTERUNE DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS MAP RECORDS NUECES COUNTY, TEXAS POINT OF BEGINNING POINT OF COMMENCING ` TEXAS DEPART/WENT OF TRANSPORTATION U.S. 181 PARCEL NO. 219 - PART I CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISMON-1.641 ACRES CORPUS CHRISTI DISTRICT' DATE: NOVEMBER 3, 2014 PAGE 8 OF 9 37 CSJ # District # Code Chart 64 # Project: Not Research and Development -- 589'16'53"E 51.54' UND ILLEO OLE,I m POB rL WINNETIA_GO STREET (60RIGHT-OF-WAY) VOL. A. PG. 5 M.R.N.C.T. N89' 16'53"W 515.42' PART 11 0.074 OF AN ACRE 3,236 SQ. FT. EX 1,5 TNG- ROW ....... _.. X �� �J 17 CORPUS ,CHRISITI LVOL 481 pc; .-516' VOL' '1842„PGi 952 VOL:•',203, PG.' 165 VOL.12095, PG. 745 D.RNCT ” CIpNDEMNATION- Nd. 689 LOT 2--A. SEE rl DETAIL A 1 -STORY CINDER BLOCK & BRICK I 30.53' PLAT 9F IMON 2 END s LOTS 1—LUFFA_ xANNEX 4 &'4— A 0, -- VOL. 56, G. 56— ENRIQLLAR�FAL ,SURVEY_ M.N.C.T. U. ABSTRACT NO. I' " I N89'54'34"W I 20.18' LOT 1 - /C POC CITY OF CORPUS CHRISITI DETAIL A 2.63 ACRES NOT TO SCALE VOL. 102, PG. 626 VOL. 481, PG. 516 // D.R.N.C.T. / LOT 3—A 'J EXISTING R.O.W. ��"'i lL1T� EASEMENT INTERSTATE HIGHWAY 37 (VARYING WIDTH RIGHT-OF-WAY) IIIMIN 50' 25' 0 50' SCALE IN FEET 1 wiz 1 -STORY oN eu ; CINDER BLOCK oa d & BRICK CURVE RADIUS LENGTH C1 10,500.00' 92.64' ACCESS IS PROHIBITED ACROSS THE "ACCESS DENIAL LINE" TO THE HIGHWAY FACILIN FROM THE REMAINDER OF THE ABUTTING PROPERTY. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 219.DOC) '0 VICINITY CORPUS CHRIST. SCALE MON. C.L. STATION 1 1155+88.61 2 1156+83.46 DELTA 00'30'20" LT OFFSET 250,00' LT 250.00' LT CH. BEARING CH. LENGTH S13'31'57"W 92.64' LEGEND R.O.W. • SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE R. MONUMENT O SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" ® SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON R09 • (UNLESS OTHERWISE SHOWN) ACCESS DENIAL LINE (A.D.L.) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. "PREUMIN4Rn TMS DOCUMENT MALL NOT BE RECORDED TDR ANY PURPOSE AND SK4LL Nor BE USED OR NEM W OR RELJED UPON AS A fM4L SURVEY DOCUMENT." R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5397 RIGHT-OF-WAY PROPERTY LINE PROPOSED CENTERLINE D.R.N.C.T. DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.C. PONT OF COMMENCING O.R.N.C.T. Apr 7' I' IJFPARTYIF'NT OF TRANS'PORTAT'ION U.S. 181 PARCEL NO. 219 — PART II CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -0.074 OF AN ACRE CORPUS CHRISTI DISTRICT! DATE NOVEMBER 3, 2014 PAGE 9 OF 9 38 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1157+57.19 - 1159+02.17 PROPERTY DESCRIPTION FOR PARCEL 221 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 6 November 3, 2014 BEING a 1.128 acre (49,144 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and being out of a remaining portion of a 2.63 acre tract of land described in an instrument to the City of Corpus Christi from Peter Berney, recorded in Volume 102, Page 626 of the Deed Records of Nueces County, Texas, dated January 30, 1914, and also being all of the remaining portion of a tract of land described as Lot 6, Block 1, Craven Heights Addition, recorded in Volume A, Page 7, of the Map Records of Nueces County, Texas, in an instrument to the City of Corpus Christi from H.G. Sherman, recorded in Volume 176, Page 90, of the Deed Records of Nueces County, Texas, dated December 28, 1927, and also being out of a tract of land described as Lot 7 and all of the remaining portion of Lots 4 and 5, Block 1, of the aforementioned Craven Heights Addition, in an instrument to the City of Corpus Christi from E.G. Younts and wife, Lois Younts, recorded in Volume 263, Page 455, of the Deed Records of Nueces County, Texas, dated December 14, 1940, and also being out of a tract of land described as Lots 1 and 8, and all of the remaining portions of Lots 2 and 3, Block 1, of the said Craven Heights Addition, in an instrument to the City of Corpus Christi from Arthur E. Scheffel and wife, Emma Scheffel, recorded in Volume 263, Page 534, of the Deed Records of Nueces County, Texas, dated December 24, 1940, the aforementioned 1.128 acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX', for a Northwest corner of Lot 7, Block 1, of the aforementioned Craven Heights Addition, the Southwest corner of a tract of land described in an instrument to the Housing Authority of the City of Corpus Christi recorded in Volume 266, Page 386 of the Deed Records of Nueces County, Texas, and lying in the existing East right-of-way line of Culberson Street (50' right-of-way width), a 50' dedicated road in the said Craven Heights Addition; THENCE SOUTH 89°32'38" East, 146.28 feet, along the North line of the aforementioned Lot 7, Block 1, and the South line of the aforementioned Housing Authority of the City of Corpus Christi tract, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and lying in a proposed "Access Denial Line", also lying in the proposed West right-of-way line of U.S. 181 (variable width right-of-way), and being the Northwest corner of the herein described 1.128 acre parcel; 39 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1157+57.19 - 1159+02.17 PROPERTY DESCRIPTION FOR PARCEL 221 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 6 November 3, 2014 (1) THENCE SOUTH 89°32'38" East, 163.83 feet, leaving the proposed West right-of-way line of U.S. 181 and the proposed West "Access Denial Line", along the North line of the aforementioned Lot 7, Block 1, the North line of the aforementioned remaining portion of Lots 4 - 6, Block 1, and the South line of the aforementioned Housing Authority of the City of Corpus Christi tract, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", lying in the West line of the aforementioned remaining portion of a 2.63 acre tract, for the Northeast corner of the said Lot 6, the Southeast corner of the said Housing Authority of the City of Corpus Christi tract, and for an angle corner of the herein described 1.128 acre parcel; (2) THENCE NORTH 19'03'26" East, 68.40 feet, along the West line of the aforementioned remaining portion of a 2.63 acre tract and the East line of the aforementioned Housing Authority of the City of Corpus Christi tract, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", being the Northwest corner of the said remaining portion of a 2.63 acre tract, the Northeast corner of the said Housing Authority of the City of Corpus Christi tract, and lying in the existing South right-of- way line of Winnebago Street (60' right-of-way width), a 60' dedicated road in the aforementioned Craven Heights Addition, for an angle corner of the herein described 1.128 acre parcel; (3) THENCE SOUTH 60°10'33" East, 25.68 feet, along the North line of the aforementioned remaining portion of a 2.63 acre tract and the existing South right-of-way line of the aforementioned Winnebago Street, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", lying in the existing West right-of-way line of Brownlee Boulevard (variable width right-of-way - no document found), being the Northeast corner of the said remaining portion of a 2.63 acre tract and for the Northeast corner of the herein described 1.128 acre parcel; 40 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1157+57.19 - 1159+02.17 PROPERTY DESCRIPTION FOR PARCEL 221 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 6 November 3, 2014 (4) THENCE SOUTH 00°29'56" West, 73.84 feet, along the East line of the aforementioned remaining portion of a 2.63 acre tract and the existing West right-of-way line of the aforementioned Brownlee Boulevard, to a point, lying in the existing North right-of-way line of Interstate Highway 37 (variable width right-of-way), described as a 0.434 of an acre "Parcel 143" parcel to the State of Texas, recorded in Volume 910, Page 505, of the Deed Records Nueces County, Texas, for an angle corner of the herein described 1.128 acre parcel, from which a found Texas Department of Transportation "Type II" concrete monument bears N00°29'56"E 1.78 feet; (5) THENCE SOUTH 03°10'42" West, 100.23 feet, along the East line of the aforementioned remaining portion of a 2.63 acre tract and the existing North right-of-way lineof the aforementioned Interstate Highway 37, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A.'TX", for an angle corner of the herein described 1.128 acre parcel; (6) THENCE SOUTH 25°04'54" West, 29.92 feet, continuing along the along the East line of the aforementioned remaining portion of a 2.63 acre tract and the existing North right-of-way line of the aforementioned Interstate Highway 37, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the herein described 1.128 acre parcel; (7) THENCE SOUTH 68°26'52" West, 29.92 feet, continuing along the along the East line of the aforementioned remaining portion of a 2.63 acre tract and the existing North right--of--way line of the aforementioned Interstate Highway 37, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for an angle corner of the herein described 1.128 acre parcel; 41 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1157+57.19 - 1159+02.17 PROPERTY DESCRIPTION FOR PARCEL 221 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 4 OF 6 November 3, 2014 (8) THENCE NORTH 89°51'52" West, 310.04 feet, along the South line of the aforementioned remaining portion of a 2.63 acre tract, the South line of the remaining portion of Lots 1 - 6, Block 1, of the aforementioned Craven Heights Addition, and continuing along the existing North right- of-way line of the aforementioned Interstate Highway 37, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", being the Southwest corner of the said remaining portion of Lot 1, Block 1, lying in the existing East right-of-way line of Culberson Street (50' right- of-way width), a 50' dedicated road in the said Craven Heights Addition, for an angle corner of the herein described 1.128 acre parcel; (9) THENCE NORTH 00°43'14" East, 39.40 feet, leaving the South line of the remaining portion of Lot 1, Block 1 and the North line of the aforementioned Interstate Highway 37, along the West line of the said remaining portion of Lot 1, Block 1 and the existing East right-of-way line of the aforementioned Culberson Street, to a set Texas Department of Transportation "Type II" concrete monument, lying in the proposed West right-of-way line of U.S. 181, for an angle corner of the herein described 1.128 acre parcel; (10) THENCE NORTH 64"40'08" East, 3.72 feet, leaving the West line of the said remaining portion of Lot 1, Block 1 and the existing East right- of-way line of the aforementioned Culberson Street, along the proposed West right-of-way line U.S. 181, to a set Texas Department of Transportation "Type II" concrete monument, for an angle corner of the herein described 1.128 acre parcel; 42 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1157+57.19 - 1159+02.17 PROPERTY DESCRIPTION FOR PARCEL 221 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 5 OF 6 November 3, 2014 (11) THENCE NORTH 50°21'02" East, 187.61 feet, continuing along the proposed West right--of--way line of the U.S. 181, passing at a distance of 63.44 feet, a set 5/8" iron rod with TxDOT aluminum cap stamped "Access Denial Point", for the Beginning of a proposed "Access Denial Line", continuing to the POINT OF BEGINNING and the end of the proposed "Access Denial Line" and containing 1.128 acres (49,142 square feet) of land, more or less. The total length of the herein described proposed "Access Denial Line" is 124.17 feet. Access is prohibited across the "Access Denial Line" to the highway facility from the remainder of the abutting property. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 - State of Texas CDSmnery - 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 43 CSJ # District # Code Chart 64 # Project: Not Research and Development MON. C.L. STATION OFFSET 1 1157+57.19 344.90' RT 2 1159+02.17 462.96° RT 3 1159+00.00 460.00' RT 4 1158+52.05 420.86' RT LINE BEARING LENGTH L1 S60'10°33"E 25.68' L2 525'04'54"W 29.92' L3 S68'26'52"W 29.92' L4 N64'40'08"E 3.72' /04oC POC EXISTING R.O.W. W co • z 9R - S89'32'38"E 146.28' HOUSING AUTHORITY OF THE CITY OF COPRUS CHIRSTI VOL. 266, PG. 386 D.R.N.C.T. POB BEG ADL MON. 4 END ADL MON. 1 589'32'38"E 163.83' THE CITY OF CORPUS CHRISTI REMAING PORTION OF 2.63 ACRES VOL 102, PG. 626 D.R.N.C.T. VOL. 176, PG. 90 VOL. 263, PG. 455 VOL. 263, PG. 534 D.R.N.C.T. MON. 3 L4 MON. 2 0 0 z CRAVEN HEIGHTS ADDITION BLOCK 1 VOL. A, PG. 7 M.R. N.C.T. MORGAN AVE. 1. VICINITY MAP CORPUS CHRISTI, TEXAS NOT TO SCALE EXISTING R.D.W. STATE OF TEXAS "PARCEL 143" 0.434 OF AN ACRE VOL. 910, PG. 505 D.R.N.C.T. ACCESS IS PROHIBITED ACROSS THE "ACCESS DENIAL LINE" TO THE HIGHWAY FACILITY FROM THE REMAINDER OF THE ABUTTING PROPERTY. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 221.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 7MIVIN1RY, THIS DOCUMENT SNAIL NOT BE RECORDED FOR ANY PURPOSE AND SNAIL NOT BE USED OR HEWED 0W REZIED UPON AS A MAL SURVEY DOCUMENT." so, T 49 l'r°y a P 1.128 ACRE 49,144 SQ. FOUND TxDOT \No, TYPE II N. I, �a 1 N 0 N89`51'52"W 310.04' INTERSTATE HIGHWAY 37 (VARYING WIDTH RIGHT-OF-WAY) I LEGEND • SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT SET 5/8' IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" ® SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" i FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) ACCESS DENIAL LINE (AA.L) 0 50' R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 25' SCALE R.O.W. D.R.N.C.T. O.R.N.C.T. M.R.N.C.T. P.O.B. P.O.C. 0 IN FEET RIGHT-OF-WAY PROPERTY UNE PROPOSED CENTERLINE DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS MAP RECORDS NUECES COUNTY, TEXAS POINT OF BEGINNING POINT OF COMMENCING 50' TEXAS DEPART'YIENT OF TRANSPORTATION U.S. 181 PARCEL N0. 221 CCSJ: 0101-06-095 RCSJ: 0101-08-109 NUECES COUNTY, TEXAS ROW ACQUISTDON-1.126 ACRES CORPUS CHRISTI DISTRICT! DATE NOVEMBER 3, 2014 PAGE 6 OF 6 44 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1163+13.64 - 1164+34.06 PROPERTY DESCRIPTION FOR PARCEL 222 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 4 October 27, 2014 BEING a 0.080 of an acre (3,476 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and out of a tract of land described in an instrument to the City of Corpus Christi from Mrs. Elizabeth D. Clarkson, recorded in Volume 76, Page 107, of the Deed Records of Nueces County, Texas, dated May 30, 1911, and out of a tract of land described in an instrument to the City of Corpus Christi from Dennis McBride, recorded in Volume 76, Page 108, of the Deed Records of Nueces County, Texas, and also out of a tract of land described in an instrument to the City of Corpus Christi from The Corpus Christi National Bank, recorded in Volume 76, Page 110, of the Deed Records of Nueces County, Texas, also being out of a remaining portion of Lots 10, 11, and 12, Block 3, of the West End Addition, recorded in Volume A, Page 5 of the Map Records of Nueces County, Texas, the aforementioned 0.080 acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a found Texas Department of Transportation "Type II" concrete monument, lying in the North line of the aforementioned remaining portion of Lot 10 and in the existing South right-of-way line of Interstate Highway 37 (variable width right-of-way), described as a 0.390 of an acre "Parcel 204" tract of land in an instrument to the State of Texas, recorded in Volume 896, Page 581, of the Deed Records Nueces County, Texas; THENCE SOUTH 60°48'49" West, 35.96 feet, along the North line of the aforementioned remaining portion of Lot 10 and the existing South right-of- way line of the aforementioned Interstate Highway 37, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and lying in the proposed East right-of-way line of U.S. 181 (variable width right-of-way), for the Northeast corner of the herein described 0.080 of an acre parcel; (1) THENCE SOUTH 13°03'50" West, 117.98 feet, leaving the North line of the aforementioned remaining portion of Lot 10 and the existing South right-of-way line of the aforementioned Interstate Highway 37, along the proposed East right-of-way line of U.S. 181, to a set Texas Department of Transportation "Type II" concrete monument, lying in the South line of the aforementioned Lot 12 and in the North line of a 12' alley, dedicated in the aforementioned West End Addition, for the Southeast corner of the herein described 0.080 of acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for the Southeast corner of the aforementioned Lot 12, bears S89°27'07"E, 120.08 feet; 45 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1163+13.64 - 1164+34.06 PROPERTY DESCRIPTION FOR PARCEL 222 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 4 October 27, 2014 (2) THENCE NORTH 89°27'07" West, 24.23 feet, along the South line of the aforementioned Lot 12 and the North line of the aforementioned 12' alley, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", lying in the East line of a 12' alley, dedicated in the aforementioned West End Addition, for the Southwest corner of the herein described 0.080 of an acre parcel; (3) THENCE NORTH 00°32'53" East, 80.43 feet, along the East line of the aforementioned 12' alley, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX, lying in the existing South right-of-way line of the aforementioned Interstate Highway 37 and remaining portion of the aforementioned Lot 11, for the Northwest corner of the herein described 0.080 of an acre parcel; (4) THENCE NORTH 51°03'28" East, 32.26 feet, along the North line of the aforementioned remaining portion of Lot 11, the North Line of the aforementioned remaining portion of Lot 10, and the existing South right-of-way line of the aforementioned Interstate Highway 37, to a found Texas Department of Transportation "Type II" concrete monument, for an angle corner of the herein described 0.080 of an acre parcel; 46 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1163+13.64 - 1164+34.06 (5) PROPERTY DESCRIPTION FOR PARCEL 222 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 4 October 27, 2014 THENCE NORTH 60°48'49" East, 28.68 feet, continuing along the North line of the aforementioned remaining portion of Lot 10 and the existing South right--of--way line of the aforementioned Interstate Highway 37, to the POINT OF BEGINNING and containing 0.080 of an acre (3,476 square feet) of land, more or less. Access maybe permitted in accordance with access management manual guidelines. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 - State of Texas CDSmuery - 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 47 CSJ # District # Code Chart 64 # Project: Not Research and Development ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1 7 • 3 wl' - oe 4Y • FOUND TxDOT TYP STATE OF TEXAS "PARCEL 204" POC D 0.390 OF AN GA 581 Y „3/ FO O TYPE dl D.R.N.C.T. GZ-11S syN,•() �1 5 N'EN R\GN1' FOUND ..(1..1 `,,y,R ,�G 14\0 TxDOT TYPE FOUND TxDOT TYPE I MON. 1 POB_ FOUND TxDOT TYPE II LOT1 . , CITY OF CORPUS CHRISTI VOL. 76, PG. 107 VOL. 76, PG. 108 VOL: 761 PG, 110 D.R.N.C.T. .r - • WEST END ADDITION BLOCK 3 VOL. A, PG. 5 LOT 10 LOT 12 589'47'22"E \ 0.72' FOUND 1 TxDOT TYPE II/ \ / .---- MON. MON. C.L. STATION OFFSET LINE BEARING LENGTH. 1 1163+13.64 245.00' LT L1 S60'48'49"W 35.96' 2 1164+34.06 237.87' LT L2 N89'27'07'W 24.23' L3 N51'03'28"E .32.26' L4 N60'48'49"E 28.68' OISZEWSKI STAINED GLASS STUDIO VOL. 1907, PG. 597 D.R.N.C.T. ADOLPH M. GONZALES AND RRA GONZALES OOC.j 1999-031455 O.R.N.C.T. 50' 25' 0 SCALE IN FEET 50' ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 222.DOC) 0.080 Ofr AN ACRE 3,476 I SQ. VICINITY MAP CORPUS CHRISTI, TEXAS NOT TO SCALE LEGEND R.O.W. c. D.R.N.C.T. 6 SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT O SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" ® SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" • FOUND TxDOT TYPE I MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) ACC SS DENIAL LINE (A.D.L.) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 'PREININARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURF125F AND MALL NOT BE USED OR NEWED DR RELIED UPON AS FINAL 5Y/RtEY DOCUMENT.' R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 O.R.N.C.T. M.R.N.C.T. P.0.9. P.O.C. RIGHT—OF—WAY PROPERTY UNE PROPOSED CENTERLINE DEED RECORDS NUECES COUNTY, TEXAS OFFICIAL RECORDS NUECES COUNTY, TEXAS MAP RECORDS NUECES COUNTY, TEXAS POINT OF BEGINNING POINT OF COMMENCING XAS DEPARTAI TT OF TRANSPORTATION U.S. 181 PARCEL NO. 222 CCSJ: 0101-06-095 RCSJ: 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUIS€TION-0.260 OF AN ACRE 1 CORPUS CHRISTI DISTRICT DATE: OCTOBER 27, 2014 I PAGE 4 OF 4 48 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1163+67.02 PROPERTY DESCRIPTION 8'OR PARCEL 223 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 4 October 27, 2014 BEING a 0.159 of an acre (6,923 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and out of a tract of land described in an instrument to the City of Corpus Christi from Mrs. Elizabeth D. Clarkson, recorded in Volume 76, Page 107, of the Deed Records of Nueces County, Texas, dated May 30, 1911, and out of a tract of land described in an instrument to the City of Corpus Christi from The Corpus Christi National Bank, recorded in Volume 76, Page 110, of the Deed Records of Nueces County, Texas, also being out of a remaining portion of Lots 7 and 8, Block 3, of the West End Addition, recorded in Volume A, Page 5 of the Map Records of Nueces County, Texas, the aforementioned 0.159 acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a found Texas Department of Transportation "Type II" concrete monument, lying in the North line of the remaining portion of a 12' alley, dedicated in the aforementioned West End Addition and in the existing South right-of-way line of Interstate Highway 37 (variable width right-of-way), described as a 0.390 of an acre "Parcel 204" tract of land in an instrument to the State of Texas, recorded in Volume 896, Page 581, of the Deed Records Nueces County, Texas; THENCE SOUTH 70°36'06" West, 3.78 feet, along the North line of the remaining portion of the aforementioned 12' alley and the existing South right-of-way line of the aforementioned Interstate Highway 37, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and lying in the East line of the aforementioned remaining portion of Lot 8 and for the Northeast corner of the herein described 0.159 of an acre parcel; (1) THENCE SOUTH 00°32'53" West, 72.18 feet, leaving the existing South right-of-way line of the aforementioned Interstate Highway 37, along the East line of the aforementioned remaining portion of Lot 8, Lot 7 and the West line of the aforementioned 12' alley, to a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", lying in the South line of the aforementioned remaining portion of Lot 7 and in the North line of a 12' alley, dedicated in the aforementioned West End Addition, for the Southeast corner of the herein described 0.159 of acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX" tor the southeast corner of Lot 12 of the aforementioned West End Addition, bears S89°27'07"E, 156.31 feet; 49 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 1B1 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 1163+67.02 PROPERTY DESCRIPTION FOR PARCEL 223 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 2 OF 4 October 27, 2014 (2) THENCE NORTH 89°27'07" West, 144.00 feet, along the South line of the aforementioned remaining portion of Lot 7 and the North line of the aforementioned 12' alley, to a point, lying in the existing South right-of-way line of the aforementioned Interstate Highway 37, for the Southwest corner of the said aforementioned Lot 7 and the Southwest corner of the herein described 0.159 of an acre parcel, from which a found Texas Department of Transportation "Type II" concrete monument, bears S89°47'22"E, 0.72 feet; (3) THENCE NORTH 28°09'47" East, 49.63 feet, along the West line of the aforementioned remaining portion of Lot 7 and the existing East right- of-way line of the aforementioned Interstate Highway 37, to a found Texas Department of Transportation "Type II" concrete monument for an angle corner of the herein described 0.159 of an acre parcel; (4) THENCE SOUTH 89°27'07" East, 43.27 feet, along the North the of the aforementioned remaining portion of Lot 7 and the existing South right- of-way line of the aforementioned Interstate Highway 37, to a found Texas Department of Transportation "Type II" concrete monument, for an angle corner of the herein described 0.159 of an acre parcel; 50 COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: CCSJ: 0101-06-095 RCSJ: 0101-06-109 1163+67.02 EXHIBIT "A" From: Nueces Bay To: Agnes Street PROPERTY DESCRIPTION FOR PARCEL 223 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 4 October 27, 2014 (5) THENCE NORTH 70°36'06" East, 82.68 feet, continuing along the North line of the aforementioned remaining portion of Lot 7, the North line of the aforementioned remaining portion of Lot 8, and the existing South right-of-way line of the aforementioned Interstate Highway 37, to the POINT OF BEGINNING and containing 0.159 of an acre (6,923 square feet) of land, more or less. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed U.S. 181 alignment. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of , 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No. 5397 - State of Texas CDSmuery - 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 51 CSJ # District # Code Chart 64 # Project: Not Research and Development STATE OF TEXAS "PARCEL 204" 0.390 OF AN ACRE 3`1 VOL. 896, PG. 581 D.R.N.C.7. Si\GOF ,W PFOUTYPND `O- TxOOT E, ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1 FOUND TxDOT TYPE If LOT 10 FOUNDI TxDOT TYPE 11 r 14`CF'g V1JG 41- MON. 1/ L LOT 1 -- PO��� CITY OF CORPUS CHRISTI FOUND FOUNp�6 E .61.P. -.POC VOL. 76, PG. 108 TxDOT TYPE Txo0T TYPE I€- N�036EXstIdG LOT B N I a VOL 76, PG. 110 //� � — — — —4'— r- i- c D.R.N.C.T. </v o 1 n1 WEST END ADDITION ice' 0) r1� VOL. 3 o, .co c, LOT 7 0.159 OF oAN ACRE r A, PG. 5 go , o M.R:N.C.T,__:_, 6,923 SQ. FT: � tS ob 1 LOT 12. EXISTING R:Ow. _.. x89'27'07"E 156.31' CI \-: N89'27' 07"W 144.00'_ 12' ALLEY S89.47'22E 0.72' FOUND Tx00T TYPE 4/ MON. C.L. STATION OFFSET 1 1163+67.02 190.90' LT 50' 25' 0 50' SCALE IN FEET OLSZEWSKI STAINED GLASS STUDIO VOL 1907, PG. 597 D.R.N.C.T. ADOLPH M. GONZALES AND RRA GONZALES DOC.# 1999-031455 O.R.N.C.T. 1INE BEARING LENGTI-1 L1 S70'36'06"W 3.78' L2 389'27'07"E 43.27' L3 S51'03'28"W 43.20' e \ IH -37 LEOPARD ST. 0 MORBIUI AVE BALDRIN BLVD VICINITY MAP CORPUS CHRISTI, TEXAS NOT TO SCALE LEGEND R.O.W. RIGHT-OF-WAY A SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE E PROPERTY LINE MONUMENT PROPOSED CENTERLINE • SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY 5.A. TX" D.R.N.C.T. DEED RECORDS NUECES COUNTY, TEXAS ® SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED O.R.N.C.T. OFFICIAL RECORDS "ACCESS DENIAL POINT" NUECES COUNTY, TEXAS • FOUND TxDOT TYPE I MONUMENT M.R.N.C.T. MAP RECORDS FOUND 1/2" IRON ROD NUECES COUNTY, TEXAS A DESCRIPTION OF EVEN SURVEY DATE HEREIN • (UNLESS OTHERWISE SHOWN) p,Q,B, POINT OF BEGINNING ACCOMPANIES THIS PLAT. (PARCEL 223.DOC) —11— ACCESS DENIAL LINE (A.D.L.) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES. DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. PRE1JM/N4RY, THIS D000IME]VT MALL NOT BE RECORDED FOR ANY PURPOSE AND SHILL NOT BE USED OR HEWED 134 REZIED UPON AS A FINAL SURVEY DOCUMEM.' R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 P.Q.C. POINT OF COMMENCING TF XA S P EP A R TkLI EN T Air OF TRANSPORTATION U.S. 181 PARCEL N0. 223 CCSJ: 0101-06-095 RCS): 0101-06-109 NUECES COUNTY, TEXAS ROW ACQUISITION -0.159 OF AN ACRE CORPUS CHRISTI DISTRICT DATE: OCTOBER 27, 2014 I PAGE 4 OF 4 52 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 29+07.35 - 29+72.83 PROPERTY DESCRIPTION FOR PARCEL 251 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 1 OF 4 November 3, 2014 BEING a 0.015 acre (634 square feet) parcel of land situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, and being out of the remaining portion of Lot 4, Block 2, Craven Heights Addition, recorded in Volume A, Page 7, of the Map Records of Nueces County, Texas, in an instrument to the City of Corpus Christi from Virginio Rois and wife, Mercedes Rios, recorded in Volume 1366, Page 57, of the Deed Records of Nueces County, Texas, dated April 3, 1970, and also being out of the remaining portion of Lot 3, Block 2 of the aforementioned Craven Heights Addition, in an instrument to the City of Corpus Christi from I.W. Shaffer and wife, Marjorie W. Shaffer, recorded in Volume 1365, Page 147, of the Deed Records of Nueces County, Texas, dated February 24, 1970, the aforementioned 0.015 acre parcel of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a found Texas Department of Transportation "Type II" concrete monument, lying in the existing East right-of-way line of Coke Street (50' right-of-way width), a 50' dedicated road in the aforementioned Craven Heights Addition, and in the existing North right-of-way line of Interstate Highway 37 (variable width right-of-way), described as a 0.027 of an acre "Parcel 147" parcel, to the State of Texas, recorded in Volume 928, Page 616, of the Deed Records of Nueces County, Texas, and also described as a 0.032 of an acre "Parcel 146" parcel, to the State of Texas, recorded in Volume 908, Page 157, of the Deed Records of Nueces County, Texas, and also described as a 0.036 of an acre "Parcel 146" parcel, to the State of Texas, recorded in Volume 910, Page 342, of the Deed Records of Nueces County, Texas, and also described as a 0.040 of an acre "Parcel 145" parcel, to the State of Texas, recorded in Volume 907, Page 402, of the Deed Records of Nueces County, Texas, for the Southwest corner; THENCE NORTH 86°18'04" East, 134.97 feet, leaving the existing West line of the existing East right-of-way line of the aforementioned Coke Street, along the South line of the said Craven Heights Addition and the existing North right- of-way line of the aforementioned Interstate Highway 37, to a set Texas Department of Transportation "Type II" concrete monument, for the POINT OF BEGINNING and lying in the proposed West right-of-way line of U.S. 181 (variable width right-of-way), and being the Southwest corner of the herein described 0.015 acre parcel; 53 CSJ # District # Code Chart 64 # Project: Not Research and Development EXHIBIT "A" Page 2 OF 4 COUNTY: Nueces November 3, 2014 HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101.06-109 29+07.35 - 29+72.83 (1) PROPERTY DESCRIPTION FOR PARCEL 251 THENCE NORTH 64°40'08" East, 72.83 feet, along the proposed West right-- of-way line of U.S. 181, to a set Texas Department of Transportation "Type II" concrete monument, lying in the East line of the said City of Corpus Christi tract, the existing West right-of-way line of Culberson Street (50' right-of-way width), a 50' dedicated road in the aforementioned Craven Heights Addition, for the Northeast corner of the herein described 0.015 acre parcel, from which a set 5/8" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for the Northeast corner of the Lot 6, bears N00°43'14"E 146.69 feet; (2) THENCE SOUTH 00°43'14" West, 17.04 feet, leaving the proposed West right- of-way line of U.S. 181, along the East line of the aforementioned City of Corpus Christi tract and the existing West right-of-way line of the aforementioned Culberson Street, to a set 5/0" iron rod with plastic cap stamped "CDS/MUERY S.A. TX", for the Southeast corner of the herein described 0.015 acre parcel in the North right-of-way of Interstate 37; (3) THENCE SOUTH 75°20'33" West, 51.86 feet, departing said Culberson Street, along the South line of the aforementioned City of Corpus Christi tract and the existing North right--of--way line of the aforementioned Interstate Highway 37, to a set 5/8" iron rod with plastic cap stamped "CPS/MUERY S.A. TX", for an angle corner of the herein described 0.015 acre parcel; 54 EXHIBIT "A" COUNTY: Nueces HIGHWAY: U.S. 181 PROJECT LIMITS: From: Nueces Bay To: Agnes Street CCSJ: 0101-06-095 RCSJ: 0101-06-109 29+07.35 - 29+72.83 PROPERTY DESCRIPTION FOR PARCEL 251 CSJ # District # Code Chart 64 # Project: Not Research and Development Page 3 OF 4 November 3, 2014 (4) THENCE SOUTH 86°18'04" West, 15.48 feet, along the South line of the aforementioned City of Corpus Christi tract and the existing North right- of-way line of the aforementioned Interstate Highway 37, to the POINT OF BEGINNING and containing 0.015 acres (634 square feet) of land, more or less. Access maybe permitted in accordance with access management manual guidelines. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, South Zone, NAD83(93). All coordinates, distances and areas shown are surface and may be converted to grid by dividing by the TxDOT conversion factor of 1.00000. A plat of even survey date herein accompanies and is made a part of this description. Stationing based off of proposed IH 37 alignment.. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, R. Clay Swetman, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision. Date day of 2014 A.D. "PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT." R. Clay Swetman Registered Professional Land Surveyor No, 5397 - State of Texas CDSmuery - 3411 Magic Drive, San Antonio, Texas 78229 - 210-581-1111 TBPLS No. 100495-00 55 CSJ # District # Code Chart 64 # Project: Not Research and Development MON.---- _C, L--STATION- 1 29+72.83 2 Z3+07.35 OFf4sCr 238.90' RT 270.79' RT HOUSING AUTHORITY OF THE CITY OF COPRUS CHIRSTI VOL. 266, PG. 386 D.R.N.C.T. r. ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1 THE CITY VOL. VOL. CARVEN HEIGHTS ADDITION BLOCK 2 VOL. A, PG. 7 M.R.N.C.T. CI OF CORPUS CHRISTI 1365, PG. 147 1366, PG. 57 D.R.N.C.T. 415 ACRE - 4 S POB POC T11SEXISTING R.ow N86'18' 04"E 134.97' FOUND _ 1TzDOT TYP ISDI - j In PROPO\Dl•� • 6,0 MON 1 �• S' `-$6' S86' 18'04"W 15.48' _J 3 11 • o�. 0 6- X MON. EXISTING R.O.W. BLOCK 1 2 S00'43' 14'W 17.04' I I I / L_— STATE OF TEXAS ' STATE OF TEXAS ' STATE OF TEXAS STATE OF TEXAS "PARCEL 147" "PARCEL. I4fi' "PARCEL 145" _ PARC0.040 OF 0R]27 OF AN ACRE 0.032 OF AN ACRE_.,JT: N- AN ACRE VOL 92a Pr, 53.&. -- 5A 50 0-T37 VOL. 910, PC. 342 VOL,. 907; - P0.- 402 VOL. 910.. B _ 505-- 6i;xNC.T. I6-37 LEOPARD ST 5 VICINITY MAP CORPUS CHRISTI, TEXAS NOT TO SCALE -- ______,_______,INTE-N-8- — TIIGHWAY 37:_� (VARYING WIDTH RIGHT-OF-WAY) - ENRIQUEZ VILLAREAL SURVEY, ABSTRACT NO. 1 ACCESS MAYBE PERMITTED IN ACCORDANCE WITH ACCESS MANAGEMENT MANUAL GUIDELINES. A DESCRIPTION OF EVEN SURVEY DATE HEREIN ACCOMPANIES THIS PLAT. (PARCEL 251.DOC) ONLY EASEMENTS SHOWN HEREON WERE REVIEWED BY CDS/MUERY LEGEND 50 25' 0 SCALE IN FEET R.O.W. • SET TEXAS DEPARTMENT OF TRANSPORTATION "TYPE II" CONCRETE MONUMENT 0 D.R.N.C.T. SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" SET 5/8" IRON ROD WITH TxDOT ALUMINUM CAP STAMPED "ACCESS DENIAL POINT" ▪ FOUND TxDOT TYPE 1 MONUMENT FOUND 1/2" IRON ROD • (UNLESS OTHERWISE SHOWN) —11— ACCESS DENIAL LINE SERVICES THE BEARING BASIS FOR THIS SURVEY IS GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(93). ALL COORDINATES, DISTANCES AND AREAS SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT CONVERSION FACTOR OF 1.00000 I HEREBY CERTIFY THAT THE ABOVE DRAWING IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. 7PREL/M/A44RY, 7H'S DOCUMEWT SHV. NOT HE RECORDED RJR ANY PURPOSE AND SH4LL NOr 5E USED OR VIEWED OR RELIED UPON AS A ANAL SURVEY a7CU41E4T." R. CLAY SWETMAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5397 50' RIGHT-OF-WAY PROPERTY UNE PROPOSED CENTERLINE DEED RECORDS NUECES COUNTY. TEXAS O.R.N.C.T. OFFICIAL RECORDS NUECES COUNTY, TEXAS M.R.N.C.T. MAP RECORDS NUECES COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING TL XA5 .DEPARTrYlE NT OF TRANSPORTATION U.S. 181 PARCEL NO. 251 CCS3: 0101-06-095 ROW: 0101-06-109 NUECES COUNTY, TEXAS ROW ACOUISETION-0.015 OF AN ACRE 1 CORPUS CHRISTI DISTRICT DATE: NOVEMBER 3. 2014 PAGE 4 OF 4 56 CSJ # District # Code Chart 64 # Project: Not Research and Development ATTACHMENT B CITY RESOLUTION OR ORDINANCE CSJ # District # Code Chart 64 # Project: Not Research and Development ATTACHMENT C MAP OF PROJECT r JJ < _ Project Li Nueces Bay Option Work Project Limit redreet OP _ ai .-'.J .tw �3f*N u%J.:,,ryf ! 1Jfll, miumimaimonr, a mown pi —worm f i 1' .nur37sy _arifalarr \ X 9"1gii}i ACP rJ-'444th: Crs13 £> argEth.n 58 csb Corpus Chr sti Capital Programs US 181 Harbor Bridge Replacement Project (HBRP) Council Presentation December 9, 2014 Why Relocate Bridge? Corpus Chr sti Capital Programs • Relocating the US 181 Harbor Bridge* — ✓ Improves Safety ➢ Geometry ➢ Road Grade ➢ Shoulders ➢ Hurricane Evacuation V Addresses Long Term Maintenance and Operations Concerns ➢ Steel Structure Over Salt Water ➢ Fracture Critical (no redundant supporting elements) ➢ Decrease Overall Maintenance Cost ➢ Reduce Potential Roadway Closures *TxDOT—July 30, 2014 HBR Project Description Corpus Chr sti Capital Programs ✓DEVELOP -DESIGN -CONSTRUCT -MAINTAIN CONTRACT: • Removal and replacement of the existing Harbor Bridge • Recommended Alternative - Red Alternative. • Total project length is 6.44 miles (bridge and connecting roadways) • 6 -lane divided structure • Re-routing of US 181 from 1-37 bridge • Improve SH 286 and 1-37 interchange to add direct connects • Improve 1-37 from Shoreline to Nueces Bay for re-routing of US 181 • Reconstruct US 181 north to Beach Avenue • Reconstruct US 181 at Burleson Street • Utility Relocations • ROW Acquisition • Environmental Mitigation • Public Involvement HBR Timeline Corpus Chr sti Capital Programs May 1956 — Construction Begins on Harbor Bridge Nov 1959 — Bridge Opens to Traffic 2003 — TXDOT Completes Study Which Recommends Replacing Bridge 2011— TXDOT Holds Public Scoping Meetings Jan 2013 — TXDOT Prepares Route Scenarios Jun 2013 — Council Approves Resolution of Support (029867) Jun 2013 — Texas Transportation Commission (TTC) Commits Funding for HBR Jan 2014 — TXDOT Releases Draft Environmental Impact Statement Mar 2014 — TXDOT Releases RFQ for Project Jun 2014 — TXDOT Selects 4 Teams for RFP Responses Aug 2014 — R/UDAT Develops Report - S.E.A. District & North Beach Oct 2014 — TXDOT Issues RFP to 4 Developer Teams Dec 2014 — Council Approves Contribution Agreement (first of four agreements) Feb 2015 — Developer Teams Submits Proposals to TXDOT Mar 2015 — TTC Conditionally Awards to Selected Team Red Alternative Route Courtesy of TxDOT — July 30, 2014 INVEST1.0 Workshop. Corpus Chr sti Capital Programs Key City Issues Corpus Chr sti Capital Programs • FUNDING: ✓ City's Local Participation $6.0 M ✓ Parks Mitigation ($3.5 Bond 14 Prop 2 + $2.5 MPO/TIP/TAP (See Note 1)) $6.0 M ✓ Wetlands Mitigation (SeeNote2) $0 • AGREEMENTS W/ TXDOT: ✓ Contribution Agreement (ROW Donation & Utility Reloc.) Dec 2014 * ✓ Interlocal Agreement (Wetland Mitigation) Jan 2015 *** ✓ Project Utility Adjustment Agreement (PUAA)(Utility Reloc.) May 2015 * ✓ Advance Funding Agreement (AFA)(Parks Mitigation) Jun 2015 ** • "GATEWAY" PROJECTS: ✓ Reversion - Option to Extend Broadway North ✓ Transitioning of 137- from Crosstown to Shoreline Note 1: Transportation Improvement Program/Transportation Alternative Program Note 2: No cost to City for 25 years; after, City commitment to retain as wetland. $ TBD $ TBD HBR Project Cost Corpus Chr sti Capital Programs • Preliminary Engineering • ROW & Utilities • Construction • Construction Engineering • Contingencies • Indirect Costs TOTAL PROJECT COST: $ 40,370,216 $ 98,500,000 $ 823,881,956 $ 61,379,206 $ 0 $ 47,290,824 $1,071,422,202* *Statewide Transportation Improvement Program (STIP) 2015-2018 Local Participation Corpus Chr sti Capital Programs • Corpus Christi MPO • Port of Corpus Christi • San Patricio County • N ueces County • City of Corpus Christi (ROW Acquisition & Utility Relocations/Adjustments) $ 31,890,000 $ 38,000,000 $ 12,450,000 $ 12,450,000 $ 6,000,000 TOTAL LOCAL PARTICIPATION: $100,790,000 Parks Mitigation Corpus Chr sti Capital Programs • Total Cost for Parks Mitigation: ✓ Bond 2014 (Prop2) — HBR Mitigation and Support Projects, Phase 1 ✓ MPO/TIP/TAP $6.0 M $3.5 M $2.5 M • Address loss of T.C. Ayers & Lovenskiold Parks: ✓ Request T.C. Ayers Park Urban Park & Rec. Recovery (UPARR) Grant perpetuity requirement be designated at nearest Major Investment Park ✓ Complete conversion by Spring 2015 • Park Mitigation includes (City of CC Estimates): ✓ Hike & Bike Impr. in Hillcrest & Washington -Coles Neighborhoods $ 912.5 K ✓ Dr. H. J. Williams Memorial Park (existing) $ 750.0 K ✓ Washington Park (new) $2,818.0 K ✓ Ben Garza Park (existing) $ 410.0 K ✓ TC Ayers Park (swimming pool) $ 591.0 K ✓ Contingency $ 518.5 K Wetlands Mitigation Corpus Chr sti Capital Programs • North Beach ✓ No cost to City ✓ No City maintenance responsibility during project construction ✓ City to dedicate wetlands in perpetuity (Interlocal Agreement) ✓ Required for permitting by Corp of Engineers ✓ Associated with loss of wetlands along route on North Beach Harbor Bridge Project: Potential Mitigation Site • Nate - The parcel is an appreniimato representation Attie oty lot Next Steps Corpus Chr sti Capital Programs City • Bond 2014 Election (Proposition 2) Nov 2014 • Council Approval of Contribution Agreement Dec 2014 • Resolve UPARR Perpetuity Issue Spring 2015 • Decommission Parks (T.C. Ayers & Lovenskiold) 2015 • Council Approval of 3 Remaining Agreements 2015 • Continue to work w/ TXDOT re: wetland mitigation 2015 • Decision on Broadway and 1-37 "Gateways" 2015 TXDOT • Team Proposals Due to TXDOT Feb 2015 • Comprehensive Development Agreement (CDA) Between TXDOT & Developer Conditionally Awarded Mar 2015 • Reversion of Broadway Summer 2015 • Construction Begins Late 2015 • Construction Complete 2020 Harbor Bridge Replacement Project a Corpus Chr sti Capital Programs CORPUS CHRISTI PARKS& RECREATION WORKING IN PARTNERSHIP TO BUILD THE FUTURE. 12 Ordinance authorizing the City Manager or designee to execute a Contribution Agreement with the Texas Department of Transportation for the U.S. 181 Harbor Bridge Replacement Project to establish terms for the dedication and conveyance of City property at Loveskold Park, T. C. Ayers Park, a portion of Oveal Williams Senior Center parking lot, and other rights-of-way, and to provide certain terms regarding utility relocations and adjustments. Whereas, the City of Corpus Christi (City) and the Texas Department of Transportation (TxDOT) are authorized to enter into agreements under Chapter 791, Texas Government Code; Whereas, the City supports the funding for the US 181 Harbor Bridge Replacement Project (Project) and commits to its development, implementation, construction, maintenance, management and financing, subject to any necessary appropriation of funds; Whereas, the City and TxDOT desire to establish certain terms for the City to dedicate and convey certain park and other property to TxDOT for the rights-of-way necessary for the Project; Whereas, Texas Transportation Code Section 203.055 provides that upon the request of TXDOT, a political subdivision is authorized to convey property that may be necessary or appropriate to accomplish TXDOT's purposes; Whereas, the City and TxDOT also desire to provide for certain of the terms regarding the relocations and adjustments of city -owned utilities required for the Project, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Contribution Agreement with the Texas Department of Transportation for the US 181 Harbor Bridge Replacement Project (Project) that establishes certain terms for the dedication and conveyance of City property at Loveskold Park, T. C. Ayers Park, a portion of Oveal Williams Senior Center parking lot, and other rights-of-way, and that provides certain terms for the utility relocations necessary for the Project. SECTION 2. The Ordinance takes effect and will be in full force immediately after its final adoption by the City Council. SECTION 3. The City Manager or designee is authorized to make amendments to the Contribution Agreement that are approved by the City Attorney and consistent with the purposes of the US181 Harbor Bridge Replacement Project and applicable State law. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Lillian Riojas Priscilla Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of 12/09/2014 Action Item for the City Council Meeting of 12/16/2014 DATE: TO: November 13, 2014 Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources YasmineC@cctexas.com (361) 826-3315 Continuing Texas Municipal Retirement System (TM RS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" and "Increased Prior and Current Service Annuities" in TMRS. Updated Service Credit (USC) — Is a provision adopted by City ordinance that may increase the value of employee retirement benefits by accounting for increases in salary later in the employee's career. Annuity Increase, or Cost of Living Adjustment (COLA) — Is provided as an increase in annuities for retirees. COLAs are a plan enhancement to help retirees with increases in their cost of living after retirement. These provisions also adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on July 31, 2015). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2013. On December 17, 2013, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2014. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TM RS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2010 through July 31, 2015. OTHER CONSIDERATIONS: For calendar year 2015, the rate calculated by TMRS under the Ad Hoc provision is 10.54% however the City budgeted and was contributing 15.46% since January 2014 thru September 2014. In October 2014, the City increased its contribution to 16.46% to address the liability issue. The City will also increase this amount by 1% ever year to get back to an annual repeating contribution. With the adoption of these benefits, the City's full contribution rate for 2015 will be 10.54%. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON -EMERGENCY: Non -emergency, Ordinance - Two readings (12/09/14, 12/16/14) DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2013-2014 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 1 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the System. Section 3. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2015. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Rudy Garza Jr. Lillian Riojas Priscilla G. Leal Mark Scott David Loeb PASSED AND APPROVED, this the th day of , 2014. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 3 of 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 9, 2014 Second Reading Ordinance for the City Council Meeting of December 16, 2014 DATE: November 14, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Chief Information Officer M ichaelAR@ cctexas. com (361) 826-3740 Ordinance appropriating funds for the Infor Enterprise Resource Planning (ERP) implementation. CAPTION: Ordinance appropriating $1,205,587 from the Unreserved Fund Balance in the Utility Funds and $1,077,424 in the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2014-2015 Budget adopted by Ordinance No. 030294 to increase appropriations by $2,283,011. PURPOSE: To provide funding for the Infor ERP implementation for fiscal year FY2014-2015. BACKGROUND AND FINDINGS: In April 2013 the City Council approved the purchase and implementation of Infor for the City's ERP solution. This ordinance will appropriate $1,205,587 from the Unreserved Fund Balance in the Utility Funds and $1,077,424 from the Unreserved Fund Balance in the General Fund No. 1020, and transfer and appropriate in the MIS Fund No. 5210 for FY2014-2015 to provide for funding to complete this implementation per contractual obligation. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's policies and procedures EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Finance Department Office of Management and Budget Department FINANCIAL IMPACT: Z Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,283,011 0 $2,283,011 Encumbered / Expended Amount This item $2,283,011 0 $2,283,011 BALANCE Fund: Water Fund 4010, Wastewater Fund 4200, Gas Fund 4130, Stormwater Fund 4300 and General Fund 1020 RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating $1,205,587 from the Unreserved Fund Balance in the Utility Funds and $1,077,424 in the Unreserved Fund Balance in the General Fund No. 1020, and transferring to and appropriating in the MIS Fund No. 5210 for the Infor Enterprise Resource Planning (ERP) implementation; changing the FY 2014-2015 Budget adopted by Ordinance No. 030294 to increase appropriations by $2,283,011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $624,662 is appropriated from the Unreserved Fund Balance in the Water Utilities Fund No. 4010, $353,848 is appropriated from the Unreserved Fund Balance in the Wastewater Fund 4200, $87,921 is appropriated from the Unreserved Fund Balance in the Gas Fund No. 4130, $139,156 is appropriated from the Unreserved Fund Balance in the Stormwater Fund No. 4300, and $1,077,424 is appropriated from the Unreserved Fund Balance in the General Fund No. 1020, transferred to and appropriated in the MIS Fund No. 5210 for the implementation of the Infor ERP. Section 2. That the FY 2014-2015 Operating Budget adopted by Ordinance No. 030294 is changed to increase appropriations by $2,283,011. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2014, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 2014, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the day of , 2014 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading for the City Council Meeting of December 9, 2014 Second Reading for the City Council Meeting of December 16, 2014 DATE: August 12, 2014 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Peter Davidson, Marina Superintendent PeterD@cctexas.com (361) 826-3980 Appointment of Financial Advisor for Marina Revenue Bonds CAPTION: Motion authorizing the appointment of M. E. Allison, & Co., as Financial Advisor for the City of Corpus Christi, Texas Marina System Revenue Bonds, Taxable Series 2014 in an aggregate principal amount not to exceed $2,600,000. PURPOSE: The issuance of these Marina Revenue Bonds will fund the replacement of the "R" Pier at the Corpus Christi Marina. BACKGROUND AND FINDINGS: Issuance of bonds requires utilization of a financing team which is made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. Part A of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction. See Exhibit A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is usually underwriters. However with this issuance, the City will be partnering with the Ed Rachel Foundation who has agreed to loan the Marina up to $2,600,000 at an interest rate of 3% and a repayment of 15 years. This private placement will save the City issuance costs. The existing "R" Pier at the City Marina was constructed in 1982 but now 32 years later, the dock is rotted and unsafe for its intended purpose. A replacement dock is being proposed at a cost of $2,600,000 for a minimum of 91 boats slips up to 146 boat slips, depending on the pricing resulting from the bids. On January 14, 2014, the City Council ratified a grant application to the United States Fish and Wildlife Service through Texas Parks and Wildlife Department for a $502,496 Boating Infrastructure Grant for Marina boat slips including 35 transient boat slips. The Marina was awarded this grant on August 25, 2014. These funds will be used to fund 35 transient, visiting boat slips. Also, an additional grant from the United States Fish and Wildlife Service through Texas Parks and Wildlife Department is forthcoming in the amount of $175,000 for sewage pump -out equipment to be built into the docks. The City Marina will be partnering with the Ed Rachel Foundation to loan the money to fund this project. The debt will be for a term of 15 years and will be repaid by Marina revenue. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Issuance of municipal obligations are exempted from the City's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • City Marina Department • Bond Counsel • Legal Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A — Financial Advisor Fee Schedule (�. slaw. Jac. 1 NVESTMENT BANKERS FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 $7,500 plus $20.00 per $1,000 for all over $150,000 250,000 350,000 $9,500 plus $10.00 per $1,000 for all over $250,000 350,000 500,000 $10,500 plus $8.00 per $1,000 for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 per $1,000 for all over $5,000,000 10,000,000 20,000,000 $36,150 plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX & REVENUE CERTIFICATES OF OBLIGATION In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding, Direct Pay Subsidy or Lease Purchase Obligations, the fee shall be the amount computed from the above schedule, plus 25%. EXHIBIT A AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Supply Agreement for White PVC Pipe CAPTION: Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for white PVC pipe in accordance with Bid Invitation No. BI -0259-14 based on lowest responsible bid for an estimated annual expenditure of $51,360.00, of which $42,800.00 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve- month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The pipe is stocked by the Warehouse and used by the Utilities Department for new service and for maintaining existing service. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Warehouse, Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,562,248.00 $8,560.00 $2,570,808.00 Encumbered / Expended Amount $0 $0 $0 This item $42,800.00 $8,560.00 $51,360.00 BALANCE $2,519,448.00 $0 $2,519,448.00 Fund(s): Stores Fund Comments: The $42,800.00 financial impact shown above represents ten (10) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $8,560.00 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0259-14 WHITE PVC PIPE ITEM DESCRIPTION QTY UNIT HD Supply Co. Corpus Christi, Texas Morrison Supply Co. Helotes, Texas Ferguson Enterprises Corpus Christi, Texas CC Distributors Corpus Christi, Texas UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 1/2" PVC PIPE, SCH 40, B.E. 50 Each $5.00 $250.00 $4.40 $220.00 $6.40 $320.00 $3.75 $187.50 2 3/4" PVC PIPE, SCH 40, B.E. 150 Each 6.00 900.00 5.44 816.00 8.00 1,200.00 4.75 712.50 3 1" PVC PIPE, SCH 40, B.E. 200 Each 8.00 1,600.00 7.52 1,504.00 11.00 2,200.00 6.98 1,396.00 4 1-1/4" PVC PIPE, SCH 40, B.E. 50 Each 10.00 500.00 9.84 492.00 14.40 720.00 9.35 467.50 5 1-1/2" PVC PIPE, SCH 40, B.E. 50 Each 11.60 580.00 11.46 573.00 14.20 710.00 10.28 514.00 6 2" PVC PIPE, SCH 40, B.E. 150 Each 15.60 2,340.00 15.40 2,310.00 18.00 2,700.00 13.74 2,061.00 7 2-1/2" PVC PIPE, SCH 40, B.E. 30 Each 27.00 810.00 24.90 747.00 30.80 924.00 32.13 963.90 8 3" PVC PIPE, SCH 40, B.E. 50 Each 31.60 1,580.00 31.50 1,575.00 36.20 1,810.00 28.23 1,411.50 9 4" PVC PIPE, SCH 40, B.E. 500 Each 42.00 21,000.00 44.02 22,010.00 52.40 26,200.00 38.95 19,475.00 10 6" PVC PIPE, SCH 40, B.E. 50 Each 75.00 3,750.00 80.64 4,032.00 96.00 4,800.00 76.50 3,825.00 11 8" PVC PIPE, SCH 40, B.E. 75 Each 114.00 8,550.00 120.50 9,037.50 146.40 10,980.00 NO BID NO BID 12 10" PVC PIPE, SCH 40, B.E. 25 Each 164.00 4,100.00 169.40 4,235.00 210.20 5,255.00 NO BID NO BID 13 12" PVC PIPE, SCH 40, B.E. 25 Each 216.00 5,400.00 223.40 5,585.00 278.00 6,950.00 NO BID NO BID Total: $51,360.00 $53,136.50 $64,769.00 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 16, 2014 Agenda Item: Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for white PVC pipe in accordance with Bid Invitation No. BI -0259-14 based on lowest responsible bid for an estimated annual expenditure of $51,360.00, of which $42,800.00 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Amount Required: $42,800.00 Fund Name Accounting Unit Account No. Activity No. Amount Stores Fund 5010-40000-185 520210 $42,800.00 Total $42,800.00 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Supply Agreement for Blue PVC Pipe CAPTION: Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for blue PVC pipe in accordance with Bid Invitation No. BI -0260-14 based on lowest responsible bid for an estimated annual expenditure of $55,412.00, of which $46,176.66 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve- month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The pipe is stocked by the Warehouse and used by the Utilities Department for new service and for maintaining existing service. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Warehouse, Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,562,248.00 $9,235.34 $2,571,483.34 Encumbered / Expended Amount $0 $0 $0 This item $46,176.66 $9,235.34 $55,412.00 BALANCE $2,516,071.34 $0 $2,516,071.34 Fund(s): Stores Fund Comments: The $46,176.66 financial impact shown above represents ten (10) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $9,235.34 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0260-14 BLUE PVC PIPE ITEM DESCRIPTION QTY UNIT HD Supply Waterworks Corpus Christi, Texas Titan Pipe & Supply Co. Corpus Christi, Texas Ferguson Enterprises Corpus Christi, Texas Morrison Supply Co. Helotes, Texas UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 4' C-900 DR -18 PVC PIPE, BELL GASKET -20' -JT 50 Each $41.00 $2,050.00 $43.00 $2,150.00 $47.00 $2,350.00 $50.44 $2,522.00 2 6" C-900 DR -18 PVC PIPE, BELL GASKET -20' -JT 120 Each 84.00 10,080.00 85.40 10,248.00 95.00 11,400.00 100.66 12,079.20 3 8" C-900 DR -18 PVC PIPE, BELL GASKET -20' -JT 150 Each 141.20 21,180.00 147.40 22,110.00 160.00 24,000.00 174.00 26,100.00 4 10" C-900 DR -18 PVC PIPE, BELL GASKET -20' -JT 10 Each 210.00 2,100.00 228.00 2,280.00 245.80 2,458.00 261.32 2,613.20 5 12" C-900 DR -18 PVC PIPE, BELL GASKET -20' -JT 10 Each 299.00 2,990.00 321.00 3,210.00 347.20 3,472.00 368.88 3,688.80 6 16" C-905 DR -25 PVC PIPE, BELL GASKET -20' -JT 10 Each 422.60 4,226.00 421.00 4,210.00 445.80 4,458.00 523.52 5,235.20 7 20" C-905 DR -25 PVC PIPE, BELL GASKET -20' -JT 5 Each 672.00 3,360.00 703.00 3,515.00 717.80 3,589.00 812.46 4,062.30 8 24" C-905 DR -25 PVC PIPE, BELL GASKET -20' -JT 5 Each 972.00 4,860.00 1033.00 5,165.00 1106.00 5,530.00 1173.16 5,865.80 9 30" C-905 DR -25 PVC PIPE, BELL GASKET -20' -JT 3 Each 1,522.00 4,566.00 1648.00 4,944.00 1700.00 5,100.00 2036.24 6,108.72 Total: $55,412.00 $57,832.00 $62,357.00 $68,275.22 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 16, 2014 Agenda Item: Motion approving a supply agreement with HD Supply Waterworks, Corpus Christi, Texas for blue PVC pipe in accordance with Bid Invitation No. BI -0260-14 based on lowest responsible bid for an estimated annual expenditure of $55,412.00, of which $46,176.66 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Amount Required: $46,176.66 Fund Name Accounting Unit Account No. Activity No. Amount Stores Fund 5010-40000-185 520210 $46,176.66 Total $46,176.66 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Supply Agreement for Manhole Covers CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for manhole covers in accordance with Bid Invitation No. BI -0264-14 based on lowest responsible bid for an estimated annual expenditure of $70,415.50, of which $58,679.58 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The manhole covers are stocked by the Warehouse and used for existing and new service by the Utilities Department. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Warehouse, Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,562,248.00 $11,735.92 $2,573,983.92 Encumbered / Expended Amount $0 $0 $0 This item $58,679.58 $11,735.92 $70,415.50 BALANCE $2,503,568.42 $0 $2,503,568.42 Fund(s): Stores Fund Comments: The $58,679.58 financial impact shown above represents ten (10) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $11,735.92 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0264-14 MANHOLE COVERS Total: $70,415.50 $71,112.46 $72,985.00 $73,836.80 Ferguson Enterprises Corpus Christi, Texas Morrison Supply Co. Helotes, Texas HD Supply Waterworks Corpus Christi, Texas Titan Pipe & Supply Co. Corpus Christi, Texas UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 1 32" SANITARY SEWER COVER 3 Each $190.50 $571.50 $188.22 $564.66 $195.00 $585.00 $207.10 $621.30 2 32" SANITARY RING & COVER 10 Each 339.45 $3,394.50 338.80 $3,388.00 360.00 $3,600.00 349.30 $3,493.00 3 A-25 MANHOLE & RING. SANITARY 150 Each 350.00 $52,500.00 354.04 $53,106.00 360.00 $54,000.00 365.00 $54,750.00 4 A-25 MANHOLE LID & RING, STORM WATER 20 Each 350.00 $7,000.00 354.04 $7,080.80 360.00 $7,200.00 365.00 $7,300.00 5 A-25 MANHOLE LID, SANITARY 50 Each 138.99 $6,949.50 139.46 $6,973.00 152.00 $7,600.00 153.45 $7,672.50 Total: $70,415.50 $71,112.46 $72,985.00 $73,836.80 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 16, 2014 Agenda Item: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for manhole covers in accordance with Bid Invitation No. BI -0264-14 based on lowest responsible bid for an estimated annual expenditure of $70,415.50, of which $58,679.58 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Amount Required: $58,679.58 Fund Name Accounting Unit Account No. Activity No. Amount Stores Fund 5010-40000-185 520210 $58,679.58 Total $58,679.58 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Supply Agreement for Meter Boxes and Lids CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter boxes and lids in accordance with Bid Invitation No. BI -0271-14 based on lowest responsible bid for an estimated annual expenditure of $87,913.00, of which $73,260.83 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve- month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The meter boxes and lids are stocked by the Warehouse and used for existing and new service by the Utilities Department. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Warehouse, Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,562,248.00 $14,652.17 $2,576,900.17 Encumbered / Expended Amount $0 $0 $0 This item $73,260.83 $14,652.17 $87,913.00 BALANCE $2,488,987.17 $0 $2,488,987.17 Fund(s): Stores Fund Comments: The $73,260.83 financial impact shown above represents ten (10) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $14,652.17 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0271-14 METER BOXES & LIDS ITEM DESCRIPTION QTY UNIT Ferguson Enterprises Corpus Christi, Texas Morrison Supply Co. Helotes, Texas UNIT TOTAL PRICE PRICE UNIT TOTAL PRICE PRICE 1 A-90 INLET LID & RING, 24-1/2" 84 Each $71.50 $6,006.00 $78.68 $6,609.12 2 VALVE BOX EXTENSION, 8" 200 Each 44.30 $8,860.00 48.86 $9,772.00 3 2" VALVE BOX RISER 10 Each 8.40 $84.00 9.09 $90.90 4 3" VALVE BOX RISER 10 Each 10.50 $105.00 11.36 $113.60 5 4" VALVE BOX RISER 10 Each 12.60 $126.00 13.63 $136.30 6 6" VALVE BOX RISER 10 Each 14.70 $147.00 15.90 $159.00 7 VALVE BOX LID, 7-1/8", WATER 200 Each 8.40 $1,680.00 9.09 $1,818.00 8 #1 METER BOX (BOX ONLY) FOR 12" X 18" LID 180 Each 44.50 $8,010.00 48.86 $8,794.80 9 #2 METER BOX ( BOX ONLY) FOR 15" X 24" LID 45 Each 51.00 $2,295.00 55.68 $2,505.60 10 17" X 30" RECT MTR BX, #32417300, HDPE 100 Each 73.00 $7,300.00 80.30 $8,030.00 11 17" X 30" DI LID, #32137040, HDPE 200 Each 66.25 $13,250.00 72.93 $14,586.00 12 #11 OVAL METER BOX WITHOUT LID 1600 Each 24.00 $38,400.00 26.70 $42,720.00 13 #1 METER BOX LID "SEWER", 12" X 18" 100 Each 16.50 $1,650.00 18.18 $1,818.00 Total: $87,913.00 $97,153.32 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 16, 2014 Agenda Item: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for meter boxes and lids in accordance with Bid Invitation No. BI -0271-14 based on lowest responsible bid for an estimated annual expenditure of $87,913.00, of which $73,260.83 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. Amount Required: $73,260.83 Fund Name Accounting Unit Account No. Activity No. Amount Stores Fund 5010-40000-185 520210 $73,260.73 Total $73,260.83 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Mark Van Vleck, P.E., Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Supply Agreement for Brass Service Fittings CAPTION: Motion approving a supply agreement with Ferguson Enterprises, Corpus Christi, Texas for brass service fittings in accordance with Bid Invitation No. BI -0272-14 based on lowest responsible bid for an estimated annual expenditure of $200,860.00, of which $167,383.33 is required for the remainder of FY 2014-2015. The term of the agreement shall be for twelve (12) months with options to extend for up to two (2) additional twelve- month periods, subject to the approval of the supplier and the City Manager or designee. These items are purchased into the Warehouse Inventory and charged out to the Utilities Department. PURPOSE: The brass service fittings are stocked by the Warehouse and used for existing and new service by the Utilities Department. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Warehouse, Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,562,248.00 $33,476.67 $2,595,724.67 Encumbered / Expended Amount $0 $0 $0 This item $167,383.33 $33,476.67 $200,860.00 BALANCE $2,394,864.67 $0 $2,394,864.67 Fund(s): Stores Fund Comments: The $167,383.33 financial impact shown above represents ten (10) months of expenditures that will be encumbered through the end of this fiscal year. The remaining $33,476.67 for the last two (2) months of the contract will be requested during the normal FY 2015-2016 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN BID TABULATION BID INVITATION NO. BI -0272-14 BRASS SERVICE FITTINGS Ferguson Enterprises Corpus Christi, Texas Titan Pipe & Supply Co., Inc. Corpus Christi, Texas Morrison Supply Co. Helotes, Texas HD Supply Waterworks Corpus Christi, Texas ITEM DESCRIPTION QTY. UNIT UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT EXTENDED PRICE PRICE UNIT PRICE EXTENDED PRICE 1.0 Corporation Stops 1.1 Inlet -outside iron pipe thread outlet -Compression for copper tubing. Size %" 200 each $ 22.30 $ 4,460.00 $ 22.95 $ 4,590.00 $ 22.72 $ 4,544.00 $ 23.70 $ 4,740.00 1.2 Inlet -outside iron pipe thread outlet -Compression for copper tubing. Size 1" 300 each 33.80 10,140.00 34.70 10,410.00 34.36 10,308.00 35.90 10,770.00 1.3 Inlet -outside iron pipe thread outlet -Compression for copper tubing. Size 1 %" 75 each 95.80 7,185.00 95.50 7,162.50 99.07 7,430.25 103.50 7,762.50 1.4 Inlet -outside iron pipe thread outlet -Compression for copper tubing. Size 2" 100 each 158.50 15,850.00 158.00 15,800.00 162.15 16,215.00 171.30 17,130.00 2.0 Angle Ball Meter Valves 2.1 Inlet -Compression copper tubing outlet -Meter coupling nut. Size %" X 1" 150 each 59.40 8,910.00 59.05 8,857.50 59.86 8,979.00 62.50 9,375.00 2.2 Inlet -Compression for copper tubing outlet -Meter coupling nut. Size %" 150 each 52.40 7,860.00 52.05 7,807.50 52.73 7,909.50 55.10 8,265.00 2.3 Inlet -Compression for copper tubing outlet -Meter coupling nut. Size 1" 120 each 77.80 9,336.00 78.10 9,372.00 79.12 9,494.40 82.70 9,924.00 2.4 Inlet -Inside iron pipe thread outlet -Meter coupling nut. Size %" 250 each 45.45 11,362.50 47.35 11,837.50 47.47 11,867.50 50.10 12,525.00 2.5 Inlet -Inside iron pipe thread outlet -Meter coupling nut. Size 1" 100 each 69.35 6,935.00 71.35 7,135.00 72.28 7,228.00 75.50 7,550.00 2.6 Inlet-FIPT for copper tubing outlet -Meter coupling nut. Size %" 100 each 20.74 2,074.00 21.80 2,180.00 21.62 2,162.00 22.50 2,250.00 2.7 Inlet-FIPT for copper tubing outlet -Meter coupling nut. Size %" X 1" 100 each 22.15 2,215.00 23.30 2,330.00 23.08 2,308.00 24.10 2,410.00 3.0 Straight Ball Meter Valves 3.1 Inlet -Compression for copper tubing outlet -Meter coupling nut. Size %" 100 each 47.50 4,750.00 47.30 4,730.00 47.91 4,791.00 50.00 5,000.00 3.2 Inlet -Compression for Copper tubing outlet -Meter 50 each 70.35 3,517.50 70.00 3,500.00 70.83 3,541.50 74.00 3,700.00 Coupling nut. Size 1" 3.3 Inlet -Flared copper Outlet -Female iron pipe thread. 50 each 41.95 2,097.50 41.70 2,085.00 42.27 2,113.50 44.10 2,205.00 Size %" 3.4 Inlet -Flared copper Outlet -Female iron pipe thread. 50 each 59.25 2,962.50 58.90 2,945.00 59.69 2,984.50 62.40 3,120.00 Size 1" 3.5 Inlet -Female iron pipe thread, Outlet -Female iron pipe thread. Size %" 200 each 35.50 7,100.00 35.25 7,050.00 35.38 7,076.00 37.30 7,460.00 3.6 Inlet -Female iron pipe thread, Outlet -Female iron pipe thread. Size 1" 50 each 55.15 2,757.50 54.85 2,742.50 55.57 2,778.50 58.10 2,905.00 3.7 Inlet -Flared copper Outlet- Meter coupling nut Size 50 each 47.00 2,350.00 45.55 2,277.50 45.89 2,294.50 47.95 2,397.50 3.8 Inlet -Compression Copper, Outlet -Female iron Pipe thread. Size %" 150 each 40.15 6,022.50 39.85 5,977.50 40.40 6,060.00 42.20 6,330.00 3.9 Inlet -Compression Copper, Outlet -Female iron Pipe thread. Size 1" 150 each 61.60 9,240.00 61.20 9,180.00 62.04 9,306.00 64.80 9,720.00 4.0 Unions & Couplings 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 5.0 5.1 5.2 5.3 6.0 6.1 6.2 6.3 6.4 7.0 7.1 7.2 7.3 Inlet -Compression for Copper tubing outlet - Compression for copper tubing. Size %" Inlet -Compression for copper tubing outlet - Compression for copper tubing. Size 1" Inlet -Compression for copper tubing outlet - Compression for copper tubing. Size 1 %" Inlet -Compression for copper tubing outlet - Compression for copper tubing. Size 2" Inlet -Compression iron pipe thread outlet - Compression for copper tubing. Size %" Inlet -Outside iron pipe thread outlet -Compression for copper tubing. Size 1" Inlet -Outside iron pipe thread outlet -Compression for copper tubing. Size 1"X1-1/4" Inlet -Outside iron pipe thread outlet -Compression for copper tubing. Size 1 %" Inlet -Outside iron pipe thread outlet -Compression for copper tubing. Size 2" Inlet -Inside iron pipe thread outlet -Compression for copper tubing. Size %" Inlet -Inside iron pipe thread outlet -Compression for copper tubing. Size %" x %" Inlet -Flared copper Outlet -Outside iron pipe thread. Size 1" Inlet -Flared copper Outlet -Outside iron pipe thread. Size %" U -branches Inlet -Compression for copper tubing outlet -Outside iron pipe thread. Size 1" inlet x %" outlet x 71/2" Inlet -Compression for copper tubing outlet -Outside iron pipe thread. Size 1" inlet x %" outlet x 14" Inlet -Compression for copper tubing outlet -Outside iron pipe thread. Size 3/4" FIP inlet x %"MIP outlet x Straight Meter Couplings Tailpiece -Outside iron pipe thread meter connection -Meter swivel nut. Size %" x 212" Tailpiece -Outside iron pipe thread meter connection -Meter swivel nut. Size 1" x 212" Inlet -Compression for copper tubing outlet -MIPT Size 1" x 1-1/4" Inlet -Flare for copper tubing outlet-MIPT Size %" Resetters Resetter 5/8" X 3/4" X 7" Resetter 5/8" X 3/4" X 9" Resetter 5/8" X 3/4" X 12" Tota I: 250 each 12.50 3,125.00 12.80 3,200.00 12.68 3,170.00 13.20 3,300.00 200 each 14.95 2,990.00 14.65 2,930.00 14.51 2,902.00 15.10 3,020.00 75 each 48.95 3,671.25 49.00 3,675.00 48.55 3,641.25 50.70 3,802.50 150 each 66.10 9,915.00 66.20 9,930.00 65.54 9,831.00 68.50 10,275.00 1000 each 10.50 10,500.00 10.50 10,500.00 10.31 10,310.00 10.80 10,800.00 300 each 12.45 3,735.00 12.45 3,735.00 12.33 3,699.00 12.80 3,840.00 50 each 23.75 1,187.50 22.20 1,110.00 20.10 1,005.00 21.00 1,050.00 75 each 34.07 2,555.25 34.10 2,557.50 33.78 2,533.50 35.30 2,647.50 150 each 49.65 7,447.50 49.70 7,455.00 49.24 7,386.00 51.40 7,710.00 100 each 11.05 1,105.00 11.05 1,105.00 10.95 1,095.00 11.40 1,140.00 100 each 14.10 1,410.00 12.55 1,255.00 12.66 1,266.00 13.20 1,320.00 50 each 13.35 667.50 13.35 667.50 13.23 661.50 15.00 750.00 100 each 10.60 1,060.00 10.00 1,000.00 9.92 992.00 10.30 1,030.00 25 each 32.24 806.00 31.60 790.00 32.71 817.75 33.40 835.00 25 each 56.20 1,405.00 63.40 1,585.00 57.06 1,426.50 58.30 1,457.50 25 each 30.00 750.00 43.40 1,085.00 27.57 689.25 28.10 702.50 1500 each 6.75 10,125.00 6.80 10,200.00 6.84 10,260.00 7.00 10,500.00 300 each 10.45 3,135.00 10.50 3,150.00 10.65 3,195.00 10.80 3,240.00 50 each 28.75 1,437.50 22.20 1,110.00 26.97 1,348.50 27.50 1,375.00 50 each 9.35 467.50 9.35 467.50 21.36 1,068.00 21.80 1,090.00 25 each 64.00 1,600.00 62.95 1,573.75 65.20 1,630.00 66.60 1,665.00 25 each 65.00 1,625.00 63.70 1,592.50 66.01 1,650.25 67.40 1,685.00 25 each 67.50 1,687.50 66.00 1,650.00 68.33 1,708.25 69.80 1,745.00 $ 199,532.50 $ 200,293.25 $ 201,676.90 $ 210,519.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: Ronald L. Olson, City Manager December 9, 2014 FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Mark Van Vleck, Executive Director of Utilities Department markvv@cctexas.com (361) 826-1874 Supply Agreement for Liquid Chlorine CAPTION: Motion approving a supply agreement with DPC Industries, Inc., Corpus Christi, Texas for liquid chlorine in accordance with Bid Invitation No. BI -0215-14 based on lowest responsible bid for an estimated semi-annual expenditure of $120,744.00. The term of the agreement shall be for six (6) months with options to extend for up to nine (9) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Utilities Department in FY 2014-2015. PURPOSE: To be used at the Stevens Water Treatment Plant to disinfect potable (drinking) water. BACKGROUND AND FINDINGS: All options to extend the previous contract have been exercised. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,361,500.00 $0 $4,361,500.00 Encumbered / Expended Amount $281,196.75 $0 $281,196.75 This item $120,744.00 $0 $120,744.00 BALANCE $3,959,559.25 $3,959,559.25 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GERALD GOODWIN ITEM DESCRIPTION QTY UNIT BID TABULATION BID INVITATION NO. BI -0215-14 LIQUID CHLORINE DPC Industries, Inc. Corpus Christi, Texas Brenntag Southwest, Inc. Houston, Texas UNIT TOTAL PRICE PRICE 1 Liquid chlorine, delivered in rail tank cars per Specification No. 1209. 540 Ton $223.60 $120,744.00 Total: $120,744.00 UNIT TOTAL PRICE PRICE $259.00 $139,860.00 $139,860.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting December 16, 2014 DATE: TO: Ronald L. Olson, City Manager December 9, 2014 FROM: Christela Morales, Procurement Manager christelam@cctexas.com (361) 826-3169 Michael Morris, Director of Parks and Recreation michaelmo@cctexas.com (361) 826-3464 Purchase of Pickup Trucks CAPTION: Motion approving the purchase of four (4) 2015 Ford F150 Supercrew pickup trucks from Caldwell Country Ford -Chevrolet, Caldwell, Texas for a total amount of $127,776.00. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). Funds have been budgeted in FY 2014-2015. PURPOSE: One (1) 4 -wheel drive truck will be used for litter enforcement on the Gulf Beach. One (1) truck will be used for litter enforcement in the Tourist District. Two (2) trucks will be used for the Strike Force. All of the trucks are additions to the fleet. BACKGROUND AND FINDINGS: None. ALTERNATIVES: CNG is not available for these vehicles. CNG Standards Checklist Standard Meets Standard Does not Meet Standard Reliability (OEM available?) (CNG not available) Specifications (Bi -Fuel available?) (Bi -Fuel not available) Economics (comparison available?) (CNG not available) Exclusions X No OEM available X Mission Capability compromised X OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $142,000.00 $0 $142,000.00 Encumbered / Expended Amount $0 $0 $0 This item $127,776.00 $0 $127,776.00 BALANCE $14,224.00 $14,224.00 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: LATIFAH JACKSON ITEM 1. 2. DESCRIPTION PRICE SHEET TLGPC CONTRACT NO. 430-13 PURCHASE OF PICKUP TRUCKS QTY. 2015 Ford F150 Super Crew Buy Board Fee TOTAL: 4 1 CALDWELL COUNTY FORD -CHEVROLET Caldwell, Texas UNIT UNIT PRICE Each $31,844.00 Each $400.00 EXTENDED PRICE $127,376.00 $400.00 $127,776.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager ChristelaM@cctexas.com 361-826-3169 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm@cctexas.com 361-826-3932 Curbside Refuse and Recycle Containers CAPTION: Motion approving the lease purchase of 8,112 96 -gallon curbside refuse containers and 1,870 96 -gallon curbside recycle containers from Toter Incorporated, Statesville, NC for the total amount of $548,223.96. The award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease/purchase financing program. PURPOSE: These containers are used by customers for their refuse and recycling needs. BACKGROUND AND FINDINGS: These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty -month period with an estimated interest rate of 2.35%. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $116,319.72. Total estimated cost over the sixty -month period, including principal of $548,223.96 and interest of $33,374.64 is $581,598.60. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Solid Waste Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,135,353.76 $494,358.81 $3,629,712.57 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $87,239.79 $494,358.81 $581,598.60 BALANCE $3,048,113.97 $0.00 $3,048,113.97 Fund(s): General Fund Comments: The $87,239.79 financial impact shown above represents nine months of payments that will be encumbered through the end of this fiscal year. The remaining $494,358.81 for the last fifty-one (51) months of the lease -purchase payments will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO PRICE SHEET HGAC CONTRACT # GC01-13 CURBSIDE REFUSE & RECYCLE CONTAINERS Toter Incorporated Statesville, NC Item Description Qty. Unit Unit Price Extended Price 1 96 -gallon curbside refuse containers 2 96 -gallon curbside recycle containers 3 Freight Charges TOTAL: 8,112 1,870 1 Ea Ea Lot $53.28 $56.18 $10,960.00 $432,207.36 $105,056.60 $10,960.00 $548,223.96 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: December 9, 2014 TO: Ronald L. Olson, City Manager FROM: Christela Morales, Procurement Manager christelam@cctexas.com 361-826-3169 Constance P. Sanchez, Director of Financial Services constancep@cctexas.com 361-826-3227 Third Amendment to the Municipal Lease Line of Credit Agreement with Frost Bank CAPTION: Motion authorizing the City Manager or designee to execute a third amendment to the existing Municipal Lease Line of Credit Agreement between the City of Corpus Christi and Frost Bank for an estimated annual expenditure of $496,704.13 and authorizing the City Manager or designee to execute future amendments necessary to adjust the annual amount financed as agreed to by the parties. PURPOSE: The City uses municipal lease purchase financing to fund equipment and rolling stock replacement needs. This third amendment will change the date the City's annual equipment schedule must be provided to the bank, from August 30th to October 31St. Secondly, it will modify the annual maximum credit amount to be financed under the agreement from $9,020,422.80 to $8,339,725.00. Finally, it will correct language inadvertently deleted by the second amendment and add language regarding the Municipal Advisor Disclosure/Acknowledgement. BACKGROUND AND FINDINGS: As equipment is requisitioned to be purchased, the equipment is purchased under all applicable statutes and city procurement policies. The financing for the purchase is provided through this lease line of credit agreement. An estimated $8,339,725.00 million worth of equipment is projected to be purchased during the next twelve month period of this agreement. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The actual interest rate will fluctuate throughout the term of the contract based on the index rate at the time of the purchase. Based on the index rate at the time of the bid, on October 1, 2014, the interest rate charged to the City for a 60 month lease is 2.30%. The current year financial impact shown on the following table represents interest costs, at 2.30%, associated with financing 45 separate awards of equipment that has either been delivered or is on order and expected to be delivered throughout the remainder of this fiscal year. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Finance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $5,419,512.77 $321,605.12 $5,741,117.89 Encumbered / Expended Amount $551,856.95 $551,856.95 This item $175,099.01 $321,605.12 $496,704.13 BALANCE $4,692,556.81 $4,692,556.81 Fund(s): General, Engineering, Street, Wastewater and Water Fund Comments: The $175,099.01 financial impact shown above represents estimated interest costs that will be encumbered through the end of this fiscal year. The remaining $321,605.12 of the interest costs will be requested for future fiscal years during the normal budget process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Master Lease Purchase Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SHEET Request for Proposal No.: BI -0040-13 Municipal Lease Line of Credit Item Description Frost Bank San Antonio , TX INDEX' Secure Connect Bullet Rate from www.FHLB (Federal Home Loan Bank).com on 11/24/14 - 79% of rate applied % adder Loan Rate, Index plus adder Total Interest Cost for Financing 8.3 million over 60 months at 2.30% interest 1 Lease Purchase financing for a 60 month term 1.00% 1.300% 2.300% 496.704.13 THIRD AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT THIS THIRD AMENDMENT TO THE MASTER LEASE PURCHASE AGREEMENT (this 'Third Amendment"), dated as of , 2014, is made by and between Frost Bank, a Texas state bank, as lessor ("Lessor"), and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"). RECITALS: WHEREAS, Lessor and City entered into that certain Master Lease Purchase Agreement dated as of February 15, 2013 (the "Agreement"); WHEREAS, the Agreement was amended pursuant to that First Amendment to Master Lease Purchase Agreement dated February 15, 2013, and that Second Amendment to Master Lease Agreement dated October 21, 2013; and WHEREAS, Lessor and City now desire to further amend the Agreement as herein set forth by execution of this Third Amendment. NOW, THEREFORE, in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.2 (Exhibits), subpart "Exhibit 'F': Approved Property List" of the Agreement is amended by changing the third sentence to read as follows: "City will furnish Lessor an Exhibit "F" by October 31st annually, which Exhibit "F" lists all Property budgeted for purchase during subsequent fiscal years." 2. Section 3.1 (Acquisition of Property) of the Agreement is amended in its entirety to read as follows: "The aggregate amount of all Leases which may be entered into pursuant to this Agreement shall not exceed $8,339,725.00. During the Lease Term, when City desires to lease a Property Group from Lessor, Contract Administrator shall complete an Exhibit "E", Requisition Report, which includes (a) the Property Group, (b) an estimated price for each piece of Property, (c) the budgeted amount for the Property Group, and (d) the desired number of Lease Payments for the Property Group. "For any Property not on the annually approved Exhibit "F", Lessor must advise the Contract Administrator in writing within three (3) business days after receipt of a completed Exhibit "E" whether Lessor will lease the Property Group to City. "City will initiate the procurement process to purchase the Property Group. Upon receipt of bids and an award by City Council of a contract to purchase the subject Property Group, City shall notify Lessor in writing of the Property Group cost and estimated delivery period, and Lessor shall execute an Exhibit "A", numbered with the assigned Lease Number, and forward it to the Contract Administrator. "If City so desires, or if Lessor chooses not to lease a Property Group to City or chooses not to lease for the number of Lease Payments requested by the City, City may lease the subject Property Group from anyone else it chooses." 3. Municipal Advisor Disclosure/Acknowledgement. City acknowledges and agrees that, pursuant to applicable securities law and in light of relevant circumstances, Lessor generally would require the City to obtain an independent registered municipal advisor ("IRMA") in connection with each Lease executed in connection with and pursuant to the Agreement (the "Transaction"). City represents to Lessor that City has, after careful and deliberate consideration, voluntarily chosen to forgo the use of an IRMA in connection with the Transaction. City represents and warrants to Lessor that: (i) City has such knowledge and experience in financial and business matters as to be fully and completely capable of evaluating all of the merits and risks of the Transaction and have previously engaged in transactions like the Transaction; (ii) City is sophisticated and have made all independent investigations believed by us to be appropriate, including seeking the advice of our own professional, financial, tax, accounting and other advisors (whether employed by us or otherwise), and City is making an independent and voluntary decision to enter into the Transaction; (iii) City has been furnished with such documents, materials and information that it deems necessary or appropriate for evaluating the Transaction; and (iv) City has and will read carefully such documents, materials and information and understand and have carefully evaluated the types of risks involved with the Transaction. In connection with any proposals or communications concerning or relating to the Transaction, City acknowledges and agrees that: (a) Lessor, its affiliates and their representatives, have not made any recommendations or provided any advice to City; (b) Lessor is not acting as a municipal advisor, financial advisor, or fiduciary to the City and has not assumed any advisory or fiduciary responsibility to the City with respect to our participation in the Transaction, or any discussions, undertakings and proposals leading thereto or resulting therefrom (irrespective of whether Lessor has provided other services or is currently providing other services to the City on other matters); (c) the only role that Lessor has relating to the Transaction is to serve as (i) the lessor of certain personal property, (ii) counterparty in a municipal financial product and/or (iii) as the purchaser of municipal securities for its own account, and Lessor is acting for its own interest; and (d) Lessor is relying on the representations, warranties, agreements and other information provided by the City in this Amendment and would not enter into the Transaction but for the representations, warranties, agreements and other information set forth herein. 4. Continued Effectiveness. Except as expressly modified by the terms and provisions hereof, each of the terms and provisions of the Agreement, the First Amendment, and the Second Amendment are hereby ratified and confirmed and shall remain in full force and effect. 5. No Oral Agreements. This instrument embodies the final entire agreement among the parties, and there are no oral agreements among the parties hereto. EXECUTED as of the date first above written. LESSOR: FROST BANK By: &____1 Name: "TAI AeetvoD Title: \St +'Lt \J 1 c2 Q 5 i C1 - CITY: CITY OF CORPUS CHRISTI By: Name: Title: Appro ed as to forrrr it Assis 41 City Attorney For City Attorney (Page 1 of 5) Cir SECOND AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT THIS SECOND AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT (this "Amendment"), dated as of October 21, 2013, is between Frost Bank, a state banking association, as lessor ("Lessor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"). RECITALS: WHEREAS, Lessor and City entered into that certain Master Lease Purchase Agreement dated as of February 15, 2013 (the "Agreement"). WHEREAS, Lessor and City now desire to amend the Agreement as herein set forth. NOW, THEREFORE, in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Amendment to Section 3.1. Effective as of the date hereof, Section 3.1 is hereby amended to read as follows: The aggregate amount of all Leases which may be entered into. pursuant to this Agreement shall not exceed $9,020,422.80. 2. Continued Effectiveness. Except as expressly modified by the terms and provisions hereof, each of the terms and provisions of the Agreement are hereby ratified and confirmed, and shall remain in full force and effect. 3. Governing Law. THE TERMS AND PROVISIONS HEREOF •SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 4. No Oral Agreements. This Amendment and the Agreement embody the final, entire agreement among the parties hereto. There are no oral agreements' among the parties hereto. [(Remainder of Page Intentionally Left Blank]] G:\Loan Agmt\Leasc\2nd Amend\City or Corpus Christi.docx 3544137 10/18/13 (Page 2 of 5) EXECUTED as of the date first above written. CITY OF CORPUS CHRISTI By: Name: Title: LESSOR: AMA. w J dW` VIIIA ERWAN ►L trviCe4 FROST BANK By: ��''"' ' ` 4-4.i Name: J1,°?: 6-rD f.12.4.1).5 /Cid Title: c-12. Vim G:\Loan Agmt\Lease\2nd Amend\City of Corpus Christi.docx 3544137 10/18/13 -2- ARTICLE 3. LEASE OF PROPERTY Section 3.1. Acquisition of Property. During the Lease Term, when City desires to lease a Property Group from Lessor, Contract Administrator shall complete an Exhibit "E", Requisition Report, which includes the Property Group, an estimated price for each piece of Property, the budgeted amount for the Property Group, and the desired number of Lease Payments for the Property Group. For any Property not on the annually approved Exhibit "F", Lessor must advise the Contract Administrator in writing whether Lessor will lease the Property Group to City within three (3) business days after receipt of a completed Exhibit "E". City will initiate the procurement process to purchase the Property Group. Upon receipt of bids and award by City Council of a contract to purchase City shall notify Lessor in writing of the Property Group cost and estimated delivery period, and Lessor shall execute an Exhibit "A", numbered with the assigned Lease Number, and forward it to the Contract Administrator. If City so desires, or if Lessor chooses not to lease a Property Group to City or chooses not to lease for the number of Lease Payments City requested, City may lease the Property Group from any one else it chooses. Section 3.2. Property Delivery; Documentation. Upon Lessor's written approval of an Exhibit "E" Lessor shall provide City with an assigned Lease Number and Contract Administrator will prepare working file copies of Exhibits "A" and "B", and forward a copy of each to Lessor's designated representative. After delivery of a Property Group to City, City staff shall inspect the Property Group for compliance with Specifications. Within three (3) business days after the Contract Administrator receives staffs written acceptance of the Property Group, City will complete the previously furnished Exhibits "A" and "B" and will provide Lessor a completed and executed Exhibit "C" (Certificate of Acceptance). Lessor must pay a Contractor, or reimburse City for any payment it made to a Contractor, for a Property Group on the same day that the Amortization Schedule Exhibit "B" begins, which must be within three business days of receipt of all documents from the City. Contract Administrator must provide Lessor, in a form satisfactory to Lessor, the following: (a) an Exhibit "A" and Exhibit "B" executed by City and Lessor; (b) an Exhibit "C" executed by City; (c) a motion, or other evidence, showing official action taken by the City Council to authorize acquisition of the Property Group on the terms provided in Exhibit "A"; (d) Contractor invoice(s) and/or bill(s) of sale relating to the Property Group, and if the invoices have been paid by City evidence of payment thereof, and if applicable, evidence of official intent to reimburse such payment as required by the Regulations; FIRST AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT THIS FIRST AMENDMENT TO MASTER LEASE PURCHASE AGREEMENT (this "Amendment"), dated as of February 15, 2013, is between Frost Bank, a state banking association, as lessor ("Lessor") and the City of Corpus Christi, a political subdivision of the State of Texas, as lessee ("City"). RECITALS: WHEREAS, Lessor and City entered into that certain Master Lease Purchase Agreement dated as of February 15, 2013 (the "Agreement"). WHEREAS, Lessor and City now desire to amend the Agreement as herein set forth. NOW, THEREFORE, in consideration of the premises herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Amendment to Section 3.1. Effective as of the date hereof, a new first sentence shall be added to Section 3.1 and such sentence shall read as follows: The aggregate amount of all Leases which may be entered into pursuant to this Agreement shall not exceed $6,701,612.60. 2. Continued Effectiveness. Except as expressly modified by the terms and provisions hereof, each of the terms and provisions of the Agreement are hereby ratified and confirmed, and shall remain in full force and effect. 3. Governing Law. THE TERMS AND PROVISIONS HEREOF SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. 4. No Oral Agreements. This Amendment and the Agreement embody the final, entire agreement among the parties hereto. There are no oral agreements among the parties hereto. [[Remainder of Page Intentionally Left Blank.]] AMENDMENT EXECUTED as of the date first above written. AMENDMENT CITY OF CORPUS CHRISTI By: Name: Title: LESSOR: FROST BANK By: Name: Title: 1 /3( f -2- MASTER LEASE PURCHASE AGREEMENT BETWEEN The City of Corpus Christi, as "City" and Frost Bank, as Lessor THIS MASTER LEASE PURCHASE AGREEMENT (the Agreement), is by and between Frost Bank, a state banking association, as lessor (Lessor) whose address is 100 West Houston Street, San Antonio, Texas 78205, and the City of Corpus Christi, a political subdivision of the State of Texas as lessee (City), whose address is 1201 Leopard, Corpus Christi, Nueces County, Texas 78401. WITNESSETH: WHEREAS, the City is authorized by law to acquire such items of personal property as are needed to carry out its governmental functions, and to acquire such personal property by entering into a lease with the option to purchase; and WHEREAS, the City has determined that it is necessary for it to acquire under this Agreement certain items of personal property described herein as the Property; and WHEREAS, Lessor is willing to lease certain Property to the City pursuant to this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein City and Lessor hereto recite and agree as follows: ARTICLE 1. DEFINITIONS AND EXHIBITS Section 1.1 Definitions. The terms defined in this Section, for all purposes of this Agreement, have the following meanings: Additional Terms: Consecutive terms, each of a one-year fiscal period, for which a Lease with respect to a Property Group remains in effect unless terminated by City. Each Additional Term commences at the end of the Original Term or the preceding Additional Term and continues for a period within which all of the Lease Payments specified in Exhibit "B" will be paid as provided in Section 4.1. Agreement: The Master Lease Agreement and all Exhibits hereto. Business Day: Each day on which the City is open for business. Contractor: Each manufacturer or vendor from whom the City has ordered or contracted for the manufacture, delivery, and/or installation of the Property. 1 Contract Administrator: The City's designated representative for administering this Agreement is the Director of Financial Services or designee. Fiscal Year: The twelve (12) month fiscal period of the City which commences annually on August 1 and ends on the following July 31. Independent Counsel: An attorney duly admitted to the practice of law before the highest court of Texas and who has no past or present relationship with either Lessor or City. Interest: The portion of any Lease Payment designated as and comprising interest as shown in any Exhibit "B" hereto. Lease: With respect to each Property Group, this Agreement and the Schedule relating thereto, which shall constitute a separate contract relating to such Property Group. Lease Payment: The payment of Principal and Interest due from the City to Lessor on each Payment Date as shown on each Exhibit "B". Lease Term: With respect to any Property Group, the Original Term and all Additional Terms during which the related Lease is in effect as specified in Section 4.1. Net Proceeds: Any insurance proceeds or condemnation award, paid with respect to any Property, remaining after payment therefrom of all expenses incurred in the collection thereof. Non -appropriation: The failure of the City Council of the City to appropriate money for any Fiscal Year sufficient for the continued performance of a Lease by the City with respect to the related Property Group, which may be evidenced by a budget ordinance or resolution which prohibits the City from using any monies to pay the Lease Payments due under such Lease with respect to such Property Group for a designated Fiscal Year. Original Term: The period from the date of execution of an Exhibit A with respect to a Property Group until the end of the Fiscal Year which includes the date of execution. Payment Date: The date upon which any Lease Payment is due and payable as provided in any Exhibit "B". Permitted Encumbrances: As of any particular time: (i) liens for taxes and assessments not then delinquent, or which the City may, pursuant to the provisions of Section 7.3 hereof, permit to remain unpaid, (ii) this Agreement and amendments hereto, (iii) Lessor's interest in the Property, and (iv) any mechanic's, laborer's, material men's, supplier's or vendor's lien or right not filed or perfected in the manner prescribed by law, other than any lien arising through a Contractor or which the City may, pursuant to Article 8, hereof, permit to remain unpaid. Principal: The portion of any Lease Payment designated as principal in any Exhibit "B" hereto. Property: Individually or collectively as the context requires, the personal property designated by the City, which is described in one or more Exhibit "A"s as now or hereafter constituted. The City may lease -purchase all Property it determines necessary to provide essential services, which includes computer hardware and software. Property Group: The Property listed on any Exhibit "A," comprising a single purchase or a group of items, equipment, or associated products. Purchase Option Price: With respect to a Property Group listed on any single Exhibit "A," the amount equal to the unpaid Principal Balance of the Property Group, plus unpaid interest accrued to the prepayment date. Schedule: A schedule consisting of separate but like -numbered pages of Exhibits A and B which have been completed with respect to a Property Group and executed by Lessor and City. Specifications: The procurement specifications and/or purchase order pursuant to which the City has ordered any Property from a Contractor. Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a part of this Agreement: Exhibit "A": Property Group Description. Each Lease will have consecutively numbered Exhibit "A"s. Each Exhibit "A" will describe the Property Group for its Lease, including serial numbers when available, on consecutively numbered pages. A sample Exhibit "A" is attached and incorporated. Exhibit "B": Lease Payment Schedule. Each Lease will have consecutively numbered Exhibit "B"s. Each Exhibit "B" will contain the date and amount of each Lease Payment due for the corresponding Exhibit "A" Property Group, the amount of each Lease Payment allocating Principal and Interest, the price at which City may exercise its Article X option to purchase Lessor's interest in each Property Group, and the due date of each Lease Payment. Exhibit "C": Certificate of Acceptance. A Certificate of Acceptance signed by the Contract Administrator indicating that the Property Group described therein has been delivered and installed in accordance with the Specifications, and has been accepted by the City, the date on which Lease Payments shown in the page of Exhibit "B" relating thereto commences, and that certain other requirements have been met by the City. A sample Exhibit "C" is attached and incorporated. Exhibit "D": Opinion of Counsel. A form of opinion of counsel to the City as to the organization, nature, and powers of the City; the validity, execution, and delivery of this Agreement and various related documents; the absence of litigation; and related matters. A sample Exhibit "D" is attached and incorporated. Exhibit "E": Requisition Report. City shall furnish Lessor an Exhibit "E" prior to issuing a procurement for any Property Group unless the item is on Exhibit "F", Approved Property List. The parties agree that no Exhibit "E" shall be required for property listed on Exhibit "F". Each Exhibit "E" will include the proposed Property Group, an estimated price 3 for each piece of Property, the budgeted amount for each piece of Property, the desired number of Lease Payments, and any other information that City's Contract Administrator and an authorized agent of Lessor mutually agrees to add to Exhibit "E". A sample Exhibit "E" is attached and incorporated. Exhibit "F": Approved Property List. City will furnish Lessor an Exhibit "F" listing all Property budgeted for purchase during FY12-13. Lessor approves the lease purchase of all Property listed on Exhibit "F" by bidding on and signing this contract. City will furnish Lessor's Agent a new Exhibit "F" by August 15th annually, which lists all Property budgeted for purchase during subsequent fiscal years. The initial Exhibit "F" is attached and incorporated. ARTICLE 2. REPRESENTATION, COVENANTS, AND WARRANTIES Section 2.1. Representations, Covenants, and Warranties of the City. The City represents, covenants, and warrants as follows: (a) The City is a municipal corporation and political subdivision of Texas, duly organized and existing under the Constitution and laws of the State. The City will do or cause to be done all things necessary to preserve and keep in full force and effect throughout the Lease Term its existence as a body politic and corporate. (b) The City is authorized under the Constitution and laws of Texas to enter into this Agreement and the transactions contemplated hereby, and to perform all of its obligations hereunder. (c) The City Manager has been duly authorized to execute and deliver this Agreement by the official action of the City's governing body, the City Council. (d) In authorizing and executing this Agreement, the City has complied and/or will comply with all public bidding and other laws applicable to this Agreement and the acquisition of the Property by the City. (e) The City is not subject to any legal or contractual provision that restricts or prevents it from entering into and performing its obligations under this Agreement. (f) The City has no knowledge of any pending or threatened action, proceeding or investigation affecting the City, nor, to the best knowledge of the City, is there any basis therefor, wherein an unfavorable result would adversely affect the transactions contemplated by this Agreement. (g) The Property is and will remain throughout the Lease Term personal property and not fixtures. (h) The execution and performance of this Agreement will not violate any judgment, order, law or regulation, constitute a default under any instrument binding upon the City, or create any encumbrance upon any assets of the City or the Property, except for the Permitted Encumbrances. 4 (i) To the knowledge of the current interim City Finance director and interim Assistant City Manager over Finance department, the City has never non -appropriated or defaulted under any of its obligations under any lease -purchase contract, bond or other debt obligation. (j) No approval, consent or withholding of objection is required from any governmental authority other than the City with respect to the entering into or performance by the City of this Agreement. (k) The balance sheet of the City for its most recent Fiscal Year and the related earnings statement of the City for such Fiscal Year will be furnished to Lessor within 30 days of the effective date of this Agreement, and fairly represent the City's financial condition as of such date and the results of its operations for such Fiscal Year in accordance with generally accepted accounting principles consistently applied, and, since such date, there has been no material adverse change in such condition or operations. (1) City has investigated the facts, estimates and circumstances in existence on the date hereof, together with City's expectations as to future events. These are true and are complete in all material respects, and on the basis of such, it is not expected that the use of the proceeds hereof or any other moneys or property will be used in a manner which will cause this Agreement to be treated as an arbitrage bond within the meaning of section 148 of the Code. Such expectations are reasonable, and there are no other facts, estimates or circumstances that would materially change such expectations. (m) None of the proceeds hereof will be used, directly or indirectly, in any trade or business carried on by any person other than a governmental unit, which is defined to include any state of the United States and any political subdivision; agency, instrumentality or entity acting by or on behalf of a state, but not including the United States or any agency or instrumentality thereof, no more than 10% of the Property will be used directly or indirectly in a trade or business carried on by any such person, and no more than 5% of the Property will be used directly or indirectly in trade or business carried on by any such person that is not related to any government use of such Property. (n) Should the Interest component of payments hereunder be deemed by the federal government or determined by the Internal Revenue Service or a court of competent jurisdiction or an opinion of nationally recognized bond counsel not to be exempt from gross income, subject to the provisions of Section 13.13 hereof, City will pay as additional sums hereunder sufficient funds to adjust the interest to be paid hereunder to an amount equivalent to the after-tax interest rate contemplated hereunder as a tax exempt transaction. Said adjustment will be retroactive and apply to any installments already paid by City to Lessor to the extent that any ruling by any such taxing authority requires the payment of additional tax on payments already received by Lessor. This obligation will survive the expiration of this Agreement. (o) The City will not pledge, mortgage, or assign this Agreement, or its duties and obligations hereunder to any other person, firm, or corporation except as provided under the terms of this Agreement. 5 (p) The City will use the Property during the Lease Term only to perform essential governmental functions devoted exclusively to public uses. (q) The City will take all affirmative actions legally within its power necessary to ensure that the Interest portion of the Lease Payments does not become included in the gross income of the recipient for federal income tax purposes under the Internal Revenue Code of 1986 (the Code) and Treasury Regulations promulgated thereunder (the Regulations). (r) Within five (5) Business Days of final acceptance of each Property Group by the Contract Administrator, after delivery and installation of that Property Group, the City will provide to Lessor a completed and executed copy of the Exhibit "C", Certificate of Acceptance, corresponding to that Property group, together with completed and executed copies of the related Exhibits "A" and "B". (s) Upon the execution of this Agreement, the City will provide the Lessor an opinion of its legal counsel in substantially the form of Exhibit "D." (t) Upon the request and direction of Lessor, the City will submit to the Secretary of the Treasury an information reporting statement at the time and in the form required by the Code and Regulations. (u) The City shall take appropriate official action by its governing body to approve the acquisition and financing of any Property Group under the terms and conditions of this Agreement. Section 2.2. Representation, Covenants, and Warranties of Lessor. Lessor represents, covenants, and warrants as follows: (a) Lessor is a state banking association duly organized, existing and in good standing under and by virtue of the laws of the State of Texas and has power to enter into this Agreement, is possessed of full power to own and hold personal property, and to lease the same; engages in the leasing of personal property such as the Property in the ordinary course of business; and has duly authorized the execution and delivery of this Agreement and all addenda thereto. (b) Neither the execution and delivery of this Agreement, nor the fulfillment of or compliance with the terms and conditions thereof, nor the consummation of the transactions contemplated thereby, conflicts with or results in a breach of the terms, conditions, or provisions of any restriction, agreement, or instrument to which Lessor is now a party or by which Lessor is bound, constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Lessor, or upon the Property except Permitted Encumbrances. (c) Lessor must not issue Certificates of Participation and Lessor agrees that City shall not be required to provide any disclosure information under Securities & Exchange Commission Rule 15(c) 2-12. 6 ARTICLE 3. LEASE OF PROPERTY Section 3.1. Acquisition of Property. During the Lease Term, when City desires to lease a Property Group from Lessor, Contract Administrator shall complete an Exhibit "E", Requisition Report, which includes the Property Group, an estimated price for each piece of Property, the budgeted amount for the Property Group, and the desired number of Lease Payments for the Property Group. For any Property not on the annually approved Exhibit "F", Lessor must advise the Contract Administrator in writing whether Lessor will lease the Property Group to City within three (3) business days after receipt of a completed Exhibit "E". City will initiate the procurement process to purchase the Property Group. Upon receipt of bids and award by City Council of a contract to purchase City shall notify Lessor in writing of the Property Group cost and estimated delivery period, and Lessor shall execute an Exhibit "A", numbered with the assigned Lease Number, and forward it to the Contract Administrator. If City so desires, or if Lessor chooses not to lease a Property Group to City or chooses not to lease for the number of Lease Payments City requested, City may lease the Property Group from any one else it chooses. Section 3.2. Property Delivery; Documentation. Upon Lessor's written approval of an Exhibit "E" Lessor shall provide City with an assigned Lease Number and Contract Administrator will prepare working file copies of Exhibits "A" and "B", and forward a copy of each to Lessor's designated representative. After delivery of a Property Group to City, City staff shall inspect the Property Group for compliance with Specifications. Within three (3) business days after the Contract Administrator receives staffs written acceptance of the Property Group, City will complete the previously furnished Exhibits "A" and "B" and will provide Lessor a completed and executed Exhibit "C" (Certificate of Acceptance). Lessor must pay a Contractor, or reimburse City for any payment it made to a Contractor, for a Property Group on the same day that the Amortization Schedule Exhibit "B" begins, which must be within three business days of receipt of all documents from the City. Contract Administrator must provide Lessor, in a form satisfactory to Lessor, the following: (a) an Exhibit "A" and Exhibit "B" executed by City and Lessor; (b) an Exhibit "C" executed by City; (c) a motion, or other evidence, showing official action taken by the City Council to authorize acquisition of the Property Group on the terms provided in Exhibit "A"; (d) Contractor invoice(s) and/or bill(s) of sale relating to the Property Group, and if the invoices have been paid by City evidence of payment thereof, and if applicable, evidence of official intent to reimburse such payment as required by the Regulations; 7 (e) as applicable, financing statements executed by City as debtor and/or the original certificate of title or manufacturer's certificate of origin and title application if any of the Property Group is subject to certificate of title laws; (f) a completed and executed Form 8038-G or -GC or evidence of filing thereof with the Secretary or Treasury; and (g) any other documents or items reasonably required by Lessor. Simultaneously with the delivery of the Property Group, Lessor shall cooperate with the City and the City shall take all actions necessary to vest legal title to the Property Group in the City, and to perfect a security interest therein in favor of Lessor or a person, firm, or corporation designated by Lessor. Within three (3) business days of Lessor's receipt of the documents listed above in (a) -(g) in form and substance satisfactory to Lessor, Lessor shall make full payment to Contractor(s) of all funds applicable to the accepted Property Groups by either wire transfer or overnight delivery of a check at the direction of the Contract Administrator. If the escrow agreement described in Section 3.6 is utilized Lessor will consent to a disbursement from the escrow account for payment of all funds applicable to the accepted Property Group within three (3) business days of Lessor's receipt of the documents listed in (a) -(g) above in form and substance satisfactory to Lessor. Section 3.3. Lease. Lessor hereby leases all Property made subject to this Agreement to the City, and the City hereby leases such Property from Lessor, upon the terms and conditions set forth in this Lease. Section 3.4. Possession and Enjoyment. Lessor hereby covenants to provide the City during the Lease Term with the quiet use and enjoyment of the Property, and the City will during the Lease Term peaceably and quietly have and hold and enjoy the Property, without suit, trouble, or hindrance from Lessor, except as expressly set forth in this Agreement. Lessor will, at the request of the City and at the City's cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent Lessor lawfully may do so. Section 3.5. Lessor's Access to Property. The City agrees that Lessor may at all reasonable times examine and inspect the Property. The City further agrees that Lessor will have such rights of access to the Property as may be reasonably necessary to cause the proper maintenance of the Property in the event of failure by the City to perform its obligations hereunder. Section 3.6 Alternative Procedure; Escrow Agreement. Notwithstanding the provisions of Section 3.2, if, upon agreement by Lessor and City as to any Property Group to be acquired and leased by City under this Agreement, Lessor and City enter into an escrow agreement (which shall name Lessor as the sole escrow agent) establishing an account from which the Property Group cost is to be paid (the "Escrow Account") (a) Lessor and City will immediately complete and execute an Exhibit A and Exhibit B relating to the Property Group; (b) the amount deposited by Lessor into the Escrow Account will be a loan from Lessor to City which will be repaid by the Lease Payments due under the related Lease; and (c) the Lease Payments relating to the 8 Property Group will have an aggregate Principal component equal to the amount of Lessor's deposit into the Escrow Account and will be due and payable as provided in the related Exhibit B commencing upon the deposit of funds by Lessor into the Escrow Account. All interest earned on an Escrow Account will be paid to City. Lessor must not underfund or overfund the Escrow Account. If City fails to purchase all Property provided for by an Escrow Account, any remaining funds will be refunded to City or applied to future Lease Payments. All funds in the Escrow Account shall be invested in accordance with City's Investment Policy (a written copy of which has been provided by City to Lessor) and The Texas Public Funds Investment Act. The parties hereto hereby expressly acknowledge and agree that no actions undertaken pursuant to this Section 3.6 shall be interpreted as any exercise by City of its rights to effect a prepayment of any Lease Payments pursuant to Section 5.5 of this Agreement. ARTICLE 4. TERM OF MUNICIPAL LEASE Section 4.1. Lease Term. This Agreement will be in effect commencing upon its date of execution for a period of one (1) years; provided that any Lease for a Property Group will remain in effect for a Term commencing upon its date of execution and ending as provided in Section 4.5. The City and the Lessor may renew this Agreement for up to four additional one year terms. The additional agreement period will be one year and will commence automatically unless the City or Lessor notifies the other party in writing at least ninety (90) days prior to the end of the then -current term, that it wishes not to renew the Agreement or wishes to modify the terms of this Agreement. If City terminates a Property Group or defaults, Lessor has no obligation to fund future Property Group acquisitions. Section 4.2. Termination by the City. The Lease with respect to a particular Property Group will be in effect for the Original Term and for each of the Additional Terms shown in Exhibit "B", unless terminated prior thereto by City as provided in this Section. Not less than one hundred twenty (120) days before the end of the Original Term or any Additional Term, City may give written notice to Lessor to terminate such Lease if and only if either one (1) of the two (2) following conditions is true: (i) City fails to appropriate sufficient funding to meet City's obligations under any such Lease; or (ii) City has elected to prepay any Lease Payments related to any such Lease and has complied in all respects with the prepayment provisions of Section 5.5 (Prepayment Provision) of this Agreement. Upon termination by City because of either such event, the Lease with respect to the related Property Group will terminate and expire at the end of such Original Term or Additional Term then in effect on the date of the City's written notice of termination. The City may effect such termination by giving Lessor such written notice and by paying to Lessor any Lease Payments and other amounts due under such Lease which have not been paid at or before the end of the then current Original Term or Additional Term. In the event of termination of a Lease, the City will comply with the instructions of Lessor pursuant to Section 12.3. Section 4.3. Effect of Termination. Upon termination of a Lease with respect to the related Property Group, the City will not be responsible for the payment of any additional Lease Payments coming due with respect to succeeding Fiscal Years, but if the City has not delivered possession and conveyed to Lessor or released its interest in the Property Group within ten (10) days after the date of termination, the termination will nevertheless be effective, but the City will be responsible for the payment of damages equal to the amount of the Lease Payments thereafter 9 coming due under the page of Exhibit "B" attributable to the number of days after such ten (10) day period during which the City fails to take such actions and for any other loss suffered by Lessor as a result of the City's failure to take such actions as required. Section 4.4. Termination of Lease Term. The Term of each Lease will terminate upon the occurrence of the first of the following events: (a) the termination thereof by the City with respect to the related Property Group in accordance with Section 4.2; (b) the exercise by the City of its option to purchase Lessor's interest in the related Property Group pursuant to Article 10.; (c) a default by the City with respect to the related Property Group and Lessor's election to terminate the Lease with respect to such Property Group pursuant to Article 10.; or (d) the payment by the City of all Lease Payments and all other amounts authorized or required to be paid by the City hereunder with respect to the related Property Group. Section 4.5. Termination of Agreement. Either Lessor or City may terminate this Agreement as to any further financings hereunder after the expiration of the initial one-year term or after the expiration of any annual extension term by giving 90 days written notice to the other as set out in Section 13.1 herein. Notwithstanding the termination, the Agreement will remain in full force and effect with respect to Leases outstanding as of the date of such termination, and such Leases may terminate only as provided in Section 4.4 herein. ARTICLE 5. LEASE PAYMENTS Section 5.1. Lease Payments. City agrees to pay Lease Payments during the Lease Term in the amounts specified in each Exhibit "B". Lessor shall invoice City monthly with each invoice stating the Property Group Lease number (A -_J and Lease Payment for each Property Group for which payment is invoiced. Using a format agreed to by the Contract Administrator and Lessor's authorized representative, City shall make monthly payments on the first business day of the month; however, the Contract Administrator reserves the right to change the payment date for future Leases on 90 days prior written notice to Lessor. All Lease Payments must be paid to Lessor at its offices at the address specified in the first paragraph of this Lease, or to such other person(s) or entity(ies) to which Lessor has assigned such Lease Payments as specified in Article 11., at such place as such assignee may designate by written notice to the Contract Administrator. The City shall pay the Lease Payments exclusively from monies legally available therefore, in lawful money of the United States of America. Interest with respect to the Lease Payments for any Property Group accrues from the date of Lessor's payment to Contractor or, if the escrow agreement described in Section 3.6 is utilized, from the date of Lessor's deposit of funds with the escrow agent. 10 Section 5.2. Current Expense. The obligations of the City under this Agreement, including its obligation to pay the Lease Payments due with respect to the Property, in any Fiscal Year for which this Agreement is in effect, constitutes a current expense of the City for such Fiscal Year and does not constitute an indebtedness of the City within the meaning of the constitution and laws of Texas. Nothing herein constitutes a pledge by the City of any taxes or other monies, other than monies currently appropriated from time to time by or for the benefit of the City in the annual budget of the City and the proceeds or Net Proceeds of the Property, to the payment of any Lease Payment or other amount coming due hereunder. Section 5.3. Interest Component. A portion of each Lease Payment is paid as and represents the payment of Interest. Exhibit "B" sets forth the Interest component of each Lease Payment. Lessor agrees that the interest component for each Property Group be established as follows: Amortization Period 12 months 18 months 24 months 30 months 36 months 42 months 48 months 60 months 72 months 84 months 120 months Applicable Interest Rate 79% of 11 month thru 1 year Secure Connect Bullet Rate plus 1.300% 79% of 11 month thru 1 year Secure Connect Bullet Rate plus 1.300% 79% of 1 year thru 1.5 year Secure Connect Bullet Rate plus 1.300% 79% of 1 year thru 1.5 year Secure Connect Bullet Rate plus 1.300% 79% of 1.5 year thru 2 year Secure Connect Bullet Rate plus 1.300% 79% of 1.5 year thru 2 year Secure Connect Bullet Rate plus 1.300% 79% of 2 year thru 2.5 year Secure Connect Bullet Rate plus 1.300% . 79% of 2.5 year thru 3 year Secure Connect Bullet Rate plus 1.300% 79% of 3 year thru 4 year Secure Connect Bullet Rate plus 1.456% 79% of 3 year thru 4 year Secure Connect Bullet Rate plus 1.495% 79% of 5 year thru 6 year Secure Connect Bullet Rate plus 1.606% The Interest Rate will be calculated on the basis of a 360 day year. 11 Section 5.4. Lease Payments to be Unconditional. The obligation of the City to make Lease Payments or any other payments required hereunder during a Lease Term is absolute and unconditional in all events, subject to Non -appropriation. Notwithstanding any dispute between the City and Lessor or any other person, the City shall make all Lease Payments when due and shall not withhold any Lease Payment pending final resolution of such dispute nor shall the City assert any right of set-off or counterclaim against its obligation to make such Lease Payments required under this Agreement. The City's obligation to make Lease Payments during any Lease Term shall not be abated through accident or unforeseen circumstances. However, nothing herein may be construed to release Lessor from the performance of its obligations hereunder; and if Lessor fails to perform any such obligation, the City may institute such legal action against Lessor as the City may deem necessary to compel the performance of such obligations or to recover damages therefor. Section 5.5. Prepayment Provision. City shall have the right to prepay any Lease Payments (i) at any time upon 30 days prior written notice to Lessor and (ii) in accordance with Article 10 hereof. Section 5.6. No Other Fees. The City will pay Lessor no other fees than the Interest and Principal, late charges and other amounts as specifically provided in this Agreement. Section 5.7. Appropriations. (a) City, by entering into this Agreement, acknowledges its current intention to make all payments due under this Agreement during its current Fiscal Year on the dates such payments are then due, but does not commit to a legal or other obligation to make other payments due under this Agreement or to incur any liability or debt beyond the revenue and income provided during its then current Fiscal Year. The liability and obligations of City during each Fiscal Year and remedies of Lessor will be limited to recovery only of funds appropriated for payments for such Fiscal Year. (b) City agrees (i) that the governing body of City shall, for each ensuing Fiscal Year in which the payments are scheduled to be made, to the extent funds have been appropriated for such Fiscal Year, make all such payments as and when due; and (ii) that if sufficient funds are appropriated and budgeted for the next Fiscal Year for the sale and lease of the Property, then the relevant Lease and Lease Payments will continue during such Fiscal Year. Section 5.8. Funding Intent. City reasonably believes that sufficient funds can be obtained to make all installment payments and other payments during the term. of this Agreement. City affirms that funds to pay installment payments and other payments under this Agreement are available for City's current Fiscal Year. City and Lessor agree that City's obligation to make installment payments under this Agreement will be City's current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. Nothing contained in this Agreement will be interpreted as a pledge of City's general tax revenues, funds or moneys. 12 ARTICLE 6. ACTIONS ARISING OUT OF PROPERTY USE: DAMAGE OR DESTRUCTION OF PROPERTY; INSURANCE Section 6.1. To the extent permitted by Texas law, the City agrees to indemnify, protect, save, and keep harmless Lessor or any assignee or transferee of Lessor and their respective agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, costs, and expenses (including reasonable attorney's fees) of whatsoever kind or nature, imposed on, incurred by, or asserted against Lessor that in any way relate to or arise out of the Property, or any part thereof, including, without limitation, the construction, purchase, delivery, installation, ownership, leasing or return of the Property as a result of the use, maintenance, repair, replacement, operation or condition thereof (whether defects are latent or discoverable by Lessor or by the City), except such as may result from the negligence or willful misconduct of Lessor or any assignee or transferee of Lessor or any of their respective agents and servants. This indemnification will be effective from the date the first Property Group is leased by the City and shall survive the termination of this Agreement. City agrees to give Lessor prompt written notice of any claim or liability hereby indemnified against. The City shall not be required to pay any federal, state, or local income, inheritance, estate, succession, transfer, gift, franchise, gross receipts, profit, excess profit, capital stock, corporate, or other similar tax payable by Lessor, its successors or assigns. Section 6.2. Damage to or Destruction of Property. If after delivery of any Property to the City, such Property is lost, stolen, destroyed, or damaged beyond repair, the City shall as soon as practicable after such event either: (i) replace the same at the City's sole cost and expense with Property of equal or greater value to the Property immediately prior to the time of the loss occurrence, such replacement Property to be subject to Lessor's reasonable approval, whereupon the replacement will be substituted in this Lease by appropriate endorsement; or (ii) pay the applicable Purchase Option Price of the Property. The City shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence and shall complete the action within six (6) months of the loss occurrence, provided if City is not in default hereunder and has not terminated any Lease under Section 4.2, Lessor may agree to extension of the time for performance under clause (i) if the City provides evidence that the replacement Property has been ordered. If the City fails or refuses to notify Lessor within the required period, Lessor may declare the Purchase Option Price applicable to the Property immediately due and payable by the City. The Net Proceeds of all insurance payable with respect to the Property will be used to discharge the City's obligation under this Section. On payment of the Purchase Option Price, this Lease will no longer apply to the Property and the City thereupon becomes entitled to the Property AS IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANI1hS OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY, except that the Property must not be subject to any lien or encumbrance created by or arising through Lessor. 13 The parties hereto mutually agree that, only as to Property of a nominal value, should such property be destroyed, upon the mutual written agreement between City and Lessor, the Lease of such Property may be continued and City may continue to make the relevant Lease Payments as set forth in Exhibit B hereto. Section 6.3. Insurance. With respect to all Property subject to any Leases, at all times City shall use its best efforts to provide an actuarially sound self-insurance liability program with limits which are established by the Texas Tort Claims Act. Upon prior written request by Lessor, City will deliver to Lessor evidence satisfactory to Lessor showing the existence of such insurance, including, without limitation and as applicable, a letter confirming its self-insurance status. The City will also provide commercial property/casualty coverage and deliver, upon request, proof of insurance. If City fails to maintain such insurance, Lessor may obtain such insurance as Lessor deems necessary, and City will reimburse Lessor for all premiums therefor, together with interest at the maximum rate permitted pursuant to Chapter 1204, Government Code, as amended, or other applicable law then in effect. ARTICLE 7. OTHER OBLIGATIONS OF THE CITY Section 7.1. Use; Permits. The City shall obtain all permits and licenses necessary for the installation, operation, possession, and use of the Property. The City shall comply with all state and federal laws applicable to the installation, use, possession, and operation of the Property, and if compliance with any such state and federal law requires changes or additions to be made to the Property, such changes or additions shall be made by the City at its expense. City agrees that if City is required to deliver any item of Property to Lessor or Lessor's agent, the Property shall be free of all substances which are regulated by or form a basis for liability under any environmental law. City shall comply with all license and copyright requirements of any software used in connection with the Property. Section 7.2. Maintenance of Property by the City. The City shall maintain, preserve, and keep the Property in good repair, working order, and condition, and shall make all repairs and replacements necessary to keep the Property in such condition. Section 7.3. Taxes, Other Governmental Charges and Utility Charges. Except as expressly limited by this Section, the City shall pay all charges of any kind which are at any time lawfully assessed or levied against the City with respect to the Property, the Lease Payments or any part thereof, which become due during each Lease Term. The Property which is the subject of this Agreement is, and shall be during all Lease Terms, owned and held only for public purposes and devoted exclusively to the use and benefit of the public and, as such, is exempt from ad valorem property tax. If Lessor receives any notice of taxes due with respect to any Property, it shall not pay such taxes but will promptly forward such notice to the Contract Administrator. The City shall also pay when due all gas, water, steam, electricity, heat, power, telephone, and other charges lawfully assessed or levied against the City incurred in the operation, maintenance, use, occupancy, and upkeep of the Property, and all special assessments and charges lawfully made by any governmental body for public improvements that may be secured by a lien on the Property; provided that with respect to special assessments or other governmental charges that may lawfully be paid in installments over 14 a period of years, the City shall be obligated to pay only such installments as are required to be paid during the relevant Lease Term as and when the same become due. The City may, at its own expense and in its own name, in good faith contest any such taxes, assessments, utility, and other charges and, in the event of any such contest, may permit the taxes, assessments, utility, or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such items the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes, assessments, utility or other charges or provide Lessor with full security against any loss which may result from nonpayment, in a form satisfactory to Lessor. The Property acquired pursuant to this Agreement is under the sole possession and exclusive use of the City as part of the City's governmental services in furtherance of its public purpose. The City does not make any representation, implied or otherwise, regarding the exemption or taxability of the Property for purposes of ad valorem and personal property taxation. All UCC statements, financing statements, or instruments filed of record to reflect Lessor's interest in the Property must state that: All property made subject of this UCC filing are owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and are used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. Section 7.4. Advances. If the City fails to perform any of its obligations under this Article, Lessor may, but is not obligated to, take such action as may be necessary to cure such failure, including the advancement of money, and the City is obligated to repay all such advances on demand, with interest at the rate of the existing loan or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE 8. TITLE Section 8.1. Title. During each Lease Term, and so long as the City is not in default under Article 12., legal title to the Property and any and all repairs, replacements, substitutions, and modifications to the Property will be in the City. Upon termination of a Lease under Section 4.2 or after default of the City, full and unencumbered legal title to such Property Group passes to Lessor, and the City shall have no further interest therein. In either of such events, the City shall execute and deliver to Lessor such documents as Lessor may reasonably request to evidence the passage of legal title to such Property Group to Lessor and the termination of the City's interest therein, and upon request by Lessor, City will deliver possession of the Property Group to Lessor in accordance with Section 12.3. Upon termination of a Lease with respect to any Property Group through exercise of the City's option to purchase pursuant to Article 10. or 15 through payment by the City of all Lease Payments and other amounts relating thereto, Lessor's security and all other interest in such Property Group terminates, and Lessor shall execute and deliver to the City such documents as the Contract Administrator may reasonably request to evidence the termination of Lessor's security or other interest in such Property Group. Section 8.2. Security Interest. Lessor has and retains a security interest, under the Uniform Commercial Code, in the Property, the proceeds thereof and all repairs, replacements, substitutions, and modifications thereto or thereof made pursuant to Section 8.5, in order to secure the City's payment of all Lease Payments due during each Lease Term and the performance of all other obligations herein to be performed by the City. In the event such Property is a motor vehicle, Lessor may require the state of registration to note Lessor's security interest on its records and the Certificate of Title for the vehicle. The City, acting through its Contract Administrator, will join with Lessor in executing such financing statements or other documents and will perform such acts as Lessor may request to establish and maintain a valid security interest in the Property. All UCC statements must indicate that title to a Property Group is in the City and exempt from ad valorem taxation as public property used for a public purpose under the constitution and laws of the State of Texas and contain the bold language of the indented paragraph in Section 7.3. If requested by Lessor, the City shall conspicuously mark the Property with lettering, labels, or tags as are reasonably approved by the City Manager, and maintain such markings during each Lease Term, so as clearly to disclose Lessor's security interest in the Property. If Lessor requires the Certificate of Title to note Lessor's security interest in a Property, upon payment in full by City of all Lease Payments and other related amounts, Lessor must give City a written release of Lessor's security interest so that the Certificate of Title may be reissued in the name of City without any security interest. Section 8.3. Liens. During each Lease Term, theCity shall l ot,chdirectly or indirectly, dire tly, create, incur, assume, or suffer to exist any mortgage, pledge, or claim on or with respect to the Property, other than the respective rights of Lessor and the City as herein provided and Permitted Encumbrances. All Property is exempt from local ad valorem taxation as property owned by a political subdivision and used for public purposes. Lessor shall not pay or incur any charge, assessment, or tax on any Property Group for which the City can claim an exemption from such charges as property used by a political subdivision of the State of Texas for public purposes as provided by the constitution and laws of the State of Texas. Except as expressly provided in Section 7.3 and this Article, the City shall promptly, at its own expense, take such action as may be necessary to discharge or remove any such mortgage, pledge, lien, charge, encumbrance, or claim if the same arise at any time. Section 8.4. Installation of the City's Property. The City may at any time in its sole discretion and at its own expense, install other items of equipment in or upon the Property, which items must be identified by tags or other symbols affixed thereto as property of the City. All such items so identified remain the sole property of the City, in which Lessor has no interest, and may be modified or removed by the City provided that the City must repair and restore any damage to the Property resulting from the installation, modification, or removal of any such items. Nothing in this Lease prevents the City from purchasing items to be installed pursuant to this Section under a conditional sale or lease with option to purchase contract, or subject to a vendor's lien or security agreement, as security for the unpaid portion of the purchase price thereof, provided that no such lien or security interest attaches to any part of the Property. 16 Section 8.5. Modification of Property. The City shall, at its own expense, have the right to make repairs, replacements, substitutions, and modifications to all or any of the parts of the Property. All such work and any part or component used or installed to make a repair or as a replacement, substitution, or modification, will thereafter comprise part of the Property and be subject to the provisions of this Agreement. Such work must not in any way damage the Property or cause it to be used for purposes other than those authorized under the provisions of state and federal law or contemplated by this Agreement; and the Property, upon completion of any such work must be of a value which is not less than the value of the Property immediately prior to the commencement of such work. Any property for which a replacement or substitution is made pursuant to this Section may be disposed of by the City in such manner and on such terms as are determined by the City. The City will not permit any mechanic's or other lien to be established or remain against the Property for labor or materials furnished in connection with any repair, replacement, substitution, or modification made by the City pursuant to this Section; provided that if any such lien is established and the City shall first notify Lessor in writing of the City's intention to do so, the City may in good faith contest any lien filed or established against the Property, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom unless Lessor shall notify the City that, in the opinion of Independent Counsel, the basis for which must be expressly detailed in the opinion, by nonpayment of any such item the interest of Lessor in the Property will be materially endangered or the Property or any part thereof will be subject to loss or forfeiture, in which event the City will promptly pay and cause to be satisfied and discharged all such unpaid items or provide Lessor with full security against any such loss or forfeiture, in form satisfactory to Lessor. Lessor will cooperate fully with the City in any such contest, upon the request and at the expense of the City. Section 8.6. Personal Property. The Property is and at all times remains personal property notwithstanding that the Property or any part thereof may be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any building. ARTICLE 9. WARRANTIES Section 9.1. Selection of Property. The Property and the Contractor have been selected by the City, and Lessor will have no responsibility in connection with the selection of the Property, its suitability for the use intended by the City, the acceptance by the Contractor of the order submitted, or any delay or failure by the Contractor to manufacture, deliver, or install the Property for use by the City. Upon acceptance of the Property, the City will add the serial number of the Property to Exhibit "A". Section 9.2. Installation and Maintenance of Property. Lessor shall have no obligation to install, erect, test, inspect, service, or maintain the Property under any circumstances, but such actions are the obligation of the City or the Contractor. Section 9.3. Contractor's Warranties. Lessor hereby assigns to the City for and during each Lease Term, all of its interest in all Contractor's warranties and guarantees, express or 17 implied, issued on or applicable to the Property, and Lessor hereby authorizes the City to obtain the customary services furnished in connection with such warranties and guarantees at the City's expense. Section 9.4. Patent Infringement. Lessor hereby assigns to the City for and during each Lease Term all of its interest in patent indemnity protection provided by a Contractor with respect to the Property. Such assignment of patent indemnity protection by Lessor to the City constitutes the entire liability of Lessor for any patent infringement by Property furnished pursuant to this Lease. Section 9.5. Disclaimer of Warranties. THE PROPERTY IS DELIVERED AS IS, WHERE IS, AND LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROPERTY, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROPERTY EXCEPT AS SET FORTH IN THIS AGREEMENT. ARTICLE 10. OPTION TO PURCHASE Section 10.1. When Available. The City has the option to purchase Lessor's interest in any Property Group on any Payment Date relating thereto for the then applicable Purchase Option Price relating thereto, but only if the City is not in default under this Agreement, and only in the manner provided in this Article. Section 10.2. Exercise of Option. The City will give written notice to Lessor of its intention to exercise its option with respect to any Property Group not less than thirty (30) days prior to the Payment Date on which the option is to be exercised and will deposit with Lessor on the date of exercise an amount equal to all Lease Payments and any other amounts relating to such Property Group then due or past due (including the Lease Payment relating thereto due on the Payment Date on which the option is to be exercised) and the applicable Purchase Option Price relating thereto. The closing will be on the Payment Date on which the option is to be exercised. Section 10.3. Release of Lessor's Interest. Upon execution of the purchase option with respect to any Property Group by the City, Lessor will convey or release to the City, all of its right, title, and/or interest in and to the Property Group by delivering to the Contract Administrator such documents as the City Attorney deems necessary for this purpose. ARTICLE 11. ASSIGNMENT, SUBLEASING, MORTGAGING, AND SELLING Section 11.1. Assignment of Lessor. All of Lessor's right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts relating thereto due hereunder, and the right to exercise all rights under this Agreement relating to such Property Group may be assigned and reassigned in whole or in part to one or more assignees or subassignees by Lessor at any time, only with the prior written consent of the City Manager, unless the Lessor continues to bill and service the Lease. No such assignment will be effective as against the City unless and until the assignor has filed with the City a copy of written notice thereof identifying the assignee. 18 The City will pay all Lease Payments due hereunder relating to such Property Groups to or at the direction of Lessor or the assigned named in the most recent assignment or notice of assignment with respect to such Property Group filed with the Contract Administrator. During each Lease Term, both Lessor and City will keep a complete and accurate record of all such assignments. In the event Lessor assigns participants in its right, title, and/or interest in and to any Property Group, the Lease Payments and other amounts due with respect thereto, and the rights granted under this Agreement relating thereto, such participants will be considered to be Lessor with respect to their participated shares thereof. Lessor may assign its rights under a Lease to an affiliate without notice to the City provided the Lessor continues to bill and collect Lease Payments and the Lessor agrees to keep a record of the assignments for purposes of Section 149(a) of the Internal Revenue Code. Section 11.2 Assignment and Subleasing by the City. Neither this Agreement nor the City's interest in the Property may be assigned by the City without the written consent of Lessor. However, the Property may be subleased by the City, in whole or in part, with the prior written consent of Lessor, subject to each of the following conditions: (i) Each Lease and the obligation of the City to make Lease Payments hereunder, remain the sole obligations of the City. (ii) The sublessee assumes the obligations of the City hereunder to the extent of the interest subleased. (iii) The City shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Lessor a true and complete copy of such sublease. (iv) No sublease by the City causes the Property to be used for a purpose other than an essential governmental function devoted exclusively to public use authorized under the provisions of the constitution and laws of Texas. (v) No sublease causes the Interest component of the Lease Payments due with respect to the Property to become included in the gross income of the recipient for federal income tax purposes. Section 11.3. Restriction on Mortgage or Sale of Property by the City. Except as provided in Section 11.2, the City shall not mortgage, sell, assign, transfer, or convey the Property or any portion thereof during the Term of this Agreement, or remove the same from its boundaries, without the written consent of Lessor provided that the City may designate the location of the Property outside the City boundaries in the Certificate of Acceptance. ARTICLE 12. EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The following will be "events of default" under this Agreement with respect to any Property Group and the terms "events of default" and "default" mean, whenever they are used in this Agreement, with respect to any Property Group, any one or more of the following events: 19 (i) Failure by the City to pay a Lease Payment or other payment required to be paid under any Lease with respect to any Property Group at the time specified herein and the continuation of said failure for a period of five (5) days after telex, facsimile, or telegraphic notice given by Lessor that the payment referred to in such notice has not been received, such telex, facsimile or telegraphic notice to be subsequently confirmed in writing. (ii) Failure by the City to observe and perform any covenant, condition, or agreement on its part to be observed or performed with respect to any Property Group, other than as referred to in Clause (i) of this Section, for a period of thirty (30) days after written notice specifying such failure. Such notice to the City by the Lessor must request that the default be remedied, unless Lessor agrees in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default is corrected. (iii) The filing by the City of a voluntary petition in bankruptcy, or failure by the City promptly to lift any execution, garnishment, or attachment of such consequence as would impair the ability of the City to carry on its governmental function or adjudication of the City as a bankrupt, or assignment by the City for the benefit of creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the United States Bankruptcy Code, as amended, or under any similar acts which may hereafter be enacted. (iv) (A) Default with respect to City's bonds, other public securities, or other debt owed to banks or other financial institutions (collectively, "Debt") which remains uncured in accordance with its terms or, (B) City defaults under any Debt or any other material agreement relating to Debt to which City is a party with third parties, resulting in a right by such third parties to accelerate the maturity of City's Debt, and such default materially impairs City's ability to pay its' obligations to Lessor under this Agreement. The provisions of this Section 12.1 and Section 12.2 are subject to the following limitation: if by reason of force majeure the City is unable in whole or in part to carry out its obligations under any Lease with respect to any Property Group, other than its obligation to pay Lease Payments with respect thereto which must be paid when due notwithstanding the provisions of this paragraph, the City will not be deemed in default during the continuance of such inability. The term "force majeure" as used herein means, without limitation, the following: acts of God, strikes, lockouts, or other labor disturbances; acts of public enemies; orders or restraints of any kind of the government of the United States of America or the State or their respective departments, agencies or officials, or any civil or military authority; insurrections; riots; landslides; earthquakes; fires; storms; droughts; floods; explosions; breakage or accident to machinery, transmission pipes or canals; or any other causes or events not reasonably within the control of the City and not resulting from its negligence. The City agrees, however, to remedy with all reasonable dispatch the cause or causes preventing the City from carrying out its obligations under this Lease; provided that the settlement of strikes, lockouts, and other labor disturbances are entirely within the discretion of the City Manager and the City Manager is not required to make settlement of strikes, lockouts, and other labor disturbances by 20 acceding to the demands of the opposing party or parties when such course is in the judgment of the City Manager unfavorable to the City. Section 12.2. Remedies on Default. Whenever any event of default referred to in Section 12.1 hereof has happened and is continuing with respect to any Property Group, Lessor may, at its option and without any further demand or notice, take one or any combination of the following remedial steps: (i) Lessor may terminate the Lease with respect to such Property Group and declare all Lease Payments due thereunder with respect to such Property Group during the Fiscal Year in effect. (ii) Lessor may terminate the Lease with respect to such Property Group and repossess the Property Group wherever it is located; Lessor may enter upon the City's premises where the Property Group is kept and take possession of the Property Group. Notwithstanding the fact that Lessor has taken possession of the Property Group, the City must pay for the Lease Payments due with respect thereto during the Fiscal Year then in effect. (iii) Lessor may require City to deliver the Property to a location designated by Lessor. (iv) Lessor may proceed by court action to enforce performance by City of any terms of this Agreement and/or to recover all damages and expenses incurred by Lessor by reason of any "event of default." (v) Lessor may exercise any other right or remedy available to Lessor at law or in equity. (vi) If Lessor terminates the Lease with respect to a Property Group and takes possession of such Property contained therein, Lessor, within sixty (60) days thereafter, must use its commercially reasonable efforts to sell such Property or any portion thereof in a commercially reasonable manner at public or private sale in accordance with applicable state laws. Lessor must apply the proceeds of such sale to pay the following items in the following order: (a) all costs incurred in securing possession of the Property Group; (b) all expenses incurred in completing the sale; (c) the balance of any Lease Payments with respect to such Property Group owed by the City during the Fiscal Year then in effect; and (d) the applicable Purchase Option Price with respect to the Property Group due at the end of the Fiscal Year. Any sale proceeds remaining after disbursement pursuant to Clauses (a), (b), (c), and (d) must be paid to the City. Section 12.3. Return of Property. Upon the expiration or termination by the City of a Lease with respect to any Property Group prior to the payment of all Lease Payments in accordance with the related Exhibit "B," the City must transfer title to the Property Group to Lessor if Lessor so instructs in writing and return such Property Group to Lessor in the condition, repair, appearance, and working order required in Section 7.2, in the following manner as may be specified by Lessor: (i) by delivering the Property Group at the City's cost and expense to such place within Texas as Lessor specifies; or 21 (ii) by loading such portions of the Property Group as are considered movable at the City's cost and expense, on board such carrier as Lessor specifies and shipping the same, insurance freight prepaid, to the place within Texas specified by Lessor. If the City refuses to return the Property Group in the manner designated, Lessor may repossess the Property Group and charge to the City the costs of such repossession or pursue any remedy described in Section 12.2. Section 12.4. No Remedy Exclusive. No remedy conferred upon or reserved to Lessor by this Article is intended to be exclusive and every such remedy is cumulative and in addition to every other remedy at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or be construed as a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient by Lessor or its assignee. Section 12.5. Agreement to Pay Attorneys' Fees and Expenses. In the event either party to this Agreement defaults under any of the provisions hereof and the non -defaulting party employs attorneys and/or incurs other expenses for the collection of monies or for the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the parties agree that attorneys' fees and expenses will be paid as authorized by law. Section 12.6. Late Charge. Whenever any event of default referred to in Section 12.1, Clause (i) hereof has happened and is continuing with respect to any Property Group, Lessor has the right, at its option and without any further demand or notice, to require a late payment charge for each thirty (30) day period or part thereof during which such event of default occurs equal to existing interest rate of the delinquent amount not to exceed the maximum authorized by law and the City will be obligated to pay the same immediately upon receipt of Lessor's written invoice therefor; provided, however, that this Section 12.6 will not be applicable if or to the extent that the application thereof would affect the validity of this Agreement. 22 ARTICLE 13. ADMINISTRATIVE PROVISIONS Section 13.1. Notices. All notices, certificates, legal opinions, or other communications hereunder will be sufficiently given and will be deemed given when delivered or deposited in the United States mail in certified form with postage fully prepaid to the addresses specified in this Lease; provided that Lessor and the City, by notice given hereunder, may designate different addresses to which subsequent notices, certificates, legal opinions, or other communications will be sent. Unless otherwise changed by written notice, all notices required under this Lease must be directed to the following addresses: CITY: Director of Financial Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone (361) 826-3604 Fax (361) 826-3601 LESSOR: Vice President Frost Bank c/o Frost Leasing 100 West Houston Street San Antonio, Texas 78205 Phone (210) 220-6850 Fax (210) 220-6765 Daily communications between Contract Administrator and Lessor will be primarily documented by written notices sent by email. For daily, routine communications email notice is adequate. For formal notice required by any Article or Section of this Agreement email notice, if any, must be followed by United States certified mail notice. Section 13.2. Financial Information. During the Term of this Agreement, the Contract Administrator annually will provide Lessor with current financial statements, budgets, proof of appropriation of the ensuing Fiscal Year and such other financial information relating to the ability of the City to continue this Agreement as may be reasonably requested by Lessor or its assignee within 30 days of written request therefor. Section 13.3. Binding Effect. This Agreement inures to the benefit of and will be binding upon Lessor and the City and their respective successors and assigns. This Agreement must not be construed to confer any rights, duties, or interest on any party not a successor in interest or assignee of Lessor or the City nor may any such party rely on this Agreement as evidence of any duty, right, or obligation of Lessor or the City unless both the Lessor and the City, or their successors and assigns, acknowledge such duty, right, or obligation in writing, directly addressed to such third party. Section 13.4. Usury,. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Exhibit A, in no event does this Agreement or any Lease hereunder require the payment or permit the collection of Interest or fees in excess of the maximum amount permitted by applicable law. Any such excess interest or fees must first be applied to reduce Principal, and when no Principal remains, refunded to City. In determining whether the interest paid or payable exceeds the highest lawful rate, the total amount of interest must be spread through the applicable Lease Term so that the Interest is uniform through such term. 23 Section 13.5. Amendments, Changes, and Modifications. This Agreement may be amended or any of its terms modified only by written agreement in a document executed, and delivered by duly authorized representatives of both the Lessor and the City. Section 13.6. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions, Articles, Sections, or Clauses of this Agreement. Section 13.7. Further Assurances and Corrective Instruments. Lessor and the City agree that they will, from time to time, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Property hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. The Contract Administrator is hereby authorized by the City Manager to execute such addenda as attached hereto as Exhibits for each Property Group and such other instruments, including, but not limited to, UCC statements, Bill of Sales, etc. that are necessary to carry out the responsibilities, duties, and obligations required of the City in accordance with the terms and conditions of this Agreement. Section 13.8. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which constitute an original and all of which constitute but one and the same instrument. Section 13.9. Applicable Law. This Agreement must be governed by and construed in accordance with the laws of Texas. Section 13.10. Entire Agreement. This Agreement, and all addenda and exhibits, as may hereafter be executed, constitute the entire agreement between the parties and supersede all previous negotiations, commitments, and contracts. Section 13.11. Severability. In the event any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such holding does not invalidate or render unenforceable any other provision hereof. To the extent any term herein creates a pecuniary obligation which constitutes a "debt" not payable under current revenues under Sections 5 and 7 of Article II of the Texas Constitution, such provision will be applied only to the extent performance or assumption of such obligation by the City is enforceable and valid under the constitution and laws of Texas. Section 13.12 Survival. All representations, warranties, covenants and agreements made by City pursuant to this Agreement shall survive the termination of this Agreement. Section 13.13 No "Net Effective Interest Rate". Notwithstanding anything contained in this Agreement to the contrary, in no event shall interest contracted for, charged or received hereunder, plus any other charges in connection herewith that constitute interest on this Agreement under applicable law, result in a "net effective interest rate" as defined in Section 271.003(6) of the Local Government Code, as amended, in excess of the net effective rate at which public securities may be issued in accordance with Chapter 1204, Government Code, as amended. The amounts of such interest or other charges previously paid to Lessor in excess of 24 the amounts permitted by the preceding sentence shall be applied by Lessor to reduce the principal of the indebtedness incurred by City pursuant to this Agreement, or, at the option of Lessor, be refunded. To the extent permitted by Chapter 1204, Government Code, as amended, or other applicable law then in effect, determination of the maximum net effective interest rate shall at all times be made by amortizing, prorating, allocating and spreading in equal parts during the period of the full stated term of this Agreement and such indebtedness, all interest at any time contracted for, charged or received from City hereof in connection with the indebtedness evidenced hereby, so that the actual rate of interest on such indebtedness is uniform throughout the term hereof. Interest on the unpaid amounts under this Agreement shall be computed as simple interest. 25 IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer; and the City has caused this Agreement to be exec te• in its name by its City Manager, or his designee, effective for all purposes as of CITY O I, ' ' RISTI 1 4l� 1 MichaBarrera Assistant Director of Financial Services 77E ARMANDO NAPA CJTY SECa1TAFD4 LESSOR: Frost Bank January 3, 2013 By: Printed Name: Scott Anderson Title: Vice President 1C4MCIL 26 Exhibit "A PROPERTY DESCRIPTION The following Property comprises a Property Group which is subject to the terms and conditions of that certain Master Lease Purchase Agreement entered(Ito by and d ed between the City ofthe dCorpusf of Christi and , 20 Quantity Description Serial Number All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the Ste of against or any other charges. ent, levy, or charges for ad valorem taxation, personal property taxation, LESSOR By: Name: Title: CITY OF CORPUS CHRISTI Constance Sanchez Director of Financial Services 2'7 Exhibit "B " SCHEDULE OF LEASE PAYMENTS RELATING TO PROPERTY The following schedule of Lease Payments constitutes the applicable payments for the Property Group described on Exhibit "A " attached to that certain Master Lease Purchase Agreement entered by and between the City of Corpus Christi and (Lessor) dated the day of , 20 Purchase Due Payment Total Principal Interest Date Number Payment Component Component All Property made subject of this Agreement is owned by and under the sole and exclusive use of the City of Corpus Christi, a political subdivision of the State of Texas, and is used as part of the City's governmental services in furtherance of its public purpose. The City asserts all exemptions provided for political subdivisions of the State of Texas as authorized under the Constitution and laws of the State of Texas against the assessment, levy, or charges for ad valorem taxation, personal property taxation, or any other charges. LESSOR: CITY OF CORPUS CHRISTI By: Name: Title: 28 Constance Sanchez Director of Financial Services Exhibit "C" CERTIFICATE OF ACCEPTANCE I, the undersigned, hereby certify that I am the duly qualified and acting of the City of Corpus Christi, (the City), and, with respect to the Master Lease Purchase Agreement dated , , (the Agreement), by and between Lessor and the City that: 1. The Property listed on Exhibit "A " (the Property Group) has been delivered and installed in accordance with the City's Specifications (as that term is defined in the Agreement) and has been fully tested and finally accepted by the City. The serial vehicle identification number(s) of the Property Group is/are listed on Exhibit "A- 2. The Lease Payments provided for on the page of Exhibit "B " relating Land such Property Group (the Lease Payments) shall commence monthly beginning be due and payable on the first business day of each month thereafter. 3. The City has appropriated and/or taken other lawful actions necessary to provide monies sufficient to pay all Lease Payments required to be paid under the Lease during the current fiscal year of Lessee, and such monies will be applied in payment of all such Lease Payments due and payable during such current fiscal year. 4. During the Lease Term (as defined in the Lease) the Property Group will be used by the City to perform essential governmental functions devoted exclusively to public use. Such functions are: 5. The City has not terminated any Lease under Section 4.2 of the Agreement and no Event by Default has occurred thereunder. 6. There is no litigation, action, suit, or proceeding pending before any court, administrative agency, arbitrator, or governmental body, that challenges the organization or existence of the City; the authority of the City or its officers or its employees to enter into the Lease; the proper authorization, approval, and execution of the Lease and other documents contemplated thereby; the appropriation of monies, or any other action taken by the City to provide monies, sufficient to make lease Payments coming due under the Lease in the City's current fiscal year; or the ability of the City otherwise to perform its obligations under the Lease and the transaction contemplated thereby. Acknowledged by By: Authorized Agent CITY OF CORPUS CHRISTI Constance Sanchez, Director of Financial Services Lessor, this day of Exhibit "D" OPINION OF COUNSEL Re: Master Lease Purchase Agreement dated as of the day of by between the City of Corpus Christi ("City") and (Lessor). Dear Sir or Madam: I have acted as counsel to the City with respect s related to themattersMand in this capacity have aster Lease Purchase grreviewed described above (the Agreement) and van Based a duplicate original or certified copy of the Agredeomeennteand thents dmExhibits attached tt a pethereto. is ret .opened upon the examination of these and such other that: 1. The City is a municipal corporation and tp°tutical on and lawslon of the State of of the State of Texasexas, duly organized, existing, and operating under the Co the 2. The City is authorized and has power unthe traer nsact ons contemplated theplicable law to enter reby. 3. Agreement, and to carry out its obligations thereunderand 3. The Agreement has been duly authorized, approved, executed, and delivered by and on behalf of the City, and is a valid and binding contract d federal laws of the City enforceable remedies nce with and by its terms, except to the extent limited by state bankruptcy, reorganization, or other laws of general application relating to or affecting the enforcement of creditor's rights. 4. The authorization, approval, and execution ��eAgreement ave been performed in accordance s of the City relating to the transactions contemplate Y with all applicable open meeting, public bidding, and all other laws, rules, and regulations of the State of Texas. 5. The execution of the Agreement and the e ppropriation of monies to pay the Lease violation of any constitutional, statutory, r Payments coming due thereunder do not resultother limitation relating to the manner, form, or amount of indebtedness which may be incurred by the City. 6. There is no litigation, action, suit, or proceeding pending before any court, administrative agency, arbitrator, or goveCity bof ody, thatrs challenges ihallengs employees toorganization ga i at o the or existence of the City; the authority of the Agreement; the proper authorization, approval and/or execution of the Agreement, Exhibits thereto and other documents contemplated thereby; the appropriation of monies to make Lease EXHIBIT E Standard Form LLC LLC NO. BI NO. — LEASE LINE OF CREDIT REQUISITION AND RECEIVING REPORT City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 CITY CONTACT: CONTACT TELEPHONE: (361) 826-3651 FAX (361) 826-3601 BUDGETED EQUIPMENT COST: FINANCING TERM: 36 mo _, 42 mo _, 48 mo _, 60 mo _, 84 mo _, 120 mo _, Other (specify) TOTAL APPROXIMATE COST: $ IS THE FIRST YEAR PAYMENT APPROPRIATED? Yes No (explain) PHONE NO: DATE: ACTIVITY NAME: ACCOUNT/FUND/ORG: DEPARTMENT CONTACT: DEPARTMENT APPROVAL: Acknowledged by Lessor: Signature Name: (Please Print/Type) EQUIPMENT: Complete One Form Per Line Item and Attach Specification. Describe equipment (non-technical description) including quantity to be ordered. ESSENTIAL USE: 0 Check if the proposed equipment is replacement. State the age of the equipment being replaced, why, the proposed equipment is needed, and its estimated useful life. 0 Check if the proposed equipment is additional. State why the equipment is needed and the estimated useful life. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: FROM: November 20, 2014 Ronald L. Olson, City Manager Floyd Simpson, Chief of Police floyds@cctexas.com 886-2604 Authorization to submit grant application to Texas Department of Transportation for FY2016 Speed and DWI overtime enforcement CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $98,081.50 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $41,247.45, for a total project cost of $139,328.95, and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. PURPOSE: Resolution of support for the application is required from the governing body. BACKGROUND AND FINDINGS: Funding is available from TXDOT for a DWI and Speed enforcement overtime grant in the Police Department for 2016. The grant will provide DWI and Speed enforcement across the City with varied days of the week and hours of operation. Officers will be working on an overtime basis, with the City providing $23,647.45 fringe benefits and $17,600 for mileage. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 41,247.45 41,247.45 Encumbered / Expended Amount This item 98,081.50 98,081.50 BALANCE 139,328.95 139,328.95 Fund(s): Police Grants Fund, Police General Fund Comments: RECOMMENDATION: Staff recommends applying for the grant. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Authorizing the City Manager or designee to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $98,081.50 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $41,247.45, for a total project cost of $139,328.95; and authorizing the City Manager or designee to accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager or the City Manager's designee is authorized to submit a grant application to the Texas Department of Transportation (TXDOT) in the amount of $98,081.50 for the 2016 Comprehensive Selective Traffic Enforcement Project (STEP) within the Police Department, for overtime Driving While Intoxicated (DWI) and Speed enforcement, with a city match of $41,247.45, for a total project cost of $139,328.95. SECTION 2. The City Manager or the City Manager's designee may accept, reject, agree to alter the terms and conditions, or terminate the grant, if said grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Transportation. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: November 11, 2014 Ronald L. Olson, City Manager FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Michael Morris, Director of Parks and Recreation MichaelMo@cctexas.com (361) 826-3464 Approval of Professional Monitoring Contract Packery Channel Monitoring 2014-2015 CAPTION: Motion authorizing the City Manager, or his designee, to execute a Amendment No. 10 to the contract between the City of Corpus Christi and Texas A & M University -Corpus Christi in the amount of $277,084 for a restated fee not to exceed $2,174,867 for Packery Channel Monitoring Fiscal Year 2014-2015. PURPOSE: The purpose of this Agenda Item is to authorize the proposed consultant to continue monitoring of the Packery Channel through Fiscal Year 2014-2015. BACKGROUND AND FINDINGS: Packery Channel monitoring began in 2003 by Texas A&M University -Corpus Christi (TAMUCC) Division of Nearshore Research (DNR). DNR's monitoring was conducted under sponsorship of the U.S. Army Corps of Engineers (USACE), Galveston District. USACE ceased monitoring efforts in 2007. The City assumed sponsorship of monitoring in 2008 and contracted with DNR to continue monitoring. The monitoring program consists of three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) as well as changes in the width/depth of the inland channel segment and beach width/volume as related to: • Post -dredge and post -nourishment monitoring • Future dredge planning and support • Navigation safety and placement of aids to navigation where required • Beach nourishment planning and support • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) • FEMA reimbursement documentation • Data acquisition for application of structural stability assessment (coastal structures: jetties, revetment, bridge scour protection) • Public awareness and community education/outreach • Support and collaboration on vicinity coastal projects and concerns. ALTERNATIVES: 1. Approve Amendment No. 10 to the contract with TAMU-CC as proposed. 2. Do not approve Amendment No. 10 to the contract with TAMU-CC as proposed. OTHER CONSIDERATIONS: This professional services contract was presented to the Island Strategic Action Committee (ISAC) on October 7th, 2014, and was recommended for City Council consideration. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2014-2015 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2 EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $510,000.00 $1,020,000.00 $1,530,000.00 Encumbered / Expended Amount This item $277,084.00 $277,084.00 Future Anticipated Expenditures $36,298.00 $1,020,000.00 $1,056,298.00 BALANCE $196,618.00 $0.00 $196,618.00 Fund(s): Packery Channel Projects TIF #2, Parks and Rec, Seq. No. 10 COMMENTS: This Amendment No. 10 was preceded by Amendment No. 9, a zero dollar amendment, which allowed TAMUCC to begin work on the FY 2014/2015 Packery Channel monitoring using funds that were remaining from the FY 2013/2014 contract budget. The prior contract savings allowed for a reduction in the cost of the Amendment No. 10 (FY 2014/2015) Packery Channel monitoring contract. Remaining project balance will be used on other approved Packery Channel Miscellaneous Improvements projects. RECOMMENDATION: City staff recommends the approval of Amendment No. 10 to the Contract for Professional Monitoring be awarded to TAMU-CC in the amount of $277,084. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Presentation PROJECT BUDGET Packery Channel Monitoring 2014-2015 (Project No. E14051) PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 CIP Budget Year 2014-2015 $ 510,000.00 FUNDS REQUIRED: Professional Services Fees: Investigator (Texas A & M - Corpus Christi) Amendment 9 (FY 2014-2015) $0.00 *Investigator (Texas A & M - Corpus Christi) Amendment 10 (FY 2014-2015) $277,084.00 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $ 6,927.10 Engineering Services (Project Mgmt) $ 27,708.40 Misc. (Printing, Advertising, etc.) $ 1,662.50 TOTAL $313,382.00 ESTIMATED PROJECT BUDGET BALANCE $196,618.00 *Contract value for services to be performed is FY2014-2015 indicated above. Total Contract value of $2,174,867.00, with services performed annually since 2008. Project Location PROJECT # E14051 LOCATION MAP NOT TO SCALE N Packery Channel Monitoring Contract 2014-2015 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS • DEPARMENT OF CAPITAL PROGRAMS PAGE 1OF1 Packery Channel Monitoring FY 2014-2015 Corpus Chr sti Capital Programs Council Presentation December 9, 2014 Project Scope Corpus Chr sti Capital Programs ® Project Location PROJECT#: Ei4051 • Three seasonal investigations of shoaling and scour in the channel and nearshore (Gulf of Mexico) • Monitor changes in the width/depth of the inland channel segment and beach width/volume • Post -dredge and post - nourishment monitoring • Abbreviated Survey of the Mollie Beattie Coastal Habitat Community (MBCHC) • Baseline survey of Lake Padre Region and canals of Padre Isles Project Schedule Corpus Chr sti Capital Programs I�INI�I�IFIMIAIMI�I�IAISI�I Packery Channel Monitoring Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in December with anticipated completion in October 2015 Project Budget Corpus Chr sti Capital Programs PROJECT FUNDS AVAILABLE: Packery Channel Projects TIF #2 CIP Budget Year 2014-2015 FUNDS REQUIRED: $ 510,000.00 Professional Services Fees: Investigator (Texas A & M - Corpus Christi) Amendment 9 (FY2014-2015).......... $0.00 *Investigator (Texas A & M - Corpus Christi) Amendment 10 (FY 2014-2015). $ 277,084.00 Reimbursements: $ 36,298.00 TOTAL $313,382.00 ESTIMATED PROJECT BUDGET BALANCE $196,618.00 *Contract value for services to be performed is FY2014-2015 indicated above. Total Contract value of $2,174,867.00, with services performed annually since 2008. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: November 14, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Approval of Professional Services Contract Linda Webster Gurley CAPTION: Motion authorizing the City Manager, or his designee, to execute a Professional Services contract between the City of Corpus Christi and Linda Webster Gurley, P.E. in the amount of $88,000 for the professional engineering review of plans, drawings and specifications of City Public Works Projects on behalf of the City Capital Programs Department. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a Professional Services Contract with Linda Webster Gurley for the professional engineering review of plans, drawings and specifications of City Public Works Projects. BACKGROUND AND FINDINGS: Capital Programs needs to employ the services of Linda Webster Gurley, P.E. for professional review of consultant submitted plans, drawings, and specifications. She will be reviewing the submittals for general conformance with City requirements and standards for public improvements and constructability issues. The increased volume of design work associated with the voter—approved Bond 2014 program, and Capital Improvement Projects requires the services of an external consultant to meet deadlines and ensure the integrity of the design and construction process. ALTERNATIVES: 1. Approve Professional Services contract with Linda Webster Gurley, P.E. as proposed. 2. Do not approve Professional Services contract with Linda Webster Gurley, P.E. as proposed. OTHER CONSIDERATIONS: Ms. Gurley is uniquely qualified to perform these professional services has a wide working knowledge of engineering fundamentals, and has previous experience in performing document review for the City of Corpus Christi. CONFORMITY TO CITY POLICY: This conforms to city policy for procurement of professional services and the 2014-2015 Capital Improvement Budget. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $88,000.00 $88,000.00 Encumbered / Expended Amount This item $88,000.00 $88,000.00 Future Anticipated Expenditures BALANCE $0.00 $0.00 Fund(s): Streets 2013 TN (Bond 2014 Design) COMMENTS: N/A RECOMMENDATION: City staff recommends the approval of the Professional Services Contract with Linda Webster Gurley for $88,000. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Presentation PROJECT BUDGET Peer Review Services Linda Webster Gurley, P. E. PROJECT FUNDS AVAILABLE: Streets Bond 2014 $ 88,000.00 FUNDS REQUIRED: Professional Services Fees: Linda Webster Gurley, P.E $88,000.00 TOTAL $88,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 Professional Services Agreement Linda Webster Gurley Corpus Chr sti Capital Programs Council Presentation December 9, 2014 Bond 2014 Candidate Streets Map 10, Ch.irtr an, 7 5) Corpus Christi interna4onal Airport tee, CI IT] ., ss Lorp[- Christi flay Ie. 'as ABM U ersily-Corpus Chrislt —."5`c=. A s srepleq:' Corpus Chr sti Capital Programs Proposition No: 1 0 O 0 0 6 0 O 9 0 Alameda (Kinney to Lipan) Gollihar(Staplesto Weber) Gollihar(Weber to Carroll) Gollihar(Carrollto Kostoryz) Morgan (Ocean to Staples)) Corona (Flynn to Everhart) Ayers (Ocea n to Alameda) Yorktown Blvd (Lake Travis to Everhart) Staples (Alameda to Morgan) Proposition No: 2 17 Ayers Street -Turn Lane Addition (SPID to 6ollihar) 18 19 20 0 22 23 Southern Minerals Road (Up River to IH 37) 27 1 1 Yorktown (Everhart to Staples) 12 Carroll Lane (Houston to McArdle) 13 Old Robstown Road (SH 44 to Leopard) 14 Waldron Road (Airdome to Caribbean) 15 Santa Fe (Elizabethto Hancock) 16 ADA Masterplan Implementation—Citywide** 2s Chaparral Street - Phase 2 (Schatzel to Taylor) TxDOT Participation Traffic Signals and Lighting Improvements** Rodd Field Road Expansion (Saratoga to Yorktown) Downtown Street Traffic Signal Area Improvements Ennis Joslin Extension (Holly to Williams) Flato Road Harbor Bridge Replacement Mitigation North Padre Island Beach Access Roads Parks Beach Maintenance Facility Downtown Road and Streetscape Improvements Note: ""CityVvide and not depicted on the map CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County. Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Capital Programs) and Linda Webster Gurley, P.E., a sole proprietor. 7510 Milan St., Corpus Christi, Nueces, Texas, 78414, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Assist the City Capital Programs Department with professional engineering review of Bond 2014 drawing and specification submittals for general conformance with City Standard and requirements, and provide other engineering services on related tasks as needed. Services may include review, recommendations and administration but do not include plan preparation and/or sealing of design documents. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional engineering review services. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) as described in Exhibit "A", to complete the Project. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Capital Programs. Work will not begin on any phase or any Additional Services until requested in writing by the NE and written authorization is provided by the Director of Capital Programs. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Capital Programs. The Director of Capital Programs may direct the NE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. NE shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. Contract for Engineering (A/E) Services Page 1 of 3 4. INDEMNITY AND INSURANCE The NE agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as more fully set forth in Exhibit "B". If applicable, the A/E will submit to the City Engineer a certificate of insurance, with the City named as additionally insured, showing the minimum coverage set forth in Exhibit "B" by an insurance company acceptable to the City. 5. FEE The City will pay the NE a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $88,000.00 (in Numbers), Eighty Eight Thousand Dollars and No Cents (in Words). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the NE at the address of record. In this event, the NE will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The NE agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the NE staff. If the NE is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the NE without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, Contract for Engineering (NE) Services Page 2 of 3 contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Director of Capital Programs. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI LINDA WEBSTER GURLEY, P. E. /1- /7- ad4 Natasha Fudge, P.E. (Date) Linda Webster Gurley, P. (Date) Acting Director of Capital Programs 7510 Milan Street Corpus Christi, TX 78414 (361) 850-3175 Office (361) 993-1131 Fax APPROVED Office of Management and Budget (Date) APPROVED AS TO LEGAL FORM Legal Department (Date) Professional Engineering Review Services Fund Name Accounting Unit Account No. Activity No Amount Streets 2013 TN 3550-052 550950 El3089013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 E13090013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 E13091013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 E13092013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 E13093013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 E13095013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 E13096013550EXP $11,000.00 Streets 2013 TN 3550-052 550950 El3099013550EXP $11,000.00 Total $88,000.00 Encumbrance No. Contract for Engineering (A/E) Services Page 3 of 3 Linda Webster Gurley, PE 7510 Milan 5t Corpus Christi. Texas 78414 (361) 850-3075 h.vgurley@gmail.com Natasha Fudge, PE City of Corpus Christi Acting Director of Capital Programs PO Box 9277 Corpus Christi, Texas 78469-9277 August 18, 2014 RE CITY OF CORPUS CHRISTI LARGE A/E CONTRACT PROPOSAL - CAPITAL PROGRAMS Dear Mrs Fudge, Based on our recent discussions I propose to provide engineering services to the City on a targe NE Contract basis Specific services proposed under this Contract include assisting Capital Programs with professions rev.ew of drawings and specifications submitted by consultants on City Public Works Projects for general conformity with City standards and requirements. Work may also include providing general engineering services on other tasks on an as needed basis Services may include review, recommendations, and administration/organization, but do not include preparation and sealing of design documents I am available to provide engineering services as described above for at feast 15 hours per week and up to 40 hours per week at a rate of 585 per hour, not to exceed a tota= of S88,000. with the option for extension or renewal as needed and if mutually agreed Your consideration of this Proposal is appreciated. An engineering resume along with a referral letter regarding my previous 8 years of service with the City are attached. Please don't hesitate to let me know if you have any questions or would like additional support documentation. Sincerely. dewsra)stek tdula, Linda Webster Gurley, PE License #55935 F rm #F-14301 Attachments: - Engineering Resume C ty Reference Letter EXHIBIT "A" Page 1 of 1 A. EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR AIE PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) herein has been obtained and such insurance has been approved by the City. The B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of TYPE OF INSURANCE . 4 1 4 i insIudu g. 1. Broad Form 2. Premises Operations 3. Products/ Completed Operations /1. Contractual Liability 5. Independent-ContrasteFs aaa slain /11 1. Owned vehicles 2.. Hired Non owned vehicles Errors and Omi.,sions $1,000,000 per claim 1$2,000,000 anr-elate of the policy) an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Compensation Act EXHIBIT "B" Pa.e1 of3 KAEngineering DataExchangelCtanssa.10ther Projects Non DepartmentarLinda Webster Gurley4LWG December 2014%Contrect 3 EXHIBIT B INDEMNIFICATION - OCT 2010 Modified dots C- is the event of .-.cr, d'E<nts of any kind. Consul of il-repeFts rihifi CIO) ten cla a accident- nsult-3nt must ebtai ., sempai -in accordance-witig-T.04fas law. The sari#rac# for coverage -must bo writton en a policy and -endorsements approved by the Texas Dcsorffn t of tnG rance; Tho covorago st be in amount sufcicnt- -L'ssu inGufred will be -pet. E-iita - - - - _cCit1,-theFefer-eT—subiedt—tre use _ - . F- _ r _ - _ - _ - _ - mounts as -a -re o eved--INfrt1e Ci(y, Cor s Ettent sri 11 ..blain and n intain-4n fii!l._f trce and .-.##est for -the duration of this fisclta+t's sole expense, ifisuranGe coverage written on ani odeuFFence basis, by companies authorized Arid miffed to do businiass-i d with an A.M. Bost's rating of no less than A V. F. The- City -shot o }i d ILand rseme t the e --as they apply to the 4147+46404/Wifed by the City an - _ - _ _ , _ . . - .. €+ea#ie --e conditiehs tim+tat+e i .. R _ _ - - _ -sions are established by-law regulation binding upon- either of the tics- hereto or the uq le -APT of any such pditicicrx . i* ultant skull -be -required to comply with iey such requests and small su it -a copy -o4 -the replaGengent certifi te-of +ns f �C 3 of the requested change. Consultant ricurrcd Fe ulting from sa rian,s. I- +ee5 under this Article a#all be g City ef Corpus Chr+:xt+ Attn • -Risk Management 927-7 Carpus Christ -i. TX 78469 8277 fax:.(61) 826 4555 G. Con uitai= agrees that wish c p_ t -to the above required +nsur nd ~ I r surance policioJ a te, Gent tin i e ndersed to contain the feilow+Fig uired provisions: Na ie—he ity and its offider representatives -as additional insured b �ypJ tl activities af, or on behal3'— , -� -- hael€d Ins l Y ai wme larkd J rider contr cl mth th8 gity wi+h cx ep is Y i abrin rsnrl prrnfnnniefiar liability fol+ les i#- -Pf9c for Ir ef-gofPus-C-1:1-Fir.twh-e-r-041443--City-le-an-ad-ditional-insufell-ebewn-on the po1Ecy; tY Werkers' compenation-and employers! lam` paliciee will provide 3 waiver of stibflagaition-i dar days 3dvancc -written fie#ice directly to City of any EuspcnsieR, miliat+on, non renewal -9r ra`.enal change in coverage. and net -less -than t advaRC€ written neticc fir enpa-ymen of prffm um EXHIBIT "D" Pa•e2of33 '1^gid59Mr5y CalaExr1-angniC.'nn5kaal06-we Prtioc19 Is211. Japar(Ter'a'.Lirda Wr"_s'nr ;,.. I 'LY;'U )$"STbir2C14'.CDr,I clJ E74I•Er INDENINIFICAT10H- OCT 2010 EXHIBIT "B" I Page3of3 J maintain any insurance or policy endorsements to the cxtcnt and within the time herein J. Nothing herein contained shall be construed as limiting in any way the extent to which under this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. KlEngfneering DataEr<changelClarissaJlOther Projects Non DeparlmenlaFtLinda Webster GarleylLWG December 20141Contract43 EXHIBIT B INDEMNIFICATION - OCT 2010 Modified docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX invoice No. 12345 Invoice Date: Sample Form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract invoiced Invoice invoice Com. tete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100°% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 096 $6,000 $1,000 $1,250 $6,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0°% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% r:Ila SUPPLIER NUAIIEI( II'ILJRCH SING nV DIVISION y City or CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. IF the question is not applicable, answer with 'NA". See reverse side for riling Requirements, Certifications and definitions. COMPANY NAME: Linda Webster Gurley, P.E. P. O. BOX: STREET ADDRESS: 7510 Milan Si. CITY: Corpus Christi ZIP: 78-114 FIRM IS: I. Corporation 3. Partnership 3. Sok O+,.ncr 4. Association 1 S. Other 0 DISCLOSURE QUESTIONS If additional space is necessary, plcasc use the reverse side of this page or attach separate sheet. 1. State the names of tach "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." NameJob Title and City Department (if known) N/A 2. Stine the names of each `'official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" ol'the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "Iirnt." Name Board. Commission or Committee N/A 4. Statc the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT"D" Page 1 of 2 FILING REQWREMEN'rS if a person who requests official action on a mutter knows that the requested action will confer nn economic benefit on any City official or employee that is dislinguishnble from the effect that the action will have on members attic public in general or n substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shell also be made in a signed writing filed with the City Secretary. (Ethics Ordinance Section 2-349 (d)j CERTIFICATION 1 certify that all information provided is true and correct as of the date of chis statement, that 1 have not knowingly withheld disclosure of miy information requested; and That supplemental statements will be prompt y submitted to the City of Counts Christi, Texas as changes occur. Certifying Person: 'title: IT) pc or t'rint) Signature of Certifying Person: c& t ,� Date: a1Slaor4 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to alrect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or n substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or conunercial, and whether established to produce or deal with a product or service. including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership. corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation arc treated as non-profit organizations. c. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Dcpanmcnt and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. '`Ownership Interest." Legal or equitable interest. whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g• "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose ofprofessionnl consultation aad recommendation. EXHIBIT "D" Page 2 oft AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: Ronald L. Olson, City Manager November 14, 2014 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Contract Wastewater Staff Program Support CAPTION: Motion authorizing the City Manager or designee to execute an engineering support services contract with Pipeline Analysis, LLC of Garland, Texas in the amount of $1,200,000 for services to support the wastewater collection and treatment system's performance and compliance req uirements. PURPOSE: The purpose of this agenda item is to obtain authority to execute the Pipeline Analysis contract for services to support the wastewater collection and treatment system's performance and compliance requirements. BACKGROUND AND FINDINGS: In June 2014, the City issued Request for Qualifications (RFQ) No. 2014-04 City of Corpus Christi Wastewater Staff Program Support to acquire high quality professional services to support the various wastewater programs necessary to comply with Texas Commission on Environmental Quality (TCEQ) and United Stated Environmental Protection Agency (EPA) regulatory requirements. In August 2014, after the City's RFQ evaluation of qualifications, Respondent presentations, and interviews, the City's RFQ Selection Committee selected Pipeline Analysis, LLC as the Consultant Engineer for this project out of five RFQ respondents. The objective of this project is to assist the City staff in implementing various programs with professional and technical support in order to ensure regulatory compliance system integrity and minimize the cost impact to customers. The City staff has identified various specialized tasks that would otherwise require additional short term staffing and equipment to complete. By supplementing, or outsourcing, these specialized tasks through this contract, the City will be able to maintain required schedules and have the flexibility to obtain additional resources without long-term hiring commitments or purchases of specialized equipment for short term use. This project will provide the City with the technical support and expertise to move forward with the execution of the review and correction of deficiencies in the wastewater collection system. The support will mainly consist of engineering support related to review of closed-circuit television (CCTV) inspections, preparing program reports and providing engineered recommendation to address repair and rehabilitation identified prior segments and manholes. This may include support of the City's initiatives related to collection system cleaning, inspection, alternative analysis, remedial measures as well as data management for program reporting. The contract will consist of Basic Services and Additional Services with specific not to exceed task orders authorized by City staff. This contract will provide: 1. Basic Services (Authorized) The Basic Services portion of the contract is budgeted at $250,000 for FY2014-2015. 2. Additional Services (Not Authorized) The Additional Services necessary to maintain compliance schedules at the least cost. These additional support services of the contract are anticipated to be $950,000 for FY2014-2015. The Consultant Engineer will not begin work on Additional Services without specific written approval by the City. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: The Project provides for one-year base contract for the services described in Exhibit "A" and allows for optional four-year administrative renewals/extensions beyond the original one-year base contract, subject to availability of funding and satisfactory consultant performance. The Project is intended to be funded with annual appropriations, as needed. The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant Engineer and approving their daily/weekly/monthly hours. The Consultant Engineer is required to submit a detailed and approved man -hourly breakdown accompanying their monthly invoice paper work to the City for payment. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ® Operating ❑ Revenue Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $1,266,000.00 $1,266,000.00 Encumbered / Expended Amount This Item $1,200,000.00 $1,200,000.00 Future Anticipated Expenditures This Project $66,000.00 $66,000.00 BALANCE $0.00 $0.00 Fund(s): Wastewater Operating Comments: This project requires approximately 365 calendar days with anticipated completion December 2015. The contract will result in the expenditure of an amount not to exceed $1,200,000. RECOMMENDATION: City Staff recommends approval of the engineering support services contract with Pipeline Analysis, LLC of Garland, Texas in the amount of $1,200,000 for services to support the wastewater collection and treatment system's performance and compliance requirements. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET Wastewater Staff Program Support FUNDS AVAILABLE: Wastewater Operating $1,266,000 FUNDS REQUIRED: Engineer Fees: Basic Services (Pipeline Analysis, LLC) THIS CONTRACT 250,000 Additional Services (Pipeline Analysis, LLC) THIS CONTRACT 950,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 21,000 Engineering Services (Project Mgmt) 39,000 Misc 6,000 TOTAL $1,266,000 PROJECT BUDGET BALANCE $0 SEDWICK RDS— - ` LEOPARD SH 44 AG NES ST cb RI- CA �L,9y 0CL BEAR LN �����y co Q nvv N Corpus Christi Bay RO w z FM 2444 Gulf Of Mexico Note: City -Wide Project PROJECT # E14038 LOCATION MAP NOT TO SCALE Wastewater Staff Program Support CITY COUNCIL EXHIBIT AN CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS Ilf-- PAGE 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Pipeline Analysis, LLC, a Texas limited liability company, 1115 Main Street, Garland, Dallas County, Texas, 75040, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Staff Program Support (Project No. E14038) - This project will provide the City with the technical support and expertise to move forward with the execution of the review and correction of deficiencies in the wastewater collection system. The support will mainly consist of engineering support related to review of closed-circuit television (CCTV) inspections, preparing program reports and providing a professional engineer stamped recommendation on how to deal with that section of pipe or manhole. This could include support of the City's initiatives related to collection system cleaning, inspection, alternative analysis, remedial measures as well as data management for program reporting. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. Contract for Engineering (A/E) Services Page 1 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E14038 WW STAFF PROGRAM SUPPORT\CONTRACT\CONTRACT.DOC The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed $1,200,000.00 (One Million Two Hundred Thousand Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (A/E) Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E14038 WW STAFF PROGRAM SUPPORT\CONTRACT\CONTRACT.DOC 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the NE without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI Natasha Fudge, P.E., Date Acting Director, Capital Programs RECOMMENDED eratin. Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary PIPELINE ANALYSIS, LLC �,,, 10-28- 14 J. + es Forbes, .E., Date President 1115 Main Street Garland, Texas 75040 (800) 637-0164 Office (972) 479-0659 Fax Project No: E14038 Accounting Unit: 4200-33400-042 Account: 530000 Activity: E14038014200EXP Account Category: 30000 Fund Name: Wastewater Operating Contract for Engineering (A!E) Services Page 3of3 K:IENGINEERING OATAEXCHANGEUENNIFER4WASTEWATERIE14038 WW STAFF PROGRAM SUPPORT4CONTRACTICONTRACT.DOC Exhibit "A" City of Corpus Christi Scope of Professional Services Wastewater Staff Program Support, E14038 In developing scope tasks, the following definitions will be applicable: The Program — The Program is the comprehensive multi-year effort by the City to effectively improve the wastewater collection and treatment system's performance and compliance. The City will be the Program Manager for this effort. The Pipeline Analysis team will support the City, as needed and requested, to set the Program goals and objectives, organizational charts, systems, policies, procedures, standards, etc. for efficient program implementation and will provide staff when areas of need are identified. Other engineering firms, consultants, construction contractors, etc. will be involved in implementing the City's Program. There will be corresponding Program progress reports, staffing plans, Program schedules, etc. that the PA team may help the City produce as support staff. The Project — The Project is the contract with Pipeline Analysis, LLC., which may include multiple years with annual funding and various task authorizations depending on the City's needs. This includes the specific tasks that our team is authorized to perform in support of the City staff. Project management is what we do to manage our work including staffing, coordination of team sub -consultants, QA/QC of our work deliverables, our document management, task scheduling, invoicing, project progress reporting, etc. James H. Forbes, Jr. will serve as Project Manager and W. Logan Burton, P.E. will serve as an Assistant Project Manager. Depending on the specific needs of the City, there may also be a number of assigned Task Managers. Basic Services ($250,000) This section defines the scope for compensation for Basic Services that may be included as part of this contract, but the ENGINEER will not begin work on this section without specific written approval by the Director of Capital Programs. The ENGINEER will, with written authorization by the Director of Capital Programs, do the following Basic Services: EXHIBIT "A" Page 1 of 22 CATEGORY POTENTIAL ELEMENTS OR SERVICES AVAILABLE Basic Services Project Coordination 1 90 Day Action Plan X 2 Project Coordination X 3 QA/QC - Advisory X 4 Project Scheduling X 5 Cost Estimating X Asset Management 6 Information System Assessment X 7 Maximo/GIS Integration X 8 Maximo Custom Programming X 9 Maximo Reporting Templates X 10 Data Management X Permitting and Regulatory 11 TCEQ/EPA Reporting and Documentation X 12 TPDES Permitting X Project Coordination 1. 90 Day Action Plan a. Project Kick-off Meeting - A project kick-off meeting will be conducted by key ENGINEER team members with core City staff who will have the day-to-day responsibility for implementation of the Program and managing the City's wastewater system. The 90 day action plan will be reviewed and adjusted to meet the specific needs of the City. Data and information needs will be identified along with project organization, management and communication plans. b. Stakeholder Interviews - Key stakeholders in the overall regulatory compliance and wastewater management Program will be identified in the Project Kick-off Workshop. Stakeholders may include other City department personnel involved or impacted by the Program. City administration, City elected officials, and others identified by the City. The ENGINEER may conduct individual interviews with available stakeholders in preparation for the Program Goals and Objectives Workshop. The interviews will be used to define the overall Program issues, concerns, strategic goals and objectives from the perspective of each individual stakeholder. c. Program Goals and Objectives Workshop - The ENGINEER may facilitate a workshop to establish the strategic goals and objectives of the overall Program. The workshop will include the core City team and stakeholders identified in the Project Kick-off meeting. The workshop will define the Program success factors and establish the overriding EXHIBIT "A" Page 2 of 22 strategic goals and objectives that set the framework for the Program tactical initiatives which will also be identified at the workshop. Key service levels or measurable performance indicators will be identified at this workshop. Strategic goals and objectives can guide a compliance program through completion. d. Implementation Plan Development - The ENGINEER may assist the City in the development of a comprehensive Management Plan. The Management Plan will establish necessary program functions, systems, policies, and procedures to be implemented, and the protocols by which the City will achieve its strategic goals and objectives over the life of the Program. The Management and Implementation Plan may include the following: i. Program Organization Structure and Staffing ii. Program Facilities and Office iii. Communication Management iv. Document Management v. Contract Management vi. Management Information Systems vii. Cost Management viii. Schedule Management ix. Change Management x. QA/QC Management Plan xi. Risk Management xii. Regulatory and Progress Reporting xiii. Land and Easement Acquisition xiv. Customer Communication and Service xv. Inter -Department and Inter -Agency Coordination xvi. Design Management xvii. Construction Management xviii. ENGINEER Transition Plan e. Data and Information Management Plan (IMP) - The ENGINEER may develop an Information Management Plan (IMP) based on the data and information needs assessment initiated in the Project Kick-off Meeting and the above Maximo, GIS and Other Information System Assessment Task. This plan will define the asset inventory, capacity, management, operation, maintenance and customer service data and information required for effectively managing the City's wastewater system. The IMP will define the sources and owners of the required information and provide recommendations EXHIBIT "A" Page 3 of 22 to add additional data identified in a data gap analysis. The IMP will provide an action plan for hardware, software, data management and business process improvements to effectively manage the large amount of data required for successful completion of the Program. f. Reporting Plan - The ENGINEER may prepare a detailed Reporting Plan that aligns the various sources of data and information identified in the IMP with the specific regulatory monitoring and reporting requirements. This plan will provide the specific business processes and procedures to routinely compile required data and information for compliance reporting. Specific roles and responsibilities for data collection, compilation and reporting will be identified along with routine schedules for data and report deliverables. The CRP will rely heavily on the IMP to maximize the use of Maximo for routine compliance reporting. Compliance report formats and templates will be developed as part of this plan to establish a reliable reporting process at the outset of the Program. 2. Project Coordination ENGINEER may plan and assign proper qualified and experienced personnel to Project activities and provide other required equipment and material resources and maintain availability for proper Program execution. The ENGINEER may coordinate the efforts of consultant and sub -consultant personnel assigned to the Project to maintain budget, schedule, scope, and quality compliance. The ENGINEER may prepare and submit monthly progress/status reports for the Project. Monthly Progress Reports shall include a narrative of activities performed during the subject billing period, an updated schedule, identification of proposed resolution of issues, Project change management log, and a cost estimate to complete the Work. The ENGINEER may assist the City in the assigned tasks in accordance with the Management Plan. Based on the overall Program staffing plan, the ENGINEER may provide staff support requested by the City. In addition to the functions identified throughout this scope of work, the ENGINEER may assist with the following Program functions, of which the following are representative: a. Document Control b. Program Progress Reporting c. Information System Management d. Risk Mitigation e. Cost and Schedule Management f. Design Review g. Construction Inspection h. Quality Management EXHIBIT "A" Page 4 of 22 3. QA/QC Advisory The ENGINEER may assist the City in the development of a Quality Assurance and Quality Control (QA/QC) Plan to check, as a minimum, document management systems compliance, planning methods, design methods, calculations, engineering and design documents, construction documents, cost estimates, field investigations, measurements, and other technical issues associated with Program and Project planning and execution. The QA/QC plan may be designed to be expanded and modified as the Program needs change. 4. Project Scheduling The ENGINEER may assist the City in preparing and maintaining an integrated electronic Program schedule that will include all aspects of the Compliance Program. Periodically update the schedule at all phases of the Program. Schedule shall include critical activity start and/or completion dates as milestones, including monthly progress meetings, proposed engineering design, and all deliverable due dates. 5. Cost Estimating The ENGINEER may assist the City in developing cost estimating guides and standards for Program related field surveys and inspections, design and construction of system rehabilitation and replacement and other related Program elements. The ENGINEER may assist the City in preparing planning and design level construction cost estimates and in the review of cost estimates completed by others. Asset Management 6. Information System Assessment The ENGINEER may conduct an assessment of the City's wastewater system information management systems including Maximo, GIS, Bentley Hydraulic Model, XC2 FOG software and other supporting software in use by the City staff. While the focus of this assessment will be on the reporting requirements, the assessment will also consider improved efficiencies in the long term management of the wastewater system. The information system assessment will include related hardware, software, data management, systems integration, procedures and business practices for wastewater system information management. The results and recommendations of the assessment will be documented in a Technical Memorandum and summarized in the Information Management Plan. 7. Maximo/GIS Integration EXHIBIT "A" Page 5 of 22 City may authorize ENGINEER to perform various tasks associated with the integration of the MAXIMO, GIS and other software systems. Tasks may include evaluation of existing software/hardware and recommending needed improvements, upgrades, programming and support of other software to enhance MAXIMO Spatial reporting requirements. Work tasks may be authorized to provide software upgrades including other city departments, develop links to various databases and other program supporting software, prepare data entry forms, develop mobile applications, update/revise asset numbering system, develop automated reports, custom reports, and programming in support of regulatory compliance. 8. Maximo Custom Programming The City may authorize the ENGINEER to develop custom programming solutions to enhance the data management, reporting functions and integration of the City's Maximo Asset Management System and other wastewater information management systems. 9. Maximo Reporting Templates The City may authorize the ENGINEER to assist in the development of various reporting templates and forms for the data and information stored in the City's Maximo Asset Management Software System. Reporting tools like Business Intelligence Reporting Tool for Maximo may be implemented to provide the required compliance reporting. 10. Data Management The ENGINEER may assist the City in data collection, formatting, compilation, review, analysis, and reporting in accordance with the Program Information Management Plan. The ENGINEER may work with the City to format and input data into the appropriate information management system to support compliance and better manage the overall wastewater system. The ENGINEER may assist the City with routine updates of the data and information needs assessment and data management business processes. The ENGINEER may also assist the City in the acquisition of any additional data identified in data gap analyses and perform routine Quality control of the data in the information management systems. PERMITTING AND REGULATORY 11. TCEQ/EPA Reporting and Documentation The Program will identify a significant number of periodic reporting requirements that must be submitted to the EPA. Likewise, TCEQ reporting requirements already in place within the TPDES permitting framework will continue to be necessary. This Task implements the recommendations of the Reporting Plan to provide the routine required regulatory reports and correspondence to provide: 1) that the required reports are generated and submitted on time; 2) the various required reports are consistent with one another in terms of the information reported; EXHIBIT "A" Page 6 of 22 and, 3) that the resources expended to generate these reports is managed to reduce project costs. Potential elements of this task include: a. Update required monitoring and reporting requirements of the Program and other regulatory reports required by the TCEQ or EPA. Report requirements will be cross- referenced to identify report information needs in one report that may be common to other reports. b. Development of a report schedule for the initial two -years of the Program. c. Development of a tracking system to ensure that required reports are generated on time. This task will support the Regulatory Compliance task, described below. Over time, other tasks may result in the need to modify the reporting schedule, tracking system, or report templates. 12. TPDES Permitting The City already has a schedule of TPDES permitting for the City's six plants, along with an inventory of current major regulatory requirements and issues for each plant. This task may include the following elements: a. An update to the current inventory, taking into account the Program. The update will include an assessment of potential new requirements that may be imposed in the next or subsequent permitting cycle for each plant b. Consideration of potential issues associated with potential regionalization of the City's wastewater system in the next few years c. An assessment of how regionalization might be affected by new water quality standards, new TCEQ or EPA wastewater treatment requirements, and new water quality initiatives outside the typical TPDES permitting arena, such as the Total Maximum Daily Load (TMDL) program. d. Assistance with development of TPDES permit applications and processing applications through the TCEQ, as desired by the City. Over time, the permitting process may impact the requirements for the City for monitoring and reporting under the Program, and therefore, may eventually require modification of the reporting and documentation task described above. EXHIBIT "A" Page 7 of 22 Additional Services (ALLOWANCE $950,000) This section defines the scope for compensation for additional services that may be included as part of this contract, but the ENGINEER will not begin work on this section without specific written approval by the Director of Capital Programs. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Capital Programs as required. The ENGINEER will, with written authorization by the Director of Capital Programs, do the following Additional Services: EXHIBIT "A" Page 8 of 22 CATEGORY POTENTIAL ELEMENTS OR SERVICES AVAILABLE Additional Services Project Coordination 1 Public Relations and Outreach X 2 Presentation Support X 3 CIP/O&M Budget Planning X 4 Procurement/Contracts Management X 5 Program Modifications X 6 Transition Planning and Training X Condition Assessment 7 CCTV/Line Cleaning Support X 8 Line & Manhole Inspections and Assessment X 9 Acoustic Testing X 10 Smoke Testing X 11 PACP Coding/Training X 12 Lift Station Assessment X 13 Force Main/ARV Assessment X 14 Private Lateral Repair Program X 15 1/1 Prioritization and Reduction X Asset Management 16 Software Upgrades X 17 Maximo Data Migration X 18 Mobile Solutions X 19 Information Systems Integration X 20 CMOM Implementation X 21 FOG Program Support X 22 SSORP Program Support X 23 SSO Verfication and Analysis X 24 GIS Mapping and Database Support X 25 Asset Risk Analysis and Prioritization X 26 Funding Strategy Development X 27 Capital Improvement Planning X 28 Long Term Asset Renewal Forecasting X Remedial Measures 29 IDIQ Implementation X 30 Rehab/Replacement Alternatives Analysis X 31 Collection System Rehabilitation/Replacement X 32 Construction Administration/Observation X 33 Construction Scheduling X 34 Odor Control X Permitting and Regulatory 35 Regulatory Compliance X 36 Supplemental Environmental Plan (SEP) Support X 37 Health & Safety X Capacity Assessment 38 Field Verification X 39 Flow and/or Rainfall Monitoring X 40 Pump Performance Tests X 41 Gravity Line Capacity Analyses X 42 Flow Transfer Assessment X 43 SSO Root Cause Analysis X General Engineering 44 Topographic Survey X 45 Subsurface Utility Engineering (SUE) X 46 Planning & Integrated Planning Support X 47 Infrastructure Design - Plans and Specifications X 48 City Standard Specifications and Details X 49 Value Engineering X EXHIBIT "A" Page 9 of 22 PROJECT COORDINATION 1. Public Relations and Outreach The ENGINEER may assist the City in providing information to and to educate the public about Program goals and objectives through various outreach techniques to gather and maintain public support for the Program and for individual projects. The public information program may be designed to make direct contact, and nurture and maintain positive relationships with those individuals who reside, own businesses, work, and attend school in those areas affected by project construction as well as the community as a whole. The ENGINEER may assist the City in the development of presentations, newsletters, press releases and other media materials required for the public information and participation program. 2. Presentation Support The ENGINEER may assist the City in the development of presentation material to communicate Program progress and explain technical and non-technical aspects of the Program to various stakeholder groups. 3. CIP/O&M Budget Planning The ENGINEER may assist the City in preparing annual Compliance Program budgets including capital improvement and operation and maintenance budgets. 4. Procurement/Contracts Management The ENGINEER may assist the City in the evaluation of various project delivery alternatives for wastewater system improvements, preparing procurement documents for field services, planning, design, and construction projects associated with the Program. 5. Program Modifications The ENGINEER may assist the City in identifying changes in the work to be completed under the Program to reduce costs and improve the program effectiveness. The ENGINEER may assist in preparing the necessary documentation in support of regulatory reporting requirements and assist when potential program modifications are requested. 6. Transition Plan and Training The ENGINEER may provide temporary staff support requested by the City to initiate a variety of regulatory functions. Short term Program assignments may be completed by the ENGINEER and delivered to the City. Longer term assignments may be initiated with ENGINEER staff support and transition to City Staff. The ENGINEER may develop a transition plan and provide required training to transition Program functions to City staff. EXHIBIT "A" Page 10 of 22 CONDITION ASSESSMENT 7. CCTV/Line Cleaning Support Perform CCTV as required to inspect designated pipelines and provide data in PACP format for each pipeline inspected. Scope of work may only require delivery of PACP CCTV digital data and may also include analysis of the collected data to determine cause of obstructions, condition assessment of pipeline, establish preliminary repair methods and estimated costs. Cleaning may be requested to facilitate CCTV inspection, debris removal, or to facilitate the annual cleaning goals and schedules established by the City. 8. Line and Manhole Inspections and Assessment City may authorize the inspection of each line entering and exiting the manhole. Normally performed in conjunction with manhole inspection, data on each pipe rim to invert distance, size, material, condition, photograph, observed defects, etc. is obtained and documented. City may authorize analysis of this data to establish prioritized remedial measures necessary to restore integrity along with estimated costs. Manhole inspections may be authorized to establish the existing condition and remedial measures necessary to prioritize and rehabilitate these assets. Inspection personnel will use digital cameras during the inspection of all manholes. All photographs will be included in the field inspection database so that a permanent electronic record can be maintained. During the preliminary and final data analysis, these photographs will provide detailed backup information on site conditions, observed defects and condition of the asset to assist in preparing recommended remedial action and estimated costs. The City may authorize the delivery of the manhole inspection data with or without analysis. 9. Acoustic Testing The City may authorize acoustic testing to prioritize sewer line segments for subsequent cleaning or inspections. 10. Smoke Testing Smoke Testing may be authorized to locate both public and private sector defects contributing to wet weather inflow, trace sewer connections or identify illicit connections with the storm sewer system. Smoke testing will normally include public notification using door hangers and coordination with fire and other city departments. Documentation of the tests will include digital database, photographs and defect location sketches. City may authorize analysis of collected data to include prioritized remedial measures and estimated costs. EXHIBIT "A" Page 11 of 22 11. PACP Coding/Training City may authorize QA/QC of CCTV data including review of PACP codes and/or coding of defects to meet PACP standards. ENGINEER may be authorized to provide PACP training and certification. 12. Lift Station Assessment The City may authorize the ENGINEER to perform a condition and/or capacity assessment(s) of designated lift stations. The assessment may require specialized staff to evaluate and prioritize structural, electrical, mechanical, instrumentation, site conditions, hydraulics, pump performance, O&M history, SOPs, flow monitoring, etc. and recommend remedial measures to address observed deficiencies and estimated costs. 13. Force Main/ARV Assessment The City may authorize the ENGINEER to undertake an assessment of the lift station force main(s) and ARV. The assessment would include the walking of force mains and documenting observed depressions, wet soils, leaks, map location of ARV's, ARV condition, prioritized remedial measures and estimated costs. 14. Private Lateral Repair Program City may authorize the ENGINEER to recommend a private lateral repair program and/or assist in the implementation of the private lateral repair program that may include code compliance review/recommendations, development of documentation to track repairs and property owner notifications, determine priority and cost of repairs, provide site specific coordination with private property owners and coordinate with other city departments to ensure proper repairs have been completed. City may authorize the ENGINEER to perform specific repairs in conjunction with smoke testing to facilitate early repairs and reduce program costs. 15. 1/1 Prioritization and Reduction City may authorize ENGINEER to prioritize areas of the city for 1/1 reduction efforts and develop documentation to establish the baseline 1/1 and subsequent percentage reduction in 1/1 following remedial measures. This scope may include analysis of flow data or installing flow meters to obtain detailed flow data for 1/1 prioritization. Analysis may include evaluating the cost effectiveness of transport treatment options, flow equalization, 1/1 reduction, etc. EXHIBIT "A" Page 12 of 22 ASSET MANAGEMENT 16. Software Upgrades Based on the recommendations in the Information Management Plan for the Program, the City may authorize the ENGINEER to assist with the procurement, installation, implementation and training for software upgrades and additions to maintain compliance and improve overall wastewater system management. 17. Maximo Data Migration Wastewater system data may be developed through any number of different source and information management systems. The City may authorize the ENGINEER to migrate system inventory, performance, compliance, condition, risk, operations and maintenance data from different software systems into the City's Maximo Asset Management System. 18. Mobile Solutions The City may authorize the ENGINEER to assist with the implementation and enhancement of mobile technology devices and the migration of data from the mobile field devices into the City's Maximo Asset Management System. This effort may include the development of custom data input templates for mobile devices and intranet or Web based solutions for data migration. 19. Information Systems Integration ENGINEER may be authorized to facilitate integration of various software programs or databases from or to GIS and/or Maximo. Such integration may include linking data from other software, such as Bentley, XC2, CityWorks, etc., for use in generating standardized reports for internal or regulatory compliance. Wastewater system asset inventory, performance, compliance condition assessment, risk assessment, operations, and maintenance, rehabilitation and improvement data may be located in a number of different information management systems. The City may authorize the ENGINEER to develop protocols, common asset identification system, software and hardware to integrate various wastewater information management systems within the City's overall information Technology framework. 20. CMOM Implementation ENGINEER may be authorized to assist the City in the implementation of CMOM provisions. Tasks may include development of databases to track required progress, programing support to generate required reporting metrics, software/hardware upgrades, estimating least cost alternatives, training, SOP development and updating narrative sections of the CMOM Plan. EXHIBIT "A" Page 13 of 22 21. FOG Program Support ENGINEER may be authorized to assist the City in the support and/or implementation of the FOG requirements that may include FOG Manual updates, software integration for monitoring and compliance reporting, software/hardware upgrades, inspection staff support, SOP development, training, cost estimating, public relations programs, program evaluation/recommendations. 22. SSORP Program Support ENGINEER may be authorized to assist the City in support and/or implementation of the SSO Response Plan and/or Lift Station Overflow Response Plan requirements. Task may include SSORP Manual updates, development of SOPs, software/hardware upgrades, SSO root cause analysis, CCTV in support of the SSORP, data analysis, training, cost estimating, software integration for monitoring and compliance reporting, Lift Station Overflow Response Plan (LSORP) support and implementation assistance. 23. SSO Verification and Analysis ENGINEER may be authorized to perform inspections and analysis to verify occurrences of SSOs, establish the probable cause, repair method and estimated costs. Task may also include preparation of SOPs, staff training, software/hardware upgrades, software integration for monitoring and compliance reporting, and support in minimizing SSO occurrences. 24. GIS Mapping and Database Support The City has invested in an enterprise GIS architecture capable of addressing the spatial and asset management needs for all municipal government services. ENGINEER may aid the City in pursuing a complete, new inventory of their utility infrastructure to be used within the City's GIS for asset management, modeling, and other functions. ENGINEER may provide updated survey data of existing utilities in GIS format, digitization of project record drawings, updating of the geodatabases based on rehabilitation/replacement associated with this Project, assist in the development of a GIS management/update plan, etc. ENGINEER may be tasked with evaluation of spatial data for identifying critical infrastructure and problem areas which can be used for prioritizing needs or to aid in reporting Program compliance. Exhibits may be created for public meetings or for communication with City Council or City management. 25. Asset Risk Analysis and Prioritization The ENGINEER may assist the City in a comprehensive risk of failure analysis and prioritization of its wastewater system assets. This analysis builds on the City's CMOM and condition assessment program to develop Likelihood of Failure, Consequence of Failure, and Risk of Failure analysis and rankings for all wastewater system assets. This analysis can be developed EXHIBIT "A" Page 14 of 22 for pipe, lift stations and treatment facility assets. Using a common scoring approach, the risk results can be compared for assets in different asset groups. This analysis results in a quantitative risk score and ranking for all wastewater assets as the basis for determining the priority and funding requirements for system improvements. 26. Funding Strategy Development The ENGINEER may assist the City in assessing the funding requirements associated with compliance and the associated capital improvement program. The ENGINEER may assist the City in evaluating funding options for near term capital improvements and the long term system rehabilitation needs. 27. Capital Improvement Planning The ENGINEER may assist the City in prioritizing wastewater system improvements consistent with the requirements of the Program. Wastewater system improvements and rehabilitation needs will be organized into capital improvement projects and programmed into the City's Capital Improvement Program (CIP). The City's IDIQ contract program may be utilized to complete applicable system rehabilitation projects. The ENGINEER may assist the City in capital improvement planning and ongoing CIP progress reporting. 28. Long Term Asset Renewal Forecasting The ENGINEER may assist the City in developing a long-term sustainability forecasts for wastewater system assets. The long term sustainability forecast is designed to predict the level of asset repair, rehabilitation or replacement required to maintain the City's standards of customer service and system performance over the coming decades. The long-term sustainability analysis looks at broad categories of assets or cohorts that have similar useful lives and degradation profiles. REMEDIAL MEASURES 29. IDIQ Implementation The City may authorize ENGINEER to provide guidance and technical data in support of the existing and any future IDIQ contracts (by others). Data prepared by the ENGINEER may be used to initiate remedial measures activities under the IDIQ contract(s). This scope of work may require coordination with the IDIQ engineers and preparation of supporting maps, databases, preliminary remedial measures and cost estimates. 30. Rehab/Replacement Alternatives Analysis Remedial measures analysis may be authorized to provide engineering evaluation of system deficiencies identified during condition assessment and capacity assessment activities. Defects identified or suspected during manhole inspection, smoke -testing, CCTV, FOG, etc. may be EXHIBIT "A" Page 15 of 22 authorized for further analysis to establish the least cost remedial measure for each asset or additional investigations to establish best repair strategy. 31. Collection System Rehabilitation or Replacement City may authorize ENGINEER to evaluate mainline sewer rehabilitation alternatives including pipe bursting and cured in place pipe (CIPP) lining. Data from the condition assessment and/or capacity assessment work tasks may be used for preparing detailed remedial measures plans establishing the suitability for pipe bursting and/or CIPP lining of sewers. Provide staff support in contracting rehabilitation efforts including preparation of maps, plans, specifications, attribute database update and inspection if requested. Open cut alternatives may be authorized for detailed analysis to prepare engineering report(s), for use in preparing design plans, development of specifications, attribute database update and construction inspection if requested. ENGINEER may be authorized to analyze data collected during manhole inspection and prepare remedial measures plan for manhole rehabilitation. Task may include evaluation of manhole defects, develop prioritized listing of repairs, prepare database of recommended repairs, prepare design plans, maps and specifications for contractor use, construction inspection and asset attribute database update. 32. Construction Administration/Observation The ENGINEER may provide Construction Administrative and Observation services to assist the City in confirming that construction of a project is carried out in accordance with the requirements of the Contract Documents and the requirements of the City and regulatory agencies, within the project schedule, and with a minimum of disruption to ongoing activities. ENGINEER will consult with and advise the City and act as its representative during construction. The construction services effort will have the goal of facilitating the construction to enable the Work to progress in an efficient and cost-effective manner, while maintaining operations. ENGINEER will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) (except as otherwise specified in the Contract Documents) or the safety precautions and programs incident to the Work of the Contractor(s). ENGINEER may also provide a presence on the site through scheduled coordination meetings and inspections to provide quality control and monitoring for conformance with the design intent. 33. Construction Scheduling ENGINEER may be authorized to assist staff in scheduling the timing of various construction projects to comply with the Program requirements and funding limitations. EXHIBIT "A" Page 16 of 22 34. Odor Control ENGINEER may be authorized to analyze odor issues associated with the wastewater system and VVVVTP and prepare report(s) with alternatives analysis, recommendations and estimated implementation costs. PERMITTING AND REGULATORY 35. Regulatory Compliance One critical outcome of monitoring and reporting may be the need to respond to new SSOs and other potential non-compliance events. Using the inventory of required monitoring and reporting requirements, a protocol for evaluating non-compliance may be developed under this task. Such evaluation may include a repeat-SSO analysis and risk assessment to determine the likelihood of continued failure and appropriate response mechanisms. The ENGINEER would assist the City with meetings and communications with the EPA and TCEQ on the progress of the Program and other regulatory compliance issues. This task may also include assessment of responses to non- compliance and identification of areas of improvement, as needed. This tool is designed to assist the City with demonstrating that not only are improvements to the management of SSOs being accomplished, but a methodology for continuous improvement to the response mechanism is in place. 36. Supplemental Environmental Plan (SEP) Support Supplemental Environmental Projects (SEPs) are an important aspect of the Program because they both demonstrate the City's willingness to expend resources to solve problems and they help keep the benefit of the expenditure in the City. This task will identify those potential SEPs currently under consideration by City that might be implemented by the City and assist with planning for how to implement them when it is necessary to do so. This task includes the following elements: a. Identify and categorize potential SEPs that the City might implement at an appropriate point in the future. Categorization of SEPs may include cost, areas of benefit to the City, implementation schedules and impact on reducing SSOs. b. Prioritize potential or agreed SEP and develop implementation plan for the first two or three years, so that the City can quickly authorize early SEP implementation. The development of SEPs, and their implementation, may eventually require modification of the reporting and documentation task described above. EXHIBIT "A" Page 17 of 22 37. Health and Safety City may authorize ENGINEER to assist in preparation of updated health and safety manuals, SOPs, training and support for the health and safety of City staff, residents and contractors. CAPACITY ASSESSMENT 38. Field Verification ENGINEER may be authorized to perform field verification to confirm site conditions, elevations, defect location(s), map update, sizes, materials, lengths, dimensions, etc. to confirm critical data. Field verification of potential capacity constraints may be authorized and may include installation of flow meters, rain gages, level measurements, etc. to collect data for hydraulic model input, analysis and report. 39. Flow and/or Rainfall Monitoring ENGINEER may be authorized to install, operate and maintain temporary and/or permanent flow and/or rainfall monitors at key locations within the City. Task may include analysis of data and preparing report(s) on findings and recommendations. ENGINEER may be authorized to assist in preparing a permanent flow/rainfall meter network plan with recommendations for meter site locations, equipment, estimated costs and staff training. 40. Pump Performance Testing ENGINEER may be authorized to perform pump performance tests to determine the performance of each pump and combination of pumps and prepare a report(s) on findings that may include comparison with design operating points, recommendations and estimated cost of improvements. Analysis may be authorized to include force main C factor tests, flow tests, operating pressures, valve O&M, etc. necessary to evaluate lift station pumps. 41. Gravity Line Capacity Analyses ENGINEER may be authorized to perform various levels of capacity analysis depending on subsequent use and level of accuracy requested by the City. Depending on the level of accuracy required, ENGINEER may use the existing hydraulic model, perform site flow monitoring to gather specific flows or perform simple calculations based on existing system data to determine existing and future capacity. ENGINEER may prepare a report(s) describing the methodology and assumptions used in preparing the capacity analysis. 42. Flow Transfer Assessment ENGINEER may be authorized to evaluate flow diversions within service areas or flow transfers from one service area to another and report on findings, recommendations and estimated costs if requested. EXHIBIT "A" Page 18 of 22 43. SSO Root Cause Analysis ENGINEER may be authorized to gather data to establish the root cause for SSOs. Such analysis may include performing CCTV or reviewing cleaning and CCTV data, determining if structural deficiencies, grease, debris, are contributing to the SSO, elevation survey, confirmation of pipe sizes, slopes, etc. and prepare report(s) identifying the probable cause with recommendations and estimated costs if requested. GENERAL ENGINEERING 44. Topographic Survey ENGINEER may be tasked with providing topographic survey services to determine location and/or elevation data of various City infrastructure or property. ENGINEER will provide field surveys, as required, including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 45. Subsurface Utility Engineering (SUE) The ENGINEER may perform engineering services which will result in accurately identifying the location of subsurface utilities that have a high potential for conflicts with the proposed improvements, and for acquiring and managing that level of information during the development of the project. These services shall conform to standards and guidelines as described in FHWA and ASCE Subsurface Utility Engineering publications. The final work shall be completed such that all known utilities with potential conflicts are graphically depicted in both a digital and hard copy/plan sheet format. For the purpose of this agreement, "locate" means to obtain precise horizontal and vertical position of the utility line by excavating a test hole. The test holes shall be done using vacuum excavation or comparable nondestructive equipment in a manner as to cause no damage to the utility line. After excavating a test hole, the A/E shall perform a field survey to determine the exact location and position of the utility line. This work is considered quality level A. EXHIBIT "A" Page 19 of 22 46. Planning & Integrated Planning Support The City is considering how best to incorporate the principals of Integrated Planning into the Program. This task assumes that at least some elements of integrated planning may be developed by the City for compliance. The task may include a review of the City's permitting requirements and management program in order to identify potential integration issues with the Program. 47. Infrastructure Design — Plans & Specifications ENGINEER may study, verify, and implement recommendations including construction sequencing, connections to the existing facilities, and restoration of property and incorporate these recommendations into a set of construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. Prepare a set of the construction bid and contract documents (electronic and full-size hard copies using City Standards as applicable), including contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for bid, the size and character of the entire project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. 48. City Standard Specifications and Details The City is currently developing City Standard Specifications and Details. ENGINEER may support City staff by providing review of documents prepared by others and/or recommendations for modifications to the DRAFT documents. One goal may be to ensure all specifications and details conform to the various agency requirements and that they provide the guidance necessary for long-term compliance. 49. Value Engineering ENGINEER may be tasked with studying a project's functional relationships and cost of the project elements, identify and evaluate potential alternative concepts, and develop conceptual - level cost estimates for the "best-fevv' alternatives considered worthy of consideration for project value improvement. It is expected that the City's focus on sustainability will be reflected in the team's recommendations. ENGINEER may recommend value engineering options (alternative design, construction methods, procurement, etc.) that may improve efficiency, expedite the schedule, or reduce project costs for the City. EXHIBIT "A" Page 20 of 22 Provided by the City To be Provided by City — The City Staff will: A. Provide access to various City staff for interviews and/or coordination associated with various Task Authorizations. B. Furnish copies or provide access to pertinent records and documents, etc. associated with the various Task Authorizations. Project Schedule The Project provides for one (1) year base contract for the services described in Exhibit A and allows for optional 4 -year renewals/extensions beyond the original 1 -year base contract, as needed and authorized by the City of Corpus Christi. The Project is intended to be funded with annual appropriations, as needed. The Project schedule is completely dependent upon the needs and requests of City of Corpus Christi Staff in support of Program compliance. Fees ACTIVITY DATE Anticipated Notice To Proceed December 30, 2014 90 Day Action Plan March 30, 2015 Task Authorizations TBD A. Fee for Basic and Additional Services. This is a Time and Materials Contract with budget caps $250,000 for Basic Services and $950,000 for Additional Services, respectively, in FY 2014-2015. For services authorized by the Director of Capital Programs under "Basic and Additional Services" the City will pay the ENGINEER a not -to -exceed fee per the negotiated cost for those services requested. The negotiated fees will be based on the agreed to hourly rates provided in ATTACHMENT 1. Negotiated fees will be authorized through multiple task order authorizations detailing the scope of work, schedule of work and the negotiated fee. B. Monthly Invoice The monthly invoiced payment to the Engineer is based on actual working hours and associated expenses as well as the hourly rates. The City's Project Manager from the Operating Department is responsible for assigning tasks to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man -hourly breakdown accompanying with monthly invoice paper work to the Capital Programs for payment. EXHIBIT "A" Page 21 of 22 SCHEDULE OF HOURLY RATES BY PERSONNEL CLASSIFICATION EFFECTIVE JANUARY 1, 2014 NOTES: 1. Above rates are for work performed on an hourly basis and include overhead and profit. 2. During the term of this agreement, rates may be adjusted by up to 4% annually at the beginning of each calendar year based on published and acceptable indices. 3. All work will be authorized through multiple task orders, as required. ATTACHMENT 1 Exhibit "A" Page 22 of 22 2014 HOURLY RATES s Classification Pipeline Analysis, LLC. LNV, Inc. CRG, LP. APAI Garza Bury Starboard Cons. Engineering/Planning/Professional Principal/VP $168 $185 $185 $250 $200 $250 Senior Project Manager, PE $168 $170 $170 $218 5185 5225 Project Manager, PE $145 5155 $155 $170 5175 5210 MAXIMO Function/Train/OA Lead- - - - $200 MAXIMO Technical Lead- - - - $175 MAXIMO Application Developer- - - - - $160 MAXIMO Support Specialist - - - - - $100 Senior Engineer, PE $145 5145 $145 5145 5145 - Project Engineer, PE $125 $125 $125 $130 $130 Engineer IV, EIT- $115 $115 $115 $110 Engineer III, EIT - $105 $105 $115 5110 Engineer II, EiT - $100 $100 5115 $110 - Engineer i, EIT- $90 $90 5115 $110 - Senior CADD/Survey/GIS Tech - $85 $85 $115 $100 CADD/GIS Technician $70 $75 $75 $90 $90 - Technician $44 - - - - - Construction Mgmt/Inspection Construction Superintendent - $100 5100 - $120 - Construction Obs II- $85 $85 - $90 - Construction Obs I- $75 $75 - 590 - Field Operations Field Operations Manager $133 - - - Superviser/Crew Leader $55 - - - - - CCTV Operator 558 - - - - - CCTV Technician 544 - - - - Survey/Field Operations RPLS- $145 $145 - 5160 - 5uperviser/Crew Leader- $85 $85 - $90 - 2 -Man Field Crew$170 $170 - 5170 - 3 -Man Field Crew - $210 $210 - $210 - General/Clerical Clerical $55 $60 560 $72 $70 - Senior Admin Staff - - - $102 - - Expenses Overtime 150% 150% 150% - 150% - Mileage ($/mile) $036 - $0.65 - - - Per Diem ($/day) $25 - 530 - - - Expense Multiplier 1.10 1.10 1.10 1.10 1.10 1.10 NOTES: 1. Above rates are for work performed on an hourly basis and include overhead and profit. 2. During the term of this agreement, rates may be adjusted by up to 4% annually at the beginning of each calendar year based on published and acceptable indices. 3. All work will be authorized through multiple task orders, as required. ATTACHMENT 1 Exhibit "A" Page 22 of 22 EXHIBIT "B" INSURANCE AND INDEMNIFICATION REQUIREMENTS I. CONSULTANT'S LIABILITY INSURANCE A. Consultant shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Consultant shall furnish to the Risk Manager and Director of Capital Projects, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. Note: Consultant shall include Project name and Project # in the Description box of the Certificate of Liability Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required for non- renewal or reduction in coverage or limits. Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Consultants 7. Personal and Advertising Injury 8. Independent Contractors 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROFESSIONAL LIABILITY (Errors & Omissions) $1,000,000 Per Claim $2,000,000 Aggregate. If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured. EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this project, Consultant shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or reduction in coverages or limits, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall EXHIBIT "B" Page 2 of 3 have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1.000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 1196 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 2396 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION vy.rr► Corpus of hti EXHIBIT "B-1" CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17.112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Pipeline Analysis LLC P.O.BOX: STREET ADDRESS: 1115 Main Street FIRM IS: I. Corporation 4. Association CITY: Garland ZIP: 75040 2 Partnership 3. Sole Owner 5, Other X Limited Lia ility Company DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1, State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) None 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 4. State the narnes of each employee or officer of a "consultant" for the City of Co us Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James H. Forbes, Jr., P.E. Title: President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 7-(8_ l j a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr sti Capital Programs Wastewater Staff Program Support Council Presentation December 9, 2014 Project Scope CAP Corpus Chr'sti Capital Programs 2 Project Schedule Corpus Chr'sti Capital Programs 2015 Jan Fe b Mar Apr May Jun Jul kkug Sep Oct Nov Dec Contract Services Projected Schedule reflects City Council award in December 2014. The contract reflects a one year base term with optional four year extensions, to be administratively executed. Project Budget Corpus Chr'sti Capital Programs FUNDS AVAILABLE: Wastewater Operating........................................................................... $1,266,000 FUNDS REQUIRED: Engineer Fees: Basic Services (Pipeline Analysis, LLC) THIS CONTRACT. Additional Services (Pipeline Analysis, LLC) THIS CONTRACT...................... Reimbursements: 250,000 950,000 Administration/Finance (Capital Programs/Capital Budget/Finance)................. 21,000 Engineering Services (Project Mgmt)........................................................ 39,000 Misc 6,000 TOTAL $1,266,000 PROJECT BUDGET BALANCE $0 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: October 23, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Design Contract Allison Wastewater Treatment Plant Lift Station and Plant Improvements CAPTION: Motion authorizing the City Manager or designee to execute an engineering design contract with Urban Engineering of Corpus Christi, Texas in the amount of $244,020 for the Allison Wastewater Treatment Plant Lift Station and Plant Improvements for design, bid, and construction administration phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute the Urban Engineering contract for the Allison Wastewater Treatment Plant Lift Station and Plant Improvements. BACKGROUND AND FINDINGS: This project provides for the design and construction of lift station pumps and piping replacement, new electrical control room, new emergency generator, disinfection equipment replacement, clarifier telescopic valve replacement, new dewatering drain line, east aeration discharge piping modifications, and pre- and post -thickener scum baffle replacement. The rehabilitation and improvements under this contract address immediate deficiencies to extend the life of the plant, ensure reliability, and provide back-up power supply. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected through Request for Qualifications (RFQ) No. 2012-03. This project was programmed in the Capital Improvement Program (CIP) FY 2012-2013 but removed from the CIP FY 2013-2014 due to program priorities. The project is in CIP FY 2014-2015. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $3,900,000.00 $3,900,000.00 Encumbered / Expended Amount This Item $244,020.00 $244,020.00 Future Anticipated Expenditures This Project $2,909,100.00 $2,909,100.00 BALANCE $746,880.00 $746,880.00 Fund(s): Wastewater CIP #17 Comments: This project requires approximately 690 calendar days with anticipated completion November 2016. The contract will result in the expenditure of an amount not to exceed $244,020. RECOMMENDATION: City Staff recommends approval of the engineering design contract with Urban Engineering of Corpus Christi, Texas in the amount of $244,020 for the Allison Wastewater Treatment Plant Lift Station and Plant Improvements for design, bid, and construction administration phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET ALLISION WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS FUNDS AVAILABLE: Wastewater CIP $3,900,000 FUNDS REQUIRED: Construction Estimate with contingency $2,499,600 Engineer Fees: Design Engineer (Urban Engineering) $244,020 Other Services (Testing, Survey, Laboratory) (Estimate) $78,000 Construction Observation Services (Estimate) $117,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) $68,250 Engineering Services (Project Mgmt/Constr Mgmt/Land Acq Svcs) $126,750 Misc $19,500 TOTAL $3,153,120 PROJECT BUDGET BALANCE $746,880 PLANT LIFT STATION IMPROVEMENTS TELESCOPING VALVE REPLACEMENT REPLACEMENT SCUM BAFFLES Project Location PROJECT # E10043 LOCATION MAP NOT TO SCALE Allison Wastewater Treatment Plant Lift Station and Plant Improvements CITY COUNCIL EXHIBIT 401 CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS Ilf-- PAGE 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Urban Engineering, a Texas corporation, 2725 Swantner Drive, Corpus Christi, Nueces County, Texas 78404, (Architect/Engineer — A/E), hereby agree as follows: 1. SCOPE OF PROJECT Allison Wastewater Treatment Plant Lift Station and Plant Improvements (Project No. E10043) - The project provides for the design and construction of lift station pumps and piping replacement, new electrical control room, new emergency generator, disinfection equipment replacement, clarifier telescopic valve replacement, new dewatering drain line, east aeration discharge piping modifications, and pre- and post -thickener scum baffle replacement. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform professional services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the A/E and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this Contract for Engineering (A/E) Services Page 1 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER1WASTEWATER\E10043 ALLISON WWTP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\CONTRACT.DOC contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a revised fee not to exceed $244,020.00 (Two Hundred Forty -Four Thousand Twenty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the A/E may use standard details that are not specific to this Contract for Engineering (A/E) Services Page 2 of 3 K:\ENGINEERING DATAEXCHANGE\JENNIFER1WASTEWATER\E10043 ALLISON WWTP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\CONTRACT.DOC project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST NE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI URBAN ENGINEERING Natasha Fudge, P.E., Date James L. Urban, P.E., Date Acting Director, Capital Programs Principal 2725 Swantner Drive Corpus Christi, Texas 78404 RECOMMENDED (361) 854-3101 Office (361) 854-6001 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E10043 Fund Source No: 550950-4252-00000-E10043 Fund Name: Wastewater 2013 CIP Encumbrance No: Contract for Engineering (A!E) Services Page 3 of 3 K:IENGINEERING DATAEXCHANGEUENNIFERIWASTEWATERIE10043 AWSON WWTP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENTICONTRACTICONTRACT.DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS PROJECT NO. E10043 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. d) Coordinate with the City's Project Manager and identify operating departments potential project needs. e) Prepare preliminary opinions of probable construction costs for the recommended improvements. f) Prepare an Engineering Letter Report (20 — 25 page main -body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. 4. Provide anticipated index of drawings and specifications. g) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. h) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. i) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). EXHIBIT "A" Page 1 of 6 Revised November 26, 2013 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E1 0043 ALLISON WWVP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\EXHIBIT A REVISED SCHEDULE.DOCX d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Desiqn Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the wastewater treatment plant. Include standard City of Corpus Christi detail sheets as appropriate. b) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". c) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. d) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. e) Provide one (1) set of the pre -final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. f) Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non -responding participants as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Executive Director of Public Works, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. EXHIBIT "A" Page 2 of 6 Revised November 26, 2013 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E1 0043 ALLISON WWVP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\EXHIBIT A REVISED SCHEDULE.DOCX i) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City - provided review comments or provided submittals in accordance with City standards.. j) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Capital Programs' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. e) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. f) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Capital Programs in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. g) Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c) Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. EXHIBIT "A" Page 3 of 6 Revised November 26, 2013 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E1 0043 ALLISON WWVP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\EXHIBIT A REVISED SCHEDULE.DOCX d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. A/E may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The A/E shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Construction Observation Services. To Be Determined. EXHIBIT "A" Page 4of6 Revised November 26, 2013 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E1 0043 ALLISON WWVP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\EXHIBIT A REVISED SCHEDULE.DOCX 2. Start-up Services. Provide on-site services and verification for all start-up procedures during actual startup of major Project components (pumps, emergency generator, switchgear, motor control centers), systems, and related appurtenances if needed and required. 3. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity NTP 5 Weeks from NTP Draft ELR Submittal 8 Weeks from NTP City Review 10 Weeks from NTP Final ELR Submittal 18 Weeks from NTP 60% Submittal 21 Weeks from NTP City Review 29 Weeks from NTP 90% Design Submittal 32 Weeks from NTP City Review 34 Weeks from NTP 100% Final Submittal 37 Weeks from NTP Advertise for Bids 38 Weeks from NTP Pre -Bid Conference 41 Weeks from NTP Receive Bids 48 Weeks from NTP Contract Award Construction NTP 340 calendar days from Construction NTP Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E's estimate (and with EXHIBIT "A" Page 5 of 6 Revised November 26, 2013 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E10043ALLISON WWVP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\EXHIBIT A REVISED SCHEDULE2.DOCX City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services," the City will pay the A/E a not -to -exceed fee as per the table below: Summary of Fees Fee for Basic Services 1. Preliminary Phase $35,000 2. Design Phase $150,000 3. Bid Phase $8,600 4. Construction Phase $38,300 Subtotal Basic Services Fees 231,900 Fee for Additional Services (Allowance) 1. Permit Preparation (as applicable) 0 2. ROW Acquisition Survey 0 3. Topographic Survey\Field Investigation 0 4. Construction Observation Services 0 6. Start-up Services 8,000 7. Warranty Phase 4,120 Sub -Total Additional Services 12,120 Total Authorized Fee $244,020 *Additional Services which are requested to be authorized in coordination with the notice to proceed for Basic Services. EXHIBIT "A" Page 6 of 6 Revised November 26, 2013 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E1 0043 ALLISON WWVP INFLUENT LIFT STATION EQUIPMENT & ELEC REPLACEMENT\CONTRACT\EXHIBIT A REVISED SCHEDULE.DOCX EXHIBIT "A-1" TASK LIST CITY OF CORPUS CHRISTI, TEXAS (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A") ALLISON WASTEWATER TREATMENT PLANT LIFT STATION AND PLANT IMPROVEMENTS PROJECT NO. E10043 1 Meet with City staff to identify project goals, timetables, and review existing project issues, for project implementation. 2. Develop an inventory of existing conditions and perform the required field investigations to define specific areas of concern. 3. Attend and participate in planning meetings (2 meetings) with City staff to discuss planning and conceptual design. Gather information and perform close coordination with Utilities Department staff. 4. Prepare evaluation with detailed scope of issues to be addressed and preliminary estimate of probable construction costs and make recommendation/review with City staff. 5. Develop design plans to the City's format and specification documents incorporating all issues with relevant solutions and identifying to the best of the Engineer's knowledge all potential conflicts and offer solutions. 6. Provide project control and quality review of senior staff to ensure project quality and completeness. 7 Develop project cost estimate, provide all submittals to the City and meet with staff to review draft submittals and final plans and make City requested amendments. 8. Prepare addenda, attend bid opening, review bids and provide recommendation to City. 9. Attend pre -construction meeting, review contract documents and respond to Contractor's questions. 10. Provide project administration services during construction (periodic visits to the project site) to insure compliance of Contractor with plans and specifications and, upon completion, make final inspections as well as an inspection after one year of completion for project warranty requirement. 11. Provide monthly status reports of progress to the City. EXHIBIT "A-1" Page 1 of 1 EXHIBIT "B" MANDATORY INSURANCE REQUIREMENTS & INDEMNIFICATION FOR A/E PROFESSIONAL SERVICES/CONSULTANT SERVICES (Revised October 2010) A. Consultant must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverages by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Written Notice of Cancellation, non -renewal or material change required on all certificates Bodily Injury & Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY to included 1. Owned vehicles 2.. Hired — Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided shall cover all employees, officers, directors and agents 1. Errors and Omissions $1,000,000 per claim / $2,000,000 aggregate (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Which Complies with the Texas Workers Compensation Act 500,000/500,000/500,000 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind, Consultant must furnish the Risk Manager with copies of all reports within (10) ten days of accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Successful Consultant's right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 Fax: (361) 826-4555 G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: i. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; ii. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; iii. Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and iv. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. EXHIBIT "B" Page 2 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx H. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Successful Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. I. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. INDEMNIFICATION AND HOLD HARMLESS Consultant shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the negligent performance of Consultant's services covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. EXHIBIT "B" Page 3 of 3 K:\Engineering DataExchange\JENNIFER\FORMS\Exhibit B for Large - Insurance & Indemnification.docx Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1.000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 1196 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 2396 �SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of Corpus Chnsti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: URBAN ENGINEERING P. O. BOX: N/A STREET ADDRESS: 2725 SWANTNER DR. FIRM IS: 1. Corporation 4. Association e CORPUS CITY: CHRISTI ZIP: 78404 2. Partnership ✓ 3. Sole Owner ❑ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title WA(AC 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: �..,� LII'4yTitle: T3?JCfrilet- (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. ce Corpus Chrrsti Capital Programs Allison Wastewater Treatment Plant Lift Station and Plant Improvements Council Presentation December 9, 2014 Project Scope 1 at" Corpus Chr'sti Capital Programs PLANT LIFT STATION IMPROVEMENTS REPLACEMENT SCUM BAFFLES Project Location PROJECT #: E10043 Project Schedule Corpus Chr'sti Capital Programs 2014 2015 2016 Dec Jan Feb Mar Apr May Jun Jul Design Aug Sep Oct Nov Bid & Award Dec Jan Feb Mar Apr May Jun Jul Aug Sep Nov Construction Project Estimate: 690 Calendar Days N 23 Months Projected Schedule reflects City Council award in December 2014 with anticipated construction completion in November 2016. Reimbursements.................................................................................... $214,500 TOTAL $3,153,120 Project Budget Corpus Chr'sti Capital Programs FUNDS AVAILABLE: WastewaterCIP ................................................................ FUNDS REQUIRED: Construction Estimate with contingency........................................................ Engineer Fees: Design Engineer (Urban Engineering).......................................................... Other Services (Testing, Survey, Laboratory) (Estimate)................................... Construction Observation Services (Estimate)............................................... $3,900,000 $2,499,600 $244,020 $78,000 $117,000 PROJECT BUDGET BALANCE $746,880 AGENDA MEMORANDUM Future item for the City Council Meeting of December 9, 2014 Action item for the City Council Meeting of December 16, 2014 DATE: November 18, 2014 TO: Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P. E., Assistant City Manager of Public Works and Utilities gustavogo@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Interim Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Natasha Fudge, P. E., Acting Director of Capital Programs natashaf@cctexas.com (361) 826-3504 CAPTION: Andy Leal Jr., P. E., Interim Director of Street Operations andyl@cctexas.com (361) 826-1957 Engineering Design Amendment No. 1 ID/IQ TXDOT Participation Projects — Task Order No. 4 — SH286 Water Lines and Valves Adjustments Motion authorizing the City Manager, or designee, to execute Amendment No. 1 with RVE, Inc. of Corpus Christi, Texas in the amount of $10,015.00 for a restated fee of $59,875.00 for the Indefinite Delivery/Indefinite Quantity (ID/IQ) TXDOT Participation Projects — Task Order No. 4 — SH286 Water Lines and Valves Adjustments. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 with RVE, Inc. for the ID/IQ TXDOT Participation Projects — Task Order No.4 - SH286 Water Lines and Valves Adjustments. BACKGROUND AND FINDINGS: The Texas Department of Transportation (TxDOT) has an ongoing construction project on State Highway (SH) 286 at the northeast corner with County Road (CR) 43. As part of this construction, the City is required to relocate City -owned utilities that are currently located within TxDOT right-of-way and conflict with TxDOTs proposed improvements. During the City's construction to relocate these utilities it was determined that additional waterline re -alignment was required. K:\ENGINEERING\LEGISTAR\3 - DECEMBER 9\TXDOT TASK 4\AGENDA MEMO TXDOT TASK 4.DOCX Contract Amendment No. 1 includes the Design Phase and Construction Phase services necessary to directionally drill 460± linear feet of 4 -inch diameter high density polyethylene (HDPE) encasement pipe for 470± linear feet of 2" dia. HDPE water service located at SH286. ALTERNATIVES: 1. Authorize execution of Amendment No. 1. 2. Do not authorize execution of Amendment No. 1. (Not Recommended) OTHER CONSIDERATIONS: RVE, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2011-05 Professional Services for Department of Engineering Services, dated November 14, 2011. Construction observation is not included in this contract amendment and is being performed by others. CONFORMITY TO CITY POLICY: This contract amendment complies to City policy regarding Professional Service Contracts. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT. Fiscal Year 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,860.00 $2,450,140.00 $0.00 $2,500,000.00 Encumbered / Expended Amount $49,860.00 $0.00 $0.00 $49,860.00 This item $0.00 $10,015.00 $0.00 $10,015.00 Future Anticipated Expenditures This Project $0.00 $305,232.30 $0.00 $305,232.30 BALANCE $0.00 $2,134,892.70 $0.00 $2,134,892.70 Fund(s): Comments: RECOMMENDATION: City staff recommends Amendment No. 1 be awarded to RVE, Inc. of Corpus Christi, Texas in the amount of $10,015.00 for a restated fee of $59,875.00 for the ID/IQ TXDOT Participation Projects — Task Order No. 4 — SH286 Water Lines and Valves Adjustments. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment K:\ENGINEERING\LEGISTAR\3 - DECEMBER 9\TXDOT TASK 4\AGENDA MEMO TXDOT TASK 4.DOCX PROJECT BUDGET ID/IQ TxDOT Participation - Task Order No. 4 SH 286 WATER LINES AND VALVES ADJUSTMENTS Project No. E13066 Future Agenda December 9, 2014 Action Agenda December 16, 2014 FUNDS AVAILABLE: Water CIP $2,500,000.00 FUNDS REQUIRED: Construction (Jhabores Construction Company, Inc.) Base Bid $257,871.00 Contingencies (10%) 25,787.10 Engineering Fees: Design Engineer (RVE, Inc.) * 49,860.00 Design Engineer (RVE, Inc.) Amendment No. 1 10,115.00 Construction Materials Testing 5,157.42 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 7,091.45 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 9,025.49 Construction Observation Services 9,025.49 Misc. (Printing, Advertising, etc.) 1,289.36 TOTAL $375,222.31 **BALANCE $2,124,777.69 * Design Contract awarded on July 22, 2013 to RVE, Inc. (administrative approval). Construction Observation Services is not included in Design Contract. ** The remaining funds will be used to support relocation of City -owned utilities on future TxDot projects. CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas hereinafter called "City", and RVE, Inc. hereinafter called "Engineer", agree to the following amendments to the Contract for Engineering Services for ID/IQ TXDOT Participation Projects — Task Order No. 4 — SH286 Water Lines and Valves Adjustments (Project No. E13066), as authorized and administratively amended by: Original Contract July 22, 2013 Administrative Approval $49,860.00 In the Original Contract, Exhibit "A", Basic Services, shall be amended to include additional Item No. 2. Design Phase and Item No. 4 Construction Phase as set forth in the attached AMD No. 1 Exhibit "A". In the Original Contract, Exhibit "A", Summary of Fees shall be modified and is attached as AMD No. 1 Exhibit "A" for a fee not to exceed $10,015.00 (Ten Thousand Fifteen Dollars and Zero Cents), for a total restated fee not to exceed $59,875.00 (Fifty Nine Thousand Eight Hundred Seventy Five Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "B". All other terms and conditions of the July 22, 2013 contract between the City and Engineer, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI RVE, C Natasha Fudge, P. E. (Date) Patrick eteto, P.E. (Date) Acting Director of Capital Programs President 820 Buffalo Street Corpus Christi, TX 78401 RECOMMENDED (361) 887-8851 Office (361) 887-8855 Fax Operating Department (Date) APPROVED AS TO LEGAL FORM Legal Department (Date) K'ENGINEERING DATAEXCHANGEIANGIEMITXDOT\E13066 1010 TXDOT PARTVAMD 1 RVEIAMD1 DOC AMD. NO. 1 Page 1 of 2 APPROVED Office of Management (Date) and Budget ATTEST Rebecca Huerta, City Secretary Project No. E13066 Accounting Unit: 4091-041 Account: 550950 Activity:E13066014091 EXP Account Category: 50950 Fund Name: Water CIP 2012B Revenue Bonds Encumbrance No. KIENGINEERING DATAEXCHANGEIANGIENATXDOTIE13066 IDIQ TXDOT PAR IIAMD 1 RVE1AM01.DOC AMD. NO. 1 Page 2 of 2 RVE, Inc. engineering - surveying City of Corpus Christi Engineering Services P. O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Ms. Natasha Fudge, P.E. July 15, 2014 7-13042 Re: Task Order No. 4 — SH 286 Water Lines and Valves Adjustments - Project No. E13066 Contract Amendment No. 1— Additional Engineering Services for 2" Water Service Dear Ms. Fudge: As requested, we are submitting Contract Amendment No. 1 to our Task Order No. 4 — SH 286 Water Lines and Valves Adjustments A/E Contract to authorize additional engineering services related to the construction of the additional 2" water service on the Project. The need for the additional water service was discovered during construction of the Project. Contract Amendment No. 1 covers design and construction administration services necessary for the installation of the water service. All engineering efforts and construction efforts associated with this contract amendment have been completed. The Contract Amendment No. 1 documents are attached. If you have any questions, or need any additional information, please do not hesitate to call. DSJ/dcr Attachments cc: File Sincerely, RVE, Inc. D. Scott Jones, P. Civil Group Man ger TBPE Firm Reg. No. F-2037 / TBPLS Firm Reg. No. 10016600 820 Buffalo St., Corpus Christi, Texas 78401-2216 P.Q. Box 2927, Corpus Christi, Texas 78403-2927 phone: 361.887.8851 fax: 361.887.8855 e-mail: rve©rve-inc.com website: www.rve-inc.com AMD. NO. 1 EXHIBIT "A" Page 1 of 2 ID/IQ TXDOT Participation Projects - Task Order No. 4 - SH286 Water Lines and Valves Adjustments Summary of Fees BASIC SERVICES 1 Preliminary Phase 2 3 Design Phase Bid Phase 4 Construction Phase Subtotal Basic Services ADDITIONAL SERVICES (Allowance) 1 Utility Locations 2 Hydro -Excavation Subtotal Additional Services TOTAL FEE Project No. Project No. ORIGINAL CONTRACT AMD NO 1 $0.00 $0.00 27,530.00 4,025.00 4,085.00 0.00 8,600.00 5,990.00 40,215.00 10,015.00 7,545.00 0.00 2,100.00 0.00 9,645.00 0.00 $49,860.00 $10,015.00 07/22/13 Administrative Approval TOTAL $0.00 31,555.00 4,085.00 14,590.00 50,230.00 7,545.00 2,100.00 9,645.00 $59,875.00 AMD. NO. 1 EXHIBIT "A" Page 2 of 2 Exhibit B Mandatory Requirements (Revised August, 2008) INDEMNIFICATION AND HOLD HARMLESS Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. AMD. NO. 1 EXHIBIT "B" Page 1 of 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% SUPPLLBR NUMBER 10BB rry PURQASIGNED BYO SDIVISION N City ofCITY OF CORPUS CHRISTI COMIS DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: RVE, Inc. P.O. BOX: STREET ADDRESS: 820 Buffalo Street CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other 3. Sole Owner 0 DISCLOSURE QUESTION If additional space is necessary, please use the reverse side of this page or tach separate sheet; 1. State the names of each "employee" of the CityChriof Corpus Mist' athaving an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each `official" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm." Name Board, Commission or Committee NIA 4. State the names of each employee ee or officer of a "consultant" for the City of Corpus Christi who worked on anymatter related the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Patrick D. Veteto, (Type or Prtnt) Signature of Certifying Person: .E. Title: President JuJ DEFINITIONS Date: a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi. Texas either on a full or part- time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held. in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. Project Location PROJECT # E13066 LOCATION MAP NOT TO SCALE ID/IQ TxDOT Participation Projects - Task Order No. 4 - Water Lines and Valves Adjustments CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS !'! PAGE 1OF1 (ft Corpus Chr sti Capital Programs ID/IQ TxDOT Participation - Task Order No. 4 - SH 286 Water Lines and Valve Adjustments Council Presentation December 9, 2014 Project Scope Corpus Chr sti Capital Programs Scope includes: • Relocation of City water line required to accommodate TxDOT SH 286 construction • Water service located approx. 850 linear feet north of Oso Creek • Additional water service conflict discovered during construction Project Schedule Corpus Chr sti Capital Programs 2014 Feb Mar Apr May Jun Jul Aug Sept Design Bid Construction Project Estimate: 240 Calendar Days 8 Months Project Budget Corpus Chr sti Capital Programs FUNDS AVAILABLE: FUNDS REQUIRED: Construction (Jhabores Construction Company, Inc.) Base Bid$257,871.00 Contingencies(10%)............... ...... 25,787.10 Engineering Fees: Design Engineer (RVE, Inc.)*49,860.00 Design Engineer (RVE, Inc.) Amendment No. 1 10,115.00 Construction Materials Testing. 5,157.42 Reimbursements 26,431.79 TOTAL $375,222.31 **BALANCE $2,124,777.69 * Consultant Design Contract awarded on July 22, 2013 to RVE, Inc. (administrative approval). Construction Observation Services is not included in Consultant Design Contract. ** The remaining funds will be used to support relocation of City -owned utilities on future TxDot projects. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: November 6, 2014 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Mark Van Vleck, P.E., Executive Director, Utilities MarkVV@cctexas.com (361) 826-1874 Engineering Construction Contract Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal CAPTION: Motion authorizing the City Manager or designee to execute a construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $1,024,000 for the Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal Re -bid for the Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal Re -bid for the Base Bid. BACKGROUND AND FINDINGS: Freese and Nichols, Inc. (FNI), the Consultant Engineer, accomplished a Technical Memorandum for the Old Broadway Wastewater Treatment Plant (WWTP) Decommissioning Project (E12159). In this memorandum, FNI recommended construction and decommissioning steps that would require removal of trickling filter and solids media from the Old Broadway WWTP. These steps are necessary in order to continue with the plant decommissioning process that includes site sampling of soils and the interior of structures. Subsequently, the Texas Commission on Environmental Quality (TCEQ) will provide approval through the closure plan of decommissioning the Old Broadway WWTP. FNI prepared the bidding documents and originally bid the project in April 2014. However, in the first bid opening for the Old Broadway WWTP Decommissioning Project, only one bidder submitted and the amount was approximately one million dollars higher than the engineer's opinion of probable construction cost (OPCC). Then, the following modifications were made to the project in an attempt to simplify the scope of construction work and to entice more competition from local Corpus Christi contractors. • Removal of the recirculation pumping scope; • Modify project scope of work to include only media removal and decommissioning of the following structures: ✓ Standard Rate Trickling Filters No. 1-4 ✓ High Rate Trickling Filters No. 1-2 ✓ Return Flows Reconditioner • Modify the title of the project to "Broadway WWTP Trickling Filter Media Removal"; and, • Modify the 01 35 00 Special Procedures and 02 41 01 Basin Decommissioning specifications to allow demolition of a portion of the side walls for easier access of equipment in/out of structures. After incorporating these design changes, the project was re -bid on September 10, 2014. Although many local and state contractors were notified by FNI about the project during bid phase, only one bidder submitted during this time in the amount of $1,024,000. FNI recommended that the City of Corpus Christi award the contract to the responsible bidder, J.S. Haren Company. This construction contract will be the first phase of Old Broadway WWTP Decommissioning. Future work will include site sampling and closure of the Old Broadway WWTP through TCEQ. Potential additional future work includes demo of the remaining facilities, site grading, and aesthetic improvements to "blend in as a "good neighbor" within the locale. Upon completion of the demolition of the existing plant it will be available for economic purposes or future new plant expansion. The Contractor, J.S. Haren Company, will perform work necessary to remove all filter media, grit, and debris in the trickling filters and return flows reconditioner and grit removal wetwell at the Old Broadway Wastewater Treatment Plant. Measures will be in place to minimize the development of odors. Work shall include: • Installation of odor monitors at designated locations around treatment site to monitor odor levels throughout the project; • Rental and installation/maintenance of Odor Remediation Fans around each trickling filter during media removal; • Equipment removal, rock media removal, basin cleaning, and dewatering of the four (4) standard rate trickling filters and two (2) high rate trickling filters as well as their respective distribution boxes (2); • Grit and debris removal, basin cleaning, and dewatering of return flows reconditioner and grit removal wetwell; and • Removal and loading of headworks bar screen and two (2) grit screws for salvage and transport by CITY. On September 10, 2014, the City received a proposal from one (1) bidder and the respective bid is as follows: Contractor Base Bid J.S. Haren Company Athens, TN $1,024,000.00 FNI conducted a bid analysis of the proposal the City received. The Engineer's Opinion of Probable Construction Cost (OPCC) is $916,000. This bid was approximately one hundred thousand dollars higher than the engineer's OPCC. FNI recommended that the City of Corpus Christi award the contract to J.S. Haren Company despite the bid amount being higher than the estimate. FNI attributes the increased bid amount to a non-competitive bid environment for the media removal project. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: In November 2012, the City awarded FNI a professional services contract for $590,887 to decommission the Old Broadway Wastewater Treatment Plant in accordance with TECQ requirements before it is converted to other uses. That contract includes several initiatives: (1) Wastewater Treatment Plant Closure Plan; (2) Site Investigation for Closure; (3) Final Closure Report; (4) Odor Mitigation Contract; (5) Decommissioning Letter Report; and (6) Additional Services. The design efforts associated with this construction is within (4) Odor Mitigation Contract ($224,728) which includes a detailed technical memorandum, preparation of design documents and bidding documents for this project as well as general representative during the construction phase. The first bid opening in April for the Broadway WWTP Decommissioning Project only received one proposal with an amount approximately one million dollars higher than the engineer's OPCC. The Capital Programs Department rejected that bid, and the project was re -bid on September 10, 2014 with some modifications in the scope of work. The design engineer contacted more than fifteen contactors during the bidding phase to increase project interest. However, only one bid was received on September 10, 2014. After reviewing the qualifications submitted in accordance with the contract documents, FNI concluded that J.S. Haren Company has the experience and resources to complete the project. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2014-2015 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $640,837.00 $3,966,163.00 $4,500,000.00 $9,107,000.00 Encumbered / Expended Amount $640,837.00 $640,837.00 This Item $1,024,000.00 $1,024,000.00 Future Anticipated Expenditures This Project $2,942,163.00 $2,287,237.00 $5,229,400.00 BALANCE $0.00 $0.00 $2,212,763.00 $2,212,763.00 Fund(s): Wastewater CIP #18 Comments: This project requires approximately 365 calendar days with anticipated completion December 2015. The construction contract will result in the expenditure of an amount not to exceed $1,024,000. RECOMMENDATION: City Staff recommends approval of the construction contract with J.S. Haren Company of Athens, Tennessee in the amount of $1,024,000 for the Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal Re -bid for the Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation PROJECT BUDGET Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal FUNDS AVAILABLE: Wastewater CIP $9,107,000.00 FUNDS REQUIRED: Construction Contract (J.S. Haren Company) (THIS ITEM) 1,024,000 Contingency (10%) 102,400 Construction Cost of Future Work (Estimate) 5,000,000 Enqineer Fees: *Engineer (Freese and Nichols, Inc.) 590,887 **Engineer (Govind Development, LLC) 49,950 Construction Observation Services Estimate (City) 50,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) 20,000 Engineering Services (Project Mgmt/Constr Mgt/Traffic Mgt) 45,000 Miscellaneous 12,000 TOTAL 6,894,237 ESTIMATED PROJECT BUDGET BALANCE $2,212,763 *Freese and Nichols, Inc. contract approved by City Council on December 11, 2012 by Motion No. M2012-198 The design efforts associated with tis construction is within Odor Mitigation Contract ($224,728), one of the tasks from the original contract. **Govind Development, LLC contract administratively approved on May 15, 2013 • 4, oak.* / 1t #664111° ',MASIFalinimIlli-ilimeigill .111Pullitilm wok*wamitimmmormipirs' "1 IIIIMPRIEW •1000111SWRIP4*IMO OSSCIAL Project Location PROJECT # E12159 LOCATION MAP NOT TO SCALE Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal CITY COUNCIL EXHIBIT ookikk CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF CAPITAL PROGRAMS PAGE 1 OF 1 Corpus Chr sti Capital Programs Old Broadway Wastewater Treatment Plant Decommissioning Trickling Filter Media Removal Council Presentation December 9, 2014 Project Scope Corpus Chr'sti Capital Programs Project Schedule Corpus Chr'sti Capital Programs 2014 2015 Aug Sep Oct Nov Dec Bid & Award Jan Fe b Mar Apr May Jun Jul Aug Sep Oct Nov Dec Construction Construction Estimate: 365 Calendar Days N 1 Year Projected Schedule reflects City Council award of construction in December 2014 with anticipated construction completion by December 2015. 77,000 6,894,237 Project Budget Corpus Chr'sti Capital Programs FUNDS AVAILABLE: Wastewater CIP $9,107,000.00 FUNDS REQUIRED: Construction Contract (J.S. Haren Company) (THIS ITEM) 1,024,000 Contingency (10%) 102,400 Construction Cost of Future Work (Estimate) 5,000,000 Engineer Fees: *Engineer (Freese and Nichols, Inc.) 590,887 **Engineer (Govind Development, LLC) 49,950 Construction Observation Services Estimate (City) 50,000 Reimbursements: TOTAL ESTIMATED PROJECT BUDGET BALANCE $2,212,763 *Freese and Nichols, Inc. contract approved by City Council on December 11, 2012 by Motion No. M2012-198 The design efforts associated with tis construction is within Odor Mitigation Contract ($224,728), one of the tasks from the original contract. **Govind Development, LLC contract administratively approved on May 15, 2013 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: November 7, 2014 TO: Ronald L. Olson, City Manager THROUGH: Gustavo Gonzalez, P.E., ACM of Public Works and Utilities FROM: Mark Van Vleck, P.E., Executive Director of Utilities Markvv@cctexas.com 826-1874 Approving an Amendment and Extension to the Agreement with Valero Refining — Texas, L.P. for recycled water CAPTION: Motion authorizing the City manager or designee to execute an Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water with Valero Refining — Texas, L.P. (Valero) for 4 million gallons per day (mgd). PURPOSE: To obtain Council's review and approval for the Amendment and Extension to the Agreement for Exclusive Reservation of recycled water with Valero Refining. BACKGROUND AND FINDINGS: In 2013, Valero expressed an interest in exploring the possibility of receiving and using the City's recycled water for cooling tower and other industrial use applications at both of its local Refineries doing business as the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. On December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P., entered into an Agreement for Exclusive Reservation of Recycled Water, with a term of nine months, with an option to extend the Reservation Agreement for an additional three month period. During the initial reservation agreement term, Valero has expressed preference to use the recycled water from the Greenwood Wastewater Treatment Plant (GWWTP) in lieu of the recycled water from the Broadway Wastewater Treatment Plant (BWWTP). Valero requests an amendment to the reservation agreement to use the Greenwood Wastewater Treatment Plant recycled water in lieu of the Broadway Wastewater Treatment Plant recycled water. Valero also requests an additional nine months extension of the reservation agreement with one three-month extension period (to allow a period of time for evaluation, equipment pilot testing, pipeline right of way development, and project design). In consideration of this amendment, Valero would pay the City a sum of $100,000.00 (one hundred thousand dollars) for a nine-month extension period. In addition, this agreement may be extended for an additional three-month period for which Valero would pay a sum of $75,000.00 (seventy five thousand dollars) to the City. Under the terms of this Amendment and Extension to the Agreement for Exclusive Reservation, the City agrees not to enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 MGD of treated wastewater effluent subject to this amendment. Before the expiration of this Amendment to the Reservation Agreement, Valero will inform the City, in writing, if it intends to enter into a recycled water agreement(s) for either or both of its local refineries. ALTERNATIVES: 1. Authorize the Amendment and Extension to the Agreement as proposed. 2. Request changes to the proposed Amendment and Extension to the Agreement. 3. Deny authority to execute the Amendment and Extension to the Agreement. 4. Deny authority to execute the Amendment and Extension to the Agreement and direct staff to issue an RFP for Industrial use of the City's recycled water. OTHER CONSIDERATIONS: The city's wastewater treatment plants produce recycled water that is classified as Type II reclaimed water. TCEQ has granted the City certain authority to deliver its recycled water for the Type II uses allowed under Chapter 210 of the Texas Administrative Code (TAC). Some of the City's golf course and cemetery customers use the City's recycled water for the Type II -allowable use of irrigating their golf courses and cemeteries. Although the law also allows for the use of Type II for cooling towers and other industrial applications, none of the City's Industrial district customers are using the City's recycled water at this time. CONFORMITY TO CITY POLICY: This item confirms to City's policy to obtain Council's approval and authority to grant an interest in real property or the city asset of water, which is considered to be a real property -like asset. For our purposes here, the term water as used in this section includes treated wastewater, also known as "effluent", or "recycled water". An industrial water customer's use of the City's recycled water for allowable industrial uses is consistent with the City's water conservation policies. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable FY: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $100,000 $100,000 BALANCE Fund(s): Water Comments: RECOMMENDATION: Approval of the Reservation as proposed. LIST OF SUPPORTING DOCUMENTS: Amendment and Extension to the Agreement Agreement for Exclusive Reservation of Recycled Water Three months extension agreement Amendment and Extension to the Agreement for Exclusive Reservation of Recycled Water Between Valero Refining -Texas, L.P. and City of Corpus Christi Whereas, on December 17, 2013, the City of Corpus Christi and Valero Refining -Texas, L.P. entered into an Agreement for Exclusive Reservation of Recycled Water ("the Reservation Agreement") with a term of nine months, with an option to extend the Reservation Agreement for an additional three-month period; Whereas, the Reservation Agreement provided for the City to reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant ("BWWTP") or from any other wastewater treatment plants in the event that the City will no longer be operating the BWWTP; Whereas, Valero desires to reserve up to 4 mgd of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP") recycled water/treated wastewater effluent; Now, therefore, the parties agree to amend the Reservation Agreement and extend the term as follows (the "Amendment"); 1. The Reservation Agreement is amended so that the City agrees to reserve for the exclusive benefit of Valero up to 4 mgd of recycled water/treated wastewater effluent from the GWWTP. This amended Section I.A. replaces Section I.A. of the Reservation Agreement: "I. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Amendment, the City will reserve for the exclusive benefit of Valero up to 4 million gallons per day ("mgd") of recycled water/treated wastewater effluent from the Greenwood Wastewater Treatment Plant ("GWWTP"). During the term of the amended Reservation Agreement, the City shall not enter into any other agreement or reservation for treated wastewater effluent from the GWWTP. The Reservation as amended herein shall expire nine months from the Effective Date of this Amendment. The nine-month extended reservation period is to allow Valero and the City time for, including but not limited to evaluation, equipment pilot testing, pipeline right of way development, and project design. Before the expiration of this Amendment to the Reservation Agreement, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery." Section I.D. of the Reservation Agreement is amended as follows: "D. Extension. Valero may extend this Amendment to the Reservation Agreement for an additional three-month period by providing the City with written notice at least thirty (30) days prior to the termination date of this Amendment along with an extension fee of Seventy -Five 1 Thousand Dollars ($75,000.00). During the three-month extended term of the reservation, the City shall not enter into any other agreement or reservation for treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Amendment." 2. This Amendment to the Reservation Agreement takes effect on December 16, 2014 (the "Effective Date"). 3. Within thirty days of the date the City Manager or the City Manager's designee signs this this Amendment to the Reservation Agreement Valero will pay the City One Hundred Thousand Dollars ($100,000.00). 4. Any provision of the Reservation Agreement that is not expressly amended by this Amendment remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day and year written below. VALERO: CITY: VALERO REFINING —TEXAS, L.P. CITY OF CORPUS CHRISTI By: By: Name: Dennis Payne Name: Title: Senior Vice President & General Manager Title: Date: Date: 2 Agreement for Exclusive Reservation of Recycled Water Between Valero Refining —Texas, L.P. and City of Corpus Christi This Agreement for Exclusive Reservation of Recycled Water (the "Reservation") is made by and between The City of Corpus Christi, acting by and through its authorized representative, the City Manager or designee (the "City"), and Valero Refining — Texas, L.P. ("Valero"). Valero and the City may hereinafter be referred to as a "Party" or collectively as the "Parties". WHEREAS, Valero operates two petroleum refineries located in Corpus Christi, Texas; WHEREAS, the Texas Commission on Environmental Quality has issued an Authorization for Reclaimed Water to the City that provides the City with certain authority for the use and transfer of reclaimed water or treated wastewater effluent, referred to in this Agreement as "recycled water"); WHEREAS, Valero would like time to evaluate entering into a recycled water agreement with the City; NOW, THEREFORE, for and in consideration of mutual covenants herein contained, it is agreed by and between the Parties as follows: I. Reservation. A. Term and Fee. For and in consideration of payment of a reservation fee in the amount of One Hundred Thousand Dollars ($100,000.00) to be paid within thirty days of the date the City Manager or the City Manager's designee signs this Reservation, the City will reserve for the exclusive benefit of Valero the capacity for delivery of up to 4 million gallons per day (mgd) of recycled water/treated wastewater effluent from the new Broadway Wastewater Treatment Plant (BWWTP), or 4 million mgd from any of the City's other wastewater treatment plants in the event that the City will no longer be operating the BWWTP . The Reservation shall start on the Effective Date and expire nine months from the Effective Date. During the term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. The nine-month reservation period is to allow Valero time for evaluation, equipment pilot testing and water quality testing to confirm suitability of the recycled water and any onsite treatment cost for the intended industrial applications. Before the expiration of the Reservation, Valero will inform the City in writing if it intends to enter into a recycled water agreement(s) for either or both of its local refineries dba the Valero Corpus Christi West Refinery and the Valero Corpus Christi East Refinery. 8. Effective Date. The Effective Date of this Reservation is the date upon which it is signed by the City. 2013-360 12/17/13 M2013-196 Valero Refining - Texas LP 1 INDEXED C. Termination. The City may terminate this Reservation in the event that Valero fails to timely pay the $100,000.00 reservation fee and Valero has been provided written notice of this failure and thirty (30) days to cure. D. Extension. Valero may request to extend this Reservation for an additional three-month period by providing the City with a written request at least thirty (30) days prior to the termination date of this Agreement. If the City approves Valero's request to extend this Reservation, upon Valero's payment of a reservation extension fee of Seventy -Five Thousand Dollars ($75,000.00), which must be received by the City before the termination date, this Reservation will extend for a period of three months. The extended Reservation shall be exclusive and during the extended term of the Reservation, the City shall not enter into any other agreement or reservation for the 4.0 mgd of treated wastewater effluent from the BWWTP or an amount of treated wastewater effluent that would in any way restrict the City's ability to furnish Valero the 4.0 mgd of treated wastewater effluent subject to this Reservation. E. Notices. Any notice provided for in this Reservation and any other notice, demand or communication which any Party may wish to send to any other Party relating to the subject matter of this Reservation shall be in writing and either delivered by recognized national overnight courier delivery service such as Federal Express, UPS or DHL, hand -delivered, or sent by regular U.S. postage prepaid, and addressed to the Party for which such notice, demand, or communication is intended at such Party's address as provided below. Copies of all notices to Valero shall include a copy to: If to Valero: Valero Refining—Texas, L.P. 1147 Cantwell Lane Corpus Christi, TX 78249-1616 Attn: Joe Almaraz Telephone: 361-289-3328 Facsimile: 361-289-3126 If to the City: City of Corpus Christi 2726 Holly Road Corpus Christi, TX 78415 Attn: Gustavo Gonzalez, Director of Water Operations Telephone: 361-826-1874 Facsimile: 361-826-1889 City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Attn: Veronica Ocanas, Senior Assistant City Attorney Telephone: 361-826-3375 Facsimile: 361-826-3239 Any Party may change its address for notice hereunder to any other address by giving written notice of such new address to the other Parties in accordance with this Section. Any notice, demand, or other communication shall be in English, and shall be deemed given and effective as of the date of delivery. The inability to deliver because of a changed address of which proper 2 notice was not given, or rejection or other refusal to accept any notice, demand or other communication, shall be deemed to be the receipt of the applicable notice, demand or other communication as of the date of such inability to deliver or rejection or refusal to accept. The date of notice shall be the date it is received by the addressee or the office of the addressee, whichever is earlier. II. Negotiation of Recycled Water Agreement Terms Within the Reservation Period. A. The Two Refineries. Upon written notice at any time during the term of this Reservation from Valero that it wishes to enter into a recycled water agreement for 4 mgd of recycled water, the Parties will negotiate the terms of any agreement in good faith. III. Reservation is Not a Reclaimed Water Supply Agreement. A. The Parties recognize that this Reservation is an agreement to reserve 4 mgd for a period of time, not an agreement to supply or deliver 4 mgd; that this Reservation neither outlines the specific and essential terms for the delivery or supply of recycled water, nor contains any prices or quantities for the delivery or supply of recycled water; and that a future agreement(s) between the Parties will be required. IV. Miscellaneous Terms. A. Complete Agreement. This Reservation embodies the entire agreement between the Parties hereto relating to the subject matter hereof, and supersedes and replaces in their entirety all prior understandings and agreements relating to the subject matter hereof. 8. Severability. Should any provision of this Reservation or portion hereof be declared invalid, void or unenforceable, it shall not affect the validity or enforcement of the remaining provisions or portion hereof which shall remain in full force and effect as if the Reservation had been executed without such invalid, void or unenforceable provision or portion hereof having been included. C. Assignment. The Parties may not assign the Reservation without the written consent of the other party. D. Modification and Waiver. This Reservation may not be modified or amended except by an instrument in writing duly executed by both Parties. Either party hereto may, by an instrument in writing, waive compliance with or breach of any term or provision of the Reservation by the other Party. The waiver by any Party hereto of compliance with or breach of any term or provision of the Reservation shall not be construed as a waiver of subsequent compliance or of any subsequent breach. E. Authority. Each person executing the Reservation represents that he or she has been duly authorized to do so by the Party on whose behalf he or she is signing, and that in so doing he or she shall bind such Party to all of the terms hereof. 3 F. Counterparts. The Parties may execute the Reservation in identical multiple counterparts, each of which shall be deemed an original and all of which together shall constitute but a single instrument. 4 IN WITNESS WHEREOF, the parties hereto have executed this Reservation to be effective upon approval by the City. VALERO: CITY: VALERO REFINING—TEXAS, L.P. By: CITY OF CORPUS CHRISTI By: Name: Dennis Payne Name: 8/2(f 4 l3 4%'ri? ff% Title: Senior Vice President & General Manager Title: DIP4 ry p(2f.rie 4I442 - Date: /EX/3(2-0(5 Date: 12- - ( 7-13 ATTEST . 1 ARMANDO CHAPA crn' SECRETAR" I ti �► 1 ClouiICIL .. hiLla 5 doia City of Corpus Chnsci CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Valero Refining -- Texas, L.P. P. O. BOX: STREET ADDRESS: One Valero Way CITY: San Antonio FIRM. IS: 1. Corporation 4. Association 8 2. Partnership 5. Other ZIP: 78249 - 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name None Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title None 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee None 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant None EXHIBIT "C" Page 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ethan Jones (Iy pc or Print l Signature of Certifying Person: Title: Assistant Secretary glI4Q-r4 Date: �%3 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d. "Finn." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or fine, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT "C" Page 2 of 2 VALERO VIA HAND DELIVER August 15, 2014 Brian Butscher Deputy Director of Water City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401. Dear Mr. Butscher and Ms. Aguilar: Lisa Aguilar Senior Assistant City Attorney City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Pursunnt to Section I.D. of the Agreement for Exclusive Reservation of Recycled Water between Valero Refining- Texas, L.P. and City of Corpus Christi (the "Agreement"), Valero herewith requests to extend the Agreement for an additional three (3) month period. Valero wishes to extend the Agreement to afford the parties the opportunity to negotiate an agreement for the delivery of treated wastewater. Valero will pay the $75,000.00 extension fee after approval by the City and before the expiration of the Agreement on September 17, 2014. By signing this letter the parties agree to extend the term of the Agreement by three (3) months. If you any questions, please do not hesitate to contact me at 361-289-3328. Dennis L. Payne Vice President & General Manager UNDERSTOOD AND AGREED: CITY OF CORPUS CHRISTI By: /WC' Name: Mark Van Vleck, PE Title: Executive Director of Utilities Date: fBHI Greehey Refineries • Valera Refining -Texas, LP. Post Office Box 9370 • Corpus Christi, Texas 78469-9370 • Telephone (361) 289-6000 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: November 19, 2014 Ronald L. Olson, City Manager FROM: Michael Armstrong, Director of Municipal Information Services MichaelAr@cctexas.com 361-826-3740 Approving the purchase of Laserfiche Rio software maintenance and support CAPTION: Motion authorizing the City Manager, or designee, to approve the purchase of twelve months Laserfiche Rio software maintenance and support from MCCI, LLC of Tallahassee, Florida, DIR- SDD-2502, for a total expenditure of $74,666.00 for Fiscal Year 2014-2015, with option to purchase continued Laserfiche Rio software maintenance and support from MCCI, LLC annually upon payment of annual fees, subject to appropriation of funds. Funds are available in the Municipal Information systems Department FY2014-2015 budget and will be requested in future budget years. PURPOSE: To provide continued support and maintenance for Laserfiche Rio software for the twelve month period, January 1, 2015 through December 31, 2015 and for future years based on budget appropriation. BACKGROUND AND FINDINGS: Software maintenance and support is required to maintain updates for licensing used by 178 staff in 19 departments and various workflow processes. This includes workflow and records management functionality added for the new Infor ERP and Municipal Court, Tyler Incode, systems as well as the City Secretary, Police, Water, Wastewater, Stormwater, Neighborhood Services, Human Resources, Streets, and Payroll. Every department has a need for imaging. Departments struggle to get control of the records they are responsible for maintaining. Laserfiche Rio allows them to have immediate access to their records and frees up valuable physical storage space. ALTERNATIVES: Operate with no vendor support for the Laserfiche Rio software. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $74,666.00 $298,664.00 $373,330.00 Encumbered / Expended Amount This item $74,666.00 $298,664.00 $373,330.00 BALANCE 0.00 0.00 0.00 Fund(s): Municipal Information Services Comments: The $298,664 shown above for years 2 through 5 represents an estimation of continued annual maintenance, support, and possible additional license costs per year. Per the agreement signed in December 2012, "Adjustments in annual support rates may be made to coincide with current U.S. inflation rates — any increase will not exceed the cumulative increase in the Consumer Price Index (CPI) occurring since the last price increase." Continued Laserfiche Rio software annual maintenance and support from MCCI, LLC will automatically renew upon payment of annual fees, subject to appropriation of funds. The annual maintenance, support, and any additional license costs will be requested during the normal budget process in future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: MCCI, LLC Quote wicci bcpdrioncatxce lencc PO Box 2235 Tallahassee, FL 32316 850.701.0725 850.701.0715 fax Client Name: City of Corpus Christi, TX Laserfiche LSAP Renewa Period Covered: January 1, 2015 - December 31, 2015 Complete and return to: salessupport@mccinnovations.com Order Date: November 12, 2014 Product Description: Qty. ANNUAL SOFTWARE SUPPORT - BASIC LSAP ▪ Rio Records Management 200-499 Users Includes Unlimited Laserfiche Servers, Records Management Edition, Workflow, WebAccess (includes SharePoint integration web parts & WebAccess Light), Advanced Audit Trail, Snapshot, and Email ▪ Plus for Publishing Royalty free distribution of published media ▪ Import Agent for Rio 1 ▪ OCR Scheduler for Laserfiche - Requires one dedicated Laserfiche User 1 License 0 LFScanconnect forRio *required for each scanner purchased/utilized ▪ LF Scanconnect for Rio 5 -pack ▪ LF Scanconnect for Rio 10 -pack ▪ LF Forms 200-499 Users (10% Add-on to all Named Users) ▪ LF Forms Portal *Allows Forms Portal to be activated on a Forms server. Multiple licenses are needed if multiple activations are required. Allows form submission only, from unlicensed (public) and non -authenticated users. ▪ Public Portal - Dual CPU Machine Includes WebLink-only unlimited retrieval connections per processor. Provides read-only access thru LF WebLink. Any Physical server/VM using Public Portal must have a # of licenses = to # of processors on the LF Server. 205 1 1 1 1 205 1 1 Cost DIR-SDD-2502 Total $132.00 $118.80 $24,354.00 $1,600.00 $1,440.00 $1,440.00 $300.00 $270.00 $270.00 $330.00 $297.00 $297.00 $34.00 $132.00 $184.00 $12.00 $1,600.00 $30.60 $118.80 $165.60 $10.80 $1,440.00 $30.60 $118.80 $165.60 $2,214.00 $1,440.00 $10,000.00 $9,000.00 $9,000.00 O Quick Fields Complete for Rio 1 $3,000.00 $2,700.00 $2,700.00 Includes QF, Validation packages for Bar Code, RTL, Zone OCR, Doc Classification, Forms Alignment, Forms Identification, Forms Extractor, OMR, and Auto Stamp/Redaction/Bates Numbering O QF Agent for Rio 1 $2,000.00 $1,800.00 $1,800.00 O Integrator's Toolkit for Rio 1 $750.00 $675.00 $675.00 O Datallow Affinity Integration (51+ users) 1 $1,200.00 $1,200.00 $1,200.00 O Ratchet -X SPL Commander License (1-50 Users) 46 $48.00 $48.00 $2,208.00 O Granicus Legislative Management Suite - Laserfiche Connector 1 $1,000.00 $1,000.00 $1,000.00 O Managed Services for Affinity 1 $630.00 $630.00 $630.00 O Managed Services for Laserfiche Forms- Rio 1 $1,260.00 $1,260.00 $1,260.00 O Managed Services for Laserfiche - Rio 1 $3,150.00 $3,150.00 $3,150.00 O Managed Services for Ratchet -X 1 $630.00 $630.00 $630.00 O Managed Services for SDK 1 $630.00 $630.00 $630.00 O Managed Services for Workflow, Level 2 *not to exceed45 hours 1 $5,670.00 $5,670.00 $5,670.00 O Training Center 50-99 users 1 $3,920.00 $3,920.00 $3,920.00 O MCCi Service Level Agreement 1 $9,863.00 Annual Support Total $74,666.00 For budgetary purposes, the Client should include $74,666.00 in annual budget for renewal of LSAP, Managed Services, the Training Center and SLA for the software quoted above. Total Project Cost $74,666.00 This completed form will constitute as an order and will be in accordance with the terms and conditions of the existing contract between MCCi and the Client. Pricing is valid for 30 days from date appearing on this order. MCCi will invoice one hundred percent (100%) of the software and support upon delivery of software. If services are included, the balance of the total project will be invoiced upon completion of the proposed professional services, which may be broken up based on the completion date of specific services. Sales tax will be included where applicable. Payment will be due upon receipt of an invoice. Note: MCCi will prorate the support of this additional software to be congruent with your current Laserfiche system's support (LSAP) dates, the purpose of which is to align all software with one support date so maintenance of your account is made easy. MCCi will bill for the actual amount of support, which may be higher or lower than quoted. To ensure you are budgeting correctly for future renewals, please add the amount listed in the budgetary note above to your current budgeted renewal amount. Laserfiche software and help files are provided electronically. If hard copy manuals or software is desired, there is a $50 additional charge. This will need to be requested. This is NOT an invoice. Please use this confirmation to initiate your purchasing process. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: November 21, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the purchase of Tropos Annual Maintenance for Wireless Network. CAPTION: Motion authorizing the City Manager or designee to approve the purchase of twelve months Tropos maintenance from ABB Tropos Networks Inc. of Sunnyvale, California, manufacturers of the Tropos radios in use for the wireless network in Corpus Christi, for a total expenditure of $110,000.00. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. PURPOSE: To provide continued support and maintenance for 1800+ existing network wireless devices, a Tropos controller server, and software and licenses for a twelve month period. BACKGROUND AND FINDINGS: Hardware and software support is required to maintain updates for security, licensing, and support services. The Tropos Maintenance purchase will ensure that the City of Corpus Christi has support for the wireless network infrastructure implemented City wide which supports AMR (Automated Meter Reading), Public Safety video surveillance, mobile government access, public wifi hotspots, RTA (Regional Transport Authority) mobile access, SCADA and water quality sites, and the McKinstry green initiative. The wireless operation requires ongoing maintenance support. ALTERNATIVES: No vendor support for the wireless network hardware and software. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms with City Purchasing policies and procedures. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $246,827.99 $246,827.99 Encumbered / Expended Amount $0.00 $0.00 This item $110,000.00 $110,000.00 BALANCE $136,827.99 $136,827.99 Fund(s): 5210 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Agreement — Tropos Standard Software Support Quote — Tropos Annual Maintenance 2014 networks 7 GREENER, SAFER, SMARTER 1. OVERVIEW 555 Del Rey Avenue Sunnyvale, CA 94085 408.337.6801 fax 408.331.6800 tel www.tropos.cona Tropos Standard Software Support Agreement This document provides an overview of the warranty and support services available for all Tropos based network operations to its customers and partners. These services are designed to ensure service continuity of the Tropos solutions. A summary of the warranty and support services is listed below: • Standard Software Support - Available Monday — Friday, 8am — 6pm Pacific Standard Time for phone and email inquiries and assistance with the exception of Tropos holidays • Premium Software Support — Available 24 hours; 7 days per week • Standard Software/Hardware Support — Provides advanced hardware replacement along with the standard software support • Premium Software/Hardware Support — Provides advanced hardware replacement along with the premium software support. 2. SOFTWARE SUPPORT Tropos' Support Services program is offered for all Tropos Products. The support plan includes the following: • Software updates and upgrades • 24 x 7 access to Tropos customer support website • Troubleshooting support per SLA (see Problem Severity Definitions and Response Requirements) including remote login to customer networks for assistance • Unlimited phone and e-mail inquiries plus remote network software update support • Remote diagnostics — Enables Tropos Customer Support to remotely speed diagnosis of problems. (Requires installation of Tropos Control and remote access for Tropos Customer Support) 2.1 ELIGIBILITY AND TERMS OF USE Tropos Networks software support program is based on the assumption of continuous coverage for the entire installed base of routers. In order to receive continuous service it is important that there are na lapses in coverage and that there is no mix of supported and unsupported routers. The terms and conditions applicable to support services is listed below: a) All end users with active support programs shall typically receive one unique customer login to the Tropos customer support website. This login may be shared within the company but in no cases will end users receive more than two unique logins. b) Login access is controlled via expiration dates available only to Tropos administrators. The expiration date in the system will be set to the EARLIEST date that any router in the customer's network falls out of a support contract. c) Support contracts shall have no lapse in coverage. Thus, if there is a lapse in coverage all renewals will revert back to the last date that the products were supported. A 15% reinstatement fee will be assessed on all accounts who have a lapse in coverage for a period of ninety (90) days or more. e) All contracts will commence on the first day of the month following shipment of the product. Tropos Networks Support Overview & Software License Agreement f) Router specific upgrades & updates — If a customer's entire network is not on support Tropos will still provide router specific upgrades and updates. In order to receive this the customer must provide specific serial numbers to be upgraded which will be validated prior to a temporary access being granted. In addition, the customer must sign a form certifying that they will only upgrade the serials numbers under active support and grant the rights and access to Tropos to audit the upgrade. 2.2 SOFTWARE UPGRADES AND UPDATES Software updates and upgrades are provided under this plan when they become Generally Available (GA). Note that software update refers to a release which includes modifications, patches, fixes, alterations, improvements, and corrections to the software. Software Upgrade refers to a software release which includes new feature content and enhancements that materially improve functionality or performance of the software. 2.3 24 x 7 ACCESS TO CUSTOMER SUPPORT WEBSITE Eligible customers will receive access to Tropos customer support website 24 x 7; including: Software updates (maintenance and minor feature enhancements), and upgrades, for all Tropos software including Tropos OS, and Tropos Control; Product documentation; and FAQs. 2.4 TROUBLESI-IOOTING SUPPORT PER SLA Troubleshooting support per a defined Service Level Agreement (SLA). The problem severity definitions and response requirements are listed below. This includes remote login to customer networks for assistance and is available on business days from 8am-6pm Pacific Standard Time. Problem Severity Definitions Severity Level Severity Description Severity 1 (SI) Problem causes a complete loss of service in the production environment; no known workaround exists; work cannot reasonably continue and work is halted. Tropos and client will commit all necessary resources around the clock to resolve the situation. Severity 2 (52) Operation of an existing network is severely degraded, or significant aspects of client business operations are negatively affected by inadequate performance of Tropos products. Tropos and client will commit all necessary resources during normal business hours to resolve the situation. 3ctional. (S3) le most business Operationalnetworknce of the l impaired remainSeverity operationsbusiness Tops and client willcommit the required during normal hours to resolve the situation. Feature Request Enhancement request for a new functionality or requests for additional existing products or services. Severity Level VENDOR :--- Response Requirements Joint. Action .. Plan Response Requirements Status Updates _evel;`of Effort 1 Within 1 hr Within 4 h rs Per Action Plan - Within 24 hours, no less than fix problem or daily provide workaround. Work Tropos Networks Support Overview & Software License Agreement Within 24 hours, fix problem or provide workaround. 7 by 24 effort until Interim Fix Time frames defined are desired goats on average and are initiated upon receipt of the escalation 2.5 PHONE AND EMAIL SUPPORT All standard software support programs include unlimited phone and e-mail inquiries during normal business hours, In addition, the support team will provide remote network support for any software updates. All premium support programs include all standard program items plus 24 x 7 phone support. 2.6 REMOTE DIAGNOSTICS All support programs offer remote diagnostics. This enables Tropos Customer Support to remotely diagnosis routE and network problems in an expedited manner. This requires installation of Tropos Control and remote access for Tropos Customer Support. Signed: Title: Corycm (m -if Tropos Networks Support Overview & Software License Agreement to downgrade to Severity2 Work to downgrade to Severity2 2 Within 2 hr M -F 8-5, otherwise next business day. Within 1 business day Per Action Plan - no less than twice per week N/A Provide a solution/fix within 20 days As agreed to in Action Plan or a minimum of M -F 8-5 continuous effort 3 Withinprovide 3 business days within 15 business days Per Action Plan - no less than once per week N/A Within 30 days, a solution or a statement regarding the disposition of the problem. As agreed to in Action Plan Feature Request Review and provide Engineering Response within 30 days Coordinate and escalate as required following Engineering Response N/A N/A Within 30 days of Engineering Response, publish disposition of request (withdrawal or schedule) 8 X 5 Time frames defined are desired goats on average and are initiated upon receipt of the escalation 2.5 PHONE AND EMAIL SUPPORT All standard software support programs include unlimited phone and e-mail inquiries during normal business hours, In addition, the support team will provide remote network support for any software updates. All premium support programs include all standard program items plus 24 x 7 phone support. 2.6 REMOTE DIAGNOSTICS All support programs offer remote diagnostics. This enables Tropos Customer Support to remotely diagnosis routE and network problems in an expedited manner. This requires installation of Tropos Control and remote access for Tropos Customer Support. Signed: Title: Corycm (m -if Tropos Networks Support Overview & Software License Agreement Tropos Networks, Inc. 555 Dal Rey Ave. Sunnyvale, CA 04085 (408) 331-6600 Power and productivity for a better world'-' Quote Number Date of Order HR-CCTX1202I4SU 2 -Dec -14 Purchaser. Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 David Trevino 361-826-3754 dtrevino@cctexas.com Support TROPOS Support - Customer support pr v,,'ded by TROPOS. Includes Software Updates, Bug Fores & Maintenance Releases; Hotline, Web and Email Support 1 SW Support Site License $ 155,833.00 $ 155,833.00 August 1, 2014 • December 31, 2015 Training and Professional Services Notes: (Discount applied to reinstatement) Support Subtotal S Tra°rung and Services Subtotal Support and Services TOTAL GRAND TOTAL 155,633.00 (45,833.00) 110,000.00 110,000.00 110,000.00 Quote Terms and Conations. 1 Payment terms: Net 30 upon prior approval, F.O.B. Tropos marwfacturing facility. 2 Quote expires in 30 days from date of quote. 3 Sales tax and shlpp1g NM be added W final invoice as appropriate. 4 Delivery of the products is EX Works (lncoterms 2000) Seffer's factory or EX Works facility of Se!le('s agent, as designated by Saler. Setter reserves the right to ship Best Way at Hs own expense. 5 This price quotation does not constitute an offer by Tropos to sell products, but is instead an invdation to issue a purchase order to Tropos before the validity date speed in this quotation has expired. Please fax orders to (408) 3315529 or email to 0rderStalus@tropos.cocn Sales Rep: Robertson 050107 I\ 1111 P' IP IP Tropos Networks, Inc. 555 Del Rey Ave. Sunnyvale, CA 94085 (408) 331-6800 Power and productivity for a better world'"' HR-CCTX1114SU Quote Number Date of Order HR-CCTX111914SU 19 -Nov -14 Purchaser: Name: Address: Address: City, State: Country: Contact: Phone #: Fa ail Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 David Trevino 361-826-3754 dtrevino@cctexas.com Ship To: Name: Address: Address: City, State: Country: Contact: Phone #: Fax #: Email Address Support TROPOS Support - Customer support provided by TROPOS. Includes Software Updates, Bug Fixes & Maintenance Releases; Hotline, Web and Email Support 1 SW Support Site License One Year $ 110,000.00 $ 110,000.00 - 12/31/14-12/31/15 Training and Professional Services Notes: 110, 000.00 Support Subtotal 110,000.00 Training and Services Subtotal Support and Services TOTAL GRAND TOTAL 110,000.00 $ 110,000.00 Quote Terms and Conditions: 1 Payment terms: Net 30 upon prior approval, F.O.B. Tropos manufacturing facility. 2 Quote expires in 30 days from date of quote. 3 Sales tax and shipping will be added to final invoice as appropriate. 4 Delivery of the products is EX Works (Incoterms 2000) Seller's factory or EX Works facility of Seller's agent, as designated by Seller. Seller reserves the right to ship Best Way at its own expense. 5 This price quotation does not constitute an offer by Tropos to sell products, but is instead an invitation to issue a purchase order to Tropos before the validity date specified in this quotation has expired. Please fax orders to (408) 331-6529 or email to OrderStatus@tropos.com Sales Rep: Robertson 050107 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: November 21, 2014 TO: Ronald L. Olson, City Manager FROM: Michael Armstrong, Chief Information Officer MichaelAR@cctexas.com (361) 826-3740 Approving the purchase of Tropos professional services. CAPTION: Motion authorizing the City Manager or designee to approve the purchase of professional services from ABB Tropos Networks Inc. of Sunnyvale, California, manufacturers of the Tropos wireless network installed in Corpus Christi, for a total expenditure of $94,500.00. Funds are available in the Municipal Information Systems Department FY2014-2015 budget. PURPOSE: Professional services are needed to upgrade 150 Tropos radios in Flour Bluff, the Island, and Ocean Drive locations that are over 8 years old. Services will include asset validation, configuration optimization, equipment staging, virtualized controller configuration, and implementation, to provide an upgraded and durable wireless environment. Services are expected to last seven weeks with the assistance of two Tropos representatives. BACKGROUND AND FINDINGS: City staff selected Flour Bluff, the Island, and Ocean drive due to an area that has encountered performance issues over the last year. The operation of the wireless network is critical to the function of programs such as AMR, Public Safety, data and voice communications, and various departmental applications. Radios in the identified focus area are more susceptible to environmental conditions due to their proximity to coastal waters. High winds, sea salt, sand, humidity and heat contribute to the deterioration of equipment in the field at a faster rate than those located elsewhere in the City. The professional services provided will support the replacement of radios with the latest model, 7320XA, a hardened radio developed for the extreme conditions experienced in Corpus Christi. ALTERNATIVES: Upgrade equipment using in-house resources over a six-month period. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms with City purchasing policies and procedures. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Municipal Information Systems Department Office of Management and Budget Finance and Purchasing Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $336,440.00 $336,440.00 Encumbered / Expended Amount $6,685.54 $6,685.54 This item $94,500.00 $94,500.00 BALANCE $235,254.46 $235,254.46 Fund(s): 5210 Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: ABB Tropos Networks Inc. quote HR-CCTX111914PS ABB Sole Source on letterhead ABB CCTexas Wireless Mesh Network Professional Services I\ DU Pill IP IP Tropos Networks, Inc. 555 Del Rey Ave. Sunnyvale, CA 94085 (408) 331-6800 Power and productivity for a better world" HR-CCTX111914PS Quote Number Date of Order HR-CCTX111914PS 19 -Nov -14 Purchaser: Name: Address: Address: City, State: Country: Contact: Phone #: Fax #: Email Address: Corpus Christi, TX 1201 Leopard Street Corpus Christi, TX 78401 David Trevino 361-826-3754 dtrevino@cctexas.com Ship To: Name: Address: Address: City, State: Country: Contact: Phone #: Fax #: Email Address: Qty Product Training and Professional Services 1 Professional Services (Professional Services described in proposal.) Notes: Part Number Price/Unit $ 94,500.00 Disc. Disc. Price/Unit $ 94,500.00 Training and Services Subtotal Support and Services TOTAL GRAND TOTAL Ext. Price 94,500.00 94,500.00 94,500.00 94,500.00 Quote Terms and Conditions: 1 Payment terms: Net 30 upon prior approval, F.O.B. Tropos manufacturing facility. 2 Quote expires in 30 days from date of quote. 3 Sales tax and shipping will be added to final invoice as appropriate. 4 Delivery of the products is EX Works (Incoterms 2000) Seller's factory or EX Works facility of Seller's agent, as designated by Seller. Seller reserves the right to ship Best Way at its own expense. 5 This price quotation does not constitute an offer by Tropos to sell products, but is instead an invitation to issue a purchase order to Tropos before the validity date specified in this quotation has expired. Please fax orders to (408) 331-6529 or email to OrderStatus@tropos.com Sales Rep: Robertson 050107 Power and productivity 11 1111 for a better world P IPIP November 18, 2014 Ms. Belinda Mercado Deputy Director City of Corpus Christi, TX 1201 Leopard Street Corpus Christi, TX, 78469-9277 Dear Ms. Mercado, Tropos Networks Inc., a subsidiary of ABB, is the sole source provider for the network configration and professional services for the Tropos Network that is installed in the City of Corpus Christi. The ABB Wireless professional services are not available through any resellers. Th.n you, / d"— Howard Robertson Sales Director ABB Wireless Communication Systems (703) 980-8789 howard.robertson@nam.abb.com ABB Inc. Wireless Communication Systeme Phone: +1 408 331 6800 Fax: +1 408 331 6801 555 Del Rey Avenue Sunnyvale, CA www.abb.com/ epos ('itl,• C077),(c.f ln?e,*i ABB Statement of Work Statement of Work (SOW) /\ ID I! PI IP IP General Provisions ABB Tropos (the term Tropos is defined as Tropos Networks and its approved subcontractors) will provide equipment, software licenses, a site Support Agreement, and professional services for a technology refresh of the City of Corpus Christi, Texas (CCTexas) broadband wireless mesh network in three specified areas. The network is used by CCTexas and other entities for multiple applications, to include: mobile broadband for the City, mobile connectivity for buses, and other municipal functions (e.g. AMR, SCADA, Public Safety, Video Monitoring, Libraries, Public Internet, etc.). The technology refresh equipment shall be comprised of one hundred and fifty (150) of the latest generation ABB Tropos model number 73203130XA wireless mesh routers. The 150 new 7320XA routers shall be used to replace previous generation ABB Tropos 5210 wireless mesh routers. Previous generation ABB Tropos 5210 and 5320 wireless mesh routers may also be relocated for continued use to alternate areas of the network. Professional Services: Seven (7) weeks of on-site professional services, including travel expenses. The following general provisions apply to this project: Mounting Assets: • CCTexas will secure mounting rights for street lights with photo cells, towers, buildings and other electrical distribution assets for the purpose of mounting and powering all Tropos routers and other wireless devices required to complete the project. Lack of access to mounting assets will limit the coverage and effectiveness of the wireless network. • CCTexas will provide locations, power and mounting assets in order to install Gateway routers connected to the City's fiber, point-to-point microwave, or point -to -multipoint microwave systems (Tier 1 backhaul and capacity injection network demarcation points). The City should consider providing as many Tier 1 demarcation connections as possible in order to increase the performance of the mesh. The City will be responsible for providing Ethernet connectivity, including network configurations, security or firewalls at these ABB Tropos mesh Gateway router installation locations (Tier 1 network demarcation points). • CCTexas will provide additional mounting assets where required if not currently available. Responsibilities ABB Tropos Responsibilities • Delivery of Professional Services: Design, engineering, implementation support and optimization support of the ABB Tropos broadband wireless mesh network infrastructure as defined in this document. CCTEXAS Responsibilities • Provide street light mounting assets with photo cell power capabilities. • Provide 90V to 277V power in photo cell compatible receptacle at Tropos Node and Gateway wireless mesh router locations. • Provide warehouse space for equipment receipt and staging. • Provide configuration of the Tropos routers. • Provide electrical grounding of Tropos Routers. Printed: 25 November 2014 1I Prepared by: H. Robertson ABB Statement of Work /\ ID I! PI 1P 1P • Provide suitable mounting locations and Fiber/Ethernet/PTP/PTMP network staff to perform Tier 1 network configuration and testing for network implementation at Tier 1 network demarcation points based on a mutually agreed design. • Provide Ethernet interface or Ethernet Switch at Tropos Gateway wireless mesh router locations. • Provide IT assistance to install and configure Tropos Control management software. • Provide Internet access / connectivity, firewalls, security configurations, VPN, DNS, and DHCP network services via existing network infrastructure as required for network and application testing. • Provide router installation on street lights with photo cells. • Provide roof chase on roof mounted installation and/or provide wall penetration core drilling where required. Table 1— Responsibility Matrix # Corpus Christi ACTIVITY / RESPONSIBLE [P=Primary Responsibility S=Secondary] City of Corpus Christi (CCTexas) ABB Tropos 1 Project prime contractor P 2 Wireless mesh network project management P S 3 Manage union relations (if applicable) P 4 Provide GIS data sets of mounting assets, and existing network elements P 5 Wireless mesh network detailed design S P 6 Identify any exceptional mounting assets or coverage/non-coverage areas P S 7 IP network design P S 8 Wireless mesh network system engineering (on-site and remote) S P 9 Site survey of mounting assets and facilities P S 10 Approve proposed mounting asset / facility locations P 11 Provide storage and staging space P 12 Provide power, access, equipment space for all mounting assets P 13 Provide wireless mesh network equipment and software licenses P 14 Provide and install server hardware or VM for Tropos Control management server software P S 15 Install and configure Tropos Control management server software. S P Printed: 25 November 2014 2I Prepared by: H. Robertson 1 i ON of Corpus ABB Statement of Work 16 Provide fiber and/or wired or wireless Tier 1 network transport from mutually agreed locations to production/office facilities. P 17 Provide 100 Mbps full -duplex wired Ethernet 802.1q VLAN trunk port at Tier 1/ demarcation points for the wireless network at mutually agreed locations. P 18 Provide secure remote access for Tropos engineering, support, and professional services staff to support wireless mesh network deployment, optimization, testing, commissioning, and delivery of ongoing Support services. P 19 Create database of selected and approved mounting asset locations, perform installation planning, and create service work orders for all network installation activity. S P 20 Provide and install if necessary horizontal mast arms to facilitate installation of wireless network equipment at mutually agreed locations. P 21 Manage Tropos Control router database during implementation S P 22 Provide Internet connectivity and gateway P 23 Provide installation crews for installation of the ABB Tropos wireless mesh routers on poles P 24 Provide electrical and wired Ethernet conduit and cabling installation within buildings and other required structures P 25 Provide individually powered photocell adapters on existing street lights or power poles where needed P 26 Configure Tier 1 network elements and connections. P S 27 Create Tropos router Deployment configurations (temporary) P S 28 Create Tropos router Production configurations (final) P S 29 Configure Tropos routers P 30 Create network test plan and scripts P S 31 Cutover network from deployment configuration to production configuration P S Printed: 25 November 2014 /\ 11 1! PI 1P 1P 3I Prepared by: H. Robertson i City of Coryr,- ABB Statement of Work 32 Perform network optimization P S 33 Conduct network performance testing P S 34 Correct network deficiencies (test plan failures), coordinate re -testing as applicable. P S 35 Document final network performance testing results P S 36 Provide "as -built" documentation including internal test results P S 37 Authorize network commissioning for production operational use P Service Area The installation areas of this SOW will be focused on Island, Flour Bluff, and Ocean Drive. /\ ID I! PI 1P 1P Site Survey / Design • Required site surveys will be performed jointly by CCTexas and ABB Tropos for the Mesh Layer installed on street lights and other designated mounting assets for the network implementation. • Individual virtual wireless networks will be defined and configured for each CCTexas user community (up to 16), with assigned ESSID, VLAN, IP subnet, and data traffic routing. Professional Services Tropos and its subcontractors will provide the following services: • Asset validation and data reconciliation to ensure Tropos Control, Tropos router, and GIS data is accurate for the as built network and transferred to designated CCTexas data owner for ongoing accuracy maintenance using established internal CCTexas business process. The asset validation deliverable is a reconciled data set, including location information, and a punch list of network move, add, change activity needed to manage the deployed infrastructure in the focused areas. • Identify and prioritize Gateway reactivation in the CCTexas focus areas. • Support transition to VM environment for Tropos Control. • Support transition of all ABB Tropos mesh infrastructure routers from DHCP to static IP addressing. • Upgrade Tropos Control and all operational routers to most current GA software release. • Support golden (standardized) configuration reconciliation for all router models following upgrade. Ensure configuration backup is activated for the mesh network. • Confirm discovery and manageability of all operational fixed infrastructure mesh routers by Tropos Control. • Support configuration of all Tropos Control network optimization thresholds on the Tropos Control Network Optimization page. • Support prioritization of Tier 1 network demarcation points (fiber, PTP microwave, and PTMP microwave) implementation to meet specified network performance requirements for department applications in the designated focus areas. • Support development of ongoing operational best practices. • Project management of Tropos-provided functions. 4I Printed: 25 November 2014 Prepared by: H. Robertson i City of Cory, - ABB Statement of Work I\ 1111 PI IP IP • Install Tropos Control software on a temporary server hardware (not VM) platform to be supplied by CCTexas. The temporary Tropos Control server is required to be installed to configure the Tropos mesh routers. • During the period while ABB is providing onsite support, ABB will facilitate, in coordination with CCTexas, a weekly change control meeting to review and prioritize network move, add, change activity. • Following each weekly change control meeting, while ABB is providing onsite support, ABB will make written recommendations to CCTexas regarding methods to implement and document approved network changes to the ABB Tropos mesh network that require the use of the Tropos Control network management system. Professional Services Billing Schedule • 25% upon receipt of purchase order • 25% - upon completion of Planning Phase (Google Earth .KMZ showing locations for all routers to be installed. Some routers may be held back as spares at the discretion of CCTexas) • 50% upon deliverable of the final report of network inventory and asset reconciliation. All pricing and the billing schedule is subject to the Terms and Conditions of Tropos Quote HR-CCTX111914PS. To the extent that there are conflicting terms between the quote and other documentation, the terms in the Tropos Quote shall prevail. Staging / Deployment CCTexas will provide a facility (warehouse or office space) for receiving and storing the network equipment during the deployment and testing periods. CCTexas will stage the equipment (code installation and configuration), configure all Tropos network equipment, other wireless equipment and accessories. Tropos will install Tropos Control on a server at a CCTexas location and configure it for remote access. The Tropos Control management server also supports the staging / deployment activity. CCTexas will perform necessary configuration modifications and testing of the existing wired Enterprise network infrastructure in accordance with the mutually agreed network design and in accordance with CCTexas MIS Change Management policy and procedures. These configuration changes include: • Defining and administering network security policy which the network project implementation shall adhere to. • Enabling Ethernet VLAN trunk ports (802.1q) for Tropos Gateway connections. • Allocating required IP Address subnets. • Implementing wired router configuration changes as needed. • Configuring DHCP server to provide reservations for designated IP device interfaces. • Implementing Firewall configuration changes as needed to facilitate application testing. Upon completion of deployment, ABB Tropos shall ensure the network is configured for production operation according to the mutually agreed design and prior to the start of optimization. 5I Printed: 25 November 2014 Prepared by: H. Robertson ABB Statement of Work /\ 1111 PI 1P 1P TROPOS NETWORKS By: By: Printed Name: Printed Name: Title: Title: Date: Date: 61 Printed: 25 November 2014 Prepared by: H. Robertson ('i t, f'1ii 'fi ABB Statement of Work /\ ID I! PI IP IP Appendix A: CCTexas Focus Areas Flour Bluff The ABB Tropos mesh routers located along the eastern edge of Flour Bluff (see purple shaded area on aerial photograph below) are to be replaced with 73203130XA units. Currently there are a mix of 5210 and 5320 routers in this area. These units are subject to constant wind with corrosive salt air content. This is also a specific CCTexas Police Department (PD) area of interest for video camera placement. Google e& © 2014 Google Printed: 25 November 2014 7I Prepared by: H. Robertson 1 i City of Corpus Christi ABB Statement of Work /\ 1111 PI 1P 1P Island (Padre Island/Mustang Island) The ABB Tropos mesh routers located on Padre and Mustang Island (see purple shaded area on aerial photograph below) are to be replaced with 73203130XA units. Currently there are a mix of 5210 and 5320 routers in this area. These units are subject to constant wind with corrosive salt air content. GoogIe`ealir © 2014 Google Printed: 25 November 2014 8I Prepared by: H. Robertson cit,, n f C'n rn,, <. ('/,,.; -1- ABB Statement of Work /\ 1111 PI IP IP Ocean Drive The ABB Tropos mesh routers located along Ocean Drive from the Texas A&M Campus to Coal Park (see purple shaded area on aerial photograph below) are to be replaced with 73203130XA units. Currently there are a mix of 5210 and 5320 routers in this area. These units are subject to constant wind with corrosive salt air content. 0 eo 0 0 0 o 0I0 e0 I® 8,6 a, o o e • o 0 o a °° a ° o 8 00 0 0 °Cta o 0 0 0 - 0 e {{ 0 \Jr_ o Caog 0 2014 Googl- 0 0 0 ii Printed: 25 November 2014 9I Prepared by: H. Robertson AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: November 18, 2014 TO: Ronald L. Olson, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Del Mar College's Procurement Technical Assistance Center (PTAC) for 2015 CAPTION: Resolution Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center (PTAC) to provide grant up to $37,500 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the PTAC Small Business Incentives Agreement. PURPOSE: Approve a Type A Grant for PTAC to assist small businesses through technical assistance for Calendar Year 2015 BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with CCAD to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for $37,500 to hire a full-time person to help in the PTAC planning room. PTAC has been funded for $37,500 for the calendar year 2014 and the Board included PTAC funding in their 2015 budget. The Board has funded PTAC since 2012. During that time PTAC has helped 276 companies. These companies have been awarded $21,904,800 in orders and they have also added 125 fulltime employees. ALTERNATIVES: The help that they provide is not available anywhere else. The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: NON -EMERGENCY DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 37,500 37,500 Encumbered / Expended Amount This item 37,500 37,500 BALANCE 0 0 Fund: Type A Fund 1140 Comments: Council approved the Type A budget for 2014-2015 RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to enter into a Type A agreement with PTAC LIST OF SUPPORTING DOCUMENTS: Resolution Small Business Incentive Agreement PTAC Business Support Agreement Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College Procurement Technical Assistance Center (PTAC) to provide grant up to $37,500 to assist small businesses and authorizing the City Manager, or designee, to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation to administer the PTAC Small Business Incentives Agreement. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from PTAC to assist small businesses within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement to assist small businesses between the Type A Corporation and PTAC; WHEREAS, there is a need for a business incentive project support agreement between the City and the Type A Corporation for the implementation and administration of the business incentives agreement to assist small businesses between the Type A Corporation and PTAC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and PTAC to assist small businesses within the City of Corpus Christi, which agreement is on file with the City Secretary's Office, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentives agreement with PTAC, which agreement is on file with the City Secretary's Office. This resolution takes effect upon City Council approval on this the day of , 2014. RESOLUTION - PTAC ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2014. Corpus Christi, Texas of , 2014 Page 2 of 2 Nelda Martinez Mayor The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Jr. Priscilla G. Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott RESOLUTION - PTAC SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 118th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073 of the Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS. the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.docx 1. Effective Date. The effective date of this Agreement ("Effective Date') is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from January 1, 2015, through December 31, 2015. This agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and City Council apporval. 3. Grant. a. The Corporation will provide $37,500.00 to Del Mar for its Procurement Technical Assistance Center ("Center"), to be used for the salary of a full time position in the Center's plan room. b. In order to receive the grant Del Mar must document that the Procurement Technical Assistance Center's business clients located within the City of Corpus Christi has sought to create at least one new job for each $50000 in contracts awarded by Federal, State, or local agencies, while retaining the jobs of employees employed at the time the bids are submitted, based upon bids submitted with the aid of the Center. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement. the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full-time permanent job is one that provides at least 2,080 hours annually. c. Del Mar agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the contract awarded based upon the bid submitted by the Center's client. d. Del Mar agrees to provide Corporation with a sworn certificates by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the small business. e. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the small businesses assisted under this Agreement. f. Jobs created by a client's subcontractors are considered jobs created by the client. Page 2 of 9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.docx 5. Buy Local Provision. a. Del Mar agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Local Offices. Three members of the staff will be located at Del Mar's Center for Economic Development. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Del Mar has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, Del Mar agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 3 of 9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.dacx 9. Non -Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees"} against ail liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of Del Mar to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. Page 4 of 9 Smafi Business Incentive Agreement - Del Mar PTHC 11 07 14.docx b. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Del Mar makes an assignment for the benefit of creditors. e. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. g. Del Mar changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Del Mar shall immediately repay all funds paid by Corporation under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Del Mar under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. Page 5 of 9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.docx 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. 1t is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2015, through December 31, 2015. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Procurement Manager Page6of9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.docx 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 19. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held Page 7 of 9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.docx illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Del Mar. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect, 26. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to default and the results of uncured default shall survive the termination of this agreement. Remainder of page intentionally left blank Page 8 of 9 Small Business Incentive Agreement - Del Mar PIRG 11 07 14.docx Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Bart Braselton President Rebecca Huerta Assistant Secretary Del Mar College—Corpus Christi Dir. Mark Escamilla, Ph.D. president Date: /9' 6 .19 THE STATE OF TEXAS § COUNTY OF NUECES § ,, This instrument was acknowledged before me on NOVelth (J , 2014, by Dr. Mark Escamilla, Ph.D. for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. otary Public tate of Texas JES A N ALANIZ Notary NAG, State of Texas My Commission Expires 07/16/2016 Page 9 of 9 Small Business Incentive Agreement - Del Mar PTAC 11 07 14.docx SMALL BUSINESS INCENTIVES PROJECT SERVICE AGREEMENT DEL MAR COLLEGE PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Del Mar College ("Del Mar") has submitted a proposal to the Corporation for $37,500.00 for support of its Procurement Technical Assistance Center, which assists businesses within the City by providing information on local bid opportunities with Federal, State, and local agencies; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Del Mar's Procurement Technical Assistance Program; and WHEREAS, the Corporation and Del Mar have executed a small business incentives project agreement for a Procurement Technical Assistance Program. Page 1 of 3 Project Support Agreement - Del Mar PTAC 10 31 14 In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentives Agreement for Del Mar's Procurement Technical Assistance Program between the Corporation and Del Mar ("Small Business Incentives Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentives Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentives Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not Page 2 of 3 Project Support Agreement - Del Mar PTAC 10 31 14 affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation Ronald L. Olson Bart Braselton City Manager President Date: Date: Attest Rebecca Huerta City Secretary Project Support Agreement - Del Mar PTAC 10 31 14 Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for City Council Meeting December 16, 2014 DATE: 11/13/2014 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361-826-3898 Eddie Ortega, Director of Housing and Community Development EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Resolution amending City Council Policy No. 9 CAPTION: Resolution amending Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding housing to include "affordable" housing in the opening paragraph and section d., and by changing the department name in section g.; and reaffirming the objectives and guidelines of the policy. PURPOSE: The purpose of amending Council Policy No. 9 is to; revise the language regarding housing to include "affordable" housing, and amend section d. of the current Resolution by including "affordable" at the beginning of the section and amend section g. by changing Neighborhood Services Department to Housing and Community Development Department. The purpose is also to reaffirm the policy's commitment to the objectives and guidelines. BACKGROUND AND FINDINGS: The Housing and Community Development Department is requesting the passing of a Resolution amending City Council Policy No. 9. The amendment of the policy will revise the language regarding affordable housing, amend section d. of the current Resolution by including "affordable" at the beginning of the section and amend section g. by changing Neighborhood Services Department to Housing and Community Development Department. The Resolution will also reaffirm the policy's commitment to the objectives and guidelines. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required for the amendment of the resolution. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Council Policy No. 9 Resolution Resolution amending City Council Policy No. 9, entitled Community Development Block Grant and HOME Programs by revising the language regarding housing to include "affordable" housing in the opening paragraph and section d., and by changing the department name in section g.; and reaffirming the objectives and guidelines of the policy. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby amends Council Policy No. 9, adopted by Resolution No. 21901 on March 22, 1994, and later amended by Resolution No. 026055 and 026571 on December 14, 2004 and December 20, 2005, respectively, and Resolution No. 030000 on October 29, 2013, revising the language regarding housing to include "affordable" housing, the language of section d. and by changing the department name in section g. to read as follows: "9. Community Development Block Grant and HOME Programs. Through the Community Development Block Grant (CDBG) and HOME Programs, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, dccent affordable housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for affordable housing, appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No CDBG Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Affordable housing Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. External agencies awarded CDBG funds will not be eligible to apply for future CDBG funding until two fiscal cycles have elapsed since the fiscal cycle in which funds were granted. (For example, an external agency awarded CDBG funding in fiscal cycle 2013-2014 will not be eligible to apply for future CDBG funding until the 2016-2017 fiscal cycle.) f. Program income generated from the CDBG Housing Program is a revolving fund and will be applied toward the Single Family Rehabilitation and Reconstruction Loan Program. Program income generated from the CDBG Demolition Program and the Clearance of Vacant Property Program will be applied to each individual program's revolving fund. Program income generated from the HOME Program will be applied towards maintaining or creating affordable housing in the community. g. Annual funding request for CDBG and HOME programs administered through the Ncighborhood Scrviccs Housing and Community Development Department shall be approved in order to ensure that the essential operations of the department are met in accordance with the departments Mission." Section 2. The City Council hereby reaffirms its commitment to the objectives and guidelines contained in Council Policy No. 9, as amended by this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas day of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for the City Council Meeting of December 16, 2014 DATE: TO: November 20, 2014 Ronald L. Olson, City Manager THRU: Eddie Ortega, Director EddieO@cctexas.com 826-3234 FROM: Kelly Fry, Program Manager kellyf@cctexas.com 826-3027 Approval to execute an Affordable Housing Agreement between the City of Corpus Christi and the Corpus Christi Business & Job Development Corporation CAPTION: Motion to approve the agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the TYPE A Affordable Housing Program Services. PURPOSE: Authorizing the City Manager or designee to approve an agreement between the City of Corpus Christi and the Corpus Christi Business & Job Development Corporation for the administration of Type A Affordable Housing Program Services. BACKGROUND AND FINDINGS: The City of Corpus Christi, through the Housing Divison of the Housing and Community Development Department manages various affordable housing activities that are funded by the Corpus Christ Business & Job Development Corporation. This agreement, between the City and the Corporation, is executed to implement the promotion and development of an affordable housing project described in the attachment and is incorporated in this agreement by reference. The parties have approved this agreement in the amount of $749,231. This amount includes $249,231 from funds not yet spent and rolled over from fiscal year 2013-2014 and $500,000 from fiscal year 2014-2015. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms to City of Corpus Christi policy. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Department Finance Department FINANCIAL IMPACT: NONE X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $749,231 $749,231 BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the Agreement between the City of Corpus Christi and the Corpus Christi Business & Job Development Corporation. LIST OF SUPPORTING DOCUMENTS: Agreement Exhibit A AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR TYPE A AFFORDABLE HOUSING PROGRAM SERVICES This Agreement for Type A Affordable Housing Programs Services ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City") a Texas home rule municipality. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the City through its Housing and Community Development Department ("Department") manages several programs to assist eligible citizens with affordable housing; WHEREAS, the City is willing to provide the services that the Board wishes to fund and has provided these services in the past for the Board; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the City be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in Exhibit "A" of this Agreement; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the City is executed to implement the promotion and development of an affordable housing project described in Exhibit "A" and is incorporated in this Agreement by reference. The parties have approved this Agreement in the amount of $749,231. This amount includes $249,231 from funds not yet spent and rolled over from fiscal year 2013-2014 and $500,000 from fiscal year 2014-2015. Page 1 of 3 2. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Agreement. 3. Term. The term of this Agreement is from October 1, 2014 until September 30, 2015. 4. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 4. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President, Bart Braselton 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn.: Director of Housing and Community Development Department P.O. Box 9277 Corpus Christi, Texas 78469-9277 City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 6. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Page 2 of 3 CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION Signature Printed name: Date: Title ATTEST: CITY OF CORPUS CHRISTI Susan Thorpe City Secretary Assistant City Manager Date: Date: APPROVED AS TO FORM: Julian Grant Assistant City Attorney Attorney for Corporation Deborah Brown Assistant City Attorney Attorney for City Housing and Community Development Page 3 of 3 EXHIBIT A CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing — Existing Housing Inventory Guidelines for the Program and Criteria for Application (Revised July 7, 2014) Corpus Christi Business and Job Development Corporation Affordable Housing — Existing Housing Inventory Guidelines for the Program and Criteria for Application I. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance. II. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance for the purchase of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the Metropolitan Statistical Area as determined by HUD. Funds may not be used for closing costs. The intent is to provide general terms/guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan up to $20,000. The term of affordability will be 10 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends then he remaining period will be pro rated and must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Any funds repaid by the homebuyer as a result of sale of the property will be used to assist other homebuyers. The funding will be available on a first come, first serve basis and as funds are available. Homebuyers can participate in only one of the two Type A Affordable Housing programs or any other Affordable Housing program administered by the City of Corpus Christi per fiscal year. III. Housing Standards: Any work that is performed on the home being purchased must be in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. Any new improvements made to the house being purchased must comply and be approved through the State Board of Insurance Windstorm Codes. A certificate must be provided as evidence of compliance. The house must meet FHA and VA requirements. The house can not be located in a 100 year flood plain. If the house being purchased was built prior to 1978, the seller must provide evidence that the house has been tested and is lead free in accordance with HUD Lead Base Paint Regulations. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD's Section 8 Program (see Income Table). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. Prospective homebuyers shall attend a HUD approved Homebuyer Education Class. The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development Department will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. The homebuyer will be issued a Commitment Letter after the review of all submitted documents. The Commitment Letter will expire 60 days from the date of issuance. A 30 day extension may be given at the sole discretion of the Housing and Community Development Department. The homebuyer cannot have ownership in any real estate property or ownership in any house. V. Lender Requirements: The Lender will be required to submit the following: o Copy of escrowed earnest money contract; o Final certified HUD 1003 application with signatures; o Six most recent bank statements; o Lender's employment verification; o Paycheck stubs for past 6 months; o Current federal/state issued picture identification for all purchasing members; o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card and Green card; o Social Security cards for all purchasing members; o Proof of all assets; o Certified appraisal o Underwriter's Summary Worksheet; and o Homebuyer class certificate issued by a HUD approved agency. VI. Title Company Requirements: The Title Company will be responsible for ensuring that all documents are complete and correct. At closing, the Title Company will provide the Housing and Community Development Department, the following: • An itemization of the closing costs (Settlement Statement); • Deed of Trust and Promissory Note; and • Warranty Deed. The Title Company will execute the City of Corpus Christi's Deed of Trust and Promissory Note and forward original's to the City. The Title Company will file one original Deed of Trust and one original Promissory Note with the Nueces County Courthouse file of records. Housing and Community Development will give the Title Company approval for closing and will process check to be issued to the Title Company. The processing of the check takes five working days, from the date and time approval is given to close. Title Company will ensure there are no existing liens, judgments, etc. against the property being purchased by the homebuyer. ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) Family Size 1 2 3 4 5 6 7 8 Annual Income 29,500 33,700 37,900 42,100 45,500 48,850 52,250 55,600 Revised 01/2014: Income limits are established by HUD and are subject to change without notice. The United States Department of Housing and Urban Affairs (HUD) released the Median Purchase Price of a home for the Corpus Christi Metropolitan Area. The Housing and Community Development Department is currently utilizing the following maximum price limits; - Newly Constructed Home ($151,905.00) - Existing Inventory Home ($134,000.00) CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing - New Construction Program Guidelines for the Program and Criteria for Application (Revised July 7, 2014) City of Corpus Christi E4 %L 1-F4US f' QPPORTUNITT Corpus Christi Business and Job Development Corporation Affordable Housing - New Construction Program Guidelines for the Program and Criteria for Application I. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to buy down the final purchase price of a home. II. General Program Description: The funding is available to qualified builders for the purpose of buying down the final purchase price of the affordable home. The intent is to provide general terms/guidelines as not to limit builders on the specific use of the funds, but rather accomplish the buy down of the final purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan up to $20,000 per home. The term of affordability will be 10 years. The loan will be amortized over the specified affordability period commencing on the closure date. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Any funds repaid by the homebuyer as a result of sale of the property will be used to assist other homebuyers. The funding will be available on a first come, first serve basis and as funds are available. Builders can participate in only one of the two 4A Affordable Housing programs or any other Affordable Housing program administered by the City of Corpus Christi per fiscal year. III. Builder Eligibility: The City of Corpus Christi will review the federal "Debarred" list of contractors and subcontractors for clearance to proceed as assurance we are working with creditable contractors. The City will also check the status of the builder with the Texas Residential Construction Commission's website, which will provide the builder's registration status as of August 31, 2009. This information will be used to determine if further inquiry is needed to determine whether the builder is capable of meeting the program's expectations. IV. Construction Standards: The work will be performed in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. The house must comply with the State Board of Insurance Windstorm Codes. The house must meet FHA and VA requirements. The house cannot be located in a 100 year flood plain. The house must be constructed for wheel chair accessibility. (Door widths, blocking for grab bars, no step entrance.) V. Homebuyer Eligibility: Prospective homebuyers shall attend a HUD approved Homebuyer Education Class. The household size will be determined by the Housing and Community Development Department. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents. The homebuyer will be issued a Commitment Letter after the review of all submitted documents. The Commitment Letter will expire 60 days from the date of issuance. A 30 day extension may be given at the sole discretion of the Housing and Community Development Department. The homebuyer cannot have ownership in any real estate property or ownership in any house. VI. Lender Requirements: The Lender will be required to submit the following: o Copy of escrowed earnest money contract; o Final certified HUD 1003 application with signatures; o Six most recent bank statements; o Lender's employment verification; o Paycheck stubs for past 6 months; o Current federal/state issued picture identification for all purchasing members; o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card and Green card; o Social Security cards for all purchasing members; o Proof of all assets; o Certified appraisal o Mortgage Credit Analysis Worksheet; and o Homebuyer class certificate issued by a HUD approved agency. VII. Title Company Requirements: The Title Company will be responsible for ensuring that all documents are complete and correct. At closing, the Title Company will provide Housing and Community Development Department, the following: • An itemization of the closing costs (Settlement Statement); • Deed of Trust and Promissory Note; and • Warranty Deed. The Title Company will execute the City of Corpus Christi's Deed of Trust and Promissory Note and forward original's to the City. The Title Company will file one original Deed of Trust and one original Promissory Note with the Nueces County Courthouse file of records. Neighborhood Services Department will give the Title Company approval for closing and will process check to be issued to the Title Company. The processing of the check takes five working days, from the date and time approval is given to close. Title Company will ensure there are no existing liens, judgments, etc. against the property being purchased by the homebuyer. VIII. Application Criteria and Process: Builders will be required to submit an application requesting the use of funds based on the following: o Narrative of the Proposed Project(s) o Qualifications and Experience Information o Financial Capabilities o Disclosure of Interest Form o Conflict of Interest Questionnaire Form ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) Family Size 1 2 3 4 5 6 7 8 Annual Income 29,500 33,700 37,900 42,100 45,500 48,850 52,250 55,600 Revised 01/2014: Income limits are established by HUD and are subject to change without notice. The United States Department of Housing and Urban Affairs (HUD) released the Median Purchase Price of a home for the Corpus Christi Metropolitan Area. The Housing and Community Development Department is currently utilizing the following maximum price limits; - Newly Constructed Home ($151,905.00) - Existing Inventory Home ($134,000.00) EXHIBIT A CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing — Existing Housing Inventory Guidelines for the Program and Criteria for Application (Revised July 7, 2014) Corpus Christi Business and Job Development Corporation Affordable Housing — Existing Housing Inventory Guidelines for the Program and Criteria for Application I. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to be utilized for down payment assistance. II. General Program Description: The funding is available to qualified homebuyers for the purpose of providing down payment assistance for the purchase of an affordable home. Affordable housing is any house with a purchase price which does not exceed 95% of the Metropolitan Statistical Area as determined by HUD. Funds may not be used for closing costs. The intent is to provide general terms/guidelines in order to accomplish the buy down of the purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan up to $20,000. The term of affordability will be 10 years. The loan will be amortized over the specified affordability period, commencing on the closure date, and forgiven at a rate of $2,000 per year for every year the homebuyer lives in the house. Should the homebuyer move out before the affordability period ends then he remaining period will be pro rated and must be paid back. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Any funds repaid by the homebuyer as a result of sale of the property will be used to assist other homebuyers. The funding will be available on a first come, first serve basis and as funds are available. Homebuyers can participate in only one of the two Type A Affordable Housing programs or any other Affordable Housing program administered by the City of Corpus Christi per fiscal year. III. Housing Standards: Any work that is performed on the home being purchased must be in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. Any new improvements made to the house being purchased must comply and be approved through the State Board of Insurance Windstorm Codes. A certificate must be provided as evidence of compliance. The house must meet FHA and VA requirements. The house can not be located in a 100 year flood plain. If the house being purchased was built prior to 1978, the seller must provide evidence that the house has been tested and is lead free in accordance with HUD Lead Base Paint Regulations. IV. Homebuyer Eligibility: Prospective homebuyers shall meet the gross annual income limits adjusted for family size as determined by HUD's Section 8 Program (see Income Table). The Housing and Community Development Department (HCD) will determine the applicant's anticipated annual gross income. Anticipated annual gross income is an estimation of future income a purchasing household expects to receive based upon their current and future monthly income annualized over a 12 month period. Some examples of future income are bonuses, pay raises, commissions or over time. Prospective homebuyers shall attend a HUD approved Homebuyer Education Class. The purchasing household size will be determined by the Housing and Community Development Department using HUD's definition of purchasing household. Purchasing household includes all persons who will be occupying the units as their permanent residence. A member of a household is considered to a permanent member of the household if they have been living as a member of the household for at least six months or more. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development Department will make a determination of eligibility at the time the mortgage lender submits the required documents listed in section (V. Lender Requirements) below. The homebuyer will be issued a Commitment Letter after the review of all submitted documents. The Commitment Letter will expire 60 days from the date of issuance. A 30 day extension may be given at the sole discretion of the Housing and Community Development Department. The homebuyer cannot have ownership in any real estate property or ownership in any house. V. Lender Requirements: The Lender will be required to submit the following: o Copy of escrowed earnest money contract; o Final certified HUD 1003 application with signatures; o Six most recent bank statements; o Lender's employment verification; o Paycheck stubs for past 6 months; o Current federal/state issued picture identification for all purchasing members; o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card and Green card; o Social Security cards for all purchasing members; o Proof of all assets; o Certified appraisal o Underwriter's Summary Worksheet; and o Homebuyer class certificate issued by a HUD approved agency. VI. Title Company Requirements: The Title Company will be responsible for ensuring that all documents are complete and correct. At closing, the Title Company will provide the Housing and Community Development Department, the following: • An itemization of the closing costs (Settlement Statement); • Deed of Trust and Promissory Note; and • Warranty Deed. The Title Company will execute the City of Corpus Christi's Deed of Trust and Promissory Note and forward original's to the City. The Title Company will file one original Deed of Trust and one original Promissory Note with the Nueces County Courthouse file of records. Housing and Community Development will give the Title Company approval for closing and will process check to be issued to the Title Company. The processing of the check takes five working days, from the date and time approval is given to close. Title Company will ensure there are no existing liens, judgments, etc. against the property being purchased by the homebuyer. ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) Family Size 1 2 3 4 5 6 7 8 Annual Income 29,500 33,700 37,900 42,100 45,500 48,850 52,250 55,600 Revised 01/2014: Income limits are established by HUD and are subject to change without notice. The United States Department of Housing and Urban Affairs (HUD) released the Median Purchase Price of a home for the Corpus Christi Metropolitan Area. The Housing and Community Development Department is currently utilizing the following maximum price limits; - Newly Constructed Home ($151,905.00) - Existing Inventory Home ($134,000.00) CITY OF CORPUS CHRISTI Corpus Christi Business and Job Development Corporation Affordable Housing - New Construction Program Guidelines for the Program and Criteria for Application (Revised July 7, 2014) City of Corpus Christi E4 %L 1-F4US f' QPPORTUNITT Corpus Christi Business and Job Development Corporation Affordable Housing - New Construction Program Guidelines for the Program and Criteria for Application I. Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to buy down the final purchase price of a home. II. General Program Description: The funding is available to qualified builders for the purpose of buying down the final purchase price of the affordable home. The intent is to provide general terms/guidelines as not to limit builders on the specific use of the funds, but rather accomplish the buy down of the final purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan up to $20,000 per home. The term of affordability will be 10 years. The loan will be amortized over the specified affordability period commencing on the closure date. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Any funds repaid by the homebuyer as a result of sale of the property will be used to assist other homebuyers. The funding will be available on a first come, first serve basis and as funds are available. Builders can participate in only one of the two 4A Affordable Housing programs or any other Affordable Housing program administered by the City of Corpus Christi per fiscal year. III. Builder Eligibility: The City of Corpus Christi will review the federal "Debarred" list of contractors and subcontractors for clearance to proceed as assurance we are working with creditable contractors. The City will also check the status of the builder with the Texas Residential Construction Commission's website, which will provide the builder's registration status as of August 31, 2009. This information will be used to determine if further inquiry is needed to determine whether the builder is capable of meeting the program's expectations. IV. Construction Standards: The work will be performed in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. The house must comply with the State Board of Insurance Windstorm Codes. The house must meet FHA and VA requirements. The house cannot be located in a 100 year flood plain. The house must be constructed for wheel chair accessibility. (Door widths, blocking for grab bars, no step entrance.) V. Homebuyer Eligibility: Prospective homebuyers shall attend a HUD approved Homebuyer Education Class. The household size will be determined by the Housing and Community Development Department. Homebuyer's cash on hand cannot exceed program limits. Housing and Community Development will make a determination of eligibility at the time the mortgage lender submits the required documents. The homebuyer will be issued a Commitment Letter after the review of all submitted documents. The Commitment Letter will expire 60 days from the date of issuance. A 30 day extension may be given at the sole discretion of the Housing and Community Development Department. The homebuyer cannot have ownership in any real estate property or ownership in any house. VI. Lender Requirements: The Lender will be required to submit the following: o Copy of escrowed earnest money contract; o Final certified HUD 1003 application with signatures; o Six most recent bank statements; o Lender's employment verification; o Paycheck stubs for past 6 months; o Current federal/state issued picture identification for all purchasing members; o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card and Green card; o Social Security cards for all purchasing members; o Proof of all assets; o Certified appraisal o Mortgage Credit Analysis Worksheet; and o Homebuyer class certificate issued by a HUD approved agency. VII. Title Company Requirements: The Title Company will be responsible for ensuring that all documents are complete and correct. At closing, the Title Company will provide Housing and Community Development Department, the following: • An itemization of the closing costs (Settlement Statement); • Deed of Trust and Promissory Note; and • Warranty Deed. The Title Company will execute the City of Corpus Christi's Deed of Trust and Promissory Note and forward original's to the City. The Title Company will file one original Deed of Trust and one original Promissory Note with the Nueces County Courthouse file of records. Neighborhood Services Department will give the Title Company approval for closing and will process check to be issued to the Title Company. The processing of the check takes five working days, from the date and time approval is given to close. Title Company will ensure there are no existing liens, judgments, etc. against the property being purchased by the homebuyer. VIII. Application Criteria and Process: Builders will be required to submit an application requesting the use of funds based on the following: o Narrative of the Proposed Project(s) o Qualifications and Experience Information o Financial Capabilities o Disclosure of Interest Form o Conflict of Interest Questionnaire Form ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) Family Size 1 2 3 4 5 6 7 8 Annual Income 29,500 33,700 37,900 42,100 45,500 48,850 52,250 55,600 Revised 01/2014: Income limits are established by HUD and are subject to change without notice. The United States Department of Housing and Urban Affairs (HUD) released the Median Purchase Price of a home for the Corpus Christi Metropolitan Area. The Housing and Community Development Department is currently utilizing the following maximum price limits; - Newly Constructed Home ($151,905.00) - Existing Inventory Home ($134,000.00) CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with NA=. FIRM NAME: STREET. CITY: ZIP: FIRM is: 1. Corporation [ j 2. Partnership [ j 3. Sole Owner [ j 4. Association [ 5. Other [j DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person Date: DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non- profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deouty City Manager, Assistant City Managers, Department and Division Heads and Vlunicipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 16, 2014 Agenda Item: Motion to approve the agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation for the TYPE A Affordable Housing Program Services. Amount Required: $749,231 Fund Name Accounting Unit Account No. Activity No. Amount Corpus Christi Business and Job Development Corporation (Type A) 1140-15000-132 530000 - $749,231 Total $749,231 ❑ Certification Not Required Director of Financial Services Date: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 9, 2014 Action Item for City Council Meeting December 16, 2014 DATE: 11/24/2014 TO: Ronald L. Olson, City Manager THRU: Susan Thorpe, Assistant City Manager SThorpe@cctexas.com 361-826-3898 Eddie Ortega, Director of Housing and Community Development EddieO@cctexas.com 361-826-3234 FROM: Rudy Bentancourt, CD Administrator RudyB@cctexas.com 361-826-3021 Resolution in support of the proposed revitalization of the Corpus Christi Housing Authority — La Armada II Public Housing Complex CAPTION: Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed revitalization of the La Armada II Public Housing Complex. PURPOSE: The proposed resolution is requesting the Corpus Christi City Council to support the proposed La Armada II Complex Revitalization Plan in order to seek additional funding for the purpose of revitalizing the complex. BACKGROUND AND FINDINGS: The Corpus Christi Housing Authority — La Armada II Complex was constructed in 1939. This 400 unit affordable rental housing complex is in dire need of revitalization and currently has 93 units not in use due to deterioration. The Corpus Christi Housing Authority is proposing a redevelopment of the La Armada II Complex and is seeking funding from various "affordable housing" sources both local and federal. The Corpus Christi Housing Authority will be submitting an Operating Fund Financing Program application to the U.S. Department of Housing and Urban Development in order to secure local grant funds in order to fill the gap for the proposed revitalization of the La Armada II Complex. The Corpus Christi Housing Authority is requesting the formal support of the City Council. This support will allow for the submission of various needed funding applications. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council approval is required for the amendment of the resolution. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation — La Armada II Revitalization Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed revitalization of the La Armada II Public Housing Complex. Whereas, the Housing Authority of Corpus Christi is a Public Governmental Entity charged with providing Safe, Decent, and Affordable Housing to residents of Corpus Christi on behalf of the city of Corpus Christi; and Whereas, the La Armada II is a 400 -unit Public Housing Complex of the Housing Authority of Corpus Christi; and Whereas, La Armada II has faithfully served generations of families in Corpus Christi since its construction in 1939; and Whereas, 93 La Armada II units are currently off-line and not for use due to deterioration; and Whereas, Corpus Christi has a widely recognized need for affordable housing including Public Housing units and returning the off-line units will help address the city's growing affordable housing and homelessness needs; and Whereas, the Housing Authority of Corpus Christi has proposed a development of the La Armada II Complex at an estimated cost of approximately $5.3 million; and Whereas, the Housing Authority of Corpus Christi plans to submit an Operating Fund Financing Application through the US Department of Housing and Urban Development in the amount of $3.5 million; and Whereas, the Housing Authority of Corpus Christi plans to utilize U.S. Department of Housing and Urban Development Capital Fund Program funding in the amount of $1.3 million; and Whereas, a funding gap remains, and the Housing Authority plans to submit a grant application for Corpus Christi Type A Funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council for the City of Corpus Christi hereby supports the proposed La Armada II Complex Revitalization Plan, as presented to the City Council by the Corpus Christi Housing Authority's CEO on December 9, 2014. Section 2. The City Council for the City of Corpus Christi hereby supports the proposed use of U.S. Department of Housing and Urban Development Capital Fund Program resources for the revitalization of the La Armada II Complex. CCHA Resolution Dec 3 2014 Section 3. The City Council for the City of Corpus Christi hereby supports the Housing Authority's efforts to identify and secure local grant funds to fill the identified funding gap. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas day of , 2014 The above resolution was passed by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott CCHA Resolution Dec 3 2014 LA ARMADA II REVITALIZATION Corpus Christi Housing Authority Gary Allsup, CEO City Council Presentation December 9, 2014 Corpus Christi Housing Authority .112g,601\- Affordable 12gput Affordable Housing Definition...it depends • According to Tax Credit Industry 60%AMI • According to HUD 30% to 80%AMI • According to realtors homes up to $150,000 • Generally, most definitions agree that housing expense should not exceed 30-35% of gross income Corpus Christi Housing Authority ��c4�s C//;,. it -11),R- Who 1)g Who is eligible for assisted housin? Family 1 Low Income (<80% AMI) LIHTC Limit (<60% AMI) Very Low Income (<50% AMI) Extremely Low Income (<30% AMI) $29,500 / year ($14.18 / hour) $22,980 ($11.05/hour) $18,450 ($8.87/hour) $11,100 ($5.34/hour) $33,700 / year ($16.20 / hour) $26,280 ($12.63/ hour) $21,050 ($10.12/ hour) $12,650 ($6.08/hour) $42,100 / year ($20.14 / hour) $32,820 ($15.78/ hour) $26,300 ($12.64/ hour) $15,800 ($7.60/hour) Corpus Christi Housing Authority La Armada II - Overview • Public Housing Complex • Serves low income residents <80% AMI • Most residents earn <30% AMI • Typical family earns just over $9,000 per year, or $750 per month • Pay 30% of their income as rent Corpus Christi Housing Authority La Armada II - Today • After 70 years of use, the property is in desperate need of revitalization • Currently 93 of its 400 units have been removed from service due to physical deterioration Corpus Christi Housing Authority Corpus Christi Housing Authority Corpus Christi Housing Authority La Armada 11 Corban Townhomes 8 Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After 10 Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After 11 Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After A 12 Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After 14 Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After 15 Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After Corpus Christi Housing Authority La Armada 11 - Before La Armada 11 - After 9008 hall Corpus Christi Housing Authority Corpus Christi Housing Authority Corpus Christi Housing Authority Board of Commissioners Plan • Return the 93 vacant units to service • Update internal plumbing and baths for the remaining 307 units • Update the building facades • Re -roof the complex Corpus Christi Housing Authority COST SUMMARY Full Interior Baths Exterior (per building) Roofing (per building) Units Per Unit Extended 93 $10,000 $930,000 307 $1,500 $460,500 307 $3,200 $982,400 71 $23,000 $1,633,000 71 $18,000 $1,278,000 Total $5,283,900 21 Corpus Christi Housing Authority Funding Sources Amount $3,500,000 $1,300,000 $250,000 $5,300,000 22 Corpus Christi Housing Authority Rehab vs New Construction • Rehab....$5.3 million • New Construction... $50 - 60 million - (400 units at $125,000 to $140,000 per unit) Corpus Christi Housing Authority Community Impact • 93 New Housing Units • Improved quality of life for additional 307 families • Neighborhood Revitalization • Port Avenue Revitalization • 10 Fold Return on Community Investment Corpus Christi Housing Authority 25 AGENDA MEMORANDUM City Council Meeting of December 9, 2014 DATE: TO: Ronald L. Olson, City Manager November 18, 2014 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com 361-826-3897 THRU: Valerie H. Gray, P.E., Interim Executive Director, Public Works ValerieG@cctexas.com 361-826-3729 FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM @cctexas.com 361-826-1972 UPDATE TO CITY COUNCIL Brush Cycle Collection Change STAFF PRESENTER(S): Name 1. Lawrence Mikolajcyzk OUTSIDE PRESENTER(S): Title/Position Director Department Solid Waste Operations Name Title/Position Organization 1. BACKGROUND: Staff will be providing an overview of changes to the Brush Cycle Collection Change scheduled to become effective February 20, 2015. LIST OF SUPPORTING DOCUMENTS: PowerPoint — Brush Cycle Collection Change Solid Waste Operations Brush Cycle Collection Change Council Presentation December 9, 2014 Brush / Bulky Cycle Collection Change Objectives of Change: • Relief of debris in streets • Diminish unsightly piles of debris • Major part of Litter Reduction program • Stormwater drainage system Brush / Bulky Collection Schedule 1 Annual Cycles Authorized set out days Scheduled Collection Days Annual Total Days Brush/Bulky in Front of Residences km=imi Proposed 4 9 5@8hours 70 3 4@ 10 hours 28 3 Schedule SET OUT SCHEDULE for 2015 thru 2016 Collection Areas Brush Si.Bulky Items set out dates Collection Period Brush Collections set out dates Collection Period Brush & Bulky Items set out dates Collection Period Brush Cotlections set out dates Collection Period 2/20 • 2/22/15 2/23 • 2/26 5/29 • 5/31 6/1 -6/4 8/21. 8/23 8/24. 8/27 11/27. 11/29 11/30- 12/3 IIIMII 2/27. 3/1 3/2 • 3/5 8/28. 8/30 8/31 - 9/3 3/6 - 3/8 3/2 • 3/5 6/5 • 6/7 6/8 - 6/11 9/4. 9/6 9/7. 9/10 12/4 - 12/6 12/7. 12/10 3/13 - 3/15 3/16. 3/19 6/12 • 6/14 6/15 -6/18 9/11 - 9/13 9/14 - 9/17 12/11 - 12/13 12/14 - 12/17 3/20. 3/22 3/23 • 3/26 9/18 - 9/20 9/21 - 9/24 Area 4 3/27. 3/29 3/30.4/2 6/19 • 6/21 6/22 - 6/25 9/25 - 9/27 9/28. 10/1 1/1 - 1/3/2016 1/4 • 1/7 4/3 - 4/5 4/6 - 4/9 6/26 - 6/28 6/29 - 7/2 10/2 - 10/4 10/5 - 10/8 1/8 -1/10 1/11 - 1/14 Area 5 4/10.4/12 4/13.4/16 7/10.7/12 7/13 -7/16 10/9. 10/11 10/12 - 10/15 1/15.1/17 1/18. 1/21 Area 6 4/17. 4/19 4/20. 4/23 7/17 • 7/19 7/20 -7/23 10/16. 10/18 10/19. 10/22 1/22. 1/24 1/25 • 1/28 4/24. 4/26 4/27 • 4/30 10/23 - 10/25 10/26 - 10/29 Area 8 5/1.5/3 5/4. 5/7 7/24.7/26 7/27.7/30 10/30.11/1 11/2.11/5 1/29.1/31 2/1 • 2/4 5/8. 5/10 5/11 • 5/14 7/31. 8/2 8/3 -8/6 11/6. 11/8 11/9. 11/12 2/5.2/7 2/8 -2/11 Area 9 5/15. 5/17 5/18. 5/21 8/7 - 8/9 8/10.8/13 11/13. 11/15 11/16.11/19 2/12.2/14 2/15. 2/18 Area in Completion ofCycle #1 Completion ofCycle #2 Completion of Cycle#3 Completlon of Cycle #4 4 Map (Areas A10, A9, A7A & B) 5 Map (Areas A8, A6, A5, A4, A3 A& B, A2, Al A&B, ) Gulf of Mcxicc