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Agenda Packet City Council - 06/21/2016
Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, June 21, 2016 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 Monica Martinez, Greater Faith Church. C. Pledge of Allegiance to the Flag of the United States to be led by Yvette Aguilar - Assistant City Attorney. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 16-0683 Proclamation declaring June 21, 2016, "American Airlines 35th Anniversary Celebration of Service in Corpus Christi". Proclamation declaring June 26, 2016, "Ms. Coastal Bend Senior Pageant Day". Proclamation declaring June 30 - July 4, 2016, "39th Annual Mayor's July 4th Big Bang Celebration". Proclamation declaring July 2016, "Parks and Recreation Month". Swearing-in Ceremony for Newly Appointed Board, Commission and Committee Members. Corpus Christi Page 1 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 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 choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. 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. MINUTES: 2. 16-0684 Regular Meeting of June 14, 2016. I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. 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. K. CONSENT AGENDA: (ITEMS 3 - 14) 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 Corpus Christi Page 2 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 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. 3. 16-0573 Resolution authorizing submission of grant application for a Federal grant and Interlocal Agreement for grant funds Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. Attachments: Agenda Memo - JAG application 06.14.2016 Resolution - Apply Edward Byrne Grant & Interlocal 2016 Interlocal - JAG 2016 4. 16-0469 Resolution awarding Service Agreements for Bayfront and Medians Turf and Grounds Maintenance and Stormwater Improved Rights -of -Way Mowing Resolution finding the lowest, responsive, responsible bidder for mowing services by grouped acreage in response to Bid Event No. 104, 110, 111, 112, 113, 114 and 115; awarding a service agreement to the lowest, responsive, responsible bidder for each acreage group; and authorizing the City manager or designee to execute a service agreement with the lowest, responsive, responsible bidder for each acreage group for a total cost of $288,905.73 of which $72,226.43 is required for the remainder of FY 2015-2016. Agreements will be for one year with an option to extend for up to four additional one year terms, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Parks and Recreation Department in FY 2015-2016. Cut Masters Lawn Service Corpus Christi, Texas $13,692.00 Texas Gulf Coast Contracting dba Gulf Coast Maintenance Corpus Christi, Texas Dorame General Repair & Lawn Corpus Christi, Texas $139,349.13 La Med Facility maintenance, Inc. San Antonio, Texas $37,483.60 Corpus Christi Page 3 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 $98,381.00 Attachments: Agenda Memo - Storm Water Improved Rights -Of -Way Strip Mowing and Bayfrc Resolution - Events 104 110 to 115 vFinal2 Award Summary - Bayfront Parks and Medians Turf and Grounds Maintenance Maps Service Agreement - Mowing Cut Masters RFB 104 Form 1295 - Cut Masters Contract Service Agreement - Mowing Dorame RFB 110 Form 1295 - Dorame Contract Service Agreement - Mowing Dorame RFB 113 Form 1295 - Dorame Contract Service Agreement - Mowing Gulf Coast RFB 111 Form 1295 - Gulf Coast Contract Service Agreement - Mowing Gulf Coast RFB 115 Form 1295 - Gulf Coast Contract Service Agreement - Mowing LaMed RFB 112 Form 1295 - La Med Contract Service Agreement - Mowing LaMed RFB 114 Form 1295 - La Med Contract 5. 16-0548 Supply Agreement for chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant Motion approving a Supply Agreement with Carus Corporation, Peru, Illinois, for approximately 720,000 wet pounds of Sodium Permanganate in accordance with Bid Invitation No. 118, based on the lowest, responsive and responsible bid for a not to exceed amount of $878,400.00 of which $219,600.00 is required for the remainder of FY 2015-2016. The term of the agreement shall be for one year with an option to extend for up to two one year terms, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2015-2016. Attachments: Agenda Memo - Sodium Permanganate.docx Bid Tab - Sodium Permanganate.xls Supply Agreement - Sodium Permanganate (3) Form 1295 - Sodium Permanganate 6. 16-0530 Engineering Design Contract Amendment No. 3 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement Motion authorizing the City Manager, or designee, to proceed with Corpus Christi Page 4 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 delivery order preparation by executing Amendment No. 3 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $328,350, for a total restated fee not to exceed $645,790 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. Attachments: Agenda Memo - Water IDIQ Project Budget - Water IDIQ Location Map - Water IDIQ Contract - Water IDIQ Presentation - Water IDIQ Form 1295 - Water IDIQ.pdf 7. 16-0568 Construction Contract and Materials Testing Agreement for Kostoryz Road from Brawner Parkway to Staples Street (Bond 2012, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,796,224.60 and a construction materials testing agreement with Rock Engineering and Laboratory, Inc. in the amount of $64,924.00 for Kostoryz Road from Brawner Parkway to Staples Street. (BOND 2012 Proposition 1) Attachments: Agenda Memo Kostoryz BOND 2012 Project Budget - Kostoryz Road Bond 2012 Location Map - Kostoryz Rd. BOND 2012 Contract - Kostoryz BOND 2012 Presentation Kostoryz Road BOND 2012 Form 1295 - Reytec Form 1295 - Rock 8. 16-0433 Service Agreement for Lindale Senior Center Roof Repair Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Lindale Senior Center, in accordance with Bid Event No. 96 based on the lowest, responsive and responsible bid for a base cost of $174,850 and an additional 10% project contingency in the amount of $17,485 for unforeseen repairs. Attachments: Agenda Memo - Lindale Senior Roof Repair.docx Bid Tabulation - Lindale Roof Repair.xlsx Service Agreement - Lindale Senior Center Roof Repair Form 1295 - Lindale Senior Center Roof Repair Corpus Christi Page 5 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 9. 16-0617 Second Reading Ordinance - Rezoning property located at 3142 Masterson Drive and 6201 Kostoryz Road (1st Reading 6/14/16) Case No. 0516-01 Paisano Contractors, LLC: A change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. The property is described as being 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1 B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road. Planning Commission and Staff Recommendation (May 18, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Paisano Contractors, LLC ("Owner"), by changing the UDC Zoning Map in reference to 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1 B, Block 1, Crestmont Unit 11 (0.76 acres), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - Paisano Contractors, LLC Ordinance - Paisano Contractors, LLC Location Maps - Paisano Contractors, LLC Zoning Report - Paisano Contractors, LLC 10. 16-0621 Second Reading Ordinance - Adopting International Fire Code with local amendments (1st Reading 6/14/16) Ordinance adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; and providing for severance, publication, penalty, and an effective date. Attachments: Agenda Memo - Adopting International Fire Code Ordinance - Adopting International Fire Code 11. 16-0618 Second Reading Ordinance - Naming the park located at Coves of Lago Vista subdivision (1st Reading 6/14/16) Ordinance naming the park located at Coves of Lago Vista subdivision as Barclay Park. Corpus Christi Page 6 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 Attachments: Agenda Memo - Barclay Park Ordinance - Barclay Park Policy and Procedure - Coves at Lago Vista - Barclay Park Location Map - Proposed Barclay Park Map - Proposed Barclay Park 12. 16-0602 Second Reading Ordinance - Accepting and appropriating a State grant for the Oso Bay Wetlands Preserve and Learning Center (1st Reading 6/14/16) Ordinance authorizing the City Manager or designee to execute documents to accept a Community Outdoor Outreach Program grant from the Texas Parks and Wildlife Department in amount of $48,033.00 for the Observing Science Outdoors Summer Guardians 2016 with City matching funds of $4,950 and an in-kind match of $8,391, for total program funds of $61,371; appropriating the $48,033.00 grant in the No. 1067 Parks Grants fund and authorizing the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grant fund and appropriating the same for the Observing Science Outdoors Summer Guardians 2016. Attachments: Agenda Memo -TPWD CO-OP Grant Ordinance - TPWD Oso Guardians Summer 2016 Program Agreement - TPWD CO-OP Agreement Budget - TPWD CO-OP Grant 13. 16-0611 Second Reading Ordinance - Lease agreement for the 2016 Arts Alive! Event (1st Reading 6/14/16) Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 1 through September 5, 2016. Attachments: Agenda Memo - Arts Alive! 2016 Ordinance - Arts Alive! 2016 Lease Agreement - Arts Alive! 2016 14. 16-0631 Second Reading Ordinance - Interlocal Agreement Amendment for County Road 52 Extension Phase 1B (1st Reading 6/14/16) Ordinance amending the FY 2016 Capital Budget to add Project No. E16303 County Road 52 Phase 1B, appropriating $100,000 of anticipated revenue from Nueces County, Texas; approving Amendment No. 1 to an Interlocal Agreement with Nueces County, Texas; and authorizing the City Manager, or designee, to execute Change Order Corpus Christi Page 7 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 No. 2 with Haas Anderson Construction of Corpus Christi, Texas in the amount of $649,017.80 for the County Road 52 project Phase 1B for final surface treatment and completion of project. (BOND 2008) Attachments: Agenda Memo - CR 52 Project Budget - CR 52 Ph 1 Ordinance - County Road 52 Location Map - County Road 52 Extension Ph. 1A and 1B Vicinity Map Presentation - CR 52 Interlocal Agreement - Nueces County 2009 Amendment No. 1 to CR 52 Phase 1 Interlocal Change Order - County Road 52 Extension Ph. 1A and 1B Vicinity Map L. EXECUTIVE SESSION: (ITEMS 15 - 18) 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. If 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. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 15. 16-0675 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining matters, (including litigation) between the City of Corpus Christi and the Corpus Christi Firefighters Association. 16. 16-0700 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at 521 Josephine Street known as Ben Garza Park and Gym when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 17. 16-0627 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to proposed improvements to the Park Road 22 canal and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to entities that the City seeks to have locate, stay or expand within the City limits along Park Road 22 and with Corpus Christi Page 8 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect(s) 18. 16-0703 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the annexation of property adjacent to City limits, 14 C.F.R. § 77.31, 14 CFR § 77.9, Section 358 of Public Law 111-383, Part 211 of Title 32, Code of Federal Regulations (CFR), the Consolidated Appropriations Act 2016 (H.R. 2029, Sec 301), topics of the aforementioned statutes and regulations, and related statutes and regulations. M. PUBLIC HEARINGS: (ITEMS 19 - 20) 19. 16-0698 Public hearing to discuss and consider proposed Charter Amendments for the November 8, 2016 Special Election with possible action. Attachments: Agenda Memo - Public Hearing 2016 Prop Charter Amendments Final Report - 0614 Presentation - Charter Report 2016 20. 16-0639 Public Hearing and First Reading Ordinance regarding the City of Corpus Christi's proposed FY2016-2017 Consolidated Annual Action Plan Ordinance to adopt the fiscal year (FY) 2016-2017 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Parterships (HOME) Programs; to authorize the City Manager or designee to submit the FY2016-2017 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2016-2017 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2016-2017 CAAP with organizations of approved projects. Attachments: Agenda Memo - CAAP 2016-2017 Ordinance - FY2016 CAAP Ordinance Presentation - Housing and Community Development City Council CDBG Attachment D 2016-2017 ESG Attachment D 2016-2017 HOME Attachment D 2016-2017 N. REGULAR AGENDA: (ITEMS 21 - 25) Corpus Christi Page 9 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 The following items are motions, resolutions and ordinances that will be considered and voted on individually. 21. 16-0688 One Reading Action Item - Appropriating Unreserved Funds into Employee Health Benefits Fund to cover claim expenditures for the remainder of the fiscal year Ordinance appropriating $6,500,000 from the Unreserved Fund Balance in Fund No. 5610 Employee Health Benefits - Citicare; appropriating $845,863 from the Unreserved Fund Balance in Fund No. 5609 Employee Health Benefits - Police; appropriating $605,263 from the Unreserved Fund Balance in Fund No. 5608 Employee Health Benefits - Fire; amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $7,951,126; and declaring an emergency. Attachments: Agenda Memo - Health Plan Budget Increase - EMERGENCY ACTION ITEM Ordinance - Appropriations from Unreserved - 2016 22. 16-0622 Engineering Design Contract for Sea Town (aka S.E.A. District) Pedestrian Improvements (Bond 2012, Proposition 8) Motion authorizing the City Manager, or designee, to execute an Engineering Design Contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $157,806.71 for the SeaTown (aka S.E.A. District) Pedestrian Improvements project for engineering design services. (Bond 2012, Proposition 8). Attachments: Agenda Memo - Sea Town Pedestrian Improvements.docx Project Budget - SeaTown Pedestrian Improvements.xlsx Location Map - Sea Town Pedestrian Improvements.pdf Presentation - Sea Town Pedestrian Improvements.pptx Form 1295 - Sea Town Pedestrian Imps LJA.pdf Contract - LJA Sea Town Pedestrian Improvements.pdf 23. 16-0632 Appointing Financial Advisor for Issuance of Utility System Revenue Refunding Bonds Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016", in an amount not to exceed $84,735,000. Attachments: Agenda Memo - FA for Issuance of Utility Revenue Refunding Bonds 6-14-16.d Contract - Financial Advisor for Utility Refunding.pdf Form 1295 - Financial Advisor for Utility Refunding.pdf 24. 16-0634 Second Reading Ordinance - Authorizing the Issuance of Utility System Revenue Refunding Bonds (1st Reading 6/14/16) Corpus Christi Page 10 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016" in an amount not to exceed $84,735,000; 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. Attachments: Agenda Memo - Issuance of Utility Refunding Bonds 6-14-16.doc Ordinance - Issuance of Utility Refunding Bonds.pdf 25. 16-0600 Second Reading Ordinance - Amending State Speed Limit in Certain Zones Along Shoreline Drive and Ennis Joslin Road (1st Reading 6/14/16) Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard and amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard Attachments: Agenda Memo - Speed Limits Ordinance - Speed Limit Ennis Joslin and Shoreline Revised Ordinance - Speed Limit Ennis Joslin and Shoreline Vicinity Map - Speed Limit Presentation - Speed Limit Ennis Joslin Shoreline O. FIRST READING ORDINANCES: (ITEMS 26 - 27) 26. 16-0630 First Reading Ordinance - CenturyLink Communications, LLC renewal of Conduit Use Agreement for Telecommunications Ordinance authorizing the City Manager, or designee, to execute a ten-year Conduit Use Agreement with CenturyLink Communications, L.L.C., to install and maintain telecommunications facilities within city conduit located in Ocean Drive right-of-way between Ennis Joslin Road and Sand Dollar Blvd. in consideration of $7,886.00 annual revenue Corpus Christi Page 11 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 payment, to be increased by 4% annually. Attachments: Agenda Memo - CenturyLink Ordinance - CenturyLink Conduit Use Agreement Agreement - Century Link Conduit Use Agmt for June 21 Council meeting Form 1295 - CenturyLink 27. 16-0690 First Reading Ordinance - Amending lease agreement to add additional parking spaces for lesee of City parking lot located at Mann Street and Mesquite Street Ordinance authorizing the City Manager or designee to execute an amendment to the lease agreement with the Results Companies for the City parking lot located at Mann Street and Mesquite Street to allow the lease of the entire City parking lot Attachments: Agenda Memo - Amendment to Mann Parking Lot Lease Ordinance - Amendment to Mann Parking Lot Lease Amendment to Mann Parking Lot Lease P. RECESS TO CORPORATION MEETING: (ITEM 28) 28. 16-0628 Special Board Meeting of the Corpus Christi Housing Finance Corporation Attachments: Agenda Memo for CCHFC CCHFC Board Agenda Minutes - CCHFC Treasurers Report April 2016.pdf Letter to Board CCHFC Board Resolution Q. RECONVENE COUNCIL MEETING R. FUTURE AGENDA ITEMS: (NONE) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. S. BRIEFINGS: (ITEMS 29 - 33) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 29. 16-0697 Ad Hoc Residential Street Infrastructure Advisory Committee Final Report *Approximate Time will be 4:00 pm* Corpus Christi Page 12 Printed on 6/20/2016 City Council Meeting Agenda - Final June 21, 2016 Attachments: Agenda Memo - Ad Hoc Street Comm Final Report Final Report - Street Committee Adopted 052316 30. 16-0689 Discussion regarding the proposed ballot for November 8, 2016 election Attachments: Agenda Memo - Prop. Ballot Nov. 8, 2016 Ordinance - DRAFT General Election 2016-06-21 Ordinance - DRAFT Special Election 2016-06-21 Presentation - Prop. Ballot Nov. 8, 2016 31. 16-0691 Nueces County Truancy Committee Final Report and Recommendations * Approximate Time will be 5:00 pm* Attachments: Agenda Memo - Nueces County Truancy Comm Recommendations 062116 Truancy Recommendation Final Report Presentation - Nueces County Truancy Comm 062116 32. 16-0701 Financial Audit of the Regional Transportation Authority (RTA) by Jerry Van Beveren from Flusche, Van Beveren, Kilgore, PC 33. 16-0595 Beach Operation and Maintenance Funding Update Attachments: Agenda Memo - Beach Resources Presentation Presentation - Beach Resources Gulf Beach Location Map Gulf Beach Vicinity Map McGee Beach Location Map McGee Beach Vicinity Map North Beach Location Map North Beach Vicinity Map T. ADJOURNMENT Corpus Christi Page 13 Printed on 6/20/2016 AGENDA MEMORANDUM Future item for the City Council meeting of June 14, 2016 Action Item for the City Council meeting of June 21, 2016 DATE: TO: May 18, 2016 Margie C. Rose, Acting City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2604 Resolution authorizing submission of grant application for a Federal grant and Interlocal Agreement for grant funds CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. PURPOSE: The City must apply for these funds each year. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to split the funds 50/50 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County have agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on June 8, 2016 JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment and enforcement programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs • Crime victim and witness programs (other than compensation With this award, the program has provided a total of $5,360,448 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, and other police equipment. 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 Encumbered / Expended Amount This item $163,004 $163,004 BALANCE $163,004 $163,004 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution Interlocal agreement with Nueces County Resolution Authorizing the City Manager, or designee, to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the established Interlocal Agreement; and authorizing the City Manager or designee to execute Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $163,004 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation with 50% of the funds to be distributed to Nueces County under the Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2016 Local Solicitation. 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 Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2016 LOCAL SOLICITATION AWARD This agreement is made and entered into this day of , 2016, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY have previously entered into an agreement for disbursement of Fiscal Year 2012, 2013, 2014, & 2015 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $81,502, JAG funds received from Fiscal Year 2016 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 1 of 3 GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $81,502 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $81,502, of JAG funds received from CITY under this agreement for the enhancement of law enforcement between October 1, 2015 and September 30, 2019. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUNTY OF NUECES Samuel L. Neal, Jr. City Manager County Judge ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: Buck Brice Assistant City Attorney For City Attorney Diana Barrera County Clerk Laura Garza Jimenez County Attorney Date Date Page 3 of 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 14, 2016 TO: Margie C. Rose, Acting City Manager FROM: Stacie Talbert Anaya, Assistant Director of Parks and Recreation StacieT@cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Service Agreements for Bayfront Parks and Medians Turf and Grounds Maintenance and Storm Water Improved Rights -of -Way Mowing CAPTION: Resolution finding the lowest, responsive, responsible bidder for mowing services by grouped acreage in response to Bid Event No. 104, 110, 111, 112, 113, 114 and 115; awarding a service agreement to the lowest, responsive, responsible bidder for each acreage group; and authorizing the City manager or designee to execute a service agreement with the lowest, responsive, responsible bidder for each acreage group for a total cost of $288,905.73 of which $72,226.43 is required for the remainder of FY 2015- 2016. Agreements will be for one year with an option to extend for up to four additional one year terms, subject to the approval of the Contractor and the City Manager or designee. Funds have been budgeted by the Parks and Recreation Department in FY 2015-2016. Cut Masters Lawn Service Corpus Christi, Texas $13,692.00 Texas Gulf Coast Contracting dba Gulf Coast Maintenance Corpus Christi, Texas $98,381.00 Dorame General Repair & Lawn Corpus Christi, Texas $139,349.13 La Med Facility maintenance, Inc. San Antonio, Texas $37,483.60 PURPOSE: The service agreements will provide mowing for the Bayfront Parks and Medians Turf and Grounds Maintenance. • Cut Masters Lawn Service, Corpus Christi, Texas is the lowest, responsive, responsible bidder for Group 1 in Bid Event No. 104 in the amount of $13,692.00. • Dorame General Repair & Lawn, Corpus Christi, Texas is the lowest, responsive, responsible bidder for Group 1A and Group 4 in Bid Event Nos. 110 and 113 in the amounts of $66,304.74 and $73,044.39 respectively for a total of $139,349.13. • Texas Gulf Coast Contracting, dba Gulf Coast Maintenance, Corpus Christi, Texas is the lowest, responsive, responsible bidder for Group 2 and Storm Water Group 3 for Bid Event Nos. 111 and 115 in the amounts of $83,916.00 and $14,465.00 respectively for a total of $98,381.00. • La Med Facility Maintenance, Inc., San Antonio, Texas is the lowest, responsive, responsible bidder for Group 3 and Storm Water Group 2 for Bid Event Nos. 112 and 114 in the amounts of $22,083.60 and $15,400.00 and respectively for a total of $37,483.60. The total cost for a one year of contract mowing is $288,905.73 (Parks = $259,040.73; Storm Water = $29,865.00). BACKGROUND AND FINDINGS: Award recommendation is based on lowest, responsive, responsible bids. These contract locations include some high profile areas as well as some back yard parks. Bidders for high-profile areas must have experience working in Parks & Recreation Department's high-profile/landscape intensive areas. Currently, these locations are being serviced by contractors using Purchasing Orders at a higher cost per acre until this contract is awarded. The cost for the Parks & Recreation Department to execute the same or similar work with in-house crews would be $364,563.91 for the parks and $58,174.83 for storm water mowing for a total cost of $422,738.74. In this case, it is beneficial for the City to contract out these mowing parcels. ALTERNATIVES: If not approved, these parcels would continue under a more costly temporary contract until a re -bid occurs. 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: Parks and Recreation Department 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 $1,247,952.64 $216,679.30 $1,464,631.94 Encumbered / Expended Amount $1,007,562.91 $0 $1,007,562.91 This item $72,226.43 $216,679.30 $288,905.73 BALANCE $168,163.30 $0 $168,163.30 Fund(s): Parks and Recreation General Fund, Visitor Facility Fund and Storm Water Fund Comments: The $288,905.73 financial impact shown above represents the annual cost of these agreements. $72,226.43 have been allocated in the FY2015-2016 budget of which $44,059.43 is from the Parks General fund; $20,945.00 is from the Visitor Facility Fund; and $7,222.00 is from the Storm Water Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Award Summary Maps of Service Areas Service Agreements followed by Form 1295 for each CERTIFICATE OF INTERESTED PARTIES FORM ick 1of1 Complete Nas.1. 4 and 6 if there am Interested perdu. condate Nos. 1. 2.3. S. and 6 If there we no Interested parties.CERTIFICATION OFFICE USE ONLY OF RUNG 1 Name of business entity filing form„ and the city, state and country of the business entity's place of business. Dome General Repair corpus chrisd, Tx Untied Slates Certificate Nwnbe : 2016-L'937Demme Date Filed: 2 Name of governments! entity or state agency that Is a party to the contract for which the foto Is being tiled. My of Carpus Christi • 02/15/2016 Date Acknowledged: s Provide the limon monitor used by the goverrmtental entity or state agency to track or identify the contract, end provide a ' description of the fico s services to be provided under the contract. Event; 7+4 . Mowing De -^1 as , 4 . Name of Irderested Parry City. State, Country (place of business) Nature of Interest (Wreck appliwbie) Controlling Intermediary Demme, Rein=Corpus Christi. TX Untied States X _ 5 check only if there is 1110 Interested Patty. a 6 AFFIDAVIT . 1 swear, or aflImi, under penalty of palmy, that the above dtexlosure is true and aortae. Signature of razed agent of contracting business entity AMC NOTARY STAMP 1 SEAL ABOVE Swann to and subscribed before me. by the said , this the, Ito day of wry, 20 No , to certify w hich, mess my hand and seal of office. itett11154------filf)a5162 , i , EVl3YN W. OBBROBSBIS t rvA►Opiate 77.7&Act< of officer adrnlrttaterbtg oath name W officer add oath Tide of officer adednistetbng oath Ferns moulded by Texas mutate CsmmisQinn WIWI entire ets►®...one ..___.__ ..... s..... • Service Agreement Agreement No. 755 BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between Texas Gulf Coast Contracting doing business as Gulf Coast Maintenance ("Contractor") of Corpus Christi, Texas, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 111") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $83,916.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Gulf Coast Maintenance: Attention: Willie Montez 7306 Candy Ridge Corpus Christi, TX 78414 Fax: 361-443-4876 Email: texasgulfcoastcontracting65@yahoo.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL Page 4 of 6 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR �/� Signature: ld' Printed Name: Zia f 2' Title: Date: 5 -AA. CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements ed astoform: Assi- nt City Att rney For = y Attorney Incorporated by Reference Only: Exhibit 1: RFB No. 111, RFB BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING Exhibit 2: Contractor's Bid Response Page 6 of 6 Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N=Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattem must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAD) LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three (3) inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly (approximately 8 cuts) during the non -growing season, November through February. 2. Cycles descriptions are listed below: Growing Season (March through October) 34 cycles = weekly 17 cycles = bi-weekly 11 cycles = monthly Non -growing Season (November through February) 8 cycles = bi-weekly 4 cycles = monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two (2) feet of said areas. 2. Beds and Groundcovers — Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6, 7 and 8. 3.A11 weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March, June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1) Ornamental Plant and Shrub Control (2) Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. E. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated, resigned or quit for any cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: 1 GROUP 2 AREAS • Water Garden Grounds Chaparral Circle Mesquite Medians SMG Lot 25 SMG Lot 24 SMG Lot 21 d Triangle 1111 CT' .� Harbour Playhouse Grounds/Lot r. SMG Lot 2 I 11 SMG Lot 3 r/y SMG Lotttl5 SMG Lot 10 rBay/runt Fountain" 4 4 - Heritage Park Chaparral Praewetls) Chaparral Tremens) 1 Chaparral Newell), Old BayvlewCemetary Oveal Williams Sr Center • ' J' IDro Mwrsoniremitizr 9137 niusinduarro is 31 -�� MIMI MUM '1'= 1111111111111 111111 l l / ��••COPYItillit2014CityarCorywCt9iw Downtown / Bayfront / Parks GROUP 2 MAINTENANCE AREA LOCATION/ADDRESS AC 1 Chaparral Circle Mesquite & Chaparral 0.07 2 Chaparral St. Tree Wells 137 to Brewster 3 Harbor Playhouse Grounds 1 Bayfront Park, Chaparral St. 1.54 4 Heritage Park Fitzgerald 4.78 5 Lot 12, Vacant Lots Mesquite St, Resaca to Hughes 1.37 6 Mesquite Medians Brewster to Hirsch, (Water Tower) 0.45 7 Mesquite Medians Hirsch to Harbor 0.44 8 Mesquite Medians Mesquite @ Museum of Sci & Hist 0.26 9 Museum of Sci & Hist, Lot 26 1900 N. Chaparral 5.30 10 Old Bayview Cemetery Ramirez & Waco 3.14 11 Oveal Williams Sr. Center 1414 MLK Dr. 1.37 12 Seaman's Center Lot 1501 Mesquite 1.06 13 SMG Lot 10 Hughes & Chaparral 2.45 14 SMG Lot 2 Resaca to Brewster 1.45 15 SMG Lot 21 & Triangle & AMC Tria Convention cntr. Entrance @ Hughes 1.10 16 SMG Lot 24 Brewster & Chaparral 1.02 17 SMG Lot 25 Hirsch & Chaparral 0.76 18 SMG Lot 3 Resaca to Hughes 2.40 19 SMG Lot 5 Fitzgerald to Resaca 2.22 20 TD Maintenance Yard 1709 N Mesquite 1.38 21 Water Garden Grounds Arts & Sci Park, Chaparral & Hirsch 4.10 22 Bayfront Fountain Park 1800 Blk N. Shoreline @ Resaca 3.30 TOTAL 39.96 Attachment 2: Schedule of Pricing Event Line Response Company: I Supplier Group: 1 Supplier Contact: 1 Line Details Description: Item: GROUP 2 Quantity: 1,678.3200 GTIN: Manufacturer Code: Commodity Code: Line Response Information Event#: 111-1 Supplier: 1232 Supplier Contact Name: Willie Montez Line Response Line #: 3 Supplier Name: Gulf Coast Maintenance Item Description: 22 properties: 39.96 acres x Output Type: Blanket UOM: AC Requested Delivery Date: GTIN Description: Division: Manufacturer Number: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Vendor Item: GROUP 2 Vendor Item Description: 22 Properties Quantity: 1,678.3200 UOM: AC Unit Price: 50.00000 No Charge: No No Bid: No Extended Price: 83,916.00 Delivery Date: Response Comments: !°,ter I 01 ! Julia 1, 2016 UOM Detail: Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products;' Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos, 1.4 and 6 if there are Interested parties. Complete Nos. 1, 2, 3, 5, and 6 If there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-49832 Date Filed: 05/04/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Texas Gulf Coast Contracting USA Gulf Coast Maintenance Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form Is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. Event 115 6 of, ¢f C .ti 07(( .. dtil Landscaping services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .••""""',%, THERESA DUQUE =:: .1%sNotory Public. State of Texas . rComm. Expires 01-27.2020 ttp %%3N, /date / :'f %.��eari�;r` .,,,,,,,,�� Notary ID 11101149 Signature of aut ized agent of contracting business entity AFFIX 41. NOTARY STAMP/SEAL ABOVE ,,���� ..% v -114.-i 41(14;11.--1 this the 2514 day of 4724-L-6 , '" Sworn to and subscribed before me, by the said f/ , 20 / 41 , to certify which, witness my hand and seal of office. ar�1/A ie!seDar -e � eta- ySignature ._ of officer adminlsteri oath Printed name of officer administeth Title of officer admittfstoring oath . ._' _ _ _._._ .....,. Varrinn VI (111)21_ Forms provided by Texas Ethics Commission Service Agreement Agreement No. 758 STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING THIS STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Agreement") is entered into by and between Texas Gulf Coast Contracting, doing business as Gulf Coast Maintenance ("Contractor") of Corpus Christi, Texas, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING in response to the City's Request for Bids ("RFB No. 115") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $14,465.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: Page 3 of 6 City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Gulf Coast Maintenance: Attention: Willie Montez 7306 Candy Ridge Corpus Christi, Texas, 78414 Fax: 361-443-4876 Email: texasgulfcoastcontracting65@yahoo.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY Page 4 of 6 KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: 7/0/ OK Printed Name: 4///l - % k a k Title: "u' .4-- Date:Se-7/0 C CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Dote: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements ed as to io*m: Assis = t City Attor y For ' r. Attorney Incorporated by Reference Only: Exhibit 1: RFB No.115, STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Exhibit 2: Contractors Bid Response Page 6 of 6 14 w Attachment 1: Scope of Work City of Corpus Christi Purchasing Department SPECIFICATIONS FOR STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING I SCOPE: Specifications No, 1104 Revised 12/15/15 These specifications cover performance and general requirements for Storm Water Improved Rights -of -Way Strip Mowing for the Parks and Recreation Department. II. CLASSIFICATION: The mowing of improved right-of-way areas is undertaken in accordance with the Storm Water system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N = Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK — Mowing shall include all unpaved areas (including medians) in the designated area right-of-ways ("work") except those areas that are designated as non -mow and/or vegetation management areas. B. EQUIPMENT — All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. The type of equipment required to mow the strip right-of-ways are flat rigid rotary mowers with a maximum cutting width of 72", riding lawn mowers, push mowers, sidewalk edgers, and string line trimmers. Blowers will be permitted to be used on the contract provided grass clippings are blown off of and away from street pavement and drainage inlets and onto the grass area between the sidewalk and curb. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. At no time shall lawn mowers or lawn mowing equipment be allowed upon the streets for the purpose of blowing grass off of the pavement. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests which may be required to protect the mowers and the traveling public will be furnished by the Contractor. Signs and sign stands shall be erected within a mile of the location at which work is being done. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress and the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. 1. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset. 2. Non -Work Hours: The Contractor may not store any equipment or tools on any right-of-way area. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 3. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repair or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. D. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and, at all times, observe and comply with all Federal, State, and local laws, ordinance and regulations, which in any manner affect the conduct of the Work and shall indemnify and save harmless, the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. IV. PERFORMANCE REQUIREMENTS: A. Mowers shall be adjusted for a cutting height of approximately three inches and adjusted, as needed so as not to scrape or scour the grass to bare dirt. B. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. C. If awarded, the Contractor shall remove all litter from the entire site prior to initiating any mowing and/or trimming. Litter is defined as visible trash larger than 3" square and shall include paper, cans, bottles, boxes, plastic, palm fronds and all other trash that may be carried into the drainage system with a heavy rain. Litter shall be placed in suitable containers and transported to the landfill for proper disposal. Disposal of the litter, including all costs charged at the landfill, are the Contractor's sole responsibility. 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Groups 3 must be cut twice a month growing season for March through November and monthly during the non - growing season, December through February. Total of 21 cycles per year. Cycles are ls` thru the 14th and the 15th thru the last day of the month. D. The Contractor shall mow the area between the curb and sidewalk and the area between sidewalk and fence up to the property line. If a fence is not present, the Contractor shall mow from the sidewalk to the telephone poles or three feet past the sidewalk or property line if clearly defined. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the rights-of-way. E. Contractor shall hand trim around all fixed objects such as trees, plants, shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. Contractor shall trim along fence lines, which are within the ROW, or at the property line. All hand trimming shall be done concurrently with the mowing operations. In the event the Contractor is not permitted to trim an area due to an Ozone Action Day, the Contractor will be required to return to the area to complete the trimming as required after the designated Ozone Action Day. F. Contractor shall edge all sidewalks, curbs and steps. Sidewalks shall be edged on both sides to concrete edge. Use of string line trimmers for edging is permissible. Mechanical edging is permitted to cut back excessive overgrown areas. All edging shall be done concurrently with the mowing operations. G. Any large debris, including, but not limited to, tree limbs, tires, rocks, lumber, mattresses, etc., shall be removed by the Contractor. H. Any large objects, including, but not limited to, furniture, appliances and massive dump sites etc. which are too large to set aside, shall be mowed around until removal is coordinated by the City. However, the Contractor will be required to mow as close as possible to the large object and to trim any high weeds adjacent to the large object. The Contractor shall be responsible for promptly notifying the Contract Administrator of the large object and its location and coordinating the rescheduling of mowing the uncut area with the Contract Administrator. I. Care shall be taken to prevent discharge of grass clipping onto paved surfaces such as streets, sidewalks and gutters. All grass clippings discharged onto sidewalks, curbs, gutters and the street will be removed by the Contractor at his own expense. The Contractor will be required to broom sweep, rake or blow the grass clippings from the sidewalk, curb, gutter or street. Contractor is expressly prohibited from using a lawn mower to remove grass clippings from streets or curbs. Intentionally sweeping or blowing grass clippings into the streets or gutter is prohibited. Grass clippings are to be removed on the same day as the cut. Leaving grass clippings on paved surfaces overnight is prohibited. J. Sidewalks, curbs and gutters, which have an excessive amount of overgrowth of vegetation, shall be completely cleaned. All grass, dirt and/or mud shall be removed from sidewalks, curbs and gutters to leave a clean concrete finish. The contractor shall remove by mechanical means, all grass and weeds growing in paved areas between the curb and asphalt. K. The Contractor shall be required to follow the work scheduled Monday thru Friday. Working on Saturday will require approval by the Contract Administrator. Request to work on Saturday shall be submitted to the Contract Administrator not later than 12:00 p.m., Friday prior to that weekend. The work will be scheduled during daylight hours. L. Contractor shall observe Ozone Action Days by only using diesel or reformulated gas powered mowing equipment clearly labeled stating the type of fuel being used on those days. No gasoline-powered equipment will be allowed to be used on Ozone Action Days. M. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. Signs must be placed within 1 mile of working area. Signs, sign stands, safety flags, and other safety materials shall be kept in good condition. N. Contractor shall be required to have Insurance before activities can begin under this Agreement. Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverage's. Contract Administrator will be given at least 30 days' notice of cancellation, material change in coverage's, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. Coverage must include those types of insurance at the minimum insurance coverage levels as specified in "Insurance Requirements" in this bid. V. RESOURCES A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. VI. BIDDERS PROFILE AND QUALIFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Right of way mowing, or hold a maintenance contract that is in good standing with the City and/or company must be in for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated for cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: E. Bidder shall provide three (3) client references for which the same services have been provided. This information will be used to determine the extent to which the Bidder is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Bidder. VII. NOTIFICATION AND INSPECTIONS 1. Each Monday morning prior to 8:00 a.m., the Contractor shall email to the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. 2. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within (1) working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re -inspection fee will be charged for a third inspection. At that time the Contractor shall have (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. VIII. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. VIV. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. X. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. • ROW Strip Mowing Contract (Improved) Group 3 Legend Group ID G3-07 — G3-14 G3-01 (deleted) G3-08 -- G3 -14A G3-02 G3-09 F - G3-15 - G3-03 r -G3-10 =- G3-16 G3-04 03-11 £ G3-17 03-05 G3-12 - G3-18 • G3-06 — 03-13 GROUP 3 Acreage G3-2 Alameda Terrace 5800 Alameda N. side 0.44 G3-4 Lum Triangle 700 Airline Rd. @ Lum Ave. 0.18 G3-5 S. Staples Strip 4500 S. Staples West side @ Collingswood 0.21 G3-6 Mustang R.O.W. Mustang Trail from Golihar to S. Staples 0.21 G3-8 McCaII Strip McCall, north side from Reid to Alameda 0.35 G3-10 Texas Triangle Texas and Swantner 0.33 G3-12 Doddridge Doddridge, n. side, Pope to Fort Worth w / islands 0.14 G3-13 Weber Weber, north side, from Staples St. to Linden 0.31 G3-14 Kostoryz Kostoryz, b/sides from S. Staples to Brawner Pkwy 2.38 G3-14a Kostoryz Kostoryz, both sides from Holly to Saratoga 3.59 G3-15 Carroll Lane R.O.W. From Gollihar to Harris on E/Side of Carroll Ln.; from Tweet to Tiger Ln. on W/Side, S. of SPID 0.50 G3-16 Golihar R.O.W. Gollihar, N. side from Carroll Ln. to Hamlin. 0.85 G3-17 Parkdale Median Whataburger Way to Marie (6 Medians) 0.66 G3-18 Staples Strip Annapolis to Brawner - West side only 2.38 TOTAL ACRES 12.53 Attachment 2: Schedule of Pricing Event Line Response Company: 1 Supplier Group: 1 Supplier Contact: 1 Line Details Description: Item: STORM WATER GROUP 3 Quantity: 263.0000 GTIN: Manufacturer Code: Commodity Code: Line Response Information Event #: 115-1 Supplier: 1232 Supplier Contact Name: Willie Montez Line Response Line #: 7 Supplier Name: Gulf Coast Maintenance Item Description: 14 Properties: 12.53 acres x Output Type: Blanket UOM: AC Requested Delivery Date: GTIN Description: Division: Manufacturer Number: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Vendor Item: STORM WATER GROUP 3 Vendor Item Description: 14 Properties Quantity: 263.0000 UOM: AC Unit Price: 55.00000 No Charge: No No Bid: No Extended Price: 14,465.00 Delivery Date: Response Comments: UOM Detail: Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 lof1 Complete Nos, 1.4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 If there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-49832 Date Filed: 05/04/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Texas Gulf Coast Contracting DBA Gulf Coast Maintenance Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. Event115 "-" ct?i. r /0 (f Landscaping services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. LI 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ..•ta""��%� THERESA DUQUE YA , ��. .�, E Notary Public, Stofe of Texas:'�£ Comm. Expires 01-27.2020 c' klaze/774,67 �'%E1„,}r Notary ID 11101149 Signature of aued agent of contracting business entity AFFIX NOTARY STAMP /SEAL ABOVE %,�� - V[ G. C � this the21 day of ' `P , Sworn to and subscribed before me, by the said (/ , 20 / 4 , to certify which, witness my hand and seal of office. c�! lm Gc.� eisGt.. D u-e %l etat.r - Signature of officer administers oath Printed name of officer administering oath Title of officer edmlifistering oath varcinn V1 (1.1021 Forms provided by Texas Ethics Commission .1852 Service Agreement Agreement No. 754 BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between La Med Facility Maintenance, ("Contractor") of San Antonio, Texas, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 112") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "A". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $22,083.60, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: Page 3 of 6 City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: La Med Facility Maintenance: Attention: Edward Tijerina 204 Bobcat Bend San Antonio, Texas 78238 Fax: 210-310-3226 Email: lamedfm@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY Page 4 of 6 KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Nome: ' 1 -- $ n Z Title: Date: 6 '(b- CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment A: Scope of Work Attachment 8: Schedule of Pricing Attachment C: Insurance Requirements IncQregratesi by Rgfgrgnne Qnly: Exhibit 1: RFB No. 112, RFB BAYFRDNT PARKS AND MEDIANS TURF AND GRDUNDS MAINTENANCE MDWING Exhibit 2: Contractor's Bid Response Page 6 of 6 ATTACHMENT "A"- SCOPE OF WORK City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N=Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he 'she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1 The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (`°INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three (3) inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group lA must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly (approximately 8 cuts) during the non -growing season, November through February. 2. Cycles descriptions are listed below: Growing Season (March through October) 34 cycles = weekly 17 cycles = bi-weekly 11 cycles = monthly Non -growing Season (November through February) 8 cycles = bi-weekly 4 cycles = monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done m a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two (2) feet of said areas 2. Beds and Groundcovers — Weed -Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year for group 5. Weed -free maintenance should be performed annually each Spring in March for groups 6, 7 and 8. 3.AI1 weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre -Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March, June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1) Ornamental Plant and Shrub Control (2) Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. • 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated, resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: wiww,t N, n. j Mr".-116107•Tr. %X t41 J GROUP 3 AREAS tszs" k \\SisterCity Median Gateway Medians #3 ° e emiayllediens #4 MY!' MIMI inn 1111111111 MOM r", 1110::: ANN AN NE mom 11111 evo ths •M= ti MIMI IIIMEN NMI MINI aim, .., 1 tio Germs !IIatew Gay VAl I 1 I— /37 Eas 1111115,AfannSti'ark Lot mesta„ IMMEMMI Broadway Blidf Egi.BroandwaFaluff #2 1 mom M. I I. MIN MM IJ! ill Broadway.. Bluff #3 r-. z:;• La %alai ma GalawayM 0 0 ' a a I II rill 4111111/ Bluff #4 11•1111 MINI MIMI I mm am mem nom mot .1.11,1 ism rs Alley Planter East volt Coopers:480y Planter.West sriel. 1011 isnot EireacAvay Glean IMO MINI NI IN Broadway Bluff • Downtown / Bayfront / Parks GROUP 3 MAINTENANCE AREA LOCATION/ADDRESS 1 'Artesian Park Chaparral & Twigg Taylor to Buffalo (±30° slope) Buffalo to Antelope (±30° slope) 2 Lower/Upper Broadway Bluff #1 3 Lower/Upper Broadway Bluff #2 4 Lower/Upper Broadwa Bluff #3 Antelope to Leopard (±30° slope) 5 Lower/Upper Broadway Bluff #4 Leopard to Lipan (±30° slope) 6 Lower/Upper Broadway Bluff #5 Lipan to Mesquite (±30° slope) 0.48 7 Lower/Upper Broadway Bluff #6 YMCA Complex to Park (±30° slope) 0.47 8 Coopers Alley Planter East Coopers Alley East of Mesquite 0.02 9 Coopers Alley Planter West Coopers Alley West of Mesquite 10 Gateway Medians #1 Water to Shoreline 11 Gateway Medians #1 a 12 Gateway Medians #2 13 Gateway Medians #3 14 Gateway Medians #4 Federal Courthouse AC 1.04 0.13 0.22 0.25 0.60 15 16 17 18 0.01 0.05 Water to Shoreline (sidewalk easement) 0.02 Chaparral to Water 0.19 Mesquite to Chaparral 0.64 Hwy 181 to Mesquite 0.41 Behind courthouse, Chaparral to Water 1.30 La Retama Park 500 Mesquite 0.50 Mann St. Parking Lot 9800 Block Mesquite _ 1.55 137 Easement 137, Mesquite to Chaparral 0.13 137, Mesquite to Chaparral 0.72f 213 Mesquite 0.83 19 Sister City Median 20 Spohn Park TOTAL 9.56 Event Line Response ATTACHMENT "B" Company: 1 Supplier Group: 1 Supplier Contact: 1 Line Details Description: Item: GROUP 3 Quantity: 401.5200 GTIN: Manufacturer Code: Commodity Code: Enter Line Response Information Event #: 112-1 Supplier: 1355 Supplier Contact Name: Edward Tijerina Line Response Item Description: 20 Properties: 9.56 acres x UOM: AC GTIN Description: Division: Line #: 4 Supplier Name: La Med Facility Maintenance Output Type: Blanket Requested Delivery Date: Manufacturer Number: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Vendor Item: GROUP 3 Vendor Item Description: 20 Properties: 9.56 Acres Quantity: 401.5200 UOM: AC UOM Detail: Acres Unit Price: 55.00000 No Charge: No No Bid: No Extended Price: 22,083.60 Response Comments: t'cce 1 al Jun.: 3, 21)1a ATTACHMENT "C" INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Riik Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payments) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management CERTIFICATE OF INTERETED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if the:°e are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. OFFICE USE ONLY La m 0C. l il'hi 1"1rvxth kiv,,/I w 0 A_ 2 Name of governmental entity or state agency which the form is being filed. that is a party to the contract for 3 Provide the identification number used by�he and provide a description of the goods or eiurrbetLct 1614-- governmental entity or state agency to ervices to be provided under the contract. track or identify the contract, 4 Name of Interested Party City, State, Country Nature of Interest (check applicable) (place of business) Controlling Intermediary ❑ ❑ n n ❑ n n ❑ ❑ ❑ ❑ ❑ C ❑ 5 Check only if there is NO Interested Party. j 6 AFFIDAVIT I swear, oruaffirm, under nalty of perjury, that the above disclosure Is true and correct. �Manuel Perez Jr. C my Cenunireke Expires 01/13M:120 Sign re oauthorizagent of contracting g business entity ID No. 1304140 AF .i Sworn to and subscribed before me, by the said IE4v C rd 0 .%-c r t if~e-, this the 1 S+ day , of 3O\ . 20 , to to certify which, witness my hand and seal of office. /_.. � _ _. ,.. PertGirl% u 6 CO '':_ 1i`a y ca �nnted name of officer administering oath Title of officer administering oath ADD AD ITIONAL PAGES AS NECESSARY 1852 Service Agreement Agreement No. 757 STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING THIS STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Agreement") is entered into by and between La Med Facilites Maintenance ("Contractor") of San Antonio, Texas, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING in response to the City's Request for Bids ("RFB No. 114") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits " 1 and 2 "; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "A ". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $15,400.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days' written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days' written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: La Med Facility Maintenance: Attention: Edward Tijerina 204 Bobcat Bend San Antonio, Texas 78238 Fax: 210-310-3226 Email: Iamedfm@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY Page 4 of 6 KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 r CONTRACTOR 0 n Signature: Printed Name: E. "ljp-i11‘a- Title: Oac) Date: 5-10-16 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incoroorgtgsf by B igrgngg kill Exhibit 1: RFB No. 114, RFB STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING Exhibit 2: Contractor's Bid Response Page 6of6 A'T'TACHMENT ''A°' City of Corpus Christi Purchasing Department SPECIFICATIONS FOR STORM WATER IMPROVED RIGHTS-OF-WAY STRIP MOWING I SCOPE: Specifications No. 1104 Revised 12/15/15 These specifications cover performance and general requirements for Storm Water Improved Rights -of -Way Strip Mowing for the Parks and Recreation Department. II. CLASSIFICATION: The mowing of improved right-of-way areas is undertaken in accordance with the Storm Water system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. fiigidgmadmall 'A A consideration. 11 I C = Comply N = Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK — Mowing shall include all unpaved areas (including medians) in the designated area right-of-ways ("work") except those areas that are designated as non -mow and/or vegetation management areas. B. EQUIPMENT — All mowers must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property by flying debris from under the mower. The type of equipment required to mow the strip right-of-ways are flat rigid rotary mowers with a maximum cutting width of 72", riding lawn mowers, push mowers, sidewalk edgers, and string line trimmers. Blowers will be permitted to be used on the contract provided grass clippings are blown off of and away from street pavement and drainage inlets and onto the grass area between the sidewalk and curb. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. At no time shall lawn mowers or lawn mowing equipment be allowed upon the streets for the purpose of blowing grass off of the pavement. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests which may be required to protect the mowers and the traveling public will be furnished by the Contractor. Signs and sign stands shall be erected within a mile of the location at which work is being done. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress and the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes therein to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. 1. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset. 2. Non -Work Hours: The Contractor may not store any equipment or tools on any right-of-way area. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 3. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repair or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. D. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and, at all times, observe and comply with all Federal, State, and local laws, ordinance and regulations, which in any manner affect the conduct of the Work and shall indemnify and save harmless, the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. IV. PERFORMANCE REQUIREMENTS: A. Mowers shall be adjusted for a cutting height of approximately three inches and adjusted, as needed so as not to scrape or scour the grass to bare dirt. B. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. C. If awarded, the Contractor shall remove all litter from the entire site prior to initiating any mowing and/or trimming. Litter is defined as visible trash larger than 3" square and shall include paper, cans, bottles, boxes, plastic, palm fronds and all other trash that may be carried into the drainage system with a heavy rain. Litter shall be placed in suitable containers and transported to the landfill for proper disposal. Disposal of the litter, including all costs charged at the landfill, are the Contractor's sole responsibility. 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Groups 2 & 3 must be cut twice a month growing season for March through November and monthly during the non -growing season, December through February. Total of 21 cycles per year. Cycles are Pt thru the 14th and the 15th thru the last day of the month. D. The Contractor shall mow the area between the curb and sidewalk and the area between sidewalk and fence up to the property line. If a fence is not present, the Contractor shall mow from the sidewalk to the telephone poles or three feet past the sidewalk or property line if clearly defined. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert head walls, delineators or other appurtenances which are part of the rights-of-way. E. Contractor shall hand trim around all fixed objects such as trees plants shrubs, fire hydrants, sign and power poles, guardrails and culvert head walls, unless specified otherwise and will be subsidiary to the mowing operation. Contractor shall trim along fence lines, which are within the ROW, or at the property line. All hand trimming shall be done concurrently with the mowing operations. In the event the Contractor is not permitted to trim an area due to an Ozone Action Day, the Contractor will be required to retum to the area to complete the trimming as required after the designated Ozone Action Day. F. Contractor shall edge all sidewalks, curbs and steps. Sidewalks shall be edged on both sides to concrete edge. Use of string line trimmers for edging is permissible. Mechanical edging is permitted to cut back excessive overgrown areas. All edging shall be done concurrently with the mowing operations. G. Any large debris, including, but not limited to, tree limbs, tires, rocks, lumber, mattresses, etc., shall be removed by the Contractor. H. Any large objects, including, but not limited to, furniture, appliances and massive dump sites etc. which are too large to set aside, shall be mowed around until removal is coordinated by the City. However, the Contractor will be required to mow as close as possible to the large object and to trim any high weeds adjacent to the large object. The Contractor shall be responsible for promptly notifying the Contract Administrator of the large object and its location and coordinating the rescheduling of mowing the uncut area with the Contract Administrator. I. Care shall be taken to prevent discharge of grass clipping onto paved surfaces such as streets, sidewalks and gutters. All grass clippings discharged onto sidewalks, curbs, gutters and the street will be removed by the Contractor at his own expense. The Contractor will be required to broom sweep, rake or blow the grass clippings from the sidewalk, curb, gutter or street. Contractor is expressly prohibited from using a lawn mower to remove grass clippings from streets or curbs. Intentionally sweeping or blowing grass clippings into the streets or gutter is prohibited. Grass clippings are to be removed on the same day as the cut. Leaving grass clippings on paved surfaces overnight is prohibited. J. Sidewalks, curbs and gutters, which have an excessive amount of overgrowth of vegetation, shall be completely cleaned. All grass, dirt and/or mud shall be removed from sidewalks, curbs and gutters to leave a clean concrete finish. The contractor shall remove by mechanical means, all grass and weeds growing in paved areas between the curb and asphalt. K. The Contractor shall be required to follow the work scheduled Monday thru Friday. Working on Saturday will require approval by the Contract Administrator. Request to work on Saturday shall be submitted to the Contract Administrator not later than 12:00 p.m., Friday prior to that weekend. The work will be scheduled during daylight hours. L. Contractor shall observe Ozone Action Days by only using diesel or reformulated gas powered mowing equipment clearly labeled stating the type of fuel being used on those days. No gasoline -powered equipment will be allowed to be used on Ozone Action Days. M. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. Signs must be placed within 1 mile of working area. Signs, sign stands, safety flags, and other safety materials shall be kept in good condition. N. Contractor shall be required to have Insurance before activities can begin under this Agreement. Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverage's. Contract Administrator will be given at least 30 days' notice of cancellation, material change in coverage's, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. Coverage must include those types of insurance at the minimum insurance coverage levels as specified in "Insurance Requirements" in this bid. V. RESOURCES A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. VI. BIDDERS PROFILE AND QUALIFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Right of way mowing, or hold a maintenance contract that is in good standing with the City and/or company must be in for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated for cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: E. Bidder shall provide three (3) client references for which the same services have been provided. This information will be used to determine the extent to which the Bidder is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Bidder. 1 VII. NOTIFICATION AND INSPECTIONS 1. Each Monday morning prior to 8:00 a.m., the Contractor shall email to the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. 2. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within (1) working day. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re -inspection fee will be charged for a third inspection. At that time the Contractor shall have (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the 'Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. VIII. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. VIV. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. X. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. ROW Strip Mowing Contract (Improved) Group 2 2-01 •••••,m2-08 2-14 - 2-02 2.08+mm■ 2-14A 2-10 is+'+ 2-15 - 2-04 2-11 'mum. 2-16 �• 2-05�� 2-12 i 2-17 GROUP 2 Acreage G2-1 Greenwood R.O.W. W/Side of Greenwood from Gollihar to Westpoint 0.27 G2-2 Ayers Strip South side of Ayers, Horne Rd. to Fannin 0.84 G2-4 Vanderbilt Entrance Ayers St. & Roosevelt Dr. and circle at Ellis and W. 0.14 G2-5 Clark Circle Clark & West Clark, 110 Vanderbilt, Normandy & CI 0.32 G2-6 Ramsey Median Brawner Pkwy. To Horne Rd. 0.50 G2-7 Horne R.O.W. Ramsey to Ayers on East side of Horne Rd. 0.11 G2-8 Sacky Dr. R.O.W Sacky, S. side, Wharton to Bowie St. 0.22 G2-9 Reid Triangle Corner of Reid & 2700 Alameda 0.14 G2-10 Mid Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73 G2-12 Brownlee South corner of Staples and Brownlee 0.07 G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar Collet, 0.21 G2-14 Greenwood R.O.W. Holly to the Wal-Mart Road, both sides 1.54 G2 -14A Cliff Maus Old Brownsville Rd -Rockford end of sidewalk W/Sic 0.12 G2-15 West Point Columbia - Greenwood East South Side 0.16 G2-16 CaIIe Cuernavaca Saratoga - Dead End East/West Side 0.59 G2-17 CaIIe Las Colonies Saratoga - Dead End West Side 0.43 G2-18 Greenwood Holly - Saratoga Both Sides (Measured Portions) 0.73 G2-19 Port Triangle Port @ Tarlton @ Crosstown 0.24 TOTAL ACRES 13.36 Event Line Response ATTACHMENT "B" Company: 1 Supplier Group: 1 Supplier Contact: 1 Line Details Description: Item: STORM WATER GROUP 2 Quantity: 280.0000 GTIN: Manufacturer Code: Commodity Code: Line Response Information Event #: 114-1 Supplier: 1355 Supplier Contact Name: Edward Tijerina Line Response Item Description: 18 Properties: 13.36 acres x UOM: AC GTIN Description: Division: Line #: 6 Supplier Name: La Med Facility Maintenance Output Type: Blanket Requested Delivery Date: Manufacturer Number: Commodity Description: ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Vendor Item: STORM WATER GROUP 2 Vendor Item Description: 18 properties: 13.36 Acres Quantity: 280.0000 UOM: AC Unit Price: 55.00000 No Charge: No No Bid: No Extended Price: 15,400.00 Delivery Date: Response Comments: Page 1 of l June 3, 2016 UOM Detail: Acres ATTACHMENT "C" INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management CERTIFICATE OF INTERE TED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. So 1 iv/ LG Imcdl -(0,(1\1-hi alC .t o w vel 2 Name of governmental entity or state agency which the form is being filed. that is a party to the contract for 3 Provide the identification number used by the governmental entity or state agency to and provide a description of the goods or services to be provided under the contract. Can-xc%d 1 1 track or identify the contract, 4 Name of Interested Party City, State, Country Nature of Interest (check applicable) (place of business) Controlling Intermediary ❑ C n ❑ ❑ ❑ ■El ❑ u C 5 Check only if there is NO Interested Party. ( l 6 AFFIDAVIT AF I swea , or affirm, under natty of perjury, that the above disclosure is true and correct. tn ureo c n Sig authoriz4i agent of contracting business entity Sworn to and subscribed before me, by the said I£c1v C r d v %-f (f hGH , this the 1 S+ of JOA. - 20 11n to certify which, witness my hand and seal of office. Sig a of officerYdminlste ath ,1w' day nivel P-erly pm -n.4 pro E3nnted name of officer administering oath Title of officer administering oath ADD ADD ITIONAL PAGES AS NECESSARY Resolution finding the lowest, responsive, responsible bidder for mowing services by grouped acreage in response to Bid Event Nos. 104, 110, 111, 112, 113, 114, and 115; awarding a service agreement to the lowest, responsive, responsible bidder for each acreage group; and authorizing the City Manager or designee to execute a service agreement with the lowest, responsive, responsible bidder for each acreage group. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received six bids for mowing services in both high profile and low profile areas of the City in response to Bid Event Nos. 104, 110, 111, 112, 113, 114, and 115, of which only the lowest, responsive, responsible bidder may be awarded a mowing service contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding require- ment applies to a contract for goods or services, the contract must be awarded to the lowest, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid Event Nos. 104, 110, 111, 112, 113, 114, and 115 that a contract would be awarded to the lowest, responsive, responsible bidder; WHEREAS, the lowest, responsive, responsible bidder awarded a contract for Group 1 in Bid Event No. 104 is Cut Masters Lawn Service, of Corpus Christi, Texas, in the amount of $13,692.00; WHEREAS, the lowest, responsive, responsible bidder awarded contracts for Group 1A and Group 4 for Bid Event Nos. 110 and 113 in the amounts of $66,304.74 and $73,044.39, respectively, is Dorame General Repair & Lawn, of Corpus Christi, Texas, fora total amount of $139,349.13; WHEREAS, the lowest, responsive, responsible bidder awarded contracts for Group 2 and Storm Water Group 3 for Bid Event Nos. 111 and 115 in the amounts of $83,916.00 and $14,465.00, respectively, is Texas Gulf Coast Contracting, doing business as Gulf Coast Maintenance, of Corpus Christi, Texas, for a total amount of $98,381.00; WHEREAS, the lowest responsible bidder for Group 3, Bid Event No. 112, is Gulf Coast Maintenance, a local bidder whose bid amount was identical to La Med Facility Maintenance, of San Antonio; however, Texas Gulf Coast contracting, dba Gulf Coast Maintenance has declined to accept a contract award for Group 3, Bid Event No. 112; WHEREAS, the lowest, responsive, responsible bidder awarded contracts for Group 3 and Storm Water Group 2 for Bid Event Nos. 112 and 114 in the amounts of $22,083.60 and $15,400.00, respectively, is La Med Facility Maintenance, Inc., of San Antonio, Texas, for a total amount of $37,483.60; WHEREAS, the City Manager, or designee, is authorized to execute a contract for each bid event with the lowest, responsive, responsible bidder, as indicated; and WHEREAS, in the event the lowest, responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest, responsive, responsible bidder, in succession, in order to secure replacement mowing services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct. Section 2. The City Council finds that Cut Masters Lawn Service is the lowest, responsive, responsible bidder for Group 1 in Bid Event No. 104 and is awarded a contract in the amount of $13,692.00, as shown in the attached Exhibit A. Section 3. The City Council finds that Dorame General Repair & Lawn is the lowest, responsive, responsible bidder for Group 1A and Group 4 in Bid Event Nos. 110 and 113 and is awarded contracts in the amounts of $66,304.74 and $73,044.39, respectively, as shown in Exhibit A. Section 4. The City Council finds that Texas Gulf Coast Contracting, doing business as Gulf Coast Maintenance is the lowest, responsive, responsible bidder for Group 2 and Storm Water Group 3 in Bid Event Nos. 111 and 115 and is awarded contracts in the amounts of $83,916.00 and $14,465.00, respectively, as shown in Exhibit A. Section 5. The City Council finds that Texas Gulf Coast Contracting, dba Gulf Coast Maintenance is the lowest responsible bidder for Group 3, Bid Event No. 112, but has declined to accept a contract award for this group and, alternately, finds La Med Facility Maintenances to be the lowest, responsive, responsible bidder for Group 3. Therefore, the City Council finds that La Med Facility Maintenance is the lowest, responsive, responsible bidder for Group 3 and Storm Water Group 2 in Bid Event Nos. 112 and 114 and is awarded contracts in the amounts of $22,083.60 and $15,400.00, respectively, as shown in Exhibit A. Section 6. The City Manager, or his designee, is authorized to execute contracts with the lowest, responsive, responsible bidder for each separately identified acreage group, shown by item number, in accordance with the terms and conditions stated in Bid Event Page 2 of 3 Nos. 104, 110, 111, 112, 113, 114, and 115, as applicable. Furthermore, in the event the lowest, responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or his designee, is authorized to execute a contract for the remainder of the contract term with the next lowest, responsive, responsible bidder, in succession, in order to secure replacement mowing services for the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary day of , 2016 Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Nelda Martinez Mayor Page 3 of 3 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ AWARD SUMMARY BID EVENT NO. 104, 110, 111, 112, 113, 114 and 115 MOWING SERVICES GROUP AWARD TOTAL: TOTAL AWARD: $288,905.73 813 692.00 $37 483.60 $98 381 00 5139 349 13 $0.00 $0.00 NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations are based on bidders' profile and qualifications. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. NOTE: Gulf Coast Maintenance was presented Group 3 due to local preference over La Med Facility Maintenance, however, Gulf Coast Maintenance declined the offer; therefore, La Med is being recommended. $0.00 Cut Masters Lawn Service Corpus Christi, TX La Med Facility Maintenance, Inc. San Antonio, TX Texas Gulf Coast Construction, dba Gulf Coast Maintenance Corpus Christi, TX Dorame General Repair & Lawn Corpus Christi, TX Gainco, Inc. Portland, TX Maldonado Nursery and Landscaping, Inc. Corpus Christi, TX Skavels Construction Corpus Christi, TX UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE Event#104 1 Group 1 mowing 273.84 Acre $50.00 $13,692.00 $55.00 $15,061.20 $55.00 $15,061.20 $0.00 $0.00 $80.67 $22,090.67 $104.95 $28,739.51 $100.00 $27,384.00 13 properties Event#110 2 Group 1A mowing 1,326.36 Acre $50.00 $66,318.00 $55.00 $72,949.80 $50.00 $66,318.00 $49.99 $66,304.74 $65.00 $86,213.40 $104.95 $139,201.48 $72.00 $95,497.92 7 properties Event#111 3 Group 2 mowing 1,678.32 Acre $55.00 $92,307.60 $55.00 $92,307.60 $50.00 $83,916.00 $52.75 $88,531.38 $76.65 $128,643.23 $104.95 $176,139.68 $100.00 $167,832.00 22 properties Event#112 4 Group 3 mowing 401.52 Acre $155.00 $62,235.60 $55.00 $22,083.60 $55.00 $22,083.60 $0.00 $0.00 $67.00 $26,901.84 $104.95 $42,139.52 $0.00 $0.00 20 properties Event#113 5 Group 4 mowing 1,461.18 Acre $55.00 $80,364.90 $55.00 $80,364.90 $50.00 $73,059.00 $49.99 $73,044.39 $65.00 $94,976.70 $104.95 $153,350.84 $0.00 $0.00 11 properties Event#114 6 Storm Water 280.00 Acre $112.00 $31,360.00 $55.00 $15,400.00 $0.00 $0.00 $0.00 $0.00 $105.00 $29,400.00 $165.00 $46,200.00 $0.00 $0.00 Group 2 mowing 18 properties Event#115 7 Storm Water 263.00 Acre $112.00 $29,456.00 $55.00 $14,465.00 $55.00 $14,465.00 $0.00 $0.00 $105.00 $27,615.00 $165.00 $43,395.00 $0.00 $0.00 Group 3 mowing 14 properties GROUP AWARD TOTAL: TOTAL AWARD: $288,905.73 813 692.00 $37 483.60 $98 381 00 5139 349 13 $0.00 $0.00 NOTE: Contracts are being recommended for award to more than one bidder in order to ensure that work will be completed in a timely manner. Award recommendations are based on bidders' profile and qualifications. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. NOTE: Gulf Coast Maintenance was presented Group 3 due to local preference over La Med Facility Maintenance, however, Gulf Coast Maintenance declined the offer; therefore, La Med is being recommended. $0.00 GROUP.1 AREAS �J 3 rEOPLES uowntown 1 bayrront Parks AC GROUP 1 MAINTENANCE AREA LOCATION/ADDRESS 1 Shoreline Medians #1 Federal Courthouse to 137 0.28 2 Shoreline Medians #1 a Power St. to Federal Courthouse 0.46 3 Shoreline Medians #2 137 to Mann (Orions) 0.62 4 Shoreline Medians #3 Mann to Twigg 0.56 5 _ Shoreline Medians #4 Twigg Circle 0.071 6 Shoreline Medians #5 Twigg to Taylor 0.58 7 Shoreline Medians #6 Taylor to Starr 0.54 0.57 8 Shoreline Medians #7 Starr to Peoples 9 Shoreline Medians #8 Peoples to Schatzell 0.54 10_ Shoreline Medians #9 Schatzell Circle 0.20 11 Shoreline Medians #10 Schatzell Triangle 0.20 _ 12 -Shoreline Shoreline Medians #11 Schatzell to Lawrence 0.93 13 Medians #12 Lawrence to Williams 0.97 TOTAL 6.52 GROUP 1A 14 Downtown / Bayfront / Parks MAINTENANCE AREA Art Center Grounds LOCATION/ADDRESS 15 16 17 18 19 20 Marina Marina McCaughan Park Old City Hall Park Sherrill Park Old Memorial Coliseum Site AC Williams to Coopers Alley Peoples St. T -Head Lawrence St. T -Head 602 N. Shoreline 100 Kinney 222 S. Shoreline Dr. 402 S. Shoreline TOTAL 3.23 6.31 6.52 5.97 1.68 3.24 4.63 31.58 GROUP 2 AREAS Mesquite Medians Chaparral Circle Mesquite Medians SMG Lot 25 SMG 44i6011111 tIllir - SMG Lot 2t& ial Harbour Playhouse Grounds/Lot Z la SMG Lot 2 1111 SMG Lot 3 SMG Lot 5 ......3 yi 1M Fountain Bayfronti Pirk ga .1'1,‘:.• iiii fig,. illialitiN 11.. 111, ,7 . iiii: °111111111.1.1' . ..-- .0. 3 ChaPe \U 'rat Thumb Chaparral heewells paffat Truevrells trirraskaroltip twompsuarro" WPM* MOM ST del = ler ".! 48•MI IMO MUM Mini • /ME MOM 11 IMM = - MIN • WPM OM - Oil-- -- NMI • MN MOM 7 woo- lams somi ammi• - • own: min 1111• nO 0 -r- uowniown i t3ayrront 1 rarKs GROUP 2 MAINTENANCE AREA LOCATION/ADDRESS AC 1 Chaparral Circle Mesquite & Chaparral 0.07 2 Chaparral St. Tree Wells 137 to Brewster 3 Harbor Playhouse Grounds Heritage Park 1 Bayfront Park, Chaparral St. Fitzgerald 1.54 4.78 4 5 Lot 12, Vacant Lots Mesquite St, Resaca to Hughes 1.37 6 Mesquite Medians Brewster to Hirsch, (Water Tower) 0.45 7 Mesquite Medians Hirsch to Harbor 0.44 8 Mesquite Medians Mesquite @n Museum of Sci & Hist 0.26 9 Museum of Sci & Hist, Lot 26 1900 N. Chaparral 5.30 P 10 Old Bayview Cemetery Ramirez & Waco 3.14 11 Oveal Williams Sr. Center 1414 MLK Dr. 1.37 12 Seaman's Center Lot 1501 Mesquite 1.06 13 SMG Lot 10 Hughes & Chaparral 2.45 14 SMG Lot 2 Resaca to Brewster 1.45 15 SMG Lot 21 & Triangle & AMC Tria Convention cntr. Entrance @ Hughes_1.10 16 SMG Lot 24 Brewster & Chaparral 1.02 17 SMG Lot 25 Hirsch & Chaparral 0.76 18 SMG Lot 3 Resaca to Hughes 2.40 19 SMG Lot 5 Fitzgerald to Resaca 2.22 20 TD Maintenance Yard 1709 N Mesquite 1.38 21 Water Garden Grounds Arts & Sci Park, Chaparral & Hirsch 4.10 22 Bayfront Fountain Park 1800 Blk N. Shoreline c@' Resaca 3.30 TOTAL 39.96 v GROUP 3 AREAS _$ Sister dity Median ►. N, r ri N�MOM W'IW • �. d 11 MI NNE !■■...1 w-r— M I —I -111!". mar Mil MIMIINMI MINMN■1i i :14. • MEM EM • MOM MNNW P MIMI Mil MINIM ..1 _..M --1_= E... ;NM INMII 041111 1 Gateway'Media,s,#3 Gateway Medians #4 FPAI NMill IEEEM ` — - � —111 SIMN— ENE NIM ■■!MI MEM EMI EMI 1=MI 11.11.1 MI= MOM • MEM UMW r: :i fir. r, ll Alley Planter East 1• Coopers Alley Planter.West 3 0111 two 1 ti olloolruft Federal Courthouse Gailay Medians - l #1 Gateway Medians #1a Gateway c �ns #2 `71.4r y137 Easement 4111111 -Mann St`Pa tL tL MW111 Min ZIW I MIM Broadway, Bluff.#1, I' is .-Nr4 Artesian EjBroadway. Bluff #2 BroadwiH I ay Bluff #3 la Retama. - avadw y B/uff#4 • fr--t* `� Sponn Broadway Bluft:#5 ttt 1 \ 4111111. r, I a 0 m L. %Lila salsa uilis'sr I1U1111 ..• Iflfl "" 1„�►.l1�1i}`�� "°1111111 1tn11 mossii ••••••• _ow •••••0 woo IMO LJ _nu Bi adway Bluff #s ION 0011 101011 Downtown / Bayfront / Parks GROUP 3 MAINTENANCE AREA LOCATION/ADDRESS 1 Artesian Park Chaparral & Twigg 2 Lower/Upper Broadway Bluff #1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Lower/Upper Broadway Bluff #2 Lower/Upper Broadway Bluff #3 Lower/Upper Broadway Bluff #4 Lower/Upper Broadway Bluff #5 Lower/Upper Broadway Bluff #6 Coopers Alley Planter East Coopers Alley Planter West Gateway Medians #1 Gateway Medians #la Gateway Medians #2 Gateway Medians #3 Gateway Medians #4 Federal Courthouse La Retama Park Mann St. Parking Lot 137 Easement Sister City Median Spohn Park Taylor to Buffalo (±30° slope) Buffalo to Antelope (±30° slope) Antelope to Leopard (±30° slope) Leopard to Lipan (±30° slope) Lipan to Mesquite (±30° slope) YMCA Complex to Park (±30° slope) Coopers Alley East of Mesquite Coopers Alley West of Mesquite Water to Shoreline AC 1.04 0.13 0.22 0.25 0.60 0.48 0.47 Water to Shoreline (sidewalk easement) Chaparral to Water Mesquite to Chaparral Hwy 181 to Mesquite Behind courthouse, Chaparral to Water 500 Mesquite 9800 Block Mesquite 137, Mesquite to Chaparral 137, Mesquite to Chaparral 213 Mesquite 0.02 0.01 0.05 0.02 0.19 0.64 0.41 1.30 0.50 1.55 0.13 0.72 0.83 TOTAL 9.56 GROUP 4 AREAS a ESTIIVA Old Sears Properfy� 1 111 111 r MESTINA 1I City Hall Grounds Ce It`I l-L-ibraryj cOjftANCHE HOWARD r I 1 Adigra 3 1310 ALKtvse Tennis Center South Bluff Park 11111►111 VLIP_Irn r a Downtown / Bayfront / Parks GROUP 4 MAINTENANCE AREA LOCATION/ADDRESS AC 1 Al Kruse Tennis Center 502 King St. 1.57 2 South Bluff Park 500 Tancahua 9.16 3 Central Library 805 Comanche 1.67 4 City Hall Grounds 1201 Leopard 9.10 5 Old Sears Property 1100 Leopard, Adjacent to City Hall 2.36 6 Dr. H.J Williams 1506 Minton 6.76 7 Old Police Station 1519 Winnebago St. 0.25 8 Daycare 1517 Winnebago St 0.47 9 T.C. Ayers 702 N. Brownlee 1.85 10 Lovenskold 1600 Antelope 0.66 11 Cabra 1323 W. Broadway 0.94 TOTAL 34.79 ROW Strip Mowing Contract (Improved) Group 2 w z-01 •� 2-08 2-14 2-02 2-09 2-14A 2-10 2-15 2-04 ® 2-11 = - 2-16 2-05 ''••••• 2-12 eii 2-17 2-08 2-13 2-18 2-07 ‘•• 2-19 2-20 a -n, tau w si i w..n.r:ou owi�oa, :11f01.4 eeitmx GROUP 2 Acreage G2-1 Greenwood R.O.W. W/Side of Greenwood from Gollihar to Westpoint 0.27 G2-2 Ayers Strip South side of Ayers, Horne Rd. to Fannin 0.84 G2-4 Vanderbilt Entrance Ayers St. & Roosevelt Dr. and circle at Ellis and W. 0.14 G2-5 Clark Circle Clark & West Clark, 110 Vanderbilt, Normandy & CI 0.32 G2-6 Ramsey Median Brawner Pkwy. To Horne Rd. 0.50 G2-7 Horne R.O.W. Ramsey to Ayers on East side of Horne Rd. 0.11 G2-8 Sacky Dr. R.O.W Sacky, S. side, Wharton to Bowie St. 0.22 G2-9 Reid Triangle Corner of Reid & 2700 Alameda 0.14 G2-10 Mid Town Interchange Agnes/Laredo from Carrizo to Lower Broadway 6.73 G2-12 Brownlee South corner of Staples and Brownlee 0.07 G2-13 Baldwin Strip Along N/Side of Baldwin across from Del Mar Coltec, 0.21 G2-14 Greenwood R.O.W. Holly to the Wal-Mart Road, both sides 1.54 G2-14A Cliff Maus Old Brownsville Rd-Rockford end of sidewalk W/Sic 0.12 G2-15 West Point Columbia - Greenwood East South Side 0.16 G2-16 Calle Cuernavaca Saratoga - Dead End East/West Side 0.59 G2-17 Calle Las Colonies Saratoga - Dead End West Side 0.43 G2-18 Greenwood Holly - Saratoga Both Sides (Measured Portions) 0.73 G2-19 Port Triangle Port @ Tarlton @ Crosstown 0.24 TOTAL ACRES 13.36 ROW RC ROStrip Mowing Contract (Improved) Group 3 z34 4.11 Legend Group ID — G3-07 — G3-14 1111 G3-01 (deleted) G3-08 G3 -14A • G3-02 �■ G3-09 G3-15 •� G3-03 63-10 ; �-+ G3-16 -04 G3-11 ��, G3-17 G3-05 63-12 G3-18 63-06 G3-13 GROUP 3 Acreage G3-2 Alameda Terrace 5800 Alameda N. side 0.44 G3-4 Lum Triangle 700 Airline Rd. @ Lum Ave. 0.18 G3-5 S. Staples Strip 4500 S. Staples West side @ Collingswood 0.21 G3-6 Mustang R.O.W. Mustang Trail from Golihar to S. Staples 0.21 G3-8 McCall Strip McCall, north side from Reid to Alameda 0.35 G3-10 Texas Triangle Texas and Swantner 0.33 G3-12 Doddridge Doddridge, n. side, Pope to Fort Worth w / islands 0.14 G3-13 Weber Weber, north side, from Staples St. to Linden 0.31 G3-14 Kostoryz Kostoryz, b/sides from S. Staples to Brawner Pkwy 2.38 G3-14a Kostoryz Kostoryz, both sides from Holly to Saratoga 3.59 G3-15 Carroll Lane R.O.W. From Gollihar to Harris on E/Side of Carroll Ln.; from Tweet to Tiger Ln. on W/Side, S. of SPID 0.50 G3-16 Golihar R.O.W. Gollihar, N. side from Carroll Ln. to Hamlin. 0.85 G3-17 Parkdale Median Whataburger Way to Marie ( 6 Medians) 0.66 G3-18 Staples Strip Annapolis to Brawner - West side only 2.38 TOTAL ACRES 12.53 Service Agreement Agreement No. 752 BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between Cut Masters Lawn Service ("Contractor") of Corpus Christi, Texas, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 104") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of the Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $13,692.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. The Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. Page 2 of 6 11. Subcontractors. The Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, the Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to the Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor 10 days' written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to the Contractor. However, the City may terminate this Agreement upon 24 hours written notice to the Contractor for the Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. The Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Cut Masters Lawn Service: Attention: David Alvarez PO Box 270100 Corpus Christi, TX 78427 Fax: 361-730-9191 Email: cutmasterslawnservice361@gmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND, EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL Page 4 of 6 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature. Printed Name. Title: David A Alvarez Owner Date: 05/10/2016 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements Ap ed as to fo.rm: •, /4 Assist City Atto e For Ci ttorney Incorporated by Reference Only: Exhibit 1: RFB No. 104, RFB BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING Exhibit 2: Contractor's Bid Response Page 6 of 6 Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N = Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is Tess than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REOUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three (3) inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly (approximately 8 cuts) during the non -growing season, November through February. 2. Cycles descriptions are listed below: Growing Season (March through October) 34 cycles = weekly 17 cycles = bi-weekly 11 cycles = monthly Non -growing Season (November through February) 8 cycles = bi-weekly 4 cycles = monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two (2) feet of said areas. 2. Beds and Groundcovers — Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6, 7 and 8. 3.All weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March, June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1) Ornamental Plant and Shrub Control (2) Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated, resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: r-45U1P1 AREAS Lill . _ — TWIG* F TAYLOR PEOPLES 11 IL Shoreline Medians -#1O 441Ift 41%%ii&tviv 4:111V111 STARR Shoreline Medians #5 re_ Xia khki. • • , 11 n ,..,kirii rt,...j466.; . ° i l• iv_illsmik_ii 144 •7: uowniown i �sayfront 1 rarKs GROUP 1 MAINTENANCE AREA LOCATION/ADDRESS AC 1 Shoreline Medians #1 Federal Courthouse to 137 0.28 2 Shoreline Medians #la Power St. to Federal Courthouse 0.46 3 Shoreline Medians #2 137 to Mann (Orions) 0.62 4 Shoreline Medians #3 Mann to Twigg 0.56 5 Shoreline Medians #4 Twigg Circle 0.07 6 Shoreline Medians #5 Twigg to Taylor 0.58 7 Shoreline Medians #6 Taylor to Starr 0.54 8 Shoreline Medians #7 Starr to Peoples 0.57 9 Shoreline Medians #8 Peoples to Schatzell 0.54 10 Shoreline Medians #9 Schatzell Circle 0.20 11 Shoreline Medians #10 Schatzell Triangle 0.20 12 Shoreline Medians #11 Schatzell to Lawrence 0.93 13 Shoreline Medians #12 Lawrence to Williams 0.97 TOTAL 6.52 Event d 104-5 - Une Response', Attachment 2: Schedule of Pricing 9!9/16. 12:42 PM 2701D0 BOX o0 Corpus Christi, TX 78427 Supplier Portal Event # 104-5 - Line Responses Line Responses 0 Sourdng Event Response Updated C ncsi. o4l :expo.,,,, , i t ,:. )fl'=,`' /•,,.? cll�ll ll:'I •A' Respond to at least one event line. An * by the line number Indicates a response Is required. Line Responses Line Item DE Cription GROUP 13 273.8400 273.8400 AC 50.00000 13,692.00.t 1 Properties: response 6.52 acres x Line Response F tendeT Quantity Quantity UON. Unit PI Ice Price Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cut Masters Lawn Service Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number. 201647632 Date Filed: 04/29/2016 Date Acknowledged: 3 Provide the identification number used by the govemmental entity or state agency to track or identify the contract, and provide a description of the services, goods or other property to be provided under the contract. Sry Agrmt 752,Event no. 92 Lawn Service 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT _ GLORIA P CACERES 1 ,,,,,,,„„,I IMy Commission Expire Murch 25, 2019 AFFIX NOTARY STAMP / SEAL ABOVE I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorii of contracting business entity Swam to and subscribed before me, by the said 4L//f/(6( .41iIL V L this the a (?"11- day of /Or(/L , 20 to to certify which, witness my hand and seal of office. P Mori. P Cctc-P.rt,s Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 1852 Service Agreement Agreement No. 753 BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between Dorame General Repair & Lawn ("Contractor") of Corpus Christi, Texas and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 110") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $66,304.74, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. Page 1 of 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes Page 2 of 6 is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - Page 3 of 6 delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Dorame General Repair & Lawn: Attention: Ramon Dorame 4213 Hamlin Dr. Corpus Christi, TX 78411 Fax: 361-533-6728 Email: do-ra-me@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER Page 4 of 6 DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Name: d,*fr»mN Tifle: r'3 7 -1 Date: CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFB No.110, RFB Bayfront Parks and Medians Turf and Grounds Maintenance Exhibit 2: Contractor's Bid Response Page 6 of 6 ed as o form: j gfi ' .. Lk( Assist= n City Atto ey For C Attorney Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N = Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he/she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three (3) inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered m a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly (approximately 8 cuts) during the non -growing season, November through February. 2. Cycles descriptions are listed below: Growing Season (March through October) 34 cycles = weekly 17 cycles = bi-weekly 11 cycles = monthly Non-growing Season (November through February) 8 cycles = bi-weekly 4 cycles = monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two (2) feet of said areas. 2. Beds and Groundcovers — Weed -Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year for group 5. Weed -free maintenance should be performed annually each Spring in March for groups 6,7and8. 3.A11 weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre -Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March, June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1) Ornamental Plant and Shrub Control (2) Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand. of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated, resigned or quit for any cause within the past 5 years. E. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: GROUP 1A Downtown / Bayfront / Parks MAINTENANCE AREA LOCATION/ADDRESS 14 15 16 17 18 19 20 Art Center Grounds Williams to Coopers Alley Marina Peoples St. T -Head Lawrence St. T -Head Marina McCaughan Park Old City Hall Park Sherrill Park Old Memorial Coliseum Site 602 N. Shoreline 100 Kinney 222 S. Shoreline Dr. 402 S. Shoreline AC 3.23 6.31 6.52 5.97 1.68 3.24 4.63 TOTAL 31.58 1 Attachment 2: Scope of Work Response For Supplier: Dorame General Repair & Lawn L "'Event#: U0,1 Name: B'ayfrontfDowntown/Parks and Storm Water Mowing Description: Twelve month service agreement with an option to extend for up to four (4) additional twelve (12) month periods, subject to the approval of the City Manager or designee for Bayfront Parks and Medians Turf and Grounds Maintenance in accordance with Specification No. SPI 168. All responses should be hand delivered to the City Hall 4th Floor Purchasing Department at 1201 Leopard Street, Corpus Christi, TX 78401 prior to the bid response, close date & time. Preview Date: Open Date: 03/04/2016 06:00:00 PM Close Dated 03/0P2016 02:20:00 PM Responded To: 1 Out of 1 Lines Total Bid Amount: 66,304.74 USD Q & A Open Date: Q & A Close Date: Dispute Close Date: Question Responses Question Answer 1. Refer to "Instructions to Bidders" and Yes Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, Bidder certifies that a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer, and c. the disclosure of Interest information on file with the City's purchasing office, pursuant to the Code of Ordinances, is current and true. The Business Designation Form is required to Yes be submitted with your bid. Please upload the completed form now. Much 7, 2016 72004 PM Attachment Business Designation Form.pdf Page 1 Event # 110-1: Bayfront/Downtown/Parks and Storm Water Mowing Question Answer Attachment The Disclosure of Interest Form is required to be Yes submitted with your bid. Please upload the completed form now. CERTIFICATE OF INTERESTED PARTIES - Yes Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this agreement. Please see attached instructions for Sling. Once registration is complete, please print form, sign, notarize and attach Form 1295 here. Did you complete registration and upload a copy of Foran 1295? Is the form signed and notarized? Disclosure of Interest.pdf • Cert of Interested Parties.pdf Line Responses Line 2: 7 properties: 31.58 acres x Item: GROUP lA 7 properties: 31.58 acres x ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES Quantity: 1,326.3600 UOM: AC Bid Quantity: 1,326.3600 No Charge: No Vendor Item: GROUP 1A March 7, 2016 7:28:04 PM Unit Price: 49.99000 No Bid: No 7 Properties 31.58 acres Extended Price: 66,304.74 Page 2 Attachment : n rance e irement INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises -- Operations 3. Products,' Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management CERTIFICATE OF INTERESTED PARTIESFORM 1295 3.of1 Compiete Nus 1- a and 6 5 there are interested prudes. Complete Nos. 1.2. 3.5. and 6 if there are no interested prunes. OFFICE USE ONLY CERTiRCATION OF FILING 1 Name af business antity filing form, end the city, state and county of the business entity's place of bushel= Dorame General Repair corpus chxbd, TX United States - Cerdfcate Number: 2016-13370 Data Flied: filed. - : • entity or state agency that Is a party to the contract for wform which the foIs beingCity of Corpus Christi • X1512016 Date Acknowledged: 3 Provide the Idendficadon number used by the govemmeatal entity or state agency to track or idendfy the contact, end provide a description of the goods or services to be provided under the contract. Even.-W.31 Z• • Mowing Sears 4 . Name of Interested Party City, State, Country (place of business) Natureof Interest( aPpikable) . Control6reg Intermediary Demme, Ramon Carpus Christi, IX United States X • 5 Check ordy iI there is I10 Wended Party. ❑ 6 MRDA11R I swear. or titin, under penalty of pw4uy. that the above disclosure is Due and coned. 9igntaeae of rued agent of contraethtg business roily AFFIX NOTARY STAMP f SEAL. ABOVE Sworn to and subscribed before me. by the said this the day of kMf , . 20 No . tui certify which, witness my hand end seal of office. / / i ...,:. —.. 1-_ '• EVELYN W. �1 MyApra 22,'f Sass "y ... Jr. 4?:t1: , , . of officer adndnistadng oath P P. name of Weer edn wing oath Tt a of officer administering oath Fomes nmvfded by Teras Ethics CEIMITIbLelifIn ...,m a,Hd..e es.e ....... ..--.- - . — — ---.. • Service Agreement Agreement No. 756 BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING THIS BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Agreement") is entered into by and between Dorame General Repair & Lawn ("Contractor") for Corpus Christi, Texas, and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING in response to the City's Request for Bids ("RFB No. 113") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Contractor to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide BAYFRONT PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE MOWING ("Services") in accordance with this Agreement and the Scope of Services as shown in Attachment "1". 2. Term. This Agreement is for one year commencing on the issuance of a notice to proceed. The Agreement includes an option to extend for up to four additional one year terms subject to the written approval of Contractor and the City Manager. 3. Compensation and Payment. This Agreement is for an amount not to exceed $73,044.39, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "2" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under Page 1 of 6 this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator Name Contract Administrator Department Contract Administrator Address Contract Administrator Phone and Email Patrice Aubert Park and Recreation PO Box 9277 Corpus Christi, Texas 78469-9277 361-826-1699 PatriceA@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract. Contractor's insurance requirements are attached to this Agreement as Attachment "3". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September 30th) is subject to appropriations and budget approval providing for such contract item as expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Page 2 of 6 Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail; postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mail if sent certified mail. Notice must be sent as follows: Page 3 of 6 IF TO CITY: City of Corpus Christi Attention: Parks and Recreation Contract Administrator PO Box 9277 Corpus Christi, Texas 78469-9277 Fax: 361-826-3864 Email: PatriceA@cctexas.com IF TO CONTRACTOR: Dorame General Repair & Lawn: Attention: Ramon Dorame 4213 Hamlin Dr. Corpus Christi, Texas 78411 Fax: 361-533-6728 Email: do-ra-me@hotmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL Page 4 of 6 CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, the bid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Page 5 of 6 CONTRACTOR Signature: Printed Name: /67,7nd Title: , e5",�t./ Date: -57-4,— CITY 57—/ — CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment 1: Scope of Work Attachment 2: Schedule of Pricing Attachment 3: Insurance Requirements Incoraorated by Reference Only: Exhibit 1: RFB No. 113, RFB Bayfront Parks and Medians Turf and Grounds Maintenance Exhibit 2: Contractor's Bid Response Page 6 of 6 Approved as to form: 4i Assist City Attor ey For Ci Attorney Attachment 1: Scope of Work City of Corpus Christi Specification No. 1168 Purchasing Department Date: 2/25/16 Revised SPECIFICATIONS FOR PARKS AND MEDIANS TURF AND GROUNDS MAINTENANCE I. SCOPE: These specifications cover performance and general requirements for Parks and Medians Turf and Grounds Maintenance for the Parks and Recreation Department. II. CLASSIFICATION: The Parks and Medians Turf and Grounds Maintenance is undertaken in accordance with the Parks and Recreation Department's system maintenance operations. All areas are located within the City limits of the City of Corpus Christi. The following are requirements for this service. Bidders who answer "N", Do Not Comply, for any requirement will be deemed non-responsive and will be eliminated from consideration. C = Comply N=Do Not Comply III. GENERAL REQUIREMENTS: A. TYPE OF WORK: Grounds and Turf Maintenance for parks, medians and green space areas including, but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides and play areas. B. EQUIPMENT: All grounds and turf maintenance equipment with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. C. HERBICIDE: The only herbicide permitted for use shall be ROUNDUP, and it shall be mixed and applied according to the manufacturer' recommendation and current State licensing requirements. The successful contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. A current copy must be submitted with bid. Herbicide shall be applied to: 12 inches to both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattem must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide with the exception of the designated loading facility located at the O.N. Stevens Plant. This is the only authorized water loading facility available to the Contractor while on City property. The Contractor shall bear the cost of any water obtained from this loading facility. Use of any other water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. D. SAFETY REQUIREMENTS: 1. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. For all medians 5' wide and larger all portions of streets shall be kept open to traffic. In areas where median width is less than 5' partial lane closure is required to ensure safety. The partial closure is only allowed for the time that work is being performed on the section of the median that is less than 5' wide and will be removed as soon as all work on the area is completed. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. 2. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset, Monday through Sunday. Saturday and Sunday mowing will require approval from the Contractor Administrator to ensure there is no interference with activities, rentals or special events. 3. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. 4. Protection of Property: The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and, in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he/she shall restore at his/her own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he, she shall make good such injury or damage in an acceptable manner. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 5. The Contractor and designated contract lead shall attend an orientation prior to beginning any work. E. OZONE WARNING DAYS: 1. All push mowers, string line trimmers, motor scooters and other small engines will not be used on designated Ozone Action Days. 2. No mowing will be done on the designated Ozone Action Days except in the case of the Contract Administrator or designee notifying of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or his designee and received permission to proceed with work order. F. SECURITY REQUIREMENTS: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. G. PROTECTION OF PROPERTY: The Contractor shall take proper measures to protect all property which might be damaged by Contractor Work hereunder, and in case of any injury or damage resulting from any act or omission on the part of or on behalf of the Contractor, he shall restore at his own expense the damaged property to a condition similar or equal to that existing before such injury or damage was done, or he shall make good such injury or damage in all acceptable manner. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. H. LEGAL REQUIREMENTS: 1. Laws to be Observed: The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and local laws, ordinances and regulations which in any manner affect the conduct of the Work and shall indemnify and save harmless the City and its representatives against any claim arising from the violation of any such law, ordinance or regulations, whether by himself or by his employees. 2. Permits, Licenses, Fees and Taxes: The Contractor shall procure all permits and licenses, pay all charges, fees and taxes, and give all notices necessary and incident to the due and lawful prosecution of the Work. These provisions for securing permits, licenses and paying for all charges, fees and taxes will not be paid for directly but shall be considered subsidiary to the various bid items of this contract. 3. Responsibility for Damage Claims: CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 4. Independent Contractor Status: Contractor is an independent contractor, not a City employee. Contractor will provide worker's compensation insurance and will pay all F.I.C.A. taxes on employees it hires. Neither Contractor nor Contractor's employees are entitled to any City employee benefits. All employee benefits are the sole responsibility of Contractor. Contractor shall pay all sales tax generated by its operation prior to the due date. Contractor shall withhold and pay to the appropriate governmental agencies all withholding taxes, F.I.C.A. withholding, Medicare withholding, FUTA, and all similar taxes prior to the due date. IV. PERFORMANCE REQUIREMENTS: A. LITTER REMOVAL AND DISPOSAL OF LITTER AND DEBRIS 1. Prior to each mowing operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the areas of contract locations. Including, but not limited to, fence lines, lawns, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces, etc. within the contract areas. Pick-up shall consist of removal of visible litter larger than three (3) inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from mowing equipment. 2. After mowing, the Contractor shall remove any trash and debris that were cut up by the mowing process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in Accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. While collection vehicle is in motion all trash and debris will be covered in a manner that does not allow for any to escape from the transport vehicle. 3. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement and applicable fine. B. MOWING AND TRIMMING 1. Turf shall be mowed to a height of three (3) inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle requirements indicated on the property detail form. a. Group 1A must be cut weekly (approximately 34 cuts) during the growing season, March through October and bi-weekly (approximately 8 cuts) during the non-growing season, November through February. 2. Cycles descriptions are listed below: Growing Season (March through October) 34 cycles = weekly 17 cycles = bi-weekly 11 cycles = monthly Non-growing Season (November through February) 8 cycles = bi-weekly 4 cycles = monthly 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be accomplished in such a manner as not to damage trees, shrubs, plants, signs, or other obstructions. Mowing will not be permitted when, in the opinion of the Contract Administrator, soil and weather conditions are such that the right-of-way will be damaged. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting lawn clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. immediately after each mowing by the Contractor prior to the work crew leaving the work site. 7. Contractor shall perform all trimming at each mowing using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, air conditioning units, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces, under bleachers, and around running tracks. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no point will the trim wire come in contact with trees or bushes. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove sucker growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. This shall be completed using hand or mechanical loppers to give a clean cut. C. WEED CONTROLS 1. Hard Surfaces Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two (2) feet of said areas. 2. Beds and Groundcovers — Weed-Free Maintenance Use of herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year for group 5. Weed-free maintenance should be performed annually each Spring in March for groups 6, 7 and 8. 3.A11 weeds growing in and out of the bushes must be removed every service date. D. EDGING 1. This work shall include all curbs and sidewalks. Cut all edges with a mechanical edging device (not line trimmers) three (3) times per year during the growing season. The first edging shall be completed in March, the second in June and the third in October. Groups 6, 7 and 8 do not have mechanical edging requirements. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the lawn areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge ONLY with steel disc or steel blade edgers. String line trimmers shall not be used for edging. E. PRUNING EXISTING SHRUBS, GROUNDCOVERS, AND HEDGES Maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: 1. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds 6 inches. Care shall be taken to ensure natural form and shape of plants is maintained. 2. Remove all dead and damaged branches of shrubs and groundcovers and hedges. 3. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. F. MULCH 1. Pre-Emergent Herbicide: All designated mulched areas to be amended shall first be treated with a pre-emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. 2. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked three times annually in March, June and October. Mulch Amendment: All existing shrub beds, tree collars, flowerbeds, and groundcover beds shall have mulched turned, fluffed and raked annually each Spring in March. 3. Mulch requirements do not include playground areas. G. APPLICATION OF PESTICIDES 1. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: (1) Ornamental Plant and Shrub Control (2) Pest Control 2. Pesticide treatment of trees is not required under this contract. Pesticide applications under this contract will require spot treatment for ants and plant & shrub related insects or parasites as directed by the Contract Administrator or designee. 3. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. 4. Required City authorization prior to pesticide applications: The Contractor shall submit the appropriate Material Data Safety Sheets and a copy of the label of the pesticide that to be applied to the Contract Administrator or designee for authorization to proceed prior to application of the pesticide. 5. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract. 6. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 7. No uncertified persons shall apply or otherwise handle any pesticide. 8. All pesticides shall be applied in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. H. MONITOR IRRIGATION 1. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns and watering schedules that impact quality of turf and/or landscaping. I. REPLACEMENT OF DAMAGED PLANTS 1. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. J. NOTIFICATION AND INSPECTIONS 1. All requests for inspections must be turned by 8:00 a.m. the next morning. The Contractor will email the Contract Administrator indicating the locations to be inspected. 2. When a location is completed, the assigned City Inspector shall inspect the site within one (1) working day and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one (1) working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 (twenty-five) re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one (1) working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies, a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. 3. All areas have a 10% penalty for unsatisfactory or incomplete work. A 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the property(ies) missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. Bidders must have a local office with a local decision maker. 4. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, servants, and employees. 5. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. K. HOURS FOR MAINTENANCE 1. Contractor shall supply the City with a written work schedule to indicate the normal starting and completion times for its operations. Changes in such work schedules must be approved by the City. 2. The work will be scheduled during daylight hours, Monday through Friday. 3. Saturday and Sunday maintenance will be permitted upon approval by the Contract Administrator or designee. Work performed Saturdays and Sunday will be limited to low use areas and must be reported Monday morning for inspection if complete. L. TRAFFIC CONTROL REQUIREMENTS 1. Contractor shall be required to follow all traffic regulations in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials, devices and safety vests are required to protect the mowers and the traveling public. M. SITE DEFECTS 1. Contractor shall promptly (same day) notify the Contract Administrator or authorized designee of any broken or damaged irrigation systems, poor irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, and any other defects or hazards. N. FERTILIZING 1. Application of a 3-1-2 ratio of slow release fertilizer is required during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. Fertilizer application should be bid on a per acre basis. V. EQUIPMENT A. The typical type of equipment required for the ground maintenance operations are 2 commercial riding lawn mowers 60" or larger, 1 blade edger, 3 string line trimmers, and 2 blowers are required for each 80 acres per cycle awarded. Photographs and/or specifications of each piece of equipment should be included with the bid. B. Bidder shall have sufficient resources and personnel to perform the work as specified. C. Intentionally sweeping or blowing grass clippings into the streets or gutters is prohibited by a City of Corpus Christi Ordinance. VI. BIDDER'S PROFILE and QUALFICATIONS A. Bidders must have a minimum of one year (1) continuous experience in Grounds and Turf Maintenance mowing, or hold a maintenance contract that is in good standing with the City and/or Company must be in business for the last two (2) years. B. Bidder is not currently involved in litigation with the City nor has the Bidder been involved in litigation with the City during the last 5 years. C. Bidder does not have any outstanding lawsuits nor has the Bidder been involved in any lawsuits during the last 5 years that may materially affect its ability to provide the services described herein. D. E. Any bidder which has previously or is currently contracting with the City of Corpus Christi, or any other municipality, must be or have been in good standing with the municipality and shall not have been terminated, resigned or quit for any cause within the past 5 years. Provide name of municipality, term of contract, and municipality contact information. Name of Municipality: Term of Contract: Municipality Contact Name and Telephone Number: 1II I I1-11 1—I 1 1111 (l (-1 GROUP 4 AREAS 1 • mm Ord Seers Property 1 I I Ce ita ! L --fibra comae 1 3 Al ,Kruse Tennis Center Attachment 2: Schedule of Pricing Res nselFor'Supplier: Dorame General Repair 8i Lawni Lr Event # : 113-1 Name: Bayfront/Downtown/Parks and Storm Water Mowing Descripdoa: Twelve month service agreement with an option to extend for up to four (4) additional twelve (12) month periods, subject to the approval of the City Manager or designee for Bayfront Parks end Medians Turf and Grounds Maintenance in accordance with Specification No. SPI 168.A1l responses should be hand delivered to the City Hall 4th Floor Purchasing Department at 1201 Leopard Street, Corpus Christi, TX 78401 prior to the bid response, close date & time. Preview Dote: Open Date: 03 04/2016 06:00:00 PM Close Date: 0308/2016 03:20:00 PM Responded To: 1 Out of 1 Lines Total Bid Amount 87,670.80 USD Q & A Open Date: Q & A Close Date: Dispute Close D ate: Qn s1iotResponses. Question Answer Attachment 1. Refer to "Instructions to Bidders" and Yes Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, Bidder certifies that a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer, and c. the disclosure of Interest information on file with the City's purchasing office, pursuant to the Code of Ordinances, is current and true. The Business Designation Form is required to Yes be submitted with your bid. Please upload the completed form now. !lurch?, 2016 7_W:07 PM Business Designation Form.pdf Event # 113-1: Bayfront/Downtown/Parks and Storm Water Mowing Question Answer Attachment The Disclosure of interest Form is required to be Yes submitted with your bid. Please upload the completed form now. CERTIFICATE OF INTERESTED PARTIES - Yes Bidder agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this agreement. Please see attached instructions for filing. Once registration is complete, please print form, sign, notarize and attach Form 1295 here. Did you complete registration and upload a copy of Form 1295? Is the form signed and notarized? Disclosure of Interest.pdf Cert of interested Parties.pdf Line Responses Line 5: 11 Properties: 34.79 acres x Item: GROUP 4 11 Properties: 34.79 acres x ROADSIDE, GROUNDS, RECREATIONAL AND PARK AREA SERVICES. Quantity: 1,461.1800 UOM: AC Bid Quantityr-121110. Unit Pri No Charge: No No Bid: No Vendor Item: GROUP 4 11 Properties 34.79 acres March 7, 2016 7:54:07 PM Extended Pricegglinib /730y0°V X)/ Pagc 2 Attachment 3: Insurance Requirements INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation by endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises — Operations 3. Products Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2015 Insurance Requirements Parks and Recreation Department City -Wide Mowing Contract 12/15/2015 ds Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 14, 2016 TO: Margie C. Rose, Acting City Manager FROM: Dan Grimsbo, Interim Assistant Director Utilities DanG@cctexas.com (361) 826-1718 Maria Pedraza, Procurement Manager MariaPe@cctexas.com (361) 826-3176 Sodium Permanganate Supply Agreement CAPTION: Motion approving a Supply Agreement with Carus Corporation, Peru, Illinois, for approximately 720,000 wet pounds of Sodium Permanganate in accordance with Bid Invitation No. 118, based on the lowest, responsive and responsible bid for a not to exceed amount of $878,400.00 of which $219,600.00 is required for the remainder of FY 2015-2016. The term of the agreement shall be for one year with an option to extend for up to two one year terms, subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2015-2016. PURPOSE: Sodium Permanganate is a chemical used for the treatment of potable drinking water at the O.N. Stevens Water Treatment Plant. This chemical helps to treat the algae that are incoming on the source waters and also present in the pre -sedimentation basin. BACKGROUND AND FINDINGS: Sodium Permanganate was not on a previous contract. Due to an outbreak of algae on the pre -sedimentation basin and source waters, the O.N. Stevens Water Treatment Plant began feeding Sodium Permanganate for control. The City is currently purchasing product under an emergency purchase order. ALTERNATIVES: Without the use of this chemical the treated water has the potential to have algae present in the distribution system. This could result in loss of chlorine residuals and promote bacterial growth through the distribution system. 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: Water Department 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 $4,793,426.02 $658,800.00 $5,452,226.02 Encumbered / Expended Amount $2,844,158.96 $0 $2,844,158.96 This item $219,600.00 $658,800.00 $878,400.00 BALANCE $1,729,667.06 $0 $1,729,667.06 Fund(s): Water Fund Comments: The $219,600.00 financial impact shown above represents three months of expenditures that will be encumbered through the end of this fiscal year. The remaining $658,800.00 for the last nine months of the agreement will be requested during the normal FY 2016-2017 budget approval process. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION EVENT 118 SODIUM PERMANGANATE Recorded by: Jamye Clark TOTAL: $878,400.00 $888,984.00 $936,000.00 $1,130,400.00 No Bid Carus Corporation Peru, IL Brenntag Southwest, Inc. Houston, TX F2 Industries, LLC Nashville, TN Shannon Chemical Corporation Malvern, PA Ferguson Corpus Christi, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 5.0 40% Solution Sodium Permanganate 720,000 WB $1.22 $878,400.00 $1.23 $888,984.00 $1.30 $936,000.00 $1.57 $1,130,400.00 TOTAL: $878,400.00 $888,984.00 $936,000.00 $1,130,400.00 No Bid Agreement No. 746 SODIUM PERMANGANATE gree nt THIS dium PQrmanganate Sui tv Agreement ("Agreement") is entered Into by and between COM Corpora1l01 ("Supplier"), Peru, Illinois and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Supplier has bid to provide Sodium Permanganate in response to the City's Request for Bids ("RFB No. 118") which RFD with any related specifications, and bid response, are Incorporated by reference Into this Agreement as Exhibits "1 and 2"; WHEREAS, the City has determined Supplier to be the lowest, responsive, responsible bidder; NOW, THEREFORE, Supplier and City enter into this Agreement and agree as follows: 1. Scope, Supplier will provide S filum P rmvngpnote. ("Supply") In accordance with this Agreement and the Scope of Services as shown In Attachment "A". 2. Term. This Agreement is for one year commencing on the Issuance of a notice to proceed, The Agreement includes an option to extend the term for up to two additional one-year periods subject to the written approval of the Supplier and the City Manager. 3. Compensation and Payment. This Agreement Is for an amount not to exceed $. Q774E2.QQ , subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct Invoice Is received, whichever Is later. Page 1 ol 6 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of the Supplier's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Will Creech Utilities -0.N. Stevens Water Treatment Plant 13101 Leopard Street, Corpus Christi, TX Phone: (361) 826-1954 Email: williamc@cctexas.com 5. Independent Contractor. Supplier will perform the Services as an Independent contractor and will furnish such Supply in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Supplier be considered an employee of the City. 6. Insurance. Insurance is not required for this Supply Agreement. 7. Assignment. No assignment of this Agreement or of any right or interest contained In this Agreement by the Supplier Is effective unless the City Manager first gives Its written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the dose of any fiscal year of the City (the City's fiscal year ends on September 30th) Is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not represent that said budget Item will be actually adopted, as that determination Is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement Is the law of Texas and such form and venue for such disputes is the appropriate district, county or Justice court In and for Nueces County, Texas. Poge2of6 11 Subcontractors. The Supplier may use subcontractors in connection with the Services to be performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, the Supplier shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement are applicable to ail subcontractors and their employees to the same extent as If the Supplier and Its employees had performed the Services. 12 Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be In the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to the Supplier will be mutually agreed to in the form of a bilateral change order. 13. Termination, a. The City Manager may terminate this Agreement for Supplier's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Supplier 10 days written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement Immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to the Supplier. However, the City may terminate thls Agreement upon 24 hours written notice to the Supplier for Supplier's failure to pay or provide proof of payment of taxes, as set out In this Agreement. 14. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand - delivered and on the third day after postmarked by the U.S. mall if sent certified mall. Notice must be sent as follows: Poge 3 of 6 IF TO CITY: City of Corpus Chtlstl Attention: William Creech 13101 Leopard Street Corpus Christi, Texas 78410 Fox: 361-826-1954 Email: wliliamc@cctexas.com IF TO SUPPLIER: Carus Corporation Attention: Susan Buchanan 315 Fifth Street Peru, Illinois 61354 Fax: 815-224-6697 Email: bids@coruscorporation.com 17. Severab1111y. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any port thereof, Is determined to be invalid and contrary to any existing or future applicable law, such Invalidity shall not Impair the operation of or affect those portions of this Agreement that ore valid, but this Agreement shall be construed and enforced In all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. SUPPLIER SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND All LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTING IN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY Page 4 of 6 SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and Its Attachments, the RFB documents including Addenda, the bld response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Fogs 5 of 6 SUPPLIER Signature: Printed Nome: Susan Bu.ianan Title: Date: VP, CFO May 9, 2016 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: AIf ache : Attachment A: Scope of Work Attachment B: Schedule of Pricing 1 ncorporgtgsi yy Reference Drily: Exhibit 1: RFB No. 118, RFB Sodium Permanganate Supply Agreement Exhibit 2: Supplier's Bid Response Page 6 of 6 DATE: BIDDER Attachment A- Scope of Work CITY OF CORPUS CHRISTI PURCHASING DIVISION BID SHEET BID EVENT NO. 118 1 of 2 AUTHORIZED SIGNATURE PAGE 1OFI 1. Refer to "Instructions to Bidders" and Standard Purchase Terms and Conditions before completing bid. 2. Quote your best price, F.O.B. Destination, on each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and c. the disclosure of Interest information on file with the City's purchasing office, pursuant to the Code of Ordinances, is current and true. ITEM DESCRIPTION 0 TY 720,000 UNIT WB UNIT PRICE TOTAL PRICE 5. Twelve-month Supply Agreement with option to extend for up to two (2) additional twelve-month periods, subject to the approval of the supplier and the City Manager, or designee. 40% Solution Sodium Permanganate ***Unit of Measure is Wet Pounds (WB)*** Attachment A- Scope of Work Technical Specifications 2 of 2 1. Assay- 39.5-41.0% as NaMn04 2. pH- 5.0-8.0 3. Specific gravity- 1.36-1.39 4. Certified by the National Sanitation Foundation (NSF) to ANSI/NSF Standard 60 for drinking water treatment chemicals -health effects. 5. The product should meet the AWWA Standard B603-03; EN: 15482-2007 Attachment B- Schedule of Pricing Event Line Response Company: 1 Supplier Croup: 1 Supplier Contact: 1 Line Details Event it: I IR -0 Supplier: 1274 Supplier Contact Name. Samantha Pumo Description: •••Unit of Measure is Wet Pounds (WB)••• Item: Quantity: 720,000.0000 CTIN: Manrhetarer Code: Commodity Code: Line Response Information Line Response Item Description: 4054 Solution Sodium Permangma UOM: WB Requested Delivery Date: G TIN Description: Division: Manufacturer Number: Commodity Description: CHEMICAL LABORATORY EQUIPMENT AND SUPPLIES Line ll: 5 Supplier Name: Carus Corporation Output Type: Blanket Vendor Item: CARUSOL C Vendor item Description: 40% SOLUTION SODIUM PERMANOANA Quantity: 720,000.0000 UOM: WD Unit Price: 1.22000 No Chor6e: No No Bid: No Extended Price: 878,400.00 Delivery Date: Response Comments: UOM DNNL• POUND CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-15123 Date Filed: 02/18/2016 Date Acknowledged: �. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Carus Corporation Peru, IL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 28064 Manufacture & deliver Sodium Permanganate 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary Buchanan, Susan Peru, IL United States X Kuzy, David Peru, IL United States X Carus, Ings Peru, IL United States X 5 Check only If there is NO Interested Party. 6 AFFIDAVIT rrenrvwvvara ens<vwwaae w:,,, , OFFICIAL SEAL SHELLEY A BURR /I NOTARY PUBLIC STATE OF ILLINOIS ,"i MY COMMISSION EXPIRES:04/11/18 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. , 1 '. it . `..,f. i.e. .I.;.6", .ti- '�, P,� / �., \. Signature of authorized agent of contracting business entity Susan Buchanan/VP, CFO 3 day of rnCa_rC U -C3 t- �'».0\�C),.1 ��(\ , this the t S 20 1 , to certify which, witness my hand and seal of office. SQ \Q k . .,, r rAL- �v..��� c .��\-A 4 k t, rt_ Signature of fficer administering oath Printed nam of officer administering oath Title of officer a ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersion vl.U. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: TO: May 31, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVanVleck@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Dan Grimsbo, Interim Director of Water and Utilities DanG@cctexas.com (361) 826-1718 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3851 Engineering Design Contract Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement CAPTION: Motion authorizing the City Manager, or designee, to proceed with delivery order preparation by executing Amendment No. 3 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $328,350, for a total restated fee not to exceed $645,790 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement. PURPOSE: The purpose of this Agenda Item is to amend the engineering services contract for the Programmed Water Line Service Life Extension, City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement to provide design and engineering services. CIP DESCRIPTION: Programmed Water Line Service Life Extension "This project provides for a strategic lifecycle program replacement and extension of the City's water distribution system (1,368 miles). The program is flexible and provides a systemic approach to extend the service life of the system while enhancing monitoring capability and water quality. Additional benefits will include increased distribution reliability with reduced service outages, and reduced operational costs. A major priority of the lifecycle improvements will maximize CIP investments increasing capacity of the system and deferring unnecessary major upgrades to pump stations and plants. Some work will be completed using in-house forces to save on costs where applicable." BACKGROUND AND FINDINGS: To implement the life cycle improvements for the aging water distribution system, the City developed the Repair and Replacement City -Wide Distribution - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement project. The IDIQ provides for contractor bid unit pricing for a comprehensive list of activities to develop the most cost effective solution to a variety of pipe sizes, material types and conditions. The initial IDIQ construction was developed as a multi- year contract with a one-year base with two optional extensions to be administratively authorized. The IDIQ is implemented through numerous Delivery Orders for specific site(s) and scope of work. The work consists of a full spectrum of repair and replacement methodologies including open trenching, pipe bursting, horizontal drilling with new valves, fittings, fire hydrants, etc. and surface restoration of sidewalks, roadways, landscaping to complete the projects. The design engineer, Urban Engineering, developed the bid documents and now conducts the field investigations and analysis for preparation of the Delivery Orders. In 2015, the City awarded the IDIQ construction contract to Clark Pipeline Services (Contractor) for $2.3 Million for the base year, and the option for two optional years. The Contractor was issued and successfully completed all work within the base year. Based on their satisfactory performance, the City exercised the first optional year. With the deterioration and problems with the distribution system and other project needs, it is anticipated the third option year will be recommended for execution within the next few months. Therefore, the engineering contract for Urban Engineering is recommended to support the implementation of the existing IDIQ construction contract for the two additional option periods. To meet accelerated demands for the water distribution system, it is also recommended to prepare and advertise for a second multi-year construction IDIQ contract with greater capacity of approximately $4.5 Million. The new IDIQ can be bid within the next 90 days. This proposed engineering contract authorizes Urban Engineering to provide continued engineering services to support the existing IDIQ construction contract and to provide construction documents to advertise and select a second contractor for a new Water IDIQ construction contract. ALTERNATIVES: 1. Authorize the execution of the contract amendment. 2. Do not authorize the execution of the contract amendment. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering was selected as the Consultant Engineer through Water Capital Improvement Plan Request for Qualifications No. 2012-03. 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 2015-2016 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $5,143,600 $2,500,000 $7,643,600 Encumbered / Expended Amount $5,134,279 $5,134,279 This Item $328,350 $328,350 Future Anticipated Expenditures This Project $542,503 $542,503 BALANCE $9,321 $1,629,147 $1,638,468 Fund(s): Water CIP #1 Comments: This amendment will result in an expenditure not to exceed $328,350. RECOMMENDATION: City Staff recommends approval of Amendment No. 3 to the Engineering Design Contract with Urban Engineering of Corpus Christi, Texas in the amount of $328,350, for a total restated fee not to exceed $645,790 for the Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (101Q) Procurement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET Programmed Water Line Service Life Extension City -Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement FUNDS AVAILABLE: Water CIP $ 7,643,600 FUNDS REQUIRED: Construction: Construction Base Contract - Year 1 (Clark Pipeline Services) 2,300,000 Construction One -Year Renewal - Year 2 (Clark Pipeline Services) 2,300,000 Construction Contingency (10%) 460,000 Construction Obervation and Testing: Construction Materials Testing (Rock Engineering) 14,317 Design: Engineer (Urban Engineering) 645,790 Preliminary (Urban Engineering) 39,100 *Engineering Design (Urban Engineering) 228,440 Delivery Order Preparation (Urban Engineering) 49,900 Delivery Order Preparation (Urban Engineering) THIS ITEM 328,350 Reimbursements: Total Reimbursements. 272,526 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 114,654 Engineering Services (Project Mgmt/Constr Mgmt) 152,872 Misc 5,000 Other: Staff Augmentation 12,499 TOTAL $ 6,005,132 PROJECT BUDGET BALANCE $ 1,638,468 *Contract was approved by City Council on February 11, 2014 by Motion No. M2014-013 @,01 11111 ii 7 .r�. Odem Morgan Farre Area Sinton Rancho Chico Del Sol -Loma Linda Taft [r 513 Tradewinds Gregory (3,51) 35 Doyle Porgl nd L. rth San 'ed ro Robstown Petronila Tierra Grande �Ifl'^tl Citywide Distribution Repair and Replacement (IDIQ) 1. Faiman- A.cr Ar Ingleside Ingleside on the Bay 357 1s! Mostar; Psdan State VICINITY MAP NOT TO SCALE Project Number: 8610 Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement Indefinite Delivery/Indefinite Quantity (IDIQ ) Procurement CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 3 CONTRACT FOR ENGINEERING DESIGN The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and Urban Engineering ("Consultant"), agree to the following amendments to the Contract for Professional Services for Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement - Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement (Project No. 8610): Original Contract September 3, 2013 T Administrative Approval Amendment No. 1 February 11, 2014 Motion No. M2014-013 Amendment No. 2 April 18, 2016 Administrative Approval $39,100.00 $228,440.00 $49,900.00 J In the Original Contract, Exhibit "A", Scope of Services shall be amended as set forth in the attached Amendment No.3, Exhibit "A". In the Original Contract, Fees Section, shall be amended based on the modified scope of services in the attached Amendment No. 3, Exhibit "A" for a fee not to exceed $328,350.00, for a total restated fee not to exceed $645,790.00. All other terms and conditions of the September 3, 2013 Contract for Professional Services between the City and Consultant, and of any amendments to that contract. which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI URBAN ENGINEERING 4i3(1(i J.H. Edmonds, P.E. Date James L. Urban, P. Director of Engineering Services Principal 2725 Swantner RECOMMENDED Operating Department APPROVED AS TO LEGAL FORM Date Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Corpus Christi, TX 78404 (361) 854-3101 Office (361) 854-6001 Fax Project Number 8610 Accounting Unit 4093-041 Account 550950 Activity 180198014093EXP Account Category 50950 Fund Name Water 2013 RVBD Date MENGINEERING DATAEXCHANGEUENNIFERANATER'.P61 D rR3GRAMMEE WAi ER LINE ERVC LIFE EXT\ENGINEER URBANVIMENDMENT NO 31CONTRACIICONTRACT DOC LEURBAN ENGINEERING May 12, 2016 Mr. Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Job No.: 33760.B3, 02 TRANSMITTED VIA EMAIL Subject: Amendment No.3 - Programmed Water Line Service Life Extension (#8610) City -Wide Water Distribution System Repair and Replacement - IDIIQ Procurement Dear Jeff: In response to a City request we are proposing the following contract amendment to the Programmed Water Line Service Life Extension (#8610) It is our understanding that the City desires to renew the City -Wide Water Distribution System Repair and Replacement (IDIQ) Procurement project for an additional two (2) year period. The City would also like to prepare bidding documents for a new IDIQ program. To assist the City with these tasks we propose to provide engineering services as outlined below_ I. SCOPE OF SERVICES: Basic Services A, Design Phase Services (ID/IQ Budding Documents) a. Attend (1) one kickoff meeting b Provide Project Management services to ensure that the project deliverables that are provided meet the stakeholders requirements c. Review, study, and verify all comments and recommendations from the "lessons learned" and incorporate into the contract documents for a new CityWide Water Distribution System Repair and Replacement (IDIQ) Procurement project. d. A/E will update the current unit -price matrix to include water system repair and replacement items (water mains, valves, water services, hydrants, meters, etc.). This matrix will also include ancillary items such as fence removal and replacement, seeding sodding, pavement repair, sidewalk repair, curb and gutter repair, traffic control, etc. e. A/E will update the bid item matrix. f. Attend (2) two meetings to review the unit price matrix g. A/E will update the sample delivery order to be included as an attachment in the bid documents. This document will clearly define the contractor's expectations on the type of information typically included in future delivery orders and the level of detail to be expected. In addition, it will provide clear guidance on the anticipated format of future delivery orders and will define the documents required, provide suggestions on the type 361)854-3101 2725 SWANTNER DRIVE CORPUS CHRISTI, TEXAS 78404 www urbanengcam TBPE Firm 8145 TBPIS Firm 810032400 FAX (361) 854-600' AMEND. NO. 3 EXHIBIT "A" Page 1 of 5 of information recommended, and offer examples of plan sheets, photos, and cost estimates. h A/E will update the typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. The City Traffic Engineering Department will have final authority on the appropriate traffic control set-ups for each delivery order site. i Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the pre -final, 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 staff. j A/E will update the construction contract documents (plans and specifications) for the City -Wide Water Distribution System Replacement and Repair ID/IQ Procurement. These plans and specifications will follow the same format that was developed for the current City Wide Water Distribution System Repair and Replacement 1D!Q Procurement (City Project 8610) project, 1. Prepare one (1) set of PRE -FINAL (60%) and one (1) set of FINAL (100%) Contract and Bid Documents in City format (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 one bid or for multiple bids, 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. Both packages will also be provided electronically in PDF and CAD formats. Said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. ii Following the City's review of the PRE -FINAL (60%) submittal package, Engineer will assimilate all review comments and make the appropriate modifications and additions/deletions to the FINAL (100%) bid package. 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. iii Attend (1) one PREFINAL (60%) complete design meeting to review the contract and bidding documents. Attend (1) one FINAL (100%) complete design meeting to review the contract and bidding documents. Bid Phase Services A/E will provide the following bid phase services: a. Attend Pre -Bid Meeting b. Attend Bid Opening c. Review and prepare responses to RFI's d. Prepare addenda as needed for the project execution e Prepare a bid evaluation and provide a written recommendation to the City Construction Phase Services 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. Page2of5 AMEND. NO. 3 EXHIBIT "A" Page 2 of 5 b Review for conformance to contract documents, shop and working drawings, materials and other submittals. c Remaining construction services will be conducted under the Delivery Order Preparation task, as described below Additional Services Delivery Order Preparation a A/E will perform site visits, review inspection reports, repair reports and meet with City to identify water distribution system issues and the possible rehabilitation options. b. A/E will submit a "draft" version of each non -emergency delivery order for the City's review and comment prior to issuing the final delivery order, c Delivery orders will include a short narrative of the expected work for each site, a site exhibit depicting work location, quantities, and rehabilitation methods, a utility base map identifying all known utilities in the area, an engineers estimate, and any other reference material that may aid the Contractor during construction including inspection reports, City work orders, old plans, etc, d. Review field and laboratory tests. e Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractors price and are not contrary to the general interest of the City under the contract. f: 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. g Prepare draft change orders as authorized by the City (coordinate with the City's construction division). h. Make final inspection with City staff and provide the City with a Certificate of Completion for the project Topographic Survey a, Topographic surveys will be required on some delivery orders where horizontal and/or vertical control is critical for the design and construction of the proposed improvements and to avoid potential conflicts or to confirm to proposed slopes, etc. b. The Topographic Survey allowance is based on two (2) 8 -hr days of (2 -man) field crew work and office time per site and has been estimated for approximately four (4) sites. Warranty Phase a A/E will prepare a list of all sites completed at the end of a 12 -month period for the City and recommend acceptance of the sites and commencement of the warranty penod All listed sites will have the same completion date and warranty expiration date. b A/E will provide a warranty inspection of all sites toward the end of the 12 -month period and generate a warranty items punch list. The Warranty Phase allowance is based on one (2) 12 -month warranty periods Page 3 cf 5 AMEND. NO. 3 EXHIBIT "A" Page 3 of 5 Construction Administrative Support A/E will provide up 10 hours per month x 12 months x 2 two years = 240 hours to assist the City as follows: a. Review the monthly payment requests with respect to the delivery orders issued to ensure that the quantities presented by the contractor are justified. b. Addend construction meetings The Construction Administrative Support allowance is based on two (2) 12 -month periods. II. SCHEDULE: A/E proposes to complete the construction bid documents as described under basic services above within (60) sixty days of receiving the nolice to proceed. The schedule for Delivery Order preparation will be determined once the construction contract has been renewed. III. FEE: For services authorized by the Director of Engineering Services, the City will pay the A/E a not - to -exceed fee as per the table below. Summary of Fees Basic Services Fees Original Contract Amend. No. 1 Amend. No. 2 Amend. No 3 Total 1. Preliminary Phase $39,100 $7,420 $46,520 2. Design Phase $59,570 $30,330 $89,900 3. Bid Phase $7,440 $7,350 $14,790 4. Construction Phase $6,640 6,740 $13,380 Subtotal Basic Services Fees $39,100 $81,070 $44,420 $164,590 Additional Services Fees (Allow.) 1. Assessment/Selection of Proposed Work $25,100 $5.000 $30,100 2. Delivery Order Preparation $112,820' $44,900' $225,6401 $383,360 3. Topographic Survey $3,810 $19,050 $22,860 4. Warranty Phase $5,640 $5,640 $11,280 5. Construction Administrative Support $33,600 $33,600 Sub -Total Additional Services Fees $147,370 $49,900 $283,930 $481,200 Total Fee $39,100 $228,440 549,900 5328,350 $645,790 t 1 The Delivery order'Minnce Ira be determined and Miei et rates sheen in the Campansebpt Table Pam as the Cr* do- 4ay orders are issued to the Cairene' Page 4 of 5 AMEND. NO. 3 EXHIBIT "A" Page 4 of 5 The following compensation table will be used to determine the Delivery Order fee, COMPENSATION TABLE Construction Cost of Delivery Order AIE Fee $0 to $30,000 $30,000 to $100,000 $100,000 to $150,000 $150,000 to $250,000 $250,000 to $350,000 Over $350,000 $3,750 (Flat Rate) 10.0°% 6.25% 5.5% 5.0% 4 75% If the delivery order is estimated to be $475,025 then the total basic services fee would be as follows: Fee = $475,025 x 4.75% = $22.564 The proposed fee of $225,640 will cover approximately 10 delivery orders of $475,025 for a total budget of approximately $4,750,250, over the next two (2) years. If the above is acceptable, please prepare an amendment to our AE Contract for signatures Should you have any questions please let me know. Sincerely, URBAN ENGINEERING J. Douglas McMullan; P,E JDMI Enclosures xc. Daniel Deng, P.E. -- Major Projects Engineer, Engineering Services w/encl via email Page 5 of 5 AMEND. NO. 3 EXHIBIT "A" Page 5 of 5 A City or Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED ©1' C1T1 - PURCItASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or funs seeking 10 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: STREET ADDRESS: 2725 Swantner Drive FIRM IS: 1, Corporation 4, Association e CITY: Corpus Christi 2. Partnership ri 5. Other ZIP: 78404 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. 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 "orcial" 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°0 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 contact and has an "ownership interest" constituting 3°a or more of the ownership in the above named "firm." Name Consultant 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 1 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. Certifying Person: James L. Urban, P.E. Title: Principal rT pe.r ?dolt Signature of Certifying Person: DEFINITIONS Date; 2./Z/jp 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 Carpus 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. 11116.4 Corpus Cho 1i Engineering Programmed Water Line Service Life Extension for City -Wide Distribution Repair and Replacement -Indefinite Delivery/Indefinite Quantity (IDIQ) Procurement Council Presentation June 14, 2016 Project Location Engineering Pelronilo Trema Grande ('itr��id Dlatribution Repair and Replacement ODIC)) Project Scope The City awarded a $2,300,000 Water Repair & Replacement IDIQ Construction Contract to Clark Pipeline that is now in the 2nd option and anticipated to move into the 3rd option year in the next few months. To meet current and future needs, staff is also recommending a developing an additional Wtr IDIQ Construction Contract. The IDIQ work consists of: • New waterlines by open trenching, pipe bursting, boring, horizontal directional drilling boring • New fire hydrants, valves, fittings • surface restoration of roadways, sidewalks, and other miscellaneous improvements This action provides for the Engineering Services to support the Wtr IDIQ program including: • Field investigations & analysis for preparation of additional Delivery Orders for existing construction contract • Preparation of construction bidding documents for next Wtr IDIQ • Ongoing Construction and Administrative support Project Schedule a C..: -;_:j , Chirsti Engineering 2016 2017 2018 2019 JAS OND J FMAM JJASOND JFMA MHMA SON D JFIMAMIJ Engineering Services Construction l Project Estimate: 36 Months Projected Schedule reflects City Council award in June 2016 with construction completion by June 2019. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-51162 Date Filed: 05/06/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Urban Engineering Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 8610 Amendment No. 3 - Programmed Water Line Service Life Extension City -Wide Water Distribution System Repair and Replacement - ID/IQ Procurement 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Urban Engineering Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 A - affirm, under penalty of perjury, that the above disclosure is true and correct. I swear, or �tMY A* JOLENE E POTTER My Commission Expires *#Juiy 24, 2017 (i` - 4'4,ri Of It c Signature of authorized agent of contracting business entity fit /14 ��-C - , this the C) day of Ma-- - AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , fCz- L 5 20 l , to certify which, witness my hand and seal of office. (� Signature of officer administering oath rinted name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.statatx.us ersion vl.u. AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: May 12, 2016 TO: Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye©cctexas.com (361) 826-3851 CAPTION: Construction Contract and Materials Testing Agreement Kostoryz Road from Brawner Parkway to Staples Street BOND 2012 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Reytec Construction Resources, Inc. of Houston, Texas in the amount of $8,796,224.60 and a construction materials testing agreement with Rock Engineering and Laboratory, Inc. in the amount of $64,924.00 for Kostoryz Road from Brawner Parkway to Staples Street. (BOND 2012 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract and a construction materials testing agreement for Kostoryz Road from Brawner Parkway to Staples Street BOND 2012 Project. BACKGROUND AND FINDINGS: This project was approved in the Bond 2012 Proposition 1 Street Projects by the community in the general election held on November 6, 2012. Bond 2012 Brochure description: "Kostoryz Road from Brawner Parkway to Staples Street — Includes reconstruction and capacity expansion of the 4 -lane road to a 5 -lane road, with a turning lane and bike route, sidewalks, curb and gutters, ADA curb ramps and pavement markings." The project is proposed as a 4 -lane reconstructed roadway with widened 5 -lane intersections for protected left -turn lanes at the Brawner Pkwy and Norton Road intersections. The Staples Street intersection was also widened to maintain two left turn lanes and new designated right -turn lane. Project also includes new curb & gutter, sidewalks, ADA compliant ramps, traffic signal upgrades signage, and pavement markings. The sidewalks are 5' on the west side and 8' on the east side of the roadway allowing the east side sidewalk to serve as a multi -use path. All properties along this section of Kostoryz are residential properties that back up to Kostoryz and have driveway access from parallel residential streets. The project was developed with two Base Bids to allow the maximum competition and comparison of pavement materials. Part 1 provided for Portland Cement Concrete (PCC) pavement and Part 2 provided Hot Mix Asphalt Concrete (HMAC). On April 13, 2016, the City received proposals from three (3) bidders and the bids are as follows: Contractor Part 1 - PCC Part 2 - HMAC Reytec Construction Resources, Inc. Houston, Texas $8,796,224.60 No Bid Haas -Anderson, Inc. Corpus Christi, Texas No Bid $8,760,734.75 Bay, LTD. Corpus Christi, Texas No Bid $8,992,259.15 Based on the lifecycle analysis, the PCC pavement provides the most cost effective solution with slightly higher initial cost but reduced overall maintenance cost and therefore recommended for award. ALTERNATIVES: 1. Authorize execution of a construction contract or construction materials testing. 2. Do not authorize execution of a construction contract or construction materials testing. (Not Recommended) OTHER CONSIDERATIONS: Urban Engineering is the design engineer that was selected for this project under RFQ 2014-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2015-2016 Street Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $581,705.00 $10,198,903.05 $0.00 $10,780,608.05 Encumbered / $581,705.00 $0.00 $0.00 $581,705.00 Expended Amount This item $0.00 $8,861,148.60 $0.00 $8,861,148.60 Future Anticipated Expenditures This Project $0.00 $1,299,502.46 $0.00 $1,299,502.46 BALANCE $0.00 $38,251.99 $0.00 $38,251.99 Fund(s): ST 37 Comments: N/A RECOMMENDATION: City staff and Urban Engineering recommend the construction contract be awarded to Reytec Construction Resources, Inc. in the amount of $8,796,224.60 and the construction materials testing agreement to Rock Engineering and Laboratory Services, Inc. in the amount of $64,924.00 for the Kostoryz Road from Brawner Parkway to Staples Street BOND 2012 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Testing Agreement Form 1295 PROJECT BUDGET Kostoryz Road from Brawner Parkway to Staples Street Bond 2012 PROJECT FUNDS AVAILABLE: Bond 2012 $ 6,096,667.00 Utilities 4,683,941.05 Water 892,400.00 Wastewater 345,000.00 Storm Water 3,412,000.00 Gas 32,000.00 MIS 2,541.05 TOTAL FUNDS AVAILABLE $ 10,780,608.05 FUNDS REQUIRED: Construction: Construction (Reytec Construction Resources, Inc.) THIS ITEM 8,796,224.60 Street 5,091,913.00 Utilities 3,704,311.60 Water 529,960.60 Storm Water 2,893,171.00 Wastewater 281,180.00 Contingency (10%) 879,622.46 Construction Inspection and Testing: Construction Inspection (Estimate) 263,880.00 Construction Phase - Materials Testing Services (Rock) 64,924.00 Design: Engineer (Urban) Original Contact and 1 Amendment 516,210.00 Street 299,761.80 Utilities 216,448.20 Water 35,574.70 Storm Water 145,298.80 Wastewater 30,492.60 Gas 2,541.05 MIS 2,541.05 Design Phase - SUE (Lockwood, Andrews & Newnam, Inc.) 45,695.00 Design Phase - Geotechnical Study and Testing (Rock Engineering) 19,800.00 Reimbursements: Total Reimbursements 156,000.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 66,000.00 Engineering Services (Project Mgt/Constr Mgt) 88,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 10,742,356.06 ESTIMATED PROJECT BUDGET BALANCE $ 38,251.99 q` �.0 Llpan St Q. 0`tr p`�� c � 3 � =` C.'5 2 Lou St E,3 - n ii g -D N F '-, da �? _. Buturd St Buford Se 0 r4 r3 o. yr Corpus Christi l A Bay Morgan Ave I. t .rite 00t0111" e th St o 3 `- i `. d i8' i'Jm �` N et{�� ad 0x W -S' t mid* r. 4h Corpus Christi .�� �°' Cope Park State Living Center ° 4' ` sr F o ■ Y -o rn �1 •� -9.•:: di in 1pF CI eCO 74 0 Lozano Gott Center AareC. r +.. �b IP Lalita SR*` 4.?�• �/� VSDsa4 FJ �ro St 'LP .,nington St. b Al3 C;.'' c, 1 Q4 y' C.'90 ? �utHi'llarteal Pr ei- m ▪ c�a67 °E+, e ",9r • m• ,O ^+ �F t$sem` 4s` OQy~y 0 iso - G a'� i\ Q` :r drRo o ,s:. t0 fy Mary St < Ruth St rt v) tt: Sti r �5'2111.1e3uel S tai to 411 Project Location ro 4431 rad 1 �'T .41 p'N VICINITY MAP NOT TO SCALE 1•�rrW V� 4.5 cek 't.440194- 06600q tzt - '6°4. 0/. rY Sr LP Tr, roa s Project Number: E1209§' Kostoryz Road From Brawner Parkway to Staples Street Bond 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ga- Rc_k APPROVED AS TO LEGAL FORM Assistant City Attorney APPROVED Date Office of Management and Budget ATTEST Date Rebecca Huerta City Secretary Date Project No. E12099 Accounting Unit: 3549-051 Account: 550920 Activity: El 2099013549EXP Account Category: 50920 Fund Name: Street CIP GO BOND 2012 Encumbrance No. K:IENGINEERING DATAEXCHANGEIANGIEMISTREET1E12099 KOSTORYZ -BRAWNER TO STAPLES BOND ISSUE 20121CONSTRUCTION MATERIALS TESTING115 1215 TESTING AGREEMENT.DOC Rev. 12/15/15 Monday, May 16, 2016 City of Corpus Christi 1201 Leopard St Corpus Christi, TX 78401 Attn Jeffrey Edmonds, P.E. •GEOTECHNICAL ENGINEERING •CONSTRUCTION MATERIALS ENGINEERING TESTING •SOILS • ASPHALT • CONCRETE SUBJECT: ESTIMATED TESTING BUDGET FOR THE PROPOSED E12099 Kostoryz Rd Browner Pkwy to Staples St - Concrete Option Corpus Christi, TX RETL Proposal Number: P050616A1 Dear Jeffrey Edmonds, P.E. Rock Engineering and Testing Laboratory, Inc. (RETL) (TBPE Firm No. 2101) is pleased to be selected to perform the Construction Materials Testing for the above referenced project. The Construction Materials Testing for the proposed construction project is based upon quantities as derived from the Plans made available to RETL as of the date of this proposal. The estimated testing for this project is $64,924.00 We understand that we have been chosen to provide these services for this publicly funded project. Therefore, by providing cost information we are not in violation of the Texas Professional Services Procurement Act. The estimated construction materials testing budget is based on a review of the information provided to RETL. An estimated breakdown of field and laboratory testing required is included as an attachment. Please make note that the actual fees invoiced for this project will be based on the actual testing performed. The total fee assessed will be dependent on the contractor's construction techniques, number of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities, and any time the technician is required to be on-site but not performing testing activities. Please be advised that weekend technician time will be invoiced portal to portal at an additional rate of $31.00 RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If you agree with this proposal, please sign the attached Laboratory Testing Services Agreement, submit the Distribution List and provide billing information. Please do not hesitate to contact me at (361) 883-4555 extension 415 if you have any questions regarding the proposal or would like to discuss further. Sincerely, Pablo Schmitt Estimator Rock Engineering and Testing ROCK ENGINEERING TESTING LABORATORY. INC. 6817 LEOPARD STREET • CORPUS CHRISTI, TEXAS, 78409 OFFICE: (361) 883-4555 • FAX: (361) 883-4711 • www.rockiesting.com Monday. May 16, 2016 Pape 1 of 5 IEXHIBIT "A" 1 Page 1 of 5 P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 00. RETL LABORATORY G. PERSONNEL Admin Fee LS - Lump Sum P119 ADMINISTRATION FEE (1 time per project) LIFTS/MIN QTYFREQ QTY RATE AMOUNT 1 1 1 Is $75.00 $75.00 00. RETL LABORATORY SUBTOTAL $75.00 01. SOILS LIFTS/MIN QTYFREQ QTY RATE AMOUNT Al . SUBGRADE Densities Subgrade (Driveways) EA - 1 every 2 S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Densities Subgrade (Street) LF - 1 per 200 LF of each lane/lift 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) Subgrade ST - I per street 1 1 1 3 3 trip $45.00 $135.00 5 5 ea $44.00 $220.00 10 10 trip $45.00 $450.00 90 90 ea $44.00 $3.960.00 5190 MATERIALS SAMPLING CHARGE 1 2 2 ea $57.00 $1 14.00 S486 VEHICLE 1 2 2 trip $45.00 $90.00 S510 PROCTOR - STANDARD ASTM D698 1 2 2 ea $215.00 $430.00 A5. BACKFILL Densities Trench Backfill LF - 1 per 200 LF of each lane/lift S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) Trench BackfiIl EA - 1 each material type 1 1 30 30 trip $45.00 $1.350.00 600 600 ea $44.00 $26.400.00 S190 MATERIALS SAMPLING CHARGE I 1 1 ea $57.00 $57.00 S486 VEHICLE 1 1 1 trip $45.00 $45.00 5510 PROCTOR - STANDARD ASTM D698 1 1 1 ea $215.00 $215.00 01. SOILS SUBTOTAL $33,466.00 Monday, May 16. 2016 Page 2 of 5 IEXHIBIT "A" Page 2 of 5 P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 02. FLEXIBLE BASE A3. FLEX BASE Crushed Limestone LIFTS/MIN QTYFREQ QTY RATE AMOUNT CY - 1 per 3000 CY CY 4821 S190 MATERIALS SAMPLING CHARGE 2 2 ea $57.00 $114.00 S486 VEHICLE 2 2 trip $45.00 $190.00 S502 ATTERBERG LIMITS/PLASTICITY INDEX (with Aggregate) 2 2 ea $94.00 $188.00 S504 GRADATION (Sieve Analysis) 2 2 ea $94.00 $188.00 S522 PROCTOR - MODIFIED ASTM D1557 2 2 ea $253.00 $506.00 S548 LA ABRASION 2 2 ea $321.00 $642.00 Crushed Umestone EA - 1 each material type S546 WET BALL MILL 5606 TRIAXIAL S610 CBR Densities Compacted Base (C&G) LF - 1 per 200 LF 5486 VEHICLE 5600 IN-PLACE DENSITIES (Min 3) Densities Compacted Base (Street, Pvmnt Repair) LF - 1 per 200 LF of each lane/I-rft S486 VEHICLE S600 IN-PLACE DENSITIES (Min 3) 1 1 1 ea $321.00 $321.00 1 2 2 ea $743.00 $1,486.00 1 1 1 ea $490.00 $490.00 1 1 5 5 trip $45.00 $225.00 50 50 ea $44.00 $2.200.00 10 10 trip $45.00 $450.00 100 100 ea $44.00 $4,400.00 02. FLEXIBLE BASE SUBTOTAL $11,300.00 Monday, May 16, 2016 EXHIBIT "A" Page 3 of 5 P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. 04. CONCRETE Cl. CONCRETE Curb 8 Gutter 1@7,1@14,3@28 LF - 1 set every 500 LF LIFTS/MIN QTYFREQ QTY RATE AMOUNT S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 20 100 ea $44.00 $4,400.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 10 10 pour $43.00 $430.00 5486 VEHICLE 1 10 10 trip $45.00 $450.00 Curb, Post, Grote Inlets and MH Risers 1@7,1@14,3@28 EA - 1 set every 6 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 5 25 ea $44.00 $1,100.00 5399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $43.00 $86.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Driveways 1@7,1@14,3@28 SF - 1 set every 2500 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 2 10 ea $44.00 $440.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $43.00 $86.00 5486 VEHICLE 1 3 3 trip $45.00 $135.00 Manhole Base Footing 1@7,1@14,3@28 EA - 1 set every 10 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 5 25 ea $44.00 $1,100.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 2 2 pour $43.00 $86.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Sidewalks and Curb Ramps 1@7,1@14,3@28 SF - 1 set every 4000 SF S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 15 75 ea $44.00 $3,300.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 7 7 pour $43.00 $301.00 S486 VEHICLE 1 8 8 trip $45.00 $360.00 Stormwater, WW, Water MHs 1@7,1@14,3028 EA - 1 set every 2 each S301 CONCRETE CYLINDERS (4" x 8") (Min 4) 5 6 30 ea $44.00 $1,320.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 3 3 pour $43.00 $129.00 S486 VEHICLE 1 3 3 trip $45.00 $135.00 Street (Rebar Inspection) HR - per hour 5486 VEHICLE S501 OBSERVATIONS (Pier, Rebar, Structural Steel, etc) 1 1 1 1 trip $45.00 $45.00 19 19 hr $86.00 $1,634.00 Mondoy, May 16, 2016 EXHIBIT "A" Page4of5 P050616A1 E12099 Kostoryz Rd Brawner Pkwy to Staples St - Concrete Option City of Corpus Christi Corpus Christi, TX Jeffrey Edmonds, P.E. Sheet 1@7,1C@14,3@28 This item is for cylinders only. Does not include beams. Please contact us for a quote for beams. SY - 1 per 2500 SY SY 26833 S301 CONCRETE CYLINDERS (4"x8") (Min 4) 5 15 75 ea $44.00 $3,300.00 S399 CONCRETE CYLINDERS PICK UP FEE 1 7 7 pour $43.00 $301.00 S486 VEHICLE 1 15 15 trip $45.00 $675.00 04. CONCRETE SUBTOTAL $20,083.00 GRAND TOTAL $64,924.00 Monday, May 16, 2016 Paae5of5 IEXHIBIT "A" I Page 5of5 TERMS AND CONDITIONS TO TESTING AGREEMENT ARTICLE 1. SERVICES: Lab will: 1.1 Provide only those services requested by City Engineer that, in the opinion of Lab, lie within the technical or professional areas of expertise of Lab and which Lab is adequately staffed and equipped to perform. 1.2 Perform technical services under the supervision of a licensed professional engineer and in compliance with the basic requirements of the appropriate standards of the American Society for Testing and Materials, where applicable, and other standards designated in writing by the City Engineer. 1.3 Promptly submit formal reports (printed and electronic copies) of tests, inspections and services performed indicating, where applicable, compliance with the Project specifications or other contract documents. Such reports must be complete and factual, citing the tests performed, methods employed, values obtained and parts of the structure of the Project area subjected to any testing. 1.4 Utilize testing equipment which has been calibrated according to applicable standards and, upon request, submit to the City Engineer or designee documentation of such calibration. Secure representative samples of those materials that the City's contractor proposes to use which require testing, together with relevant data concerning such materials including the point of origin and supplier. 1.5 Consider reports to be confidential and distribute reports only to those persons, organizations or agencies specifically designated in writing by the City Engineer. 1.6 Retain records relating to services performed for City for a period of two years following submission of any reports, during which period the records will be made available to the City at all reasonable times. 1.7 Pay salaries, wages, expenses, social security taxes, federal and state unemployment taxes and any other similar payroll taxes relating to the services. ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or designee will: 2.1 Provide Lab with all plans, specifications, addenda, change orders, approved shop drawings and other information for the proper performance of services by Lab. 2.2 Issue authorization in writing giving Lab free access to the Project site and to all shops or yards where materials are prepared or stored. 2.3 Designate in writing those persons or firms which will act as the City's representative with respect to Lab's services to be performed under this Agreement and which must be promptly notified by Lab when it appears that materials tested or inspected are in non-compliance. Only the City Engineer or designee has authority to transmit instructions, receive information and data and/or interpret and define the City's policies and decisions with respect to the Project. Lab acknowledges that certain City representatives may have different types of authority concerning the Project. 2.4 Advise Lab sufficiently in advance of any operations so as to allow for assignment of personnel by Lab for completion of the required services. Such advance notice will be in accordance with that established by mutual agreement of the parties. 2.5 Direct the Project contractor, either by the Construction Contract or direct written order, to: EXHIBIT "B" Page 1 of 6 (a) Stop work at the appropriate times for Lab to perform contracted services; (b) Furnish such labor and all facilities needed by Lab to obtain and handle samples at the Project and to facilitate the specified inspection and tests; (c) Provide and maintain for use of Lab adequate space at the Project for safe storage and proper curing of test specimens that must remain on the Project site prior to, during and up to 60 days after testing. ARTICLE 3. GENERAL CONDITIONS 3.1 Lab, by the performance of services covered hereunder, does not in any way assume, abridge or abrogate any of those duties, responsibilities or authorities with regard to the Project that, by custom or contract, are vested in the Project architects, design engineers or any other design agencies or authorities. 3.2 Lab is not authorized to supervise, alter, relax, enlarge or release any requirement of the Project specifications or other contract documents nor to approve or accept any portion of the work. Lab does not have the right of rejection or the right to stop the work. City Engineer will direct the Project contractor to stop work at appropriate times for Lab to conduct the sampling, testing or inspection of operations covered by the Agreement. ARTICLE 4. FIELD MONITORING AND TESTING 4.1 City and Lab agree that Lab will be on-site to perform inspections for contracted services. The City and Lab also agree that Lab will not assume responsibility for Project contractor's means, methods, techniques, sequences or procedures of construction, and it is understood that the final services provided by Lab will not relieve the Project contractor of its responsibilities for performing the work in accordance with the Project plans and specifications. For the purposes of this Agreement, the word "inspection" is used to mean periodic observation of the work and the conducting of tests by Lab as specified in the Agreement. Continuous monitoring by Lab or its subcontractors does not mean that Lab is approving placement of materials. Inspection is not and should not be construed to be a warranty by Lab to the City or any other party. 4.2 Samples collected or tested by Lab remain the property of the City while in the custody of the Lab. Lab will retain the samples for a period of 60 days following the date of submission of any report related to the sample. Following the retention period, Lab will dispose of non -hazardous samples, and return hazardous, acutely toxic or radioactive samples and samples' containers and residues to City. City agrees to accept such samples and samples' containers. ARTICLE 5. STANDARD OF CARE AND WARRANTY Services performed by Lab will be conducted in a manner consistent with that level of care and skill ordinarily exercised by reputable members of the profession currently practicing under similar conditions in the same locality. No other warranty either expressed or implied is made or intended by the Agreement or any reports. Lab will not be responsible for the interpretation or use by others of data developed by Lab. ARTICLE 6. INDEMNIFICATION Lab shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a EXHIBIT "B" Page 2 of 6 subcontractor or supplier committed by Lab or its agent, Lab under contract or another entity over which Lab exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Lab shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Lab shall reimburse the City's reasonable attorney's fees in proportion to the Lab's liability. Lab must advise City in writing within 24 hours of any claim or demand against City or Lab known to Lab related to or arising out of Lab's activities under this Agreement. ARTICLE 7. INVOICES AND PAYMENT 7.1 Lab will submit progress invoices to City Engineer monthly and final invoice upon completion of services. Each invoice is due and payable by City within 30 days of receipt and approval to pay by the City Engineer. 7.2 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. ARTICLE 8. INSURANCE REQUIREMENTS 8.1 Lab must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Lab must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 8.2 Lab must furnish to the Director of Engineering Services with the signed agreement (or amendment) a copy of the Certificate(s) of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate EXHIBIT "B" Page 3 of 6 Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs must be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 8.3 In the event of accidents of any kind related to this agreement, Lab must furnish the City with copies of all reports of any accidents within 10 days of the accident. 8.4 Lab shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lab'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. Lab is required to provide City with renewal Certificates. 8.6 Lab shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lab 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 8.7 Lab agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: (a) List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the professional liability/Errors & Omissions policy; (b) 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; and (c) 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" Page4of6 8.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Lab shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lab'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. 8.9 In addition to any other remedies the City may have upon Lab'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 Lab to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lab hereunder until Lab demonstrates compliance with the requirements hereof. 8.10 Nothing herein contained shall be construed as limiting in any way the extent to which Lab may be held responsible for payments of damages to persons or property resulting from Lab's or its subcontractor's performance of the work covered under this agreement. 8.11 It is agreed that Lab'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. 8.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. ARTICLE 9. TERMINATION OF AGREEMENT The City may, at any time, with or without cause, terminate this Agreement upon seven days written notice to Lab at the address of record. Lab will be compensated for services performed up to termination. ARTICLE 10. CONTROLLING LAW This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lie exclusively in Nueces County, Texas. ARTICLE 11. DISCLOSURE OF INTERESTS 11.1 Lab agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement, if required. 11.2 Lab agrees to comply with section 2252.908 of the Texas Government Code and complete Form 1295 Certificate of Interested Parties as part of this Agreement, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 11.3 Lab agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. ARTICLE 12. CLAIMS 12.1 Claims arising from this Agreement shall be made in writing, sworn to and signed by an authorized representative. The responsibility to substantiate a claim rests with the party making the claim. 12.2 All negotiations pursuant to this Article are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. EXHIBIT "B" Page 5 of 6 ARTICLE 13. EXTENT OF AGREEMENT 13.1 This Agreement, including Exhibit "A" and these Terms and Conditions, represents the entire Agreement between City and Lab and supersedes all prior negotiation, representations or agreements, written or oral. This Agreement may be amended only by a written instrument signed by duly authorized representatives of City and Lab. If any conflict occurs between these Terms and Conditions and any other part of this Agreement, these Terms and Conditions are controlling. 13.2 In the event that any one or more of the provisions contained in this Agreement are for any reason held invalid, illegal or unenforceable in any respect, the remaining terms will be in full effect and this Agreement will be construed as if the invalid or unenforceable matters were never included in this Agreement. No waiver of any default will be a waiver of any future default. 13.3 Neither party will assign this Agreement without the express written approval of the other, but Lab may subcontract laboratory procedures as Lab deems necessary to meet the obligations of this Agreement. ARTICLE 14. SAFETY City and Lab agree that, in accordance with the generally accepted construction practice, the Project's general contractor will be solely and completely responsible for working conditions on the Project, including safety of all persons and property during the performance of the work and for compliance with all municipal, state and federal laws, rules and regulations, including OSHA. The duty of Lab in providing services is not, therefore, to include any review of, or responsibility for, the adequacy of the Project's general contractor's safety measures in, on or near the Project site. EXHIBIT "B" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. xxxxxx Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $15,117 $0 $0 $15,117 $0 $1,000 $1,000 7% 20,818 0 0 20,818 1,000 500 1,500 7% 0 0 0 0 0 0 0 n/a 14,166 0 0 14,166 0 0 0 n/a 0% 0 0 0 0 0 0 O $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% $0 $0 $0 $0 $0 $0 $0 n/a 0 0 0 0 0 0 0 n/a 9,011 0 0 9,011 00 0 0% 29,090 0 0 29,090 0 0 0 0% 1,294 0 0 1,294 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $39,395 $0 $0 $39,395 $0 $0 $0 0% $50,101 $0 $0 $50,101 $750 $1,500 $2,500 5% 39,395 0 0 39,395 0 0 0 0% $89,496 $0 $0 $89,496 $750 $1,500 $2,500 3% CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of anrPsustiCity 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: Rock Engineering & Testing Laboratory, Inc. P. O. BOX: STREET ADDRESS: 6817 Leopard Street FIRM IS: 1. Corporation 4. Association e CITY: Corpus Christi ZIP: 78409 2. Partnership 5. Other e 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 Cityof 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 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: Curtis Rock Title: Chief Administrative Officer (Type or Print) Signature of Certifying Person: Rk 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." 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. Kostoryz Road Brawner Parkway to Staples Street BOND 2012 Proposition 1 Corpus Chr"sti Engineering Council Presentation June 14, 2016 Project Vicinity Corpus Chr sti Engineering Dcl Mar chnlc& Inctlllrtc a ♦h"�Oj�" pve e Lorpu+a L2Na11 v '51812 LIWrtd 42212,PT PT +„21x1 f.�ilf [:vi lvi N�5` ,fro 4 L Irra 21 MOOMlnptt,m Sr „ Illarr2al Mary S1 Q fl th tL ,Anni 5' Morgan 450 nu. S,o MaM fit SnAanual ay. 41uWE . '0h, 2 GM T Gorpus Chris[i Bay 1 Project Location L/� 0 -94y �N v 1 'rrvy ,,, v tir ,.. Project Location alk Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti Engineering CONCRETE 8" CONCRETE 1' HMAC 6" LIMESTONE BASE 12" COMPACTED SUBGRADE HOT MIX CONCRETE ASPHALT (HMAC) 4" HMAC 15" LIMESTONE BASE 12" COMPACTED SUBGRADE "-PRIME COAT 'GEOGRID (TX -5) Street improvement project that includes: • Full depth reconstruction of the existing 4 -lane roadway • Two widened intersections for protected left -turn lanes at the Brawner Pkwy and Norton Rd, • Widened intersection a Staples St for two existing left turn lanes and new designated right -turn lane, • Underground utility improvements for water, wastewater, gas and storm water, • New 5' sidewalks (west side) and 8' multi -use sidewalks (west side) with ADA accessible ramps, and • Signal upgrades, signage and markings The project was bid with two Base Bids: ➢ Part 1 for Concrete ➢ Part 2 for HMAC Based on the lifecycle analysis, Part 1 for the Concrete pavement is recommended. Intersection Details Corpus Chr'sti Engineering 1 New Turn Lane Configuration (2 Locations New Turn Lane Configuration Project Schedule ia Corpus Chr sti Engineering 2014 2015 2016 ,,I 2017 im:::A°°A:MDA0°MDDADDMaO���"IJF�A�DOA0°� A O D A A O D 1 Design I. A Bid A D Construction Construction Estimate: 540 Calendar Days 18 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-55955 Date Filed: 05/16/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Reytec Construction Resources, Inc. Houston, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12099 Roadway Construction 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Reyes, Gregg Houston, TX United States X Reyes, Rebecca Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above o",,m,,,,,, LAURA G. LEAL =P' B` �'s Notary Public, stone of Texas 7----:1„.....----) •h My Commission Expires '*;142`,• +. August 26, 2018 disclosure is true and correct. "�� S gnature o a thorized agent of contr cting business entity AFFIX NOTARY STAMP / SEAL ABOVE 01 Swor, to and subscribed before me, by the said I iC l dr- this the day of 20 , to certify which, witness my hand and seal of o ice 0 Signature of officer administering oath Printed name of officer administering oath Title of officer adminis ring oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Forms provided by Texas Ethics Commission www.ethics.state. tx.u5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1. of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-56307 Date Filed: 05/16/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Rock Engineering and Testing Laboratory, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12099 Construction Materials Engineering 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 is Party. Check only if there NO Interested X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. ,e».,,, ,..� ,c orLORENPu l Eli Aat ROCK ., �'�. Notary Public, Statex Texas _: My Commission Expires • << March 2d, 2017 Signature of t. rued nt of contracting business entity AFFIX NOTARY STAMP 1 SEAL ABOVE __ A``,, �� Sworn to and subscribed before me, by the said CAV-k"tS 1 , this the fl*\ day of Mao , 20 11.0 , to certify which, witness my hand and seal of office. i� . t2-0(-44-- ‘4,:-A«,ry CVPV%(., �` I mo-- L- V Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state. tx.u5 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 14, 2016 TO: Margie C. Rose, Acting City Manager FROM: Edgar Leonard, Interim Director of Facilities and Property Management EdgarL@cctexas.com (361) 826-3567 Maria Pedraza, Procurement Manager mariape@cctexas.com (361) 826-3176 Service Agreement for Lindale Senior Center Roof Repair CAPTION: Motion authorizing the City Manager, or designee, to execute a service agreement with South Texas Metal Roofing of Corpus Christi, Texas, for the roof repair of Lindale Senior Center, in accordance with Bid Event No. 96 based on the lowest, responsive and responsible bid for a base cost of $174,850 and an additional 10% project contingency in the amount of $17,485 for unforeseen repairs. PURPOSE: To repair the Lindale Senior Center Roof in accordance with the Comprehensive Facilities Improvement Plan. Funds have been budgeted through a Certificate of Obligation in FY 2015-2016. BACKGROUND AND FINDINGS: The Lindale Senior Center, approximately 8,250 square feet is located just southeast of downtown Corpus Christi next to the Lindale Recreation Center and W.B. Ray High School. It was originally built in the 1970's, so with this roof repair it should extend the life of the roof. ALTERNATIVES: None OTHER CONSIDERATIONS: Roof leaks are an ongoing issue. Several areas of the facility have interior damage to the walls and ceiling. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures along with the State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Facilities and Property Management 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 $2,000,000.00 $0 $2,000,000.00 Encumbered / Expended Amount $326,829.87 $0 $326,829.87 This item $174,850.00 $0 $174,850.00 BALANCE $1,498,320.13 $0 $1,498,320.13 Fund(s): Certificate of Obligation Comments: Certificate of Obligation utilized to fund Comprehensive Facilities Improvement. The above Financial Impact Table does not include a 10% project contingency in the amount of $17,485 identified for unforeseen repairs, calculated as follows: $174,850 Total cost of repair $17,485 10% Contingency $192,335 Total not to exceed project cost RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION BID EVENT NO. 96 LINDALE ROOF REPAIR Recorded By: Jamye Clark ITEM DESCRIPTION QTY. UNIT South Texas Metal Roofing Corpus Christi, Texas Haeber Roofing Company Corpus Christi, Texas Gourley Contracting Corpus Christi, Texas Lump Sum Price Lump Sum Price Lump Sum Price 1 $174,850.00 $224,999.00 $232,981.00 Bidder shall furnish all necessary labor, materials, equipment, and supervision to remove existing roof and gutters including haul off and disposal of debris at the Lindale Senior Center located at 3135 Swantner Street, Corpus Christi, TX 78404 per spec no. 07-51-13.20. 1.00 LS TOTAL AWARD: $174,850.00 $224,999.00 $232,981.00 0 N 1832, Service Agreement LINDALE SENIOR CENTER ROOF REPAIR Agreement No. 629 THIS LINDALE SENIOR CENTER ROOF REPAIR ("Agreement") is entered into by and between South Texas Metal Roofing ("Contractor"), and the City of Corpus Christi, .a Texas home -rule municipal corporation ("City"), effective for all purposes upon execution by the City Manager or designee ("City Manager"). WHEREAS, Contractor has bid to provide LINDALE SENIOR CENTER ROOF REPAIR in response to the City's Request for Bids ("RFB No. 96") which RFB with any related specifications, and bid response, are incorporated by reference into this Agreement as Exhibits "1 and2"; WHEREAS, the City has determined Contractor to be the lowest, responsive and responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Scope. Contractor will provide LINDALE SENIOR CENTER ROOF REPAIR ("Services") in accordance with this Agreement and the Scope ofServices as shown in Attachment "A": 2. Term. This Agreement is for 1 year commencing on the issuance of a notice to proceed (NTP). The work performance shall be done within 60 days starting 14 days after the NTP is given by the Purchasing Department. 3. Compensation and Payment. This Agreement is for an amount not to exceed $174,850.00, subject to authorized extensions and changes. Payments will be allowed in accordance with Attachment "B" Schedule of Pricing. Payment terms are net 30 days after the goods are provided or services are completed, as required or a correct invoice is received, whichever is later. 4. Contract Administrator. The contract administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non-performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator or designee ("Contract Administrator") as follows: Contract Administrator: Andres Gonzalez Contract Administrator Department: Facilities and Property Management Contract Administrator Address: 1201 Leopard Street Contract Administrator Phone: 361-720-3350 Email: AndresG@cctexas.com 5. Independent Contractor. Contractor will perform the Services as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered an employee of the City. 6. Insurance. Before Services can begin under this Agreement, Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverage, to the Contract Administrator. Contractor's insurance requirements are attached to this Agreement as Attachment "C". 7. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by Contractor is effective unless the City Manager first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on September30th) is subject to appropriations and budget approval providing for such contract item as an expenditure in the budget. The City does not represent that said budget item will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waivers by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 10. Governing Law. This Agreement is subject to all federal, state and local laws, rules and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may use subcontractors in connection with the Services to be performed under this Agreement. When using Subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator unless such subcontractors were named and included at the time of bid. In using subcontractors, Contractor shall be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if Contractor and its employees had performed the Services. 12. Amendments/Extensions. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. Such amendment will be in the form of a change order. Extensions to this Agreement will be at the sole discretion of the City and if offered to Contractor will be mutually agreed to in the form of a bilateral change order. 13. Termination. a. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in this Agreement. Failure to keep any required insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 10 days written notice of the breach and set out a reasonable opportunity to cure. If Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. b. Alternatively, the City Manager may terminate this Agreement without cause upon 30 days written notice to Contractor. However, the City may terminate this Agreement upon 24 hours written notice to Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 "Certificateof Interested Parties" as part of this Agreement. 16. Notice. Notice may be given by fax, email, hand delivery or certified mail, postage prepaid, and is received on the day faxed, emailed or hand- delivered and on the third day after deposit in the U.S. mail if sent certifiedmail. Notice must be sent as follows: IFTO CITY: City of Corpus Christi Attention: Andres Gonzalez 1201 Leopard Street Corpus Christi, Texas 78401 Fax: 361-826-1989 Email: AndresG@cctexas.com IF TO CONTRACTOR: South Texas Metal Roofing Attention: Name: Sigifredo Montemayor Address: 2217 Flour Bluff Drive, CC Texas 78418 Fax: 361-939-7048 Email: sigi060@gmail.com 17. Severability. Each provision of this Agreement is considered to be severable and if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 18. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF PERSONAL INJURIES, INCLUDING THOSE RESULTINGIN WORKERS' COMPENSATION CLAIMS OR DEATH, PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT AND REGARDLESS OF WHETHER THE INJURIES, DEATH, LOSS, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL NOTICES, CLAIMS, AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS.THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 19. Order of Precedence. In the event of conflicts 'or inconsistencies between this Agreement and its exhibits or attachments, such conflicts or inconsistencies will be resolved by reference to the documents in the following order of priority: this Agreement and its Attachments, the RFB documents including Addenda, thebid response. 20. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 21. Bonds. Contractor shall keep current a performance bond for the full value of the contract along with any increases that may incur throughout the agreement. CONTRACTOR Signature. �r Printed Name: �4,`"1"A u v � v A. Title:Pe�v� CoQ Date: °511.9-1a CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 96, Lindale Senior Center Roof Repair Exhibit 2: South Texas Metal Roofing's Bid Response Page 6 of 6 CITY OF CORPUS CHRISTI PURCHASING DIVISION 1. SCOPE: ATTACHMENT A- SCOPE OF WORK SPECIFICATION NO. 07-51-13.20 DATE: 2/22/2016 Revision PAGE 1 OF 4 SPECIFICATIONS FOR LINDALE SENIOR CENTER ROOF REPAIR Contractor shall furnish all necessary labor, materials, equipment, and supervision to remoN e existing roof and gutters including haul off and disposal of debris at the Lindale Senior Center located at 3135 Swantner Street, Corpus Christi, TX 78404. Repairs will consist o f: 1. Contractor will be required to obtain a permit for roof work. 2. inspect entire deck area and replace as needed, in conjunction with the Project Manager, there is an allowance of 51/4 deck replacement for the entire project. (Submit price sheet with the 51/4 allowance) *** install tapered insulation system as per code requirements. (minimum 1/4t slope per every 1 foot) *** 3. Install a new modified and composition shingle roof which consists of: A. Modified Mop Down System (five -layer course); (approximately 118 squares) on all flat areas with a 20 -30 -year warranty. B. Composition Roof System (shingles) on all pitch areas (approximately 78 squares) with a 30 -year warranty. 1. Remove and replace composition roof shingles and haul away debris 2. Inspect entire plywood decking and replace if needed, in conjunction with Project Manager. 3. Remove and replace all plumbing pipe jacks on shingle roof area. 4. Install 30 -pound underlayment felt paper on entire shingle area. 5. Install 2 inch by 2 -inch drip edge on entire perimeter pitch roof area. 6. Install a starter course on top of drip edge. 7. Install a 30 -year class A fire resistant composition roof shingle. 8. Install 8 -inch roof to wall cap flashing where applicable. 9. install roof to wall flashing on the last upper shingle. (pitch and flat) 4. Mechanically fasten fiberglass base using #14 heavy duty with 3 inch gavalum metal plates as per code. A. The installation of the glass sheet will only take place once the 0.S. inspects and gives the final approval. Page 1. of 4 5. Install modified and primed gravel guard before applying hot asphalt to ensure a better attachment. The gravel guard will be installed on the entire perimeter of the build -up flat roof system. A. Remove and replace all standard plumbing pipe jacks. B. Install new pitch pans and fill with pourable sealant (flexible) on all steel anchor supports around air condition area. C. Replace all expansion joints. D. Remove and replace all standard exhaust roof jacks, and remove and seal penetration in inoperative vents in conjunction with Project Manager. 6. Apply 3 layers of ply IV fiberglass interplay sheets on hot asphalt. All water ponding areas need to be assured there will be no more water accumulation. If needed, fill areas with asphalt and ply 4 sheets to get it to drain level. 7. Install a modified class A bitumen mop down cap sheet on entire flat system. S. Install 12 one-way breather vents, 1 per every 1000 square foot to release trapped air pressure and moisture. 9. Remo\ e inoperable vent systems up to 2, as selected by the Project Manager. 10. Remos e all existing gutter system. 11. Install approximately 1000 linear feet of 6 inch residential seamless gutters (15" coil .032 aluminum). Install approximately 300 linear feet of 3 inch by 4 inch downspouts. A. Remove and replace all skylights. 12. Inspect and replace all damaged facia. 13. During every phase of the project, provide the O.S. notice and access to take pictures for documentation, of the different phases of work. Page 2 of 4 14. This roof will need to be inspected by a licensed engineer and a windstorm certificate will be required to be provided to the City before acceptance of work. 15. Insurance must be kept current throughout the term of the contract. 16. The contractor will be required to participate in a project kick off meeting with Project Manager and a final walk through prior to acceptance of the work by the city. 17. Contractor will have to provide their own portable restrooms. 18. Provide a 1 -year warranty for all workmanship and I -year warranty for materials. 19. Complete a 1 -year warranty walk through on the 1 lth month atter the project is accepted by the city. The above work scope is intended to be the requirement to complete the project. It is advised to visit the jobsite, with a prior appointment, to inspect the surrounding conditions and make recommendations as necessary. Page 3 of 4 City of Corpus Christi Reuuirements I. Successful bidder will be required to contractually meet the City's insurance requirements prior to executing the work. See attached "Insurance Requirements". II. Facility Building Maintenance will inspect Bidder's equipment before and/or during the project for safety. III. Performance Bond will be required for work over 100k. IV. Payment Bond will be required for work over 50k. Page 4 of 4 Attachment B - Schedule of Pricing Event Line Response Company: Event #: 96-2 Supplier Croup: Supplier: 1290 Supplier Contact: Supplier Contact Name: Sigifrcdo Montemayor Line Response Line Details Description: Lindale Senior Center Roof- Repair Item: LINDALE It0OI REPAIR Item Description: Roof Repair Quantity: ' 0000 UOM: EA GTIN GTIN Description: hlanuracturer Code: Division: Commodity Code: 914-73 Commodity Description: Roofing and Siding Line Response Information Vendor 1 tem Vendor Item Description. Quantity. 1 0000 UOM: EA Unit Price: 174,850.00000 No Charge: No No Bid: No Extended Price: 174.850.00 Delivery Date: Response Comments: Line #: 2 Supplier Name: South Texas Metal Roofing Output Type: PO Requested Delivery Date: Manufacturer Number: UOM Detail ATTACHMENT C INSURANCE REQUIREMENTS I. CONTRACT OR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Solid Waste, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Iiability and Auto Liability policies by endorsement, and a x‘.aiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: I. Commercial Broad Form 2 . Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) I. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 '$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 11. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain 111 full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf, of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days' advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days' advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) i f any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 1l. It is agreed that Contractor's insurance shall be deemed primacy 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. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 hlsurance Requirements Facility and Property Management Roof Replacement Project 1:19/ 2016 ds Risk Management CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE CERTIFICATION Certificate Number; 2016-20139 Date Filed: 03/01/2016 Date Acknowledged: ONLY OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. • South Texas Metal Roofing Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. i City of Corpus Christi 3 Provide the identification number-tised by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Conmic,+ lam? y ,.. 14au tindale Senior Center Al 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Montemayor, Sigifredo Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. 4 j AFFIX Swom 20 •;. BRINE CRUMBLY f`: = MY COMMISSION EXPIRES z March 21, 2017 said S NOTARY STAMP r SEAL ABOVE to and subscribed before me, by the I k , to certify which, witness my hand Signature of authorized agent of contracting business entity ( t ` /► j 1`v tCcO m o vi4- (/Vlq i,1t he IS-1 day of Iv MO f),1 . and seal �1 f office. IVI({. GA/1 o CCJ 1v t Signature of officer administering oa Printed name of officer administeri oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.312 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: May 23, 2016 TO: Margie C. Rose, Acting City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 3142 Masterson Drive and 6201 Kostoryz Road CAPTION: Case No. 0516-01 Paisano Contractors, LLC: A change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District. The property is described as being 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1 B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (May 18, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Commercial Neighborhood District. Vote Results For: 7 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner requests the rezoning to be able to market the property for commercial uses. Further, the property owner requests the property be zoned "CN -1" Neighborhood Commercial like the other three corners at the intersection of Kostoryz Road and Masterson Drive. There are no specific development plans at this time. The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map designation of the property as medium density residential, but it is consistent with the Comprehensive Plan Policy Statements and the Southside ADP. It is staff's opinion that a change to commercial uses will not alter the overall intent of the Southside Area Development Plan. The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. The zoning change is not anticipated to have a negative impact upon the surrounding properties and a "CN -1" District would allow uses that are suited for the property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is not consistent with the adopted Future Land Use Plan, which slates the property for a medium density residential use. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital iu: Not applicable Fiscal Year: 2015- 2016 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Paisano Contractors, LLC ("Owner"), by changing the UDC Zoning Map in reference to 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial 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 Paisano Contractors, LLC ("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, May 18, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District, and on Tuesday, June 14, 2016, 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 Paisano Contractors, LLC ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road (the "Property"), from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District (Zoning Map No. 47046), as shown in Exhibit "A". Exhibit A, which is a metes and bounds description of the Property and a map to accompany the metes and bounds, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. 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. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for commercial land uses. 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 Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0516-01 Paisano Contractors, LLC Page 2 of 2 Lot 1A, Block 1 Creetmont Unit 11 Vol. 54, Pg. 125, Map Records, Nueces County, Texas N28`28750"E 660: W 0 101 CC Lot Lot 18, Block 1 Crestmont Unit 11 Vol. 54, Pg. 125, Map Records, Nueces County, Texas N2S28150.9 880.00' fd. 5/8" iR 3.827 Acres 166,691.01 Sq.Ft. Lot 3, Section 8 Bohemian Colony Lands Vol. A, Pg. 48, Map. Records, NUeces county, Texas Ea jin 0. c� o a Fd: 5/8' ett .58*IR 55-5 55- --55 -55- Sanitary 55 �--o 55 2.0' Conc. Curb & car CILU.E. ( No. 307979, Vol. Records,. Nuecea County, Texas LOCATION MAP N.T.S. PKWY CHRISTINE SOLOMON SWEET GUM CREST PEBBLE m m Q5' _ A Sit8- Cfli BLUEWArta. KOSTORYZ CRESTMORE NICO WHARTON IRO m - n ROSERI 4 !AR CADS BONHAM BOWIE CROCKETt 55 -_5-55 5 Sacker/ Line 55 --55- Light ID Sign Pole Kosteo' orvzo.W.} Rood ( as • 3 Lot 10 Flood Note: By graphic plotting only, this property is in Zone "C" of the Flood Insurance Rate Map, Community Panel Number 485464 0130 C, City of Corpus Christi, Texas, which bears an effective date of July 18, 1985 and is not in a Special Rood Hazard Area. General .Notes: 1.) Bearings based on the recorded plat of Crestmont Unit 11, a map of which is recorded in Volume 54, Page 125, Map Records of Nueces County, Texas. 2.) Some features shown on this survey may be out of scale for clarity. 3.) Declaration is made to original purchaser of the survey. It is not transferable to any additional or subsequent owners. Field Notes Description: Field Notes for a 3.827 Acre Tract of land out being all of Lot 18, Block 1, Crestmont Unit 11, a map of which is recorded in Volume 54, Page 125, Map Records of Nueces County, Texas, and a portion of Lot 3, Section 8, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, said 3.827 acre tract being more fully described by metes and bounds as follows: Beginning at a 5/8 inch iron rod found on the northwest boundary of Kostoryz Road, an 80 foot wide public roadway, for thw south corner of Lot 10, Block 8, Crestmont Unit 7, a map of which is recorded in Volume 49, Pages 64-65, Map Records of Nueces County, Texas, for the east corner of this tract; Thence, South 28'56'00" West, along the northwest boundary of said Kostoryz Road, a distance of 660.02 feet to o 5/8 inch iron rod found at the intersection of the said northwest boundary of Kostoryz Road, and the northeast boundary of said Mqsterson Drive, a public roadway, for the south corner of this tract; Thence, North 61'31'10' West, along the northeast boundary of said Masterson Drive, at 199.95 feet pass o 5/8 inch iron rod found for thw south corner of said Lot 18, in all a total distance of 249.95 feet to a 5/8 inch iron rod found for the south corner of Lot 1A, said Block 1, same being the west corner of said Lot 1B, and of this tract; SUrveyors Certificate: We, Urban Engineering, have made an on the ground field survey, under my direction and supervision, of the property legally described hereon; all observable, aboveground evidence of buildings, structures and other improvements situated on the premises have been shown; said property has access to and from a dedicated roadway; this survey substantially conforms to the current Manual of Practice for Land Surveying in Texas, published by the Texas Society of Professional Surveyors, for a Category 1B, Condition 2 Land Title Survey. URBAN ENGINEERING GRESTWOOD GREStVORD CRCRESTHA`e4ES IFtAVG HAK£L BRANDESKY EVANS 2 55 KVIEW 55 rt r MORA KOSAREK MOKRY CARROLL. ANTHONY KASPER CONCORD KRAbd 0 W Dan L. Urban, R.P.L.S. License No. 4710 vrAIROD Thence, North 28'28'50" East, a distance of 660.00 feet to a 5/8 inch iron rod found for the east corner of said Lot 1A, same being the north comer of said Lot 1B, and of this tract; Thence, South 61'31'10" East, at 50.00 feet pass a 5/8 inch iron rod found for the east corner of said Lot 1b, in all a total distance of 255.17 feet to the Point of Beginning and containing 3.827 Acres (166,691.01 square feet) of land. REV.BY DATE DESCRIPTION APPROVED iUR=AN1 ENGINEERING 2725 WARMER, CORPUS CHRISTI, TEXAS 78404-6355 (361) 854-3101 FAX (361) 854-600 Boundary Survey of 3.827 Acre Tract of land out being all of Lot 1 B, Block 1, Crestmont Unit 11, a map of which is recorded in Volume 54, Page 125, Map Records of Nueces County, Texas, and a portion of Lot 3, Section 8, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas. ::; . • 1 "=50' • 14611.A7 00' DRAWN BY: SB SCALE. J08 N0. _ , - . , CHK'D. BY:DATE:4/04j47 SHEET: 1 OF: 1 Aerial Overview 1 N Aerial RS- 30F /a r 1,4y f I �d,;epoP i e PLANNING COMMISSION FINAL REPORT Case No. 0516-01 HTE No. 16-10000013 Planning Commission Hearing Date: May 18, 2016 Applicant & Legal Description Applicant/Owner: Paisano Contractors, LLC Legal Description/Location: Being 3.1 acres out of Lot 3, Section 8, Bohemian Colony Lands, and Lot 1B, Block 1, Crestmont Unit 11 (0.76 acres), located on the northwest corner of Masterson Drive and Kostoryz Road. Zoning Request From: "RS -6" Single -Family 6 District To: "CN -1" Neighborhood Commercial District Area: 3.86 acres Purpose of Request: To allow commercial uses. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Medium Density Residential North "RS -TF" Two -Family Low Density Residential Medium Density Residential South "CN -1" Neighborhood Commercial Vacant and Commercial Commercial East "RS -6" Single -Family 6 and "CN -1" Neighborhood Commercial Vacant and Commercial Low Density Residential and Commercial West "RS -6" Single -Family 6 Public/Semi-Public Public/Semi-Public ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map but it is consistent with the Comprehensive Plan Policy Statements and the Southside Area Development Plan. Map No.: 047036 Zoning Violations: None Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 250 feet of street frontage along Masterson Drive, which is designated as a "01" Minor Collector street, and 650 feet of street frontage along Kostoryz Road, which is designated as an "Al" Minor Arterial Undivided street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2014) Masterson Drive "01" Minor Collector 60' ROW 40' paved 60' ROW 36' paved N/A Kostoryz Road "Al" Minor Arterial Undivided 95' ROW 64' paved 120' ROW 65' paved 8,529 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CN -1" Neighborhood Commercial District to allow commercial uses. Development Plan: The property owner requests the rezoning to be able to market the property for the highest and best uses possible. Further, the property owner requests "CN -1" Neighborhood Commercial to be zoned like the other three corners at the intersection of Kostoryz Road and Masterson Drive. There are no specific development plans at this time. Existing Land Uses & Zoning: The subject property is vacant and zoned "RS -6" Single -Family 6 District. North of the subject property is zoned "RS -TF" Two -Family District and consists of low density residential uses. South of the subject property is vacant land and the Navy Army Community Credit Union, zoned "CN -1" Neighborhood Commercial District. East of the subject property is vacant property zoned "RS -6" Single -Family 6 and a recently constructed retail strip center in the "CN -1" Neighborhood Commercial District. West of the subject property is Galvan Elementary School in the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: Only a portion of the subject property is platted. Comprehensive Plan & Area Development Plan (ADP) Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CN -1" Neighborhood Commercial District is not consistent with the adopted Future Land Use Map designation of the property as medium density residential, but it is consistent with the Comprehensive Plan Policy Planning Commission Final Report Page 3 Statements and the Southside ADP. The following policy statements of the Comprehensive Plan and Southside ADP should be considered: • Comprehensive Plan General Policy Statement D: New development should occur in a pattern which is cost effective. • Comprehensive Plan Residential Policy Statement E: Commercial activities which generate large volumes of traffic should have direct access to an arterial road without having to traverse low-density areas. • Comprehensive Plan Residential Policy Statement H: Encouraging infill development on vacant tracts of land within developed areas. • Comprehensive Plan Residential Policy Statement 1: Incompatible industrial and commercial land uses should not abut residential areas. • Comprehensive Plan Commercial Policy Statement D: Expansion of commercial uses into or within residential areas may be permitted only if the expansion maintains or improves the residential desirability of the impacted area. • Southside Area Development Plan Policy Statement: High-intensity commercial and industrial uses should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E)Other transitional land uses. Department Comments: • The rezoning, while not consistent with the Future Land Use Map, is consistent with policies in the Comprehensive Plan concerning efficient in -fill development, providing commercial uses to serve neighborhood needs, locating commercial uses on arterial roadways, and buffering commercial uses from low density residential areas. • A change to commercial uses will not alter the overall intent of the Southside Area Development Plan. • The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. • A "CN -1" District would allow uses that are suited for the property. • The zoning change is not anticipated to have a negative impact upon the surrounding properties. • Development standards and requirements in the Unified Development Code and adopted construction standards will ensure that eventual development occurs in a manner that will be compatible with adjacent development. Planning Commission Final Report Page 4 Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CN -1" Commercial Neighborhood District. Vote Results: For: 7 Opposed: 0 Absent: 2 Public Notification Number of Notices Mailed — 22 within 200 -foot notification area 3 outside notification area As of May 23, 2016: 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: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES Q016\0516-01 Paisano Contractors, LLC\Council Documents\Report for CC_0516-01 Paisano Contractors, LLC.docx CASE: 0516-01 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 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park tL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -14 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 16 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property 0 owners wtth 200 buffer in favor A owners within 200" listen on Owners — attached owners&RF table It in opposition ,' SUBJECT ''PROPERTY 0 + to [ ...7 o„QUs ey, ., , ..r ._or'r-� >.,__ - X 1.7: t-) t , 7852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78489-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use Only Case No.: Map No.: y /� PC Hearing Date: s.#)— ` � for ” 1 Proj.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 . m. ARE SCHEDULED PER HEARING. BE ACCEPTED. • A MAXIMUM OF FIVE REZONINGS CASES • INCOMPLETE APPLICATIONS WILL NOT 1. Applicant: Mailing City: C° E-mail: /'/9/1l%/''° CD/"T/'1ii C7-0,5 e- L C Contact Person : T est' .r /f FJ' E_ - Address: 1071/ 6 Fe/".#7- to C t /o V.1' Cd/r/-1 T / • TX • 7' LP - - — ,— - - -7 Phone: ( .1/_) L/ 7 r' Ja %J Cell: (/61 ) 4%7 F-2.? 73 2. Property Mailing City: E-mail: Owner(s): Tr f V J n 6-.)-6--__r Contact Person : TES -L/ S , (-1,r f Address: 137 t/ 6 Fe/~ - z'o C/Ar CO/TfvJ- C17(/ f 7 / State: TX ZIP: 7 ry/ r Phone: (3C/ ) L/ 3 er- 3a 7 3 Cell: ( 361 ) y 3 a- 30? 73 3. Subject Current 12 -Digit Subdivision Legal Description 3,'18 "4 47 -- tri sem' 1 - 11‘ Property Address: ed J !co IT 04) Z. Area of Request (SF/acres): Zoning & Use: S~ 671/4 c,9"--7-Proposed Zoning & Use: CAS— .^�4E T/9/ c / 1 1 Tc'-oodl Nueces County Tax ID: 0$ `i Name: -ref 4 _oolc 7-- 0 G O 1- a O 1 S ' Block: Lot(s): F7 /9 c > eh if not platted: SEF 4 77-4 c I/ e- Q 4. Submittal Requirements: +E rly Assistance Meeting: Date Held Land Use Statement Disclosure IF APPLICABLE: 12/Peak Hour Trip Form (if request is inconsistent kErfAetes & Bounds Description with exhibit Appointment of Agent Fomi if landowner 1 3' 1 fd ; with City Staff,Cir +-Q 5 Y of Interest jtopy of with Future Land Use Plan) if property includes un -platted land is not signing this form Warranty Deed • Site Plan for PUD or Special Permit (sealed by RPLS) 0 Lien Holder Authorization I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is rate. Owner or A is Signature Applicant's Signature TEfvs /e e)/(.../ 1'EIvJ' nEyES Owner or Agent's Printed Name Applicant's Printed Name Office Use Rezoning Fee: No. Signs Required Only: Date Received: 41810 9.2 . S-0 '1 1 q " i' (o Received By: r Pr� K? ADP: 'SS + PUD Fee + Sign Fee 20.00 = Total Fee 17 1 c2 e 5-0 @ $10/sign Sign Posting Date: K.DEVELOPMENTSVCSISHAREDSLAND DEVELOPMENT4APPLICATION FORMStREZONINGIZONING APPLICATION 2015 DOC orm Revs LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed building(s)/unit(s), building(s)/unit(s) height. parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. L C G/t L b ES C4 E/' 7/ o/✓ /30//Lr/r'1 //2N coe ©v7 z. S '1 - / c5' GP Col-- 3 re -c7-70,7,.... ovT cRcs-r 7 LOT j Q ,J oc4l—.2. Applicant requests to rezone the property for commercial uses in order to market the property. 2. Identify the existing land uses adjoining the area of request: North- /?SrT 1 -Di South - %? S — y. S if CN East -/LS—Gri c/v�' West -/?S- L S 09N7- ¢' com4 (4c /i9C PV,&/C/sc// / - fi✓4C/c C 1USERSITANYAR 0001DESKTOFIDAILY USEIANNIKAiLAND USE STATEMENT FOR ZONING DOC 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". NAME: %//9I S4N0 Co^/r/r,jC T°. rS I L C STREET: 12 9 y6 /=C/,• -f "C/f CITY: CorMVS CN?/1T/ ZIP: 7 57 Y1 r FIRM is -°Corporation °Partnership °Sole Owner °Association °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 N /,9 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: �ESr/.S l?C/Title n4,74,-C/e (Print Name) Signature of Certifying Person Date. 0y I`� ,R0 /6 1< DEVELOPMENT5VG5,5HAREDILAND OEVELOPMENTV PPLICAT:ON FORMS REZONING1D1LCLOSURE OF INTERESTS STATEMENT_512 2015 DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Es -vs fe cy( S Mailing Address: 12 9 y6 PZ /,"T Zo c/r City: C°/rpv 1 C/j///1'T! State: T.r. Zip: 7 f'/ / 7 Home Phone: ('3 6 / ) y3P-1 a7,7 Business Phone: ( 1 379/5( Cell: ( ) 54. F I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and 1 will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: Title: Printed/Typed Name of Agent: o 11,.."0"-- dr *Signature of Property Owner: Date: o'H y- /6 Title: Ow-- Printed/Typed Name of Property Owner: /°/1/9/1/ 0I? T/ 2 s4• *Signature of Property Owner: Date: o/ -/1-A Title: Printed/Typed Name of Property Owner: "IAA/ OW' f Z Ise. Date: °Y -H-16 *Signature of Property Owner: Printed/Typed Name of Property Owner: �' (A, L D 0,17-/z. Date: o *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D W Brown APPOINTMENT OF AGENT2-19-09 dac el Development Services 2406 Leopard Street Corpus Christi TX 78408 Phone (361)826-3240 vi WI ceteras cum PEAK HOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). r� �/rl moi✓ Property Address. 6 a 0/ /fosr ort l'. £3o horii +/9r✓ cal./1,y tn./id) r r Legal Description (Subdivision, Lot, BIock):_ e4c.c.s:" 0.4"/- /T—// tor .L13 /3Lxr- a_ Applicant Name: f4/J '° Co/v741 CTO/4f LZ. C Address: 139 I/6 Fe /A✓T LO eX City State.°Zip: C. C 7—,K 7 8 Telephone 16/) L/ ?"3-47-7 Email: rerrF"fey _r let )'4/,too . CO" Application Status (Select One). Existing Land Usc Rezoning 0_ Site PlanjStreet Closure Tract Acres Unit of Measure Zoning Land Use I.T.0 Code A.M. Trip Rate Peak A.M. Trips P M Trip Rate Peak P.M Trips 's , SG 4 c ir5-- 6 AI ba as o o.. s o_ 6 7 51 Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E Code A M Trip Rate Peak A M Trips P.M. Trip Rale Peak P M Trips 2. r6 /I c civ --1 ,rErA/t Sa6 6'. it/ S. oa Lisp Total Total Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) /r74CTCoq -ro v Pr o.f i og72. For City Use Only A Traffic Impact Anal}sis required The consultant preparing the TIA must meet nilh the City to discuss the scope and requirements (Vibe anal) sis prior to beginning the TIA A Traffic Impact Analysis is NOT required The proposed traffic generated does not lfl exceed the established threshold The Traffic Impact Analysis has been t%awed for the Iollovving reason{s) Reviewed 13) 4,• 0', 1 Dale r a f -r (4CA, 6,4 G 4( o Note This completed and reviewed form must accompany any subsequent application for the IDENTICAL protect CI IANGES to the proposed project will region: a new TIA determination to be made Tract Size Future LU Unit of Per Ac ITE Rate Trips Acres Measure Density Units ITE Code AM Pk HR PM Pk Hr AM Pk Hr PM Pk Hr Adopted 3.86 MDR Dw Units 22 85 220 0.55 0.67 47 57 Proposed 3.86 Commercial Sq. Feet 90,100 90 826 6.84 5.02 616 452 MDR 8-22 units Maximum density of 22 units per acrea used in calculation per adopted plan. Commercial Maximum building size for one story construction and allowing for parking is 90,100 square feet. Unit of measure is Trips per 1,000 sq. ft. of gross leaseable (building) area Commercial Development Assumptions 1 story construction One Parking Space and manuvering area avg size = 350 sq. feet. Sq. Ft. Site Total Sq. Feet Floor Area Pk Spaces 168,142 Building Sq. Ft. 20,000 20,000 Pking @ 1 per 250 350 80 28,000 Subtotal - building & pking @ 1 per 250 48,E Building Sq. Ft. 70,100 70,100 Pking @ 1 per 500 350 140 49,070 Subtotal - building & pking @ 1 per 500 119,170 Total Development Sq. Ft. - Building and Parking 167,170 Total Building Square Footage 90,100 Lot urt Irwi Perm re•ga latft2r2re MUG' Gol�1R_tda 1INET(.1.7.113. Us aloft WV ire 1c.,911 44. Arab. .-c am., -- rrrE _...__.=....._.__. _ — N� IV lr Locum MAP =S. s 1 1 c somplas plasia aal,. dam groiddirho Zoom 't". at Ow flo tronroo Rola trap.OmarO1 .'d c ar CR9ri 'Saar. aar. 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Path 7271r30' roe. n dna of MAO lost b toga lair tan tad lana for I M soot-somor of 4 Ld bainR Iba mai gamer of salt Lat 18. and of ltd. boot Maras, faith Gnt.pats a :1/R a tad t ofSS&177l p f t.gbald7ghdd oaM•tebg 3.W Awn terontei >•1.n. foe d fru V R e * r4 ENGINEERING 13.0•54-3-. b.adat earm ester OM) farms® lama pail n— s Boundary Survey of sat? Ave Tied d lees earlobe t[ of lx ill, mart 1. Cho:do nt the 1T, d mop at oldah- be vmeid Its yahoo* SL faro 124., hop Caeatda d Mono poo: Tom. ved a potron of Loh Sokloo ar NCO Nowa. ear* T'� pflohoodon Cooney eak d m. mum 9i` ss SCJ11 x.108 ___ MO. IEM alae aa> =may. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 14, 2016 Second Reading Ordinance for the City Council Meeting of June 21, 2016 DATE: TO: May 27, 2016 Margie C. Rose, Acting City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Adoption of the 2015 International Fire Code with local amendments. CAPTION: Ordinance adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; and providing for severance, publication, penalty, and an effective date. PURPOSE: We are proposing to adopt the 2015 International Fire Code with some local amendments. The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises. The main changes to the fire code are as follows: • Some sections in the current Fire Code have been moved to coincide with the 2015 edition of the International Fire Code. • The adoption of Appendix D which establishes minimum road width, turning radius and other requirements for fire apparatus access roads. • Added EXCEPTION 4 to 903.2.6 in Group 1 occupancies which removes the sprinkler requirement for home day cares licensed for more than 6 but no more than 12 children over the age of 2 1/2 years of age that meet other notification and suppression systems noted in the exception. • Removal of EXCEPTION to 906.1 in Group R-2 occupancies System in Chapter 9 "Fire Protection Systems". Which required extinguishers in only certain locations. • Removal of EXCEPTION 3 to 907.2.9.1 Manual Fire Alarm System in Chapter 9 "Fire Protection Systems" which had not required a manual fire alarm in some Educational and Residential Occupancies. • The removal and disposal of opened fireworks will now be restricted to within the city limits. Fire Department officials have been allowed to remove fireworks five thousand (5,000) feet beyond the city limits. This new rule will conform to state law. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This ordinance conforms to Chapter 18 of the Code of Ordinances. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 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 to adopt the 2015 International Fire Code with local amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi; and providing for severance, publication, penalty, and an effective date. WHEREAS, from May 23, 2016 to June 14, 2016 the Ordinance Adopting the International Fire Code, 2015 Edition, with local amendments, as the Fire Code of the City of Corpus Christi was published conspicuously on the City of Corpus Christi website. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Corpus Christi Code of Ordinance, Chapter 18, Section 1 is amended as follows: Sec. 18-1. - Fire prevention code. (a) The International Fire Code, 200-9 2015 Edition, a copy of which, authenticated by the signatures of the mayor and the city secretary, made public record by this section, and on file in the city secretary's office, is hereby adopted verbatim by reference including Appendix D, Fire Apparatus Access Roads, as if fully copied at length in this article as the fire prevention code in chapter 18, article I,_section 18-1 of the City of Corpus Christi Code of Ordinances. (b) Additions, deletions, and changes are made to the International Fire Code, 200-9 2015 Edition, and correlated to the appropriate paragraph numbers in the International Fire Code as follows; (1) Section 101.1 of the International Fire Code is revised to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of City of Corpus Christi, and may be referred to as "this code." (2) Section 101.2.1 of the International Fire Code is revised to read as follows (3) 101.2.1 Appendices. Provisions in the appendices may shall not apply unless specifically adopted. The appendices included in this code and the appendices included in referenced standards are not intended for enforcement unless specifically referenced in the code text or specifically included in this ordinance or necessary to clarify technical issues. Section 103.2 of the International Fire Code is revised to read as follows: 103.2 Fire Prevention Bureau. There is hereby established a division of the Fire Department to be called the Fire Prevention Bureau and the person in charge shall be known as the fire code official and/or fire marshal. 1 {/1) Section 104.5 of the International Fire Code is revised to rqad as follows: (5)4) conducted by a representative of the firc prevention bur u and minor fire code violations are found to exist written notice specifying the defects is to reasonable amount of time must be given to abate the violation. If a violation of the fire prevention code is unabated after written notice and a reasonable amount of time, then the fire official or fire inspector may issue a citation to the business owner or to any person in charge of the premises. However, the following violations are considered to be of a serious nature and citations may be issued immediately without prior written notice. Ii 104.5.2 Nonfunctional or disabled fire alarm system, where required. /i 104.5.4 Overcrowded conditions. 0 --- - -- - 104.5.6 No smoke detectors where required. 104.5.7 No fire extinguisher where required. 104.5.8 Any other condition that in the opinion of the firc inspector, poses imminent danger. Section 104.10.2 is added to this code to read as follows: 104.10.2 Rewards. The mayor is authorized and directed to make public proclamation in the name of the city offering a reward of five hundred dollars ($500.00) for the arrest and conviction in a court of competent and final jurisdiction, of any person found guilty of the crime of arson, as defined in the statutes of the state, within the limits of the city and to have the proclamation printed upon placards eight (8) by twelve (12) inches in size and placed in wooden frames, under glass, and posted in at least 20 public buildings in the city. Section 105.6 is revised to read as follows: Section 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.55. (6) 105.6.19.1 105.6.19.3 105.6.20.1 — 105.6.20.3 are added to this code to read as follows: 105.6.19.1 105.6.20.1 Fumigators and thermal insecticidal foggers may pay an annual permit fee in the amount of three hundred fifty dollars ($350.00). 2 {7) follows: 105.6.19.2 105.6.20.2 Annual permit holders must call at least twenty-four (24) hours before the fumigation is to begin. 105.6.19.3 105.6.20.3 The fire official is to be notified at least twenty-four (24) hours before any building or structure or ship is to be closed in connection with the use of any toxic or flammable fumigant and at the time the building or structure or ship is released for occupancy. kggi Scction 105.6.34 of the International Firc Codc is revised to rcgad as Corpus Christi Building Code. Sections 105.6.47 105.6.53 105.6.49 — 105.6.55 are added to this code to read as follows: 105.6.47 105.6.49 Day care facilities. A permit shall be required to operate a day care facility. 105.6.48 105.6.50 Foster home/group homes. A permit shall be required to operate a foster home or a group home. 105.6.49 105.6.51 High rise life safety systems. No person shall install, enlarge, or extend a high rise life safety system without a permit from the fire code official. 105.6.50 105.6.52 Hospitals and nursing homes. A permit shall be required to operate a hospital or nursing home. 105.6.51 105.6.53 Restaurants. A permit shall be required to operate a restaurant. 105.6.52 105.6.54 Unvented and portable fuel burning heaters. No person shall sell, purchase, or use an unvented portable fuel burning heater within the city limits without a permit. 105.6.53 105.6.55 Commercial vent -a -hood cleaning. An operational permit is required to clean commercial vent -a -hoods, documentation must be provided indicating training from a nationally recognized agency complying with NFPA 96. {-9-){8) Section 105.7.7 105.7.8 of the International Fire Code is revised by adding a new subdivision 4 to this code to read as follows: 105.7.7 105.7.8 Flammable and combustible liquids. A construction permit is required: 3 4. The application for a permit to install an above ground flammable or combustible liquid tank shall be accompanied by the following: 1. Manufacturer's installation requirements. 2. Listing for tank. 3. Site plan showing address and proposed installation location. (40)(9) Sections 105.8-105.10 are added to this code to read as follows: 105.8 Fee Schedule. Applications for permits shall be accompanied by the payment of fees in accordance with the Corpus Christi Fire Prevention Permit Fee Schedule, as follows: Permit Fee Fee Fire/Arson reports $ 0.10 per pago After hours overtime inspections 50.00 per hour (3 -hour minimum) prepaid prior to scheduling inspection Airports, heliports and helistops 100.00 annually Assembly 100.00 annually Automatic sprinklers, standpipes, and fire lines (testing) 100.00 per visit Bars 100.00 annually Churches (one-time fee—no day care facility on premises) 100.00 Combustible fibers (storage and handling) 100.00 annually Commercial Vent -A -Hood cleaning 50.00 annually 100.00 annually Compressed gas 4 1 Cryogenic fluids 100.00 annually Day care facilities (or similar short-term occupancies) Demolition w/ explosives Dry cleaning plants Exhibits/Trade Shows (Special Events) Explosives, Demolition 75.00 annually 250.00 per event 100.00 annually 100.00 per event 250.00 per event Explosives, blasting agents and ammunition storage 150.00 annually Extinguishing systems 100.00 per inspection Fire alarm systems J 75.00 per floor—per test visit Fire alarm systems (required 15,000 square foot zones) 75.00 per zone—per test visit Fireworks display (aerial) 250.00 per display Fireworks display (non -aerial) 150.00 per display Flammable and combustible liquids 100.00 annually Flammable finishes Flame Effects LFoster homes and group homes Fumigation and thermal insecticide fogging Hazardous chemicals High piled combustible stock High rise life safety system (testing before issuance of C. of 0.) 100.00 annually 150.00 per display 75.00 annually 350.00 annually 100.00 annually 100.00 annually 100.00 200.00 per test 5 Hospitals homes 250.00 facility and nursing per 1.20 bed plus per $1.20 per bed + $250.00 flat fee Liquefied natural gas r 100.00 annually Liquefied petroleum gas I 100.00 annually Lumber storage 100.00 annually Mechanical refrigeration 100.00 annually Open burning 500.00 per day Organic coatings 100.00 annually Plans review I 150.00 per review Pressure test (fuel storage tanks and/or product lines) 100.00 per visit Repair garages 100.00 annually Restaurants {facilities that accommodate 100 or 100.00 annually less occupants) Rets (facilities that accemmodatc more 100.00 annually than 100 occupants) Special events permits Exhibits/shows 100.00 I Flame 150.00 effects J Visual inspection I 50.00 100.00 per inspection Special handling fee (less than 24-hours' notice) Tank vehicles for flammable and combustible liquids 100.00 annually 6 Tents and air supported structures 75.00 annually Tire rebuilding plant 100.00 annually Underground/aboveground fuel tanks (installation and removal) 100.00 per inspection Visuals — Fire Alarm/Automatic Sprinkler (Aboveground/Underground) 50.00 per visit Wrecking yard, junkyard or waste handling 100.00 annually Corpus Christi Fire Department Fire Prevention Permit Fee Schedule 105.9 -Applications and fees required for failure to pass inspections. If a site does not meet the standards for iosuance of a permit after the first inspection, or is not cancelled prior to the arrival of the inspector, the applicant must submit a new application and pay a new permit fee before any subsequent inspections will be conducted. 105.10 Burning permits.Burning permits will not be issued unless both (Fire pPrevention and eEnvironmental GControl dDivision approve the material to be burned. (11) (10) Section 108 of the International Fire Code is revised to read as follows: SECTION 108 MODIFICATION OF FIRE PREVENTION CODE 108.1 Appointment. The city manager, the fire chief, and the fire marshal, acting together, shall have the power to modify any provision of the fire prevention code, upon application in writing by the owner or lessee or their duly authorized agents, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. Such modification shall only be applicable upon the unanimous approval of the city manager, fire chief, and the fire marshal in writing. The particulars of such modification when granted or allowed by such unanimous approval shall be entered into the records of the fire marshal and a signed copy be furnished to the applicant. 7 108.2 Appeals. 108.2.1 General. Whenever it is claimed that the provisions of this code do not apply, or when it is claimed that the true intent and meaning of this code or any of the regulations of this code have been misconstrued or incorrectly interpreted, the owner of such building or structure, or the owner's duly authorized agent, may appeal the decision of the fire official to the city manager by filing notice of appeal with the fire chief. Notice of appeal shall be in writing and filed within 15 days after the decision is rendered by the fire official. 108.2.2 Unsafe or Dangerous Building. In case of a building, structure or operation which, in the opinion of the fire official, is unsafe or dangerous, the fire official may, in his or her order, limit the time for such appeal to a shorter period. 108.3 Decisions. 108.3.1 Variances. The city manager, fire chief, and fire marshal, collectively, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case, when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this code or public interest, or when, in its opinion, the interpretation of the fire official should be modified or reversed. 108.3.2 Action. In every case, reach a decision without unreasonable or unnecessary delay. Each decision shall also include the reasons for the decision. If a decision reverses or modified a refusal, order, or disallowance of the fire official, or varies the application of any provision of this code, the fire official shall immediately take action in accordance with such decision. 108.3.3 Decisions Are Final. Every decision of the city manager, fire chief, and fire marshal shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. 108.4 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code. 108.5 Administration. "The code official shall take action in accordance with the decision of the board." 8 (11) Section 109.3.2 of the International Fire Code is amended to add the following sections: 109.3.2 Written Notices and citations. At such time as an inspection is conducted by a representative of the fire prevention bureau and minor fire code violations are found to exist written notice specifying the defects is to be given to the business owner or any person in charge of the premises. A reasonable amount of time shall be given to abate the violation. If a violation of the fire prevention code is unabated after written notice and a reasonable amount of time, then the fire official or fire inspector may issue a citation to the business owner or to any person in charge of the premises. However, the following violations are considered to be of a serious nature and citations may be issued immediately without prior written notice. 109.3.2.1 Locked or blocked exits in assembly or educational occupancies. 109.3.2.2 Nonfunctional or disabled fire alarm system. 109.3.2.3 Closed valves to sprinkler system. 109.3.2.4 Overcrowded conditions. 109.3.2.5 Illegal burning. 109.3.2.6 No smoke detectors where required. 109.3.2.7 No fire extinguisher where required. 109.3.2.8 Any other condition that in the opinion of the fire inspector, poses imminent danger. (12) Section 109.3.2 of the International Fire Code is renumbered as: Section 109.3.3 Compliance with orders and notices. (13) Section 109.3.3 of the International Fire Code is renumbered as: Section 109.3.4 Prosecution of violations. (14) Section 109.3.4 of the International Fire Code is renumbered as: Section 109.3.5 Unauthorized tampering. {12) (15) Section 109.3 109.4 of the International Fire Code is revised to read as follows: 9 109.3 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor punishable by a fine of not less than fifty ($50) dollars and not more than two thousand ($2,000) dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense. {x}(16) Section 110.1 of the International Fire Code is revised to read as follows: 110.1 General. All buildings or structures which do not provide adequate egress, which constitute a fire hazard, or are otherwise dangerous to human life, or which, in relation to existing use, constitute a hazard to safety or health are considered unsafe buildings. All such unsafe buildings are hereby declared illegal, and the fire official shall refer the building to the Zoning and Code Enforcement Administrator for abatement by repair and rehabilitation or by demolition. 44) (17) Section 111.4 of the International Fire Code is revised to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than fifty ($50.00) dollars or more than two thousand ($2,000) dollars. 45-) (18) Section 202 of the International Fire Code is revised by adding definitions for the terms "condominium" and "dwelling, multiple unit" and by adding the word "condominium" to the R-2 occupancy classification in this code, to read as follows: Condominium. A single -dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property. Dwelling, multiple unit. A building or portion thereof designed for occupancy by three or more families living independently in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent. 10 *** Occupancy classification. For the purposes of this code, certain occupancies are defined as follows: R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including: Apartment houses Boarding houses (not transient) Condominiums Congregate living Convents Dormitories Fraternities and sororities Hotels (non transient) Live/Work units Monasteries Motels (non transient) Vacation timeshare properties (-1-0) (19) Section 308.1.4 of the International Fire Code is revised to read as follows: 308.1.4 Open -flame cooking devices. No person shall install or operate a stove, oven, or barbecue pit, whether portable, temporary or permanent, on the premises of multi -family dwellings, apartments, condominiums, attached single family or hotels, or commercial businesses when such stove, oven or barbecue pit is located less than ten (10) feet from any portion of a combustible building, including but not limited to decks, arches, balconies, walls or verandas. This section does not apply to one -family and two- family dwellings or to a stove, oven or barbecue pit installed inside multi -family dwellings, apartments, condominiums, attached single family or hotels in accordance with the city building codes. (17) (20) Sections 308.1.8 and 308.1.8.1 of the International Fire Code are revised to read as follows: 308.1.8 Flaming food and beverage preparation. The preparation or serving of flaming beverages is prohibited. The preparation of flaming foods in places of assembly and drinking or dining establishments shall be in accordance with Sections 308.1.8.1 through 308.1.8.5. 308.1.8.1 Dispcnsing.Flammablc or combustible liquids uccd in the preparation of flaming foods shall be dispensed from one of the fel-1494-w 11 1. A 1 ounce (29.6m1) container; or 2. A container not exceeding 1 quart (9'16.5m1) capacity with a controlled pouring device that will limit the flow to a 1 ounce (29.6m1) serving. *** {l-8-) (21) Sections 318 and 319 319 and 320 are added to this code to read as follows: SECTION 81-8 319 CONVALESCENT HOMES, HOMES FOR THE AGED, AND NURSERIES 318.1 319.1 Heating. Buildings occupied for the purposes of convalescent homes, homes for the aged, and nurseries shall have central heating plants with installation so as to safeguard the inherent fire hazard. 318.2 319.2 Portable heaters. The use of portable heaters of any kind is prohibited. 318.3 319.3 Lighting. Lighting shall be restricted to electricity. SECTION 31--9 320 COMMERCIAL LAUNDRIES 0-9-) (22) follows: 319.1 320.1 Vents and lint collectors. Vents and lint collectors shall be installed and maintained so that lint does not accumulate in the chase or area behind the dryers or the roof of the building. Section 503.1.1 of the International Fire Code is revised to read as 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall allow access to three (3) sides of buildings in excess of fifteen thousand (15,000) square feet and all sides for buildings in excess of thirty thousand (30,000) square feet. During construction, when combustibles are brought on to the site in such quantities as deemed hazardous by the fire official, access roads and a suitable temporary supply of water acceptable to the fire department shall be provided and maintained. Exception: When conditions prevent the installation of an approved fire apparatus access road, the code official may permit the installation of a fire -protection system or systems in lieu of a road, 12 provided the system or systems are not otherwise required by this or any other code. ((20-} (23) Section 503.3 of the International Fire Code is revised to read as follows: 503.3 Marking. Where required by the fire code official, approved signs or other approved notices that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire department access roadways designated by the code official in accordance with the Fire Prevention Code shall be marked by the property owner along the perimeter with conspicuous signs which have the words, "Fire Lane - No Parking" in red four -inch high letters on a white background at fifty -foot intervals. Signs shall be a minimum of five (5) feet above the ground to the bottom of the sign and a maximum of eight (8) feet above the ground to the top of sign. In lieu of signs, fire lanes may also be marked along curbing with the wording, Fire Lane - No Parking in white four -inch high letters on a red background stripe at fifteen -foot intervals. Exception: Universal "No Parking" signs may be used in lieu of the above. (21) (24) Section 503.4.1 503.4.2 is added to this code to read as follows: 503.4.1 503.4.2 Authority for removal. The owner of premises at or upon which a fire lane is required, or the agent of the owner, may have any vehicle that is parked in the fire lane, except an authorized emergency vehicle, removed and stored at the expense of the owner or operator of the vehicle, and subject to removal by the fire official, his or her designated assistants, or a police officer. (22) (25) Section 507.5.1 of the International Fire Code is revised to read as follows: 507.5.1 Where required. All premises, other than one -family and two-family detached dwellings, where buildings or portions of buildings are located more than one hundred fifty (150) feet from a fire hydrant shall be provided with approved on-site fire hydrants and water mains capable of supplying the fire flow required by the fire code official. The location and number of on-site hydrants shall be as designated by the fire code official, with the minimum arrangement being so as to have a hydrant available for distribution of hose to any portion of any building on the premises at distances not exceeding three hundred (300) feet but in no case shall hose 13 lengths be greater than three hundred (300) feet. Public hydrants are recognized as meeting all or part of the above requirements. Exceptions: 1. For Group R-3, the distance requirement shall be 600 feet (183 r 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 500 feet (152.4 rr {23) Section 507.5.7 is added to this code to read as follows: 507.5.7 No parking n ar hydrant. No automobile, truck, or other vehicle shall be parked closer than fifteen (15) feet to any fire hydrant. (24-) (26) Section 603.10 is added to this code to read as follows: 603.10 Portable Liquid Fuel Burning Heaters. The sale or use of any type of portable liquid fuel burning heater is prohibited. Construction sites and commercial sites, where flammable or combustible vapors are not present are exempt from this requirement with approval of the fire code official. A permit shall be required for the use of portable liquid fuel burning heaters. The sale or use of unvented fuel heaters at construction sites and commercial sites is prohibited, except that unvented portable liquid fuel burning heaters having the following safeguards may be approved for use: 1. Automatic means of shutting off fuel when heater is upset. 2. Adequate guards to protect persons against contact with flame or combustion chamber. 3. Listed by nationally recognized testing agency (E) Section 903.2.6 of the International Fire Code is amended by adding the following exception: 4. An automatic sprinkler system is not required in a residential home day care licensed for more than six (6) but no more than 12 children over the aqe of 2-1/2 years of age that have the following: i. Hard wired (120 volt) interconnected smoke alarms installed in all rooms except bathrooms, closets, etc.; ii. a heat detector in the kitchen that is interconnected with the smoke alarms; and iii. a residential range hood fire extinguishing system 14 (28) Section 906.1 of the International Fire Code is revised by deleting the Exception to 906.1 {25) (29) follows: Section 907.1.1 of the International Fire Code is revised to read as 907.1.1 Construction documents. 1. Construction documents for fire alarm systems shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code, the International Building Code, and relevant laws, ordinances, rules and regulations, as determined by the fire code official. 2. Construction documents for fire alarm systems shall be submitted for review and approval prior to system installation. 3. Two (2) complete sets of plans shall be provided to the fire prevention bureau. 4. These plans shall bear the signature and license number of the licensed fire alarm planning superintendent, the date of proposed installation and the name, address, and certificate -of -registration number of the registered firm. 5. Any plans not drawn or submitted by a licensed planning superintendent will not be accepted. (26) (30) Section 907.2.3 of the International Fire Code is revised to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. Smoke alarms shall be installed in all educational occupancies including but not limited to day care centers, elementary and secondary schools, and all portable buildings. These devices shall be installed in accordance with the rules for "partial smoke detection systems", except day care centers which will require additional protection in every room in which children sleep. Smoke alarms shall be listed and meet the installation requirements of NFPA 72. Exceptions: 1. Emergency voice/alarm communication systems meeting the requirements of Section 907.5.2.2 and installed in accordance with Section 907.6 shall not be required in Group E occupancies with occupant loads of 100 or less, provided that activation of the manual fire alarm system initiates an approved occupant notification signal in accordance with Section 907.5. 15 2. Manual fire alarm boxes are not required in Group E occupancies where all of the following apply: 3.1 Interior corridors are protected by smoke detectors. 3.2 Auditoriums, cafeterias, gymnasiums and similar areas are protected by heat detectors or other approved detection devices. 3.3 Shops and laboratories involving dusts or vapors are protected by heat detectors or other approved detection devices. 4. Manual fire alarm boxes shall not be required in Group E occupancies where all of the following apply: 4.1. The building is equipped throughout with an approved automatic system installed in accordance with Section 903.3.1.1. 4.2 The emergency voice/alarm communication system will activate on sprinkler water flow. 4.3 Manual activation is provided from a normally occupied location. 5. Smoke detection meeting the rules for "partial detection systems" shall not be required in educational occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1. (31) Section 907.2.9.1 of the International Fire Code is revised by deleting Exception 3. {27) (32) Section 907.2.24 is added to this code to read as follows: 907.2.24 Cooking operations. In the event the building has a fire protective signaling system, the fire suppression system for cooking operations shall be connected to the fire protective signaling system. (28-) (33 ) Section 912.2.3 is added to this code to read as follows: 912.2.3 Proximity to hydrant. Fire department connections from each sprinkler or standpipe shall be located not more than 100 feet (30 mm) from the nearest fire hydrant connected to an approved water supply. 16 {-2-9-) (34) Section 2206.2.3 2306.2.3 of the International Fire Code is revised and amended by adding a new subdivision 5 to this code to read as follows: 2206.2.3 Above -ground tanks located outside, above -grade. {-30) (35) IIIA liquids are allowed to be protected above ground tanks or, when approved by the fire code official, other above ground tanks that comply with_Chapter 34. Tank locations shall be in accordance heavy industrial zoning districts. 2. Above -ground tanks used for outside above -grade storage of Class II or IIIA liquids shall be listed and labeled as protected above -ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3, but may only be located within a light or heavy industrial zoning district. 3. Tanks containing fuels may not exceed 10,000 gallons in individual capacity or 30,000 gallons in aggregate capacity. Installations with the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet (30 480 mm). 5 6. Above -ground tanks storing Class I, 11, or IIIA liquids shall be inspected annually by a company holding a Type A license issued by the Texas Commission on Environmental Quality. Any tank found to be damaged or not installed in accordance with its listing or this code shall be immediately reported to the fire code official. Section30 ,2 4 5601.2.4 of the International Fire Code is revised to read as follows: 3304,2,4 5601.2.4 Financial responsibility. Before a permit is issued, as required by Section 3301.2 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in an amount deemed adequate by the fire code official or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. 17 (31) (36) Section 3308.5 5608.5 of the International Fire Code is revised to read as follows: 3308.5 5608.5 Storage of fireworks at display site. The storage of fireworks at the display site shall comply with the requirements of this section and NFPA 1123 or NFPA 1126 and shall be approved by the fire code official. At no time shall the amount of explosive compound exceed the amount necessary for one (1) show date consumption. {32) (37) Section 3310 5610 is added to this code to read as follows: SECTION 3310 5610 INDOOR FIRE WORKS SPECIAL EFFECTS 3310.1 5610.1 Indoor Permit 3310.1.1 5610.1.1 No person shall discharge any fireworks inside any building without a permit. Such permit shall describe the explosive compounds to be used and the amount per show. 3310.1.2 5610.1.2 Prior to the issuance of a permit for indoor fireworks, the operator shall file an application with the fire official, stating the operator's qualifications and other information as deemed necessary by the fire official to certify that the operator for which application has been made is capable of safely discharging such fireworks as described to the satisfaction of the fire official. 3310.1.3 5610.1.3 No permit once issued may be transferred to another location nor another operator. Any change in the information listed on the permit will require a new permit. Any time the circumstances for which the permit was issued change, the permit is void. 348,1 4 5610.1.4 No permit shall be issued until the show setup is approved by the fire official or his or her designee prior to the first show. 3310.1.5 5610.1.5 No permit shall be issued unless the building listed as the location of the display has had a current fire inspection and is in compliance with this code. 3310.2 5610.2 Location and Amount 3310.2.1 5610.2.1 The location of the fireworks display shall be specified as to street address, building designation and exact area within the building to allow the fire official to determine that the proposed display can safely be discharged as approved. 18 3310.2.2 5610.2.2 At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one (1) show date consumption. 3310.2.3 5610.2.3 The pyrotechnic operator shall be licensed by the State of Texas as required by the Fireworks Rules of the State of Texas. 3310.2.4 5610.2.4 A public display permit shall also be obtained as required by the Fireworks Rules of the State of Texas. (33) (38) Section 3311 5611 is added to this code to read as follows: SECTION 3311 5611 CONSUMER FIREWORKS 3311.1 5611.1 Restricted Use. A person commits an offense if the person manufactures, assembles, stores, transports, receives, keeps, sells, offers, or has in his possession with intent to sell, delivery to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or have in his possession or on his person or under his control any consumer fireworks or any description except as herein provided. The fire official shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the fire official, and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person 3311.2 5611.1 Removal and Disposal. The presence of any consumer fireworks within the city or within five thousand (5,000) feet of the city limit:, except fireworks for a public display authorized by the Fire Official, is declared to be a common and public nuisance and detrimental to the public health, safety and general welfare and constitutes a violation of this Code. The fire official is directed and required to may seize and cause to be safely destroyed any opened package of consumer fireworks found within the city or in violation of the other provisions of this fire prevention code. Any member of the fire department of the city or any police officer is empowered to seize any opened package of fireworks found within the city or within five thousand (5,000) feet of the city limits in violation of this article and cause the consumer fireworks to be safely destroyed. Unopened packaged fireworks may not be confiscated. 19 It is an affirmative defense to prosecution for possession of fireworks brought under this section that: (1) the defendant was operating or was a passenger in a motor vehicle that was being operated in a public place; and (2) the fireworks were not in the passenger area of the vehicle. (c) For purposes of this section, the "passenger area" of a motor vehicle means the area of the vehicle designed for the seating of the operator and the passengers of the vehicle. The term does not include: (1) a locked glove compartment or similar locked storage area; (2) the trunk of a vehicle; or (3) the area behind the last upright seat of a vehicle that does not have a trunk. 3311.3 5611.3 Definition. Consumer fireworks means and includes any combustible or explosive composition, or any substance or combination of substances, or device prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, pop pops (such as: pop tops, pow- wow, fun snaps, or similar explosive devices which can be projected, tossed, thrown, or dropped), skyrockets, roman candles, daygo bombs, sparklers, or other devices of like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing an explosive substance that are not fireworks approved for use at an approved fireworks display under Section 3308, except that the term "consumer fireworks" shall not include any auto flares, paper caps which contain twenty- five hundredths (0.25) of a grain of explosive content or less per cap and are used with toy pistols, toy canes, toy guns, model rocket propulsion motors, or other similar devices, the sale and use of which shall be permitted at all times. 3311.4 5611.4 Applicability. The provisions of this section apply to all of the area within the city and to all of that arca adjaccnt to the city and within five thousand (5,000) feet of the city limits; provided, however, that no change in the city limits occurring after August 4, 1976, shall affect an expansion of the area in which this chapter applies until the 120th day following the effective date of such change in the city limits. 20 3311.5 5611.5 Duties of City Attorney. Notwithstanding any penal provisions of this article, the City Attorney is authorized to file suit on behalf of the city or the fire marshal or both, for injunctive relief as may be necessary to prevent unlawful storage, transportation, keeping or use of consumer fireworks within the city and to aid the fire marshal in the discharge of his duties and to prevent any person from interfering with the seizure and destruction of such consumer fireworks, but it shall not be necessary to obtain any such injunctive relief as a prerequisite to such seizure or destruction. 3311.6 5611.6 Defense in prosecution. In any prosecution for any violation of this chapter, it shall not be necessary for the prosecution to negate any proviso exception, but the same may be raised by the defendant by way of defense. The possession of a permit from the fire official shall constitute a defense to the persons named in such permit or in place of the persons named in such permit. 3311.7 5611.7 Penalty. A person commits an offense if the person manufactures, assembles, stores, transports receives, keeps, sells, offers, or has in his possession with intent to sell, deliver to any person or place, use, discharge, cause to be discharged, ignite, detonate, fire or otherwise set in action or has in his possession or on his person or under his control any consumer fireworks of any description except as herein provided. Any person, upon conviction of an offense for violation of any provision of this chapter, shall be fined not more than two thousand dollars ($2,000.00). If any consumer fireworks are separately wrapped or packaged, any act required by this chapter involving each separately wrapped or packaged consumer fireworks constitutes a separate offense. Each day that a violation of this chapter shall continue with respect to any package of consumer fireworks shall constitute a separate offense. {34) Section 3405.3.3 of the Intcrnational Firc Codc is revised to rgad as follows: cooking appliances which utilize Class I liquids may not be operated within a building or structure. () (39) Section 3801.1 6101.1 of the International Fire Code is revised to read as follows: 3801.1 6101.1 Scope. Storage, handling and transportation of LP - gas and the installation of LP -gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 58. 21 Properties of LP -gases shall be determined in accordance with Appendix B of NFPA 58. The transportation, storage, handling and use of liquefied petroleum gas and the installation and maintenance of all pertinent equipment is subject to the approval of the fire official. 06-) (40) Section 3803.1 6103.1 of the International Fire Code is revised to read as follows: 3803.1 6103.1 General. Liquefied petroleum gas equipment shall be installed in accordance with the International Fuel Gas Code and NFPA_58, except as otherwise provided in this chapter or in other laws or regulations legally in effect. 3803.1.1 6104.1 Within the limits of the City of Corpus Christi no storage container shall be installed, erected or used for a capacity to hold more than one hundred fifty (150) water gallons, except as follows: 3803.1.1.1 6104.1.1.1 Installations accessory to service stations as permitted by the zoning ordinance, when the aggregate capacity of any one (1) installation does not exceed two thousand (2,000) gallons of water capacity. 3803.1.1.2 6104.3.1.1.2 Installations accessory to industrial uses permitted in areas zoned industrial, when the aggregate capacity of any one such installation does not exceed two thousand (2,000) gallons of water capacity, except that in particular installations this capacity limit may be altered at the discretion of the Fire Official to increase the maximum allowable capacity to not more than eight thousand (8,000) gallons of water capacity after consideration of special features such as topographical conditions, nature of occupancy and proximity of buildings, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department. 3803.1.1.3 6104.1.1.3 Installations in a heavy industry zoning district. 3803.1.1.4 6104.1.1.4 The restrictions in Section 3803.1.1 do not apply to containers used for transportation purposes. 3803.1.1.5 6104.1.1.5 Containers larger than one hundred fifty (150) water gallons capacity may be authorized and installed only after applicant has first obtained and presented to the Fire Official a written approval of such installation of the Director, Liquefied Petroleum Gas Division, Railroad Commission of Texas. 22 {37) Section 3804.4 of the International Fire Code is revised to read as follows: 3804.4 Multiple container installation. Multiple container installations in a than 180,000 gallons (681 300 L) [150,000 gallon (567 750 L) LP gas 180,000 gallons (681 300 L) in each group. No individual container may cxcccd thirty thousand (30,000) gallons water capacity. Such groups shall be separated by a distance of not less than 50 feet (15 240 mm), unless the containers are protected in accordance with all of the following one (1) through four (4) or five (5): (41) Sections D103.6, D103.6.1, & D103.6.2 of the International Fire Code are deleted in its entirety. (c) Appendices: Appendix A, Board of Appeals; Appendix B, Fire Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; the International Fire Code are solely for the purpose of providing information, effect of law. (d) (c) Violation of this code: Any person, firm, or corporation who violates a provision of this code is guilty of a misdemeanor and is liable to a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00). Each person, firm, or corporation is guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued. The owner or owners of any building or structure failing to comply with any of the provisions of this code, and the owner or owners of any premises where a violation of the provisions of this code occurs, and any architect, engineer, designer, builder, contractor, agent, person, firm, or corporation employed therewith and who has assisted in the commission of any such violation, is guilty of a separate offense. Section 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 18-1(c) of the Corpus Christi Code of Ordinances. Section 3. 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 this purpose. 23 Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 5. This ordinance takes effect September 1, 2016. 24 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 Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 25 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 14, 2016 Second Reading Item for the City Council Meeting of June 21, 2016 DATE: TO: May 15, 2016 Margie C. Rose, Acting City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Naming property at Coves of Lago Vista subdivision Barclay Park CAPTION: Ordinance naming the park located at Coves of Lago Vista subdivision as Barclay Park. PURPOSE: Name park property in the Coves of Lago Vista subdivision Barclay Park. BACKGROUND AND FINDINGS: In December 2007, Corpus Christi Land Ventures dedicated an approximately.80 acre park located at Coves at Lago Vista subdivision, located at or near 5718 Lago Vista Drive. In addition, the developer paid approximately $39,000 in park development fees. Due to an administrative error the park was not added to the department's inventory; the department did not develop nor maintain the park and development fees have been used at Oso Creek Park per the master plan. The property will, however, serve as a good neighborhood access point for future recreational trails planned for the Oso Creek Greenbelt area. The Coves at King Estates Homeowners Association (CKHOA), has maintained the property since its dedication. Last summer, members of CKHOA approached the department about developing the park including a playground, fencing and other amenities totaling more than $51,000. However, at .80 acre the property would be categorized as a niche/pocket park and development options are limited to shade trees, sidewalks and benches according to the 2012 Park and Open Space Master Plan. This was less than the CKHOA anticipated and requested a variance to the development standard. In order to develop the property, the department negotiated the following agreement: • Parks and Recreation will allocate $12,000 in park development funds for the development of the park amenities. • CKHOA will pay for the balance of the development cost of the park improvements. • CKHOA can use the Parks Arts Leisure and Seniors (PALS), 501(c)3, account for donations collected for the balance of the development costs. • CKHOA will commit to continue maintenance requirements for the park. • The park will remain a public park — available to everyone. • An area for a future trailhead will be reserved in the park. The Parks & Recreation Department Policy and Procedure for Naming or Renaming Parks & Recreation Facilities list the following procedure for Naming of New Parks and/or Facilities: • Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council. • The Director or designee may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. As this property has never been formally listed in the Parks & Recreation Department's inventory, it will be treated as a new park and subject to the second portion of the policy for new parks and facilities. The policy subsequently lists criteria for naming parks including: • Facilities may be named after streets, geographical locations, historical figures, events, concepts, or local, state or national leaders. Facilities may also be named for an individual or group where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a facility or to the City in general have been made by the nominated individual or group. • Facilities shall not be named after or in honor of an individual, unless such individual has been deceased at least one year. • Donation of at least 51 percent of the value of a facility is required. • Names related to religious denominations will generally not be favorably considered. • A name which has an obscene connotation or demeans, intimidates or maliciously portrays any racial or ethnic group will not be considered. • When a facility is named for an individual, this action in no way gives the individual or family members naming rights over other features on the property. Features within the facility or on the property will remain eligible for naming without the consent of the individual or family members for which the property is currently named. • The Council may choose to waive any or all provisions herein provided for eligible facilities in commemorating or memorializing an individual, group or event. • Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. Dr. Dan Martin and his family have donated 58% of the cost of the development of the park (including the cost of the park sign) that is estimated to be completed in July 2016. Dr. Martin has requested the park be named Barclay Park to posthumously honor his wife's grandparents and their life-long commitment to public service. This request meets the criteria established in the policy. On May 12, 2016, the Parks and Recreation Advisory Committee voted to approve the department's request to support the naming of the park as Barclay Park. ALTERNATIVES: Do not approve Barclay Park as official name of the property. Following previous practices, the park would be named Coves at Lago Vista Park or Lago Vista Park. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve park naming. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Finance FINANCIAL IMPACT: ❑ Operating ❑Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the naming of Barclay Park. LIST OF SUPPORTING DOCUMENTS: Ordinance Policy and Procedure for naming parks Maps of Park Page 1 of 2 Ordinance naming the park located at Coves of Lago Vista subdivision as Barclay Park WHEREAS, in 2007, Corpus Christi Land Ventures dedicated an approximately 0.81 acre park area located at or near 5718 Lago Vista Drive in the Coves of Lago Vista subdivision; WHEREAS, on April 11, 2016, the City received a request from Dr. Dan Martin to name this park as Barclay Park to posthumously honor his wife's grandparents and their life- long commitment to public service, WHEREAS, the Martin family has donated 58% of the cost of the development of the park improvements including signage which are estimated to be completed in July 2016 WHEREAS, the Parks & Recreation Advisory Committee ("PRAC") considered this request at their May 12, 2016 meeting at which time they voted to approve the request to support the naming of this park as Barclay Park WHEREAS, City Council Policy 6A provides that upon donation of at least 51% of the value of park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not been specifically named in honor of a person, group or event; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The park located at or near 5718 Lago Vista Drive is hereby named Barclay Park. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Brian Rosas Lucy Rubio Michael Hunter Chad Magill Colleen McIntyre Mark Scott Carolyn Vaughn Page 2 of 2 PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT PARKS AND RECREATION DEPARTMENT POLICY/PROCEDURE NUMBER Rec-95-12 SUBJECT: Criteria for Naming or Renaming Parks and Recreation Facilities APPLICABLE TO: All Parks and Recreation Facilities administered by the City of Corpus Christi EFFECTIVE DATE: August 30, 2011 I. PURPOSE To establish the format and criteria for naming or renaming parks and recreation facilities (Facilities) which are under the jurisdiction of the Parks and Recreation Department (Department) and are consistent with City Resolution 021901. II. SCOPE This policy applies to facilities situated on City owned or administered property. It is understood that due to the diversity of City operations, varying factors may apply to specific facilities. 1) Naming of New Parks and/or Facilities Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council The Director or designee may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. 2) Renaming or Name Changes for Parks and/or Facilities Renaming or name changes shall be done in accordance with the remainder of this policy. Only the following facilities are eligible to be considered for name changes: (1) park, or park facility or amenity which is not already named in honor of a person, group, or event; and (2) park, or park facility or amenity which was named for the subdivision in which it is located. The renaming of a park, or park facility or amenity which is already named in honor of a person, group, or event is not permitted. IV. OBJECTIVES 1) Ensure that parks and recreation facilities are easily identified and located; 2) Ensure that given names to parks and recreation facilities are consistent with the values and character of the area or neighborhood served; 3) Encourage public participation in the naming and renaming of parks and recreation facilities; 4) Encourage the dedication of lands, facilities or donations by individuals and/or groups; and 5) Encourage the establishment of a trust for improvements of existing parks, maintenance of parks, and preservation of open space. DEFINITIONS 1) Parks and recreation facilities includes all property assets under the City's ownership and control including buildings, structures, open spaces, public parks, natural areas, wetlands, environmental habitat and land. 2) Parks: a Pocket parks: 0.15 — 3.0 acres; b. Neighborhood parks: 3 -10 acres; c. Community parks: 10 — 30 acres; and d. Large community parks totaling 30 acres or more. Vi. CRITERIA 1) Facilities may be named after streets, geographical locations, historical figures, events, concepts, or local, state or national leaders. Facilities may also be named for an individual or group where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a facility or to the City in general have been made by the nominated individual or group. 2) Facilities shall not be named after or in honor of an individual, unless such individual has been deceased at least one year. 3) Donation of at least 51 percent of the value of a facility is required. 4) Names related to religious denominations will generally not be favorably considered. 5) A name which has an obscene connotation or demeans, intimidates or maliciously portrays any racial or ethnic group will not be considered. 6) When a facility is named for an individual, this action in no way gives the individual or family members naming rights over other features on the property. Features within the facility or on the property will remain eligible for naming without the consent of the individual or family members for which the property is currently named. 7) The Council may choose to waive any or all provisions herein provided for eligible facilities in commemorating or memorializing an individual, group or event. 8) Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. VII. NAMING PROCEDURE Where the naming of a park or park facility is proposed, the following steps shall be taken; as per city Resolution and this policy/procedure: 1. Persons, groups, or organizations proposing naming or renaming of facilities shall complete a Naming Facilities Form and submit the request to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. The Naming Facilities Form shall include at minimum: a. Reasons for the proposed change; b. Biographical data; c. Description of the person's involvement in the community or toward the development, maintenance and/or operation of a park or facility. d. Community support for the proposed name change; e. Signatures. The number of signatures required are as follows. Signatures must include the name, age (must be 18 or older, address, zip code and telephone number of each signer as proof of residency). i. Pocket parks from 0.15 — 3.0 acres and neighborhood parks from 3 — 10 acres require 50 signatures with zip codes within a half (1/2) mile radius of the park;' ii. Community parks from 10 — 30 acres require 250 signatures with zip codes within a one (1) mile radius of the park; iii. Regional parks of 10-25 acres require 750 signatures with zip codes within the city limits; iv. Regional parks of 25-50 acres require 1000 signatures with zip codes within the city limits; v. Regional parks of 50-75 acres require 1500 signatures with zip codes within the city limits; vi. Regional parks over 75 acres require 2000 signatures with zip codes within the city limits. f. The Naming Facilities Form shall be accompanied by a letter of consent from the next of kin or trustee of the estate for the deceased. 2. Upon receipt of a completed Naming Facilities Form, the Department will: a. send a letter to the requestor confirming receipt of request; and b. complete a Research Report consisting of: i. research of the current facility name and any previous naming attempts; ii. historical data (for example: property area, facility, etc.), iii. plat description and map of the facility iv. title information, and v. donation information, including any previous or planned donations, if applicable c. The Department will make every effort to have the Research Report completed within sixty (60) days. If the Research Report is not completed within sixty (60) days, the Department will report to the Park and Recreation Advisory Committee why additional time is needed. 3. The Department shall provide the Naming Facilities Report and Research Report to the Committee for review one week prior to the next Committee meeting. If the information provided does not meet the policy/procedure requirements, the matter will be referred back to the nominator stating the reason for the rejection. If the Committee needs further information, it may request the Department gather additional information. If the information provided meets the policy/procedure requirements, the matter will be given to the Department to complete the citizen engagement process: a. publish legal notice twice in a newspaper of general circulation giving notice of the proposed name change; b. post a sign at the facility noting that a name change request is being considered along with the Department telephone number at the facility; c. distribute fliers noting the proposed name change to the neighbors in the immediate vicinity; d. provide a Public Announcement through the City's Public Information Office when addressing a request involving a park of Community, or Regional size; e. Post notice of the proposed name change on the City's website; f. Notify the City Council of the proposed name change; and g. complete a due diligence report and provide it to the Committee no later than the first meeting after the 60 -day waiting period. 4. The Parks and Recreation Advisory Committee will not consider the proposed name change until 60 days after the first legal notice has been published in the newspaper (60 -day waiting period). Written comments received by the Department are to be submitted to the Committee. Persons wanting to make public comment on a proposed name change should appear and give public comment when the issue is placed on the agenda of the Parks and Recreation Advisory Committee. If during the 60 -day waiting period other Naming Facilities Forms are received concerning the same park property, additional name(s) will not be considered by the Parks and Recreation Advisory Committee until such time as the Committee has taken action on the proposed name change. 5. At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: a. Approve the request; b, Reject the request; or c. Table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity may appeal the rejection to the City Council by filing written notice of appeal with the City Secretary within thirty (30) days from the Committee's decision. if the Committee rejects a naming request and it is not timely appealed to City Council, or if the naming request is rejected by the Committee and it is appealed to City Council and the naming request is rejected, any Naming Facilities Form requesting the same name for the same facility will not be considered for a period of six years after the date of the rejection. 6. The City Council shall consider the request and either approve or reject the request. The City Council, at its option, can waive any or all provisions herein provided in commemorating or memorializing an individual, group or event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with naming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name. Additionally, the cost associated with new park signage, whether single sign or multiple signs, shall be borne by the entity proposing the name change. (The proposing entity shall request a current signage estimate from the Parks & Recreation Director.) Director Parks and Recreation Department ADOPTED: December 6, 1995 REVISED: September 11, 2002 REVISED. February 8, 2006 REVISED: February 10, 2010 REVISED: September 30, 2011 REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Current name and type of area or facility (park, building, pool, etc.) Coves of Lago Vista Park 2. Location: 5718 Lago Vista Dr. Corpus Christi, TX 78414 3. Suggested Name (a person for which a park and recreation facility is being named must be deceased) Mildred and William A Barclay Park 4. Biographical data: Length of time in City Spent their life in Silsbee, TX Summary of employment history _Mr. Barclay was President of Silsbee State Bank After retirement, he served as Municipal Court Judge (Assistant Judge 1990-1992) Military record, if any World War II Veteran Criminal background check 5. Please state the reason for the proposed change: My wife and I are planning to donate >51 % of the cost of the development of the park, and would like to honor my wife's grandparents by naming the park after them. 6. Please state the person's involvement in the community or toward the development, maintenance and/or operation of a park and recreation facility. This should include dates and awards received, if any. Mildred Barclay lived her whole life in Silsbee, TX where she was very active in United Methodist Women and the Silsbee Christian Care Center. Here is an excerpt from her Obituary: "A native and lifelong resident of Silsbee, Mildred was a loving wife, mother, grandmother and great- grandmother. She was a long time member of the First United Methodist Church and was active in the Silsbee Woman's Club and the Literary Club. Mrs. Barclay served as a district officer for the United Methodist Women and numerous volunteer positions in the past." Her obituary and condolences can be accessed via web: httb://www.timeformemorv.com/fh obituarv.cfm?obitid=33329&fhid=375 William Barclay lived his whole life in Silsbee, TX where, after serving his country in World War 11, returned home and started working at the community bank. Over years he worked his way to a pillar of the community, becoming the bank president and retiring with this title. He was also involved in the Kiwanis (as seen in the picture below), Lions Club, Boy Scouts and United Methodist church. In his retirement, he further helped Silsbee as an associate City Judge. Some of his community activities and awards include NABAC Texas -Louisiana Chapter President 1966-67 ("The National Association for Bank Audit, Control and Operation") Silsbee Chamber of Commerce President 1970-71 Silsbee Chamber of Commerce Citizen of the Year 1989 Kiwanis —Silsbee Club President 2000-2001 Kiwanian of the Year — Kiwanis Club of Silsbee 2002 Kiwanis International Lieutenant Governor, Division 10 2004-2005 Mentor for Silsbee Independent School District Municipal Court Judge (Assistant Judge 1990-1992) Here is an excerpt from his Obituary: "A native of Call, Bill was a lifelong resident of Silsbee. He retired after many years from Silsbee State Bank as president. Mr. Barclay was a member of and active in several civic organizations. He proudly served his country in the US Army during WWII." His obituary and condolences can be accessed via web: http://www.timeformemory.comffh_obituary.cfm?obitid=37660&fhid=375 7. A short essay, by other than a family member as to the reason the facility renaming: In order for the community to have access to playground equipment, the cost of a playground will be >$50K total. To date we have raised approximately $21 K of the needed $50K. The HOA has agreed to continue maintenance of the park grounds and equipment; however, we have not been able to raise adequate funds as of this date. Due to this, we have chosen honor my wife's grandparents, who taught us by example the importance of community giving, and provide the remaining funds to make the park a reality. 8. Provide documentation of community support for the proposed name change. Name change request due to funding. 9. Provide your plan for future maintenance of the park. We as the HOA have promised for future maintenance of the park as signed in the MOA. 10.Attach the following to this application: • Picture of person for which facilities name change is being suggested. • Release of information and release of photo signed by the immediate family. • Agreement signed by the family for costs pertaining to park renaming if approved by City Council. • Application deposit to be subtracted from total. If application is denied, the deposit will be returned within 10 working days after expenses of process deducted. • Number of signatures required according to Park and Recreation Department Policy/Procedure Number ??? • Neighborhood and pocket parks require 50 signatures with zip codes within a half (1/2) mile radius of the park;' • Community parks require 250 signatures with zip codes within a one (1) mile radius of the park; • Regional parks of 10-25 acres require 750 signatures with zip codes within the city limits; • Regional parks of 25-50 acres require 1000 signatures with zip codes within the city limits; • Regional parks of 50-75 acres require 1500 signatures with zip codes within the city limits; • Regional parks over 75 acres require 2000 signatures with zip codes within the city limits. 11. Name and address of person making request. Name Dan Franklin Martin MD, FACS Address 5720 S Oso Pkwy, Corpus Christi, TX 78414 Phone 361-813-2222 12. Do you represent an organization with respect to this request? No If 'yes', name of organization 13. Date of this request 4/11/2016 14. By my signature below, I understand that if this request is approved by the Parks and Recreation Advisory Committee, 1 will be required to pay the park naming fee in accordance with the City of Corpus Christi Fee Schedule (attached) before the matter will be considered by City Council. Signature: Printed Name: FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice — Newspaper Notice to Appropriate Councilmember Public Notice — Neighborhood Kiwanis Club of Silsbee Daniel A. Barclay 3446 W Park Ave Orange. TX 77630 April 11, 2016 City of Corpus Christi Parks and Recreation Department Corpus Christi, TX RE: Release of information and use of park name Mildred and William A Barclay Park Dear Sir: 1 am writing to authorize the use of Mildred and William A Barclay Park as requested by Drs Dan Martin and Kimberly Barclay Marlin. This release is as requested in your Policy number Rec-95-12 I am the son of Mildred and William A Barclay. Jr and independent executor of the estate. 1 have also obtained permission from my brother llarry E Barclay, my only other living sibling. If you have any questions. please call me at 713-898-3715. Sincerely, Daniel A. Barclay (Not mailed, for inclusion with application) CORPUS CHRISTI PARKS& RECREATION Date: April 14, 2016 To: Parks & Recreation Advisory Committee From: Stacie Talbert Anaya, Interim Director Re: Park Naming Request — Coves at Lago Vista Subdivision In December 2007, Corpus Christi Land Ventures dedicated approximately.80 acre park located at Coves at Lago Vista Subdivision, located at or near 5718 Lago Vista Drive. In addition, the developer paid approximately $39,000 in park development fees. Due to an administrative error the park was not added to the department's inventory; the department did not develop nor maintain the park and development fees have been used at Oso Creek Park per the master plan. The property will, however, serve as a good neighborhood access point for future recreational trails planned for the Oso Creek Greenbelt area. The Coves at King Estates Homeowners Association (CKHOA), has maintained the property since its dedication. Last summer, members of CKHOA approached the department about developing the park including a playground, fencing and other amenities totaling more than $51,000. However, at .80 acre the property would be categorized as a niche/pocket park and development options are limited to shade trees, sidewalks and benches according to the 2012 Park and Open Space Master Plan. This was less than the CKHOA anticipated and requested a variance to the development standard. In order to develop the property, the department negotiated the following agreement: • Parks and Recreation will allocated $12,000 in park development funds for the development of the park amenities. • CKHOA will pay for the balance of the development cost of the park improvements. • CKHOA can use the PALS account for donations collected for the balance of the development costs. • CKHOA will commit to continue maintenance requirements for the park. • The park will remain a public park -- available to everyone. • An area for a future trailhead will be reserved in the park. The Parks & Recreation Department Policy and Procedure for Naming or Renaming Parks & Recreation Facilities list the following procedure for Naming of New Parks and/or Facilities: • Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after Page 1 of 2 the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council. • The Director or designee may seek potential naming rights for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. As this property has never been formally listed in the Parks & Recreation Department's inventory, it will be treated as a new park and subject to the second portion of the policy for new parks and facilities. The policy subsequently lists criteria for naming parks including: • Facilities may be named after streets, geographical locations, historical figures, events, concepts, or local, state or national leaders. Facilities may also be named for an individual or group where major donations of land, funds or other exceptional contributions toward the development, maintenance and/or operation of a facility or to the City in general have been made by the nominated individual or group. • Facilities shall not be named after or in honor of an individual, unless such individual has been deceased at least one year. • Donation of at least 51 percent of the value of a facility is required. • Names related to religious denominations will generally not be favorably considered. • A name which has an obscene connotation or demeans, intimidates or maliciously portrays any racial or ethnic group will not be considered. • When a facility is named for an individual, this action in no way gives the individual or family members naming rights over other features on the property. Features within the facility or on the property will remain eligible for naming without the consent of the individual or family members for which the property is currently named. • The Council may choose to waive any or all provisions herein provided for eligible facilities in commemorating or memorializing an individual, group or event. • Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. Dr. Dan Martin and his family have donated 58% of the cost of the development of the park (including the cost of the park sign) that is estimated to be completed in July 2016. Dr. Martin has requested the park be named Barclay Park to posthumously honor his wife's grandparents and their life-long commitment to public service. This request meets the criteria established in the policy. I ask that you support my recommendation to accept the generous donation from Dr. Martin as well as his request to name the property Barclay Park. Page 2 of 2 Proposed Barclay Park Location City of Corpus Christi 2,267 ft The City of Corpus Christi uses the most current and complete data available. However, GIS data and product accuracy may vary. GIS data and products may be developed from sources of differing accuracy, accurate only at certain scales, based on modeling or interpretation, incomplete white being created or revised, etc. The City of Corpus Christi reserves the right to correct, update. modify, or replace, GIS products without notification. The City of Corpus Christi cannot assure the accuracy, completeness, reliability, or suitability of this information for any particular purpose. Using GIS data for purposes other than those for which they were created may yield inaccurate or misleading results. The recipient may neither assert any proprietary rights to this information nor represent it to anyone as other than City Government -produced information. The City of Corpus Christi shall not be liable for any activity involving this information with respect to lost profits, lost savings or any other consequential damages- VANTAGEPOINTS. Proposed Barclay Park City of Corpus Christi 69 ft The City of Corpus Christi uses the most current and complete data available. However, GIS data and product accuracy may vary. GIS data and products may be developed from sources of differing accuracy, accurate only at certain scales, based on modeling or interpretation, incomplete white being created or revised, etc. The City of Corpus Christi reserves the right to correct, update. modify, or replace, GIS products without notification. The City of Corpus Christi cannot assure the accuracy, completeness, reliability, or suitability of this information for any particular purpose. Using GIS data for purposes other than those for which they were created may yield inaccurate or misleading results. The recipient may neither assert any proprietary rights to this information nor represent it to anyone as other than City Government -produced information. The City of Corpus Christi shall not be liable for any activity involving this information with respect to lost profits, lost savings or any other consequential damages- POWBre •J VANTAGEPOINTS. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 14, 2016 Second Reading Item for the City Council Meeting of June 21, 2016 DATE: TO: FROM: May 12, 2016 Margie C. Rose, Acting City Manager Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Ordinance authorizing acceptance and appropriation of the Texas Parks and Wildlife Department grant funds for the Oso Bay Wetlands Preserve & Learning Center CAPTION: Ordinance authorizing the City Manager or designee to execute documents to accept a Community Outdoor Outreach Program grant from the Texas Parks and Wildlife Department in amount of $48,033.00 for the Observing Science Outdoors Summer Guardians 2016 with City matching funds of $4,950 and an in-kind match of $8,391, for total program funds of $61,371; appropriating the $48,033.00 grant in the No. 1067 Parks Grants fund and authorizing the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grant fund and appropriating the same for the Observing Science Outdoors Summer Guardians 2016. PURPOSE: Appropriation and acceptance of a Texas Department of Wildlife Department grant for the Oso Bay Wetlands Preserve & Learning Center for the Observing Science Outdoors Summer Guardians 2016 Program. BACKGROUND AND FINDINGS: The grant is aimed at reinforcing the efforts the Preserve is leading in developing a state of the art summer program. This new youth program will increase students' environmental literacy fostering future environmental stewards. Utilizing the new Oso Bay Wetlands Preserve and Learning Center, participants will study biodiversity, ocean acidification, overfishing and pollution. ALTERNATIVES: Reject the grant award. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $48,033 $48,033 BALANCE $48,033 $48,033 Fund(s): Grant Fund 1067 Parks and Recreation/General Fund 1020 Comments: N/A RECOMMENDATION: Staff recommends that City Council accept the grant award. LIST OF SUPPORTING DOCUMENTS: Ordinance Attachment — Grant Award Ordinance authorizing the City Manager or designee to execute all documents to accept a Community Outdoor Outreach Program grant from the Texas Parks and Wildlife Department in amount of $48,033.00 for the Observing Science Outdoors Summer Guardians 2016 with City matching funds of $4,950 and an in-kind match of $8,391, for total program funds of $61,374; appropriating the $48,033.00 grant in the No. 1067 Parks Grants Fund; and authorizing the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grants fund and appropriating the same for the Observing Science Outdoors Summer Guardians 2016 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Manager or designee is authorized to execute documents to accept grant agreements with the Texas Parks and Wildlife Department in the amount of $48,033 for the Observing Science Outdoors Summer Guardians 2016 Program in the No. 1067 Parks Grants Fund, with City matching funds of $4,950, and an in-kind match of $8,391, for total program funds of $61,374. Section 2. That $48,033.00 grant is appropriated in the No. 1067 Parks Grants Fund for the Observing Science Outdoors Summer Guardians 2016 Program. Section 3. That the transfer of $4,950 from the No. 1020 General Fund to the No. 1067 Parks Grants Fund as grant matching funds is authorized and appropriated for the Observing Science Outdoors Summer Guardians 2016 Program. Section 4. That the City Manager is authorized to execute contract amendments pertaining to these funds in the following instances: a) for carry-over funds, when ascertained and approved by the funding agency through a revised notice of award; b) for amendments which will provide supplemental grant funds in amount not to exceed 20% of the original grant; c) for reimbursement increases of administration funds for each participant served; d) for amendments to comply with applicable State of Federal laws and regulations; and e) for amendments which do not change the essential purpose of the grant. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor TEXAS PARKS AND WILDLIFE DEPARTMENT COMMUNITY OUTDOOR OUTREACH PROGRAM AGREEMENT Project Name and Number: Observing Science Outdoors (OSO) Summer Guardians 2016; 52-000629 Project Period: TPWD Approval Date to November 1, 2017 Total Project Cost: $61,374.00 Approved State Funds: $46,033.00 PROJECT DESCRIPTION (SCOPE): City of Corpus Christi Parks and Recreation- Oso Bay Wetlands Preserve & Learning Center will administer "Observing Science Outdoors (OSO) Summer Guardians 2016" which will provide an outdoor and environmental education program for 352 participants which will include at least 50% females, 50% ethnic minority and physically/mentally challenged youth. Five of the following will be utilized: Texas State Parks or other TPWD approved facilities, TPWD approved programs, and/or TPWD personnel. Five of the following activities will be included: camping, environmental education, fishing/angling, backpacking/hiking, canoe/kayaking, blrding/wildlife viewing, and/or nature photography. The project will include an outdoor service project. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ("Department"} and the "Sponsor" hereby contract with respect to the above described project as follows: Ai. The Sponsor Is obligated to adhere to all requirements for the Texas Recreation, and Parks Account Program including program guidelines set out at 31 TAC Sec. 61.135. 2. No work on the protect by the Sponsor shall commence until there Is a signed contract by both parties Is on file with the department. 3. All changes to this agreement must be approved in advance by the Department 4. The Genera Provisions and Budget Summary of Project Casts attached hereto are hereby made part of this agreement. 5. The Agreement Is effective upon execution by the Department 6. Documentation must be provided for reimbursement. This Grant Program does not reimburse for Indirect costs TEXAS PARKS AND WILDLIFE DEPARTMENT By 7-3c Brent Leisure, Director, State Parks Name and Title .-Z6 rid DATE SAM Search Date 04/25/2016 - RSL City of Corpus Christi Parks and Recreation - Oso Bay Wetlands Preserve & Learning Center SPONSOR By \ ..s.J.P--.. e G e r,r- � aN.55:5— 4 h� 1D. � t,..CLs- Name and Tltle 67, 1. i } ..._ . DA E Observing Science Outside (050) Summer Youth Oso Bay Wetlands Preserve & Learning Center Corpus Christi Parks & Recreation Overhead Expenses TPWD City of Corpus Christi Total Facilities Usage Fee ($110/day) $4,400.00 $4,400.00 Printing/Advertising $50.00 $50.00 Service Delivery Cost Ed. Coordinator Salary $9,100.00 $9,100.00 Part Time Staff (2ppI.X$10/hrX20hrs/8wks) $3,200.00 $3,200.00 Staff Training Week (2wks/$10/2ppIx80) $800.00 $800.00 First Aid CPR Training ($50/per x 4ppl) $200.00 $200.00 Field Trip Transportation (CCISD) $3,439.00 $3,439.00 Aftercare Transportation $1,600.00 $1,600.00 Foul Weather Contingency Plan - TX State Aquarium $500.00 $500.00 Staff/Student T -Shirts (360x$3.26ea) $1,173.60 $1,173.60 Water Bottles (360) $903.40 $903.40 Name Tags (360 @ 12.50/20x330) $225.00 $225.00 Journal Supplies $732.00 $732.00 Pencils $120.00 $120.00 iPad minis (22x$225) $4,950.00 $4,950.00 Waterproof iPad mini Case (22x$30) $660.00 $660.00 iPad mini storage & charging case $925.00 $925.00 Tandem Ocean Kayaks (12x$799) $9,588.00 $9,588.00 Lifejackets (25 x $20) $500.00 $500.00 Whistles (25x$8) $200.00 $200.00 12 Kayak Trailer $1,298.00 $1,298.00 Vernier Water Quality Test Package & LabQuest2 $3,710.00 $3,710.00 Student Support Scholarships($125x32students) $4,000.00 $4,000.00 Sub Total $47,324.00 $4,950.00 $52,274.00 Service Projects Bird House Kits ($16.12) $709.00 $709.00 Sub Total $709.00 $709.00 In Kind Contributions Volunteer Time(2ppl/$24.66/hr/20hr/wkx8wks) $7,891.00 $7,891.00 Mustang Island State Park Ed. Program $500.00 Sub Total $8,391.00 $8,391.00 Requested State Assistance $48,033.00 City of Corpus Christi (Local) Financial Share (27%match) $13,341.00 Total Cost $61,374.00 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of June 14, 2016 Second Reading Item for the City Council Meeting of June 21, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 23, 2016 FROM: Stacie Talbert, Interim Director, Parks and Recreation Department StacieTcctexas.com 361-826-3464 Authorization of a Lease Agreement for the 2016 Arts Alive! Event CAPTION: Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 1 through September 5, 2016. PURPOSE: To approve date, location, and consideration for the Arts Alive! and related activities September 3 and 4, 2016. BACKGROUND AND FINDINGS: The first annual Arts Alive! event is set to take place on September 3rd and 4th, 2016 with a weekend of curated artistic experiences featuring interactive art, live demonstrations, and a hands-on art action. There will be food trucks, live music, unique art demonstrations, community art projects, kid's activities and much more. The event will also feature works by artists from across the nation on display for sale. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 0 Encumbered/ Expended Amount This item 0 0 BALANCE 0 0 Fund(s): General Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing the City Manager or designee to execute an agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of area generally bounded by current and former N. Shoreline Blvd., between Coopers Alley and Williams Street, for the Arts Alive! Event and related activities on September 1 through September 5, 2016 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Arts Community Center of Corpus Christi, Inc. to allow use of City property generally bounded by current N. Shoreline Blvd. and former N. Shoreline Blvd. between Coopers Alley and Williams Street for the Arts Alive! Event and related activities on September 1 through September 5, 2016. A copy of the Agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 1 of 15 LEASE AGREEMENT FOR ARTS ALIVE! State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting through its duly designated City Manager, and the Arts Community Center of Corpus Christi, Inc. ("ACC"), a Texas non-profit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City - means the City of Corpus Christi, a Texas home -rule municipality. B. City Attorney - means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager - means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. ACC — means the Arts Community Center of Corpus Christi, Inc., a Texas non-profit corporation. G. ACC's Agent - means a duly authorized representative of the ACC. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. 1. Event - means the Arts Alive! events and related activities sponsored by the ACC. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director - means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A. Page 2 of 15 O. Risk Manager - means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The ACC will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the ACC the privilege of using the area of the fenced area generally bounded by current N. Shoreline Blvd., former N. Shoreline Blvd., Coopers Alley and Williams Street, as shown in Exhibit A, for the Arts Alive! Event. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit A) and other parts of this lease. If Exhibit A is revised, new Exhibit A will be executed by the City Manager and ACC Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit A. New Exhibit A becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM.The ACC's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with ACC representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit A needs to be revised by the Parks Director and ACC. If revised, new Exhibit A will follow process in §4 PREMISES REVISIONS. ACC's Agent may request additional meetings. 7. ADMISSION FEE. ACC may charge an admission fee. Special Events connected with ACC may charge another fee to help defray the cost of entertainment. 8. ACC'S FINANCIAL OBLIGATIONS. A. Permit Fees. The ACC must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one-time Parks and Recreation Large Special Event Permit fee of $400.00, Health PermitNendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the ACC for costs of all such City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the Page 3 of 15 ACC's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. ACC's failure to pay the undisputed charges on City's invoice within 30 days after submittal to ACC shall result in a late payment fee being assessed against ACC. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. C. Deposit. The ACC must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the ACC within 30 days after the Event. D. Reimbursement for Damages to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the ACC, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the ACC an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the ACC for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the ACC's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the ACC has vacated the property, following the conclusion of the Event. ACC will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any turf or sod damage, the ACC must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the ACC fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the ACC for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the ACC's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. ACC will pay City's invoice for damages, within 30 days after City tenders the invoice to ACC's Agent, less any amount(s) the ACC has disputed. 9. GENERAL PERMITS. ACC shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. ACC will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. ACC must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. Page 4 of 15 B. Temporary Promotional Event Permit ACC will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the ACC to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. ACC may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. ACC must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi-Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. Alcohol Vendors. ACC must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage ACC for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. ACC shall be responsible for payment of all City Health Permit Nendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §16 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, ACC must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, ACC must obtain necessary permits from the United States Coast Guard. G.Additional Permits. ACC's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. ACC is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The ACC must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and altemate street access. ACC shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. Page 5 of 15 B. Parking, The ACC will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage and Advertising. ACC's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre -approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms, Drinking Water and First Aid. The ACC must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. ACC may provide a temporary six-foot (6') chain link fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the ACC's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. ACC must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. ACC must remove the screens within the non-exclusive use period after the close of the Event. However, ACC must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if ACC provides the Parks Director prior written assurances that ACC will remedy said damages in accordance with §8 ACCS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildings. ACC must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Permissible Vendor Location Markings. No paint or semi-permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). Page 6 of 15 11. CLEAN UP. ACC is responsible for trash pickup at the Event. ACC must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. ACC may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the ACC and taken to a location designated by the ACC. ACC may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give ACC's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by ACC shall be pay. 12. RIGHT OF ACC TO USE PUBLIC STREETS. ACC acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by ACC with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. ACC must at all times maintain Emergency Vehicle Lanes upon the Premises as may be designated by the Fire Chief. These lanes must be kept clear of all obstructions. 14. SECURITY. ACC is responsible to determine whether to provide security officers during the Event, and after the Event closes each night. ACC will assign the security officers duties. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off-site crowd and traffic control for the Event as needed and include costs of police officers in the costs, §8 ACC FINANCIAL OBLIGATIONS, above. The Police Officers will be assigned duty stations by the Police Chief, or designee. 15. SAFETY HAZARDS. The ACC, upon written notice of identified Safety Hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the Safety Hazard, within six hours or other time frame included in the written notice of Safety Hazards. 16. INSURANCE. ACC agrees to comply with attached insurance Exhibit C. In addition, ACC's Agent must furnish to the Risk Manager, Commercial General Liability Insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 per occurrence for personal injury, death and property damage. ACC is required to provide a $1,000,000 Combined Single Limit Automobile Liability Policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least two weeks prior to each Event. ACC must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the ACC's Events on Premises then Liquor Liability Insurance in the amount of $1,000,000 per occurrence must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. ACC must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non-exclusive use period each year. Page 7 of 15 ACC must require all volunteers to sign an accident waiver foram that ACC must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, ACC must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, ACC must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non -renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to ACC. 17. INDEMNITY. ACC shall indemnify and hold City, its officers, agents and employees ("Indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against lndemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitees or on the part of ACC or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("Indemnitors") entering upon City property to set-up and take-down, hold, attend, or participate in the Arts Alive! event and associated activities, with the expressed or implied invitation or permission of ACC, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees or lndemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. ACC covenants and agrees that if City is made a party to any litigation against ACC or in any litigation commenced by any party, other than ACC relating to this ACC Lease Agreement, ACC shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: If to ACC: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 880-3461 FAX (361) 880-3864 Art Community Center of Corpus Christi, Inc. Attn: Executive Director -Re7Box--.ti o0 !`.l• S htoaELi,J1. BLVD Corpus Christi, TX 784/11 (361) (g` q - fa4D Lp FAX (361) 'Nil-S$v(o Page 8 of 15 19. ASSIGNMENT. ACC may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of ACC to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by ACC entitles City to terminate this Lease Agreement without notice or demand of any kind, notwithstanding any license issued by City and no forbearance by City of any prior breach by ACC is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by ACC and the sums inure to the benefit of City as a set-off against any debt or liability of ACC to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from ACC by the City are compensation for provision of City services as described herein and for the right of ACC to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The ACC recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. ACC must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at ACC's sole expense and cost. 24. NON-DISCRIMINATION. ACC warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. DISCLOSURE OF INTEREST. (Exhibit D) ACC agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 26. CERTIFICATE OF INTERESTED PARTIES. ACC agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties". These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or Page 9 of 15 c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.uslwhatsnew/elf info form'1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at httos:llwww.ethics.state.tx.usllegal/ch46.html. 27. CONFLICT OF INTEREST. Contractors agree, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:llwww.cctexas.com/government/city-secretary/conflict- disclosure/index. 28. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and ACC for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to ACC's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Approved as to form: 111'l 'Lj, Z° I I - By: Lisa Aguilar, Astant City Attorney For the City Attorney Name: Title: ART COMMUNITY CENTER OF CORPUS CHRISTI, INC. By: G1./44V0_. Name: Di Pc -N) M11 k?)L-l) T -Z -E Title: -7112% Date: a 4, Du* Page 10 of 15 w J MP.44,S \VU4TABURC:6 K.., .. i -E .. e." Lam, ii rJ [ "r"w 7 ir-• I K off LY .*... ,moi `7 oRtE W xY igewl2t.�Rh .14 ,fir- �s1�.1.4 1+1 --: —40 °'AT � � l p fk5 P-Mfg1 Ste^- 3 - � OA) 149 a TOE Prki— sas!waad jUeAJ - V 1I8IHX3 Page 12 of 15 EXHIBIT B Set -Up Dates for Event: September 1, and 2, 2016 Thursday, September 1, 2016 8am — 6pm Event Set Up Friday, September 2, 2016 — Event Set -Up Dates for Event: September 3 and 4, 2016 September 3, 2016 —10 am — 6pm September 4, 2016 — 10 am — 4pm Take Down Date for Event: September 5, 2016 September 5, 2016 — 8am to 1 pm Page 13 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. LESSEE'S LIABILITY INSURANCE A. Lessee (ACC) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products;' Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical Page 15 of 15 • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, 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. 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 stop work hereunder, ands or withhold any payment(s) which become due to Lessee 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 contract. 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 contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Insurance Requirements Parks and Recreation Dept. Ira City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: The Art Center of Corpus Christi STREET ADDRESS: 100 N. Shoreline Blvd. CITY: Corpus Christi STATE: TX ZIP: 78401 FIRM IS: 1. Corporation ❑ 4. Association ❑ 2. Partnership ❑ 3. Sole Owner ❑ 5. Other X 501c3 non profit corporation 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 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. Managing Certifying Person: Dianna Bluntzer Title: Director Signature of Date: Certifying Person: May 24, 2016 DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or riot, including part- time employees and employees of any corporation created by the city. 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. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. The Art Center of Corpus Christi Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. The City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-62533 Date Filed: 05/26/2016 Date Acknowledged: r3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 74-1716003 community art event - Aim Pili v 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary 5 Check only if there is NO Interested Party. ❑X 6 AFFI /�' 7 . SANDRA ALVAREZ i • • € Notary Public •i STATE .F TEXAS -^•"':,:y My Comm. Exp. 05-26.2019 rE....t I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of tracting business entity AFFIX NOTARY STAMP / SEAL ABOVE ] �,n _ Sworn to and subscribed before me, by the said Na Ana—'ll i rte/c_]"tt e 41114".k ' day of Mat/, 20 i u to certify which, witness my hand and seal of office. stering oath SaiTt(n.. 11-Luar61- Cfria. Printed name of officer administering oath Title of officer adminleiering oath AGENDA MEMORANDUM First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: TO: June 9, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: Andy Leal, P.E., Interim Director of Street Operations andyI(c�cctexas.com (361) 857-1957 J. H. Edmonds, P. E., Director of Engineering Services jeffreye c(�i,cctexas.com (361) 826-3851 Execute Amendment to Interlocal Agreement and Execute Change Order County Road 52 Phase 1 CAPTION: Ordinance amending the FY 2016 Capital Budget to add Project No. E16303 County Road 52 Phase 1B, appropriating $100,000 of anticipated revenue from Nueces County, Texas; approving Amendment No. 1 to an Interlocal Agreement with Nueces County, Texas; and authorizing the City Manager, or designee, to execute Change Order No. 2 with Haas Anderson Construction of Corpus Christi, Texas in the amount of $649,017.80 for the County Road 52 project Phase 1B for final surface treatment and completion of project. (BOND 2008) PURPOSE: The purpose of this Agenda Item is to accept the funding from Nueces County and to execute a Change Order with Haas Anderson Construction for the final 2 -inch Hot -Mix -Asphalt -Concrete (HMAC) surface treatment to complete the County Road (CR) 52 from County Road 69 to Highway 77 (Bond 2008) project. BACKGROUND AND FINDINGS: County Road 52 (CR 52) from CR 69 to Highway 77 is a two lane rural roadway section that was on the November 2008 Street Bond Issue as part of Future Texas Department of Transportation (TxDOT) Participation Projects. On December 15, 2009, the City entered into an Interlocal Agreement with Nueces County to share the costs to renovate and expand this section of roadway as Phase 1; see attached Interlocal Agreement. A construction contract for the reconstruction and widening with a continuous left turn lane was awarded to Bay Ltd. of Corpus Christi on June 28, 2011, and completed on December 25, 2012. The roadwork included a 4 -inch HMAC surface treatment with improvements for driveways, storm water ditches, and culvert replacement. The final 2 -inch later of HMAC was deferred by City Staff to coordinate the final surface treatment with the additional CR 52 extension project that was voter approved in the November 2012 Bond Election (County Road 52 Extension — Phase 2). The Bond 2012 project to extend CR 52 from County Road 69 to FM 1889 was developed in partnership with Nueces County with an Interlocal Agreement executed on July 14, 2015, that provided for the County to complete the design and construction under a joint cost sharing. The County subsequently advertised and awarded a contract in February 2016 to Haas Anderson Construction (HAC) for the extension project that is currently under construction. Therefore, the City developed a Change Order with HAC under the Street Preventative Maintenance Program (SPMP) Overlay Project to allow the most cost effective solution to concurrently complete both projects. Change Order No. 2 consists of minimum of a 2" Hot Mix Asphalt Concrete (HMAC) over a fiberglass reinforced mat with required full depth and crack repairs with new striping. The pricing and construction methods for repairs and final treatment were specifically negotiated to achieve the most cost effective solution. The Amendment to the Interlocal Agreement with Nueces County is to provide the County's cost share of $100,000 for the Change Order No. 2. The Amendment was approved by the Nueces County Commissioner's Court on June 8, 2016. ALTERNATIVES: 1. Execute the Change Order with Haas Anderson Construction as proposed. (Recommended). 2. Do not execute the Change Order with Haas Anderson Construction as proposed. (Not Recommended). OTHER CONSIDERATIONS: County Road 52 — Phase 1 has experienced cracking in the roadway. The work for this change order will restore the life of the roadway and provide the 4" HMAC per the original design. This item was presented to the Nueces County Commissioners Court on June 8th, 2016 for their review and approval. CONFORMITY TO CITY POLICY: This agreement conforms to City Policy for Change Orders. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: Operating ❑ Revenue X Capital n Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget 2,243,957.98 675,772.75 2,919,730.73 Encumbered/Expended Amount 2,243,957.98 2,243,957.98 This item 649,017.80 649,017.80 Future Anticipated Expenditures This Project 26,754.95 26,754.95 BALANCE 0.00 0.00 0.00 Fund(s) Bond 2008 Street Funds RECOMMENDATION: City Staff recommends the approval of the Change Order No. 2 with Haas Anderson Construction of Corpus Christi, Texas for the final surface treatment and completion of the CR 52 from CR 69 to Highway 77 and the amended Interlocal Agreement for cost sharing with Nueces County. LIST OF SUPPORTING DOCUMENTS: Project Budget Ordinance Location Map Presentation Interlocal Agreement Amendment #1 to Interlocal Change Order Form 1295 PROJECT BUDGET County Road 52, Phase 1 - CR 69 - US 77 BOND 2008 - Proposition 1 Phases 1 & 1B FUNDS AVAILABLE: Bond 2008 Streets $ 1,579,816.02 Storm Water CIP 229,299.45 Water CIP 47,599.20 Nueces County 963,016.06 Nueces County (This Item) 100,000.00 TOTAL $ 2,919,730.73 FUNDS REQUIRED: Construction: Construction Phase 1A (Bay, Ltd.) $ 1,616,875.20 Change Order with Haas Anderson Construction (THIS PROJECT) 647,227.75 Construction Inspection & Testing: Construction Phase 1A - Materials Testing Services 31,559.50 Construction Phase 1B - Materials Testing Services 9,145.00 Design: A/E Consultant (Maverick Engineering) 241,743.00 Other: Land and Right of Way 126,768.50 Reimbursements: Total Reimbursements 246,411.78 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 45,866.68 Engineering Services (Project Mgt/Constr Mgt) 197,572.07 Misc. (Printing, Advertising, etc.) 2,973.03 TOTAL $ 2,919,730.73 ESTIMATED PROJECT BUDGET BALANCE $ ORDINANCE AMENDING THE FY 2016 CAPITAL BUDGET TO ADD PROJECT NO. E16303 COUNTY ROAD 52 PHASE 1B, APPROPRIATING $100,000 OF ANTICIPATED REVENUE FROM NUECES COUNTY, TEXAS; APPROVING AMENDMENT NO. 1 TO AN INTERLOCAL AGREEMENT WITH NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE CHANGE ORDER NO. 2 WITH HAAS ANDERSON CONSTRUCTION OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $649,017.80 FOR THE COUNTY ROAD 52 PROJECT PHASE 1B FOR FINAL SURFACE TREATMENT AND COMPLETION OF PROJECT. (BOND 2008) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add the County Road 52 Phase 1B project. SECTION 2. The FY 2016 Capital Improvement Budget adopted by Ordinance No. 030621 is amended to add $100,000 of anticipated revenues from Nueces County, Texas to the County Road 52 Phase 1B project in Street CIP Fund 3530. SECTION 3. Revenues and expenditures in the amount of $649,017.80 are increased in the FY 2016 Capital Improvement Budget adopted by Ordinance No 030621. SECTION 4. An Amendment to an Interlocal Agreement with Nueces County, Texas is approved for the County Road 52 Phase 1B project. SECTION 5. The City Manager or designee is authorized to execute a change order to the County Road 52 Phase 1B project in the amount of $649,017.80 with Haas Anderson Construction of Corpus Christi, Texas for final surface treatment and completion of project (Bond 2008). 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 , 2016, by the following vote: Nelda Martinez Rudy Garza Michael T. Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael T. Hunter Chad Magill Colleen McIntyre Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Edr Oder. P tronila PROJECT LOCATION I 44.1 Tierra Grande VICINITY MAP NOT TO SCALE 357 Project Number: E16303 County Road 52 Extension ( Hwy 77 to FM 1889 ) Phase I& IB and Phase II CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES County Road 52 - Phase 1 Project From CR 69 to Highway 77 Change Order Corpus Chr"sti Engineering Council Presentation June 14, 2016 Project Vicinity Corpus Chr sti Engineering CD LALALL 7 San tcob ,tosun Petronila PROJECT LOCATION Tierra Grande Project Location 0 Corpus Chr sti Engineering CO PHASE II n D. ELECTRIC PHASE I & IB oar Original contract provided for 4" HMAC; however, staff directed deferral of final 2" HMAC. Change order No. 2 completes the final 2" HMAC layer with repairs, crack sealing and installation of fiberglass matting to restore the lifecycle of the pavement. Phase 1 & 1B — Construction by the city under this project. Phase 2 — Construction by Haas - Anderson by the County. Project Schedule Corpus Chr'sti Engineering 2016 Jan Feb Mar Apr May Jun July Aug I Sept I Oct I Nov I Dec Phase 2 Extension Nueces County Project Phase 131 City Project Project Estimate: 16 weeks for Phase 2 4 weeks for Phase 1B 4 0_DLOoco( THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT 4e1 THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ( "City"), a Texas municipal corporation and home -rule city, acting by and through its governing body, the Corpus Christi City Council, and the NUECES COUNTY, TEXAS ("County"), acting by and through its governing body, the NUECES COUNTY COMMISSIONERS COURT. This Agreement is made pursuant to Chapter 791, Texas Government Code, and is as follows: SECTION 1. PURPOSE FOR PARTICIPATION. For the mutual benefit of the parties and the residents of the City of Corpus Christi and Nueces County, Texas, City and County desire to fund and provide for the expansion of County Road 52 ("CR 52" or "the Road") to 3 or 5 lanes generally depicted on Exhibit A herein attached and incorporated in its entirety, and related improvements as provided in this Agreement. SECTION 2. OBLIGATIONS OF CITY AND COUNTY. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate in the funding of costs, including engineering, and construction necessary to facilitate the construction of improvements to renovate and expand CR 52 (the "Project" or the "Work") as follows: (a) Funding. County agrees to pay up to $1,200,000.00 to the City of Corpus Christi for Project costs associated with the construction of County Road 52 including, but not limited to: engineering services to design and prepare construction plans, property and land acquisition, legal expenses, advertising, printing and miscellaneous expenses necessary for the construction of CR 52. The City agrees to provide $1,200,000.00 in funding toward the construction of CR 52. It is mutually agreed that the total Project cost will not exceed $2,400,000.00. The City or County may increase their funding upon written notice to the other party. Any such increased funding will be used only for the purpose of this agreement. However, such increase will not require any commitment of matching funds by the other party unless mutually agreed in writing as an amendment to this agreement. (b) Utilities & Miscellaneous. The City and County agree any drainage, adjustments or relocations of private utilities or pipelines that may be necessary due to the Project will be part of the Project. The cost 2009-549 M2009-349 12/15/09 Nueces County 1 INDEXED adjustments or relocations of private utilities or pipelines will be paid with Project funding. The City will pay for 100% of the costs for the adjustment, relocation, installation and maintenance of any City -owned gas lines and wastewater lines including valves and appurtenances. The City and County will each pay for one-half the costs of any storm water improvements installed as part of the Project with Project funding. The City and County will each pay for one-half the costs of any modification or adjustments required for any raw water canals or other raw water conveyances with Project funding. (c) Property & Land Acquisition. The City agrees to acquire any construction easements, rights-of-way, and utility easements that may be necessary for construction, including proceedings to condemn by use of the power of eminent domain, if necessary. The costs of such acquisition are included in project funding and will be paid with Project funds. The City will acquire and hold property rights in the name of the City. (e) Payment Dates. The County will pay (up to an amount of $1,200,000) City within 30 days from the date of receipt of the City's detailed invoice for project funding. City will bill County on a monthly basis for 50% of the Project costs incurred. County shall have the right to review and audit the City's documents concerning Project expenses upon request. (f) Contract Management. City will be responsible for contract administration during construction of CR 52 including any new utilities, drainage and required adjustments and/or relocation of the utilities. City will provide oversight inspections, as needed, and provide through an independent third party provider necessary geotechnical services, engineering materials inspection, testing and laboratory services at its expense. The cost of contract administration will be paid with Project funds. Both City and County will accept, in writing, the Project Plans, Specifications, and Cost Estimates before the City advertises and proceeds to solicit bids for the construction of the Work. The City will ensure the contact documents require the contractor to name the City of Corpus Christi and Nueces County as additional insureds. The City will ensure the contract documents include the requirement that the contractor indemnify and holds harmless the City of Corpus Christi and Nueces County. 2 (g) The City Council will authorize the City Manager or his designee to execute the contract after the bids have been opened and evaluated. Payments. Any payment made by either party hereto for any of the services provided pursuant to this Agreement shall be made out of current revenues available to the County and City as required by Chapter 791, Texas Government Code. (h) Final Acceptance. Both City and County shall make final inspection of the improvements, and City Engineer and County Engineer must each agree and will certify in writing such completion for Final Acceptance. City shall provide written notice to the County Judge the date certified for Final Acceptance under this subsection (the "Date of Acceptance"). (i) Construction Warranty Period. During the construction warranty period of one year from the Date of Acceptance, or for such lesser or greater period as may be specifically provided, both City and County shall be responsible to present warranty issues to be done or performed by contractor. (j) Maintenance. City will maintain the roadway and drainage improvements. This paragraph will survive expiration of this agreement. (k) Easements. County will grant the City access to any of its property or easements for the construction of the project and maintenance of City utilities. SECTION 3. TERM OF AGREEMENT. Term. The term of this Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work, which shall be no later than two years from signing of this Agreement. This Agreement may be extended upon written agreement of the parties. If unexpected delays in the Project occur, this Agreement shall extend beyond the two-year term as necessary. The City shall provide the County with the proper justifications for any extension in writing. SECTION 4. CHANGE ORDERS Change orders will be reviewed by both the County and City with the City giving final approval as part of contract administration. All changes will be funded with Project funds. Copies of the Change Orders will be provided to the County Engineer. 3 SECTION 5. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (express or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. The initial addresses of the parties, which one party may change by giving written notice of its changed address to the other party, are as follows: City Angel R. Escobar City Manager City of Corpus Christi P. O. Box 1541 Corpus Christi, Texas 78401 COUNTY Samuel L. Neal, Jr. County Judge Nueces County 901 Leopard Corpus Christi, Texas 78401 (e) Non -Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 4 (f) (g) Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City of Corpus Christi, or any officer, agent or employee of the City, or any Reinvestment Zone, or any County Commissioner, officer, agent or employee of the County. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. IN WITNESS HEREOF, the City and County have made and executed this Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS „.../i-�o �Samuel L. Jr. Date An . Escobar ateNeal, City Manager County Judge ATTEST: ' 4/__740 Armando Chapa Date City Secretary APPROVED AS TO FORM: Veronica Ocanas Date Assistant City Attorney for City Attorney 5 Dian ra -rertea vtiwron) Date County Clerk, b 1,g9taott) al.9.222.t.AUTHORIZED 3T COUNCIL ....12115I b9 SfQ €TARY AMENDMENT NO. 1 INTERLOCAL AGREEMENT FOR THE COUNTY ROAD 52 EXTENSION PHASE 1 PROJECT BETWEEN THE CITY OF CORPUS CHRISTI & NUECES COUNTY THE STATE OF TEXAS COUNTY OF NUECES § This AMENDMENT NO. 1 to the INTERLOCAL COOPERATION AGREEMENT executed February 2, 2010, for the extension of County Road Phase 1 ("Amendment No. 1") is made by and between the CITY OF CORPUS CHRISTI, TEXAS ("City"), a Texas municipal corporation and home -rule city, acting by and through its duly authorized City Manager or designee upon authority of its governing body, the Corpus Christi City Council and NUECES COUNTY, TEXAS ("County"), acting by and through its duly authorized County Judge or designee upon authority of its governing body, the NUECES COUNTY COMMISSIONERS COURT, pursuant to and in accordance with the provisions of Chapter 791, as amended, Texas Government Code. WITNESSETH WHEREAS, the parties entered into an Interlocal Agreement for Phase 1 of County Road 52 ("CR 52") Extension on February 2, 2010 ("Agreement"); WHEREAS, the Agreement provides terms for the extension of CR 52 Phase 1 from US Highway 77 to County Road 69 ("Project"); WHEREAS, Section 3 of the Agreement provides: Section 3. TERM OF AGREEMENT The term of this Agreement shall be from the date signed and authorized by the parties until final acceptance of the Work, which shall be no later than two years from signing of this Agreement. This Agreement may be extended upon written agreement of the parties. If unexpected delays in the Project occur, this Agreement shall extend beyond the two-year term as necessary. The City shall provide the County with the proper justifications for any extension in writing. WHEREAS, the Project requires completion, the scope of which is attached here as Exhibit A -1-B (Phase 1-B), and which invokes the right to extend the Agreement under Section 3 and serves as the City's required justifications; WHEREAS, this amends the Agreement to provide for terms for each party to participate and contribute to that part of the Project referred to here as Phase 1-B. AMENDMENT No. 1 Phase 1-B for Completion of CR 52 Phase 1 Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 1 of 4 The Agreement is amended as follows: 1. SECTION 2-B. OBLIGATIONS OF CITY AND COUNTY FOR PHASE 1-B TO COMPLETE COUNTY ROAD 52 PHASE 1. For and in consideration of the covenants and agreements of the parties set forth herein, City and County agree to participate and contribute to the Project costs necessary to facilitate the completion of the construction of improvements to CR 52 from US Highway 77 to County Road 69, more specifically described in Exhibit A -1-B ("Phase 1-B"). a) Funding by County. The County agrees to contribute $100,000 from its $1.2 million allocation for costs to complete Phase 1-B of the Project. b) Funding by City. The City agrees to contribute an additional amount not to exceed $550,000 to complete Phase 1-B the Project. c) Payment Dates. The County will pay up to $100,000 in total to City within 30 days from the date of receipt of the City's detailed invoice for project funding. City will bill County on a monthly basis for 50% of the Project costs incurred. County shall have the right to review and audit the City's documents concerning Project expenses upon request. d) The City agrees to procure and enter into the necessary contracts for design and construction services, or provide for the required construction services by employing the services of a contractor already contracted to perform similar or same services under an IDIQ contract, to complete Phase 1-B in accordance with Exhibit A -1-B herein attached and incorporated in its entirety. The City further agrees to manage all construction management, observation and inspection services necessary, as well as any further design, materials testing, or geotech services required to complete Phase 1-B. e) The County has reviewed and hereby approves of the scope of the Work detailed in Exhibit A -1-B, as the Work required for the completion of Phase 1-B. f) The County will review and approve of any proposed change orders, inspect and participate in the Walk -Through at Final Inspection, and provide written concurrence of the City's acceptance of the Work. g) The City will ensure the contract documents require the contractor to name the City of Corpus Christi and Nueces County as additional insureds. h) The City will ensure the contract documents include the requirement that the contractor indemnify and holds harmless the City of Corpus Christi and Nueces County. 2. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained, provided that such invalidity does not materially prejudice either County or City in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 2 of 4 3. All other terms of the Agreement remain the same and are herein incorporated in their entirety by reference. IN WITNESS HEREOF, the City and County have made and executed this Amendment No. 1 to the Agreement in multiple copies, each of which is an original. CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS Mark Van Vleck, Date Samuel L. Neal, Jr. Date Assistant City Manager County Judge ATTEST: Rebecca Huerta Date Kara Sands City Secretary County Clerk APPROVED AS TO FORM: Date Assistant City Attorney Date County Attorney Date Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 3 of 4 Exhibit A -1-B ("Phase 1-B") The following work will be completed on all those portions of CR52 between US77 and CR69 where full pavement exists: 1 Street Mobilization 2 Street Glassgrid 18,429 SY 3 Street Ultra -Fuse Tack Coat 2,765 GAL 4 Street 2"-3" H.M.A.C. Pavement (Type D)(Surface Course) 2,750 TON 5 Street Full Depth Repair 3,750 SY 6 Street Reflective Pavement Marking Type I (W)(4")(SLD) 8,620 LF 7 Street Reflective Pavement Marking Type I (W)(8")(SLD) 282 LF 8 Street Reflective Pavement Marking Type I (W)(24")(SLD)(STOP LINE) 26 LF 9 Street Reflective Pavement Marking Type I (Y)(4")(SLD) 7,710 LF 10 Street Reflective Pavement Marking Type I (Y)(4")(SLD)(dbl) 512 LF 11 Street Reflective Pavement Marking Type I (Y)(4")(BRK) 2,117 LF 12 Street Reflective Pavement Marking Type I (W)(ARROW) 4 EA 13 Street Reflective Pavement Marking Type I (W)(ONLY) 4 EA 14 Street Type II -A -A Raised Pavement Marker (Reflectorized) 245 EA 15 Street Type II -C-R Raised Pavement Marker (Reflectorized) 16 EA 16 Street Traffic Control 1 LS 17 Street Allowance for unanticipated Additional Repairs, Traffic Controls, etc. (if authorized) 1 LS Amendment No. 1 to CR 52 Phase 1 Interlocal -16-0607 4 of 4 City of Corpus Christi Engineering Services Change Order CHANGE ORDER NO.: 2 Citywide Street Overlay and Sealcoat IDIQ Program Year 2 Work Specific to CR 52 from CR 69 to Highway 77 PROJECT: CONTRACTOR: HAC ENGINEER: CHANGE ORDER DATE: PROJECT NUMBER: CONTRACT TIME: 5/27/2016 E14021 365 CD Make the following additions, modifications or deletions to the work described in the Contract Documents: 1 Street Mobilization, complete in place, 2 Street 3 Street 4 Street 5 Street 6 Street 7 Street 8 Street 9 Street 10 Street 11 Street 12 Street 13 Street 14 Street 15 Street 16 Street 17 Street 18 Street Glassgrid, complete in place Ultra -Fuse Tack Coat 2"-3" H.M.A.C. Pavement (Type D)(Surface Course), complete in place Full Depth Repair, complete in place Ozone Day Reflective Pavement Marking Type l (W)(4")(SLD), complete in place Reflective Pavement Marking Type I (W)(8")(SLD), complete in place Reflective Pavement Marking Type I (W)(24")(SLD)(STOP LINE), complete in place Reflective Pavement Marking Type I (Y)(4")(SLD), complete in place Reflective Pavement Marking Type 1 (Y)(4")(SLD)dbl), complete in place Reflective Pavement Marking Type I (Y)(4")(BRK), complete in place Reflective Pavement Marking Type 1(W)(ARROW), complete in place Reflective Pavement Marking Type 1 (W)(ONLY), complete in place Type 1I -A -A Raised Pavement Marker (Reflectorized), complete in place Type II -C-R Raised Pavement Marker (Reflectorized), complete in place Traffic Control, complete in place Allowance for unanticipated Additional Repairs, Traffic Controls, etc. (if authorized) Why was this Change necessary: 1 LS @ $40,700 18,429 SY @ $6.65/SY 18,429 SY @ $2.85/SY 2,600 TON @ $92.00/TON 3,500 SY @ $43.40/SY 2 DAY @ $3,000/DAY 8,620 LF @ $0.55/LF 282 LF @ $1.15/LF 26 LF @ $19/LF 7,710 LF @ $0.60/LF 512 LF @ $1.15/LF 2,117 LF @ $0.60/LF 4 EA @ $253/EA 4 EA @ $380/EA 245 EA @ $6/EA 16 EA @ $6/EA 1 LS @ $5,000 1 LS @ $15,000 Net Total of This Change Order $ $40,700.00 $122,552.85 $52,522.65 $239,200.00 $151,900.00 $6,000.00 $4,741.00 $324.30 $494.00 $4,626.00 $588.80 $1,270.20 $1,012.00 $1,520.00 $1,470.00 $96.00 $5,000.00 5151000.00 649,017.80 The original contract provided for 4" HMAC; however, staff directed deferral of final 2" HMAC. This change order completes the final 2" plus additional repairs and cracking caused by delay of complete HMAC sections. How can similar changes be avoided in the future? Future projects should be constructed fully at completion of project. The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Previous Change Order Contract Time Additional Time on This Change Order Revised Contract Time $ 9,975,000.00 95,009.95 649,01 7.80 10,719,027.75 1 7.46% 0 CD 30 CD 395 CD Recommended by !CONSULTING FIRM) By N/A Date Approved by (CONTRACTOR] BY ..'l4 Recommended b ‘cliCA Recommended by: Recommended by: Recommended by: DEPARTMENT APPROVALS: Philip L.k, P.E. Date Acting Construction Engineer Jefferey Edmonds, P.E. Director of Engineering Services Date Eddie Houlihan Budget and Finance Date US CHRIST Approved by: Approved by: Approved by: Janet Kellogg Date Margie C. Rose Date City Attorney Acting City Manager Valerie H. Gray, P.E. Executive Director of Public Works Mark Van Vleck, Assistant City Manager Date Date Operating Department (Street) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-64786 Date Filed: 06/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Haas-Anderson Construction, Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E14021 Citywide Street Overlay IDIQ Program Year 2 Work Specific to CR 52 from CR 69 to Highway 77 Change Order No. 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Haas, Darryl Corpus Christi, TX United States X Anderson, Jim Corpus Christi, TX United States X Parish, Jim Corpus Christi, TX United States X Lamon, Tim Corpus Christi, TX United States X Cullen, Drew Corpus Christi, TX United States X Moore, Randall Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. E. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. r LEE ANN CAVETT i 3111 ),.; NOTARY PUBLIC ,,/ � COMNINION EMUS: ," 12-18-2017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said L...\)': r> ;,.t, ,I + this the 0A day of 20 1 (7.. , to certify which, witness my hand and seal of office. , \ i 1 i L +.0-, r L.,,,' ',,, '.Q•_. L ...,-, ., t--. i'-‘ ; - ' il Signature of officer administering oath Printed name of officer administering oath Title of officer administelring oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Public Hearing for the City Council Meeting of June 21, 2016 DATE: June 16, 2016 TO: Margie C. Rose, Acting City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Public Hearing - Proposed Charter Amendments for November 8, 2016 Election CAPTION: Public hearing to discuss and consider proposed Charter Amendments for the November 8, 2016 Special Election with possible action. PURPOSE: The Charter Review Ad Hoc Committee has submitted a final report outlining 11 proposed charter amendments for the Council's consideration. The public hearing will provide an opportunity for public comment regarding the proposed charter amendments. The Council will take these comments under consideration as they determine which charter amendments to place on the November 8, 2016 ballot. BACKGROUND AND FINDINGS: The Charter Review Ad Hoc Committee was appointed by the City Council in September 2015 to consider options for funding the reconstruction and maintenance of residential streets, options for lengthening the elected terms of the City Council, and other items necessary to update the City Charter. The Committee met monthly to review the different sections of the City Charter, solicit public input, consider terms of office and the provisions applicable to the City Council, consider street funding options, and consider various "housekeeping" items recommended by City staff to update the City Charter. The committee recommended 11 propositions for approval by the voters in the November 8, 2016 election in their final report (see attachment). Proposition 1 is designed to provide an additional funding option for residential street reconstruction. Proposition 2 provides that the Mayor Pro Tem shall be the Council Member elected At Large who received the highest number of votes, rather than rotate the mayor pro tem responsibilities as is the current practice. Proposition 3 would set new maximum limits for the annual compensation of the Mayor and City Council members but provide that they not go into effect until 2022. Propositions 4 through 11 address various "housekeeping" issues in the Charter in order to bring it up to date and in conformity with current State law. OTHER CONSIDERATIONS: Per state law, the City Charter only be amended once every two years. The Council is scheduled to consider an ordinance calling for the November 8, 2016 election on first reading August 9; and second reading on August 16. DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue Capital 0 Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): None Comments: None LIST OF SUPPORTING DOCUMENTS: Final Report Powerpoint FINAL REPORT CHARTER REVIEW AD HOC COMMITTEE 2015-16 Members John Bell, Chair Armando Chapa Larry Elizondo, Sr. Butch Escobedo Mayor Emeritus Henry Garrett Brent Hess Oscar Martinez Pastor Richard Milby Jay Reining LIST OF PROPOSITIONS Proposition 1. Establishing a Dedicated Fund To Be Used Solely for Residential Street Reconstruction and Authorizing the City Council To Levy, Assess And Collect A Property Tax Not To Exceed Six Cents ($0.06) Per One Hundred Dollars ($100.00) Of Assessed Value For The Purpose Of Residential Street Reconstruction, Said Taxes To Be Maintained In This Dedicated Fund And Used Solely For The Purpose Of Residential Street Reconstruction, And Said Taxes to Be Gradually Implemented at a Rate of Not More Than Two Cents ($0.02) Per One Hundred Dollars ($100.00) Per Year. Proposition 2. Providing That The Mayor Pro Tem Shall Be The Council Member Elected At Large Who Received The Highest Number Of Votes. Proposition 3. Adjusting Total Annual Compensation For The Mayor To $24,000 And Total Annual Compensation For Each Council Member To $18,000, and Eliminating All Other Forms of Compensation, To Be Effective With The City Council Elected In 2022. Proposition 4. Allowing For Procurement Of Contracts For Independent Auditor With Terms Up To Five Years. Proposition 5. Providing For The Appointment Of Two Alternate Members To The Civil Service Board. Proposition 6. Eliminating The Prohibition On City Employees Filing For Nomination Or Election To Municipal Public Office To Comply With Texas Local Government Code Section 150.041. Proposition 7. Providing Authority To Issue Bonds In Accordance With The Laws Of The State Of Texas. Proposition 8. Clarifying The Approval Process For Leases, Updating The Statutory Reference, And Eliminating the Waiting Periods for Leases and Lease Amendments Which Do Not Exceed 5 Years. Proposition 9. Repealing An Unnecessary Provision Regarding Untreated Water Supply Contracts. Proposition 10. Updating Legal References In The General Powers Section And Clarify The General Powers. Proposition 11. Clarifying The Procedures Regarding Purchases And Contracts in Conformity with State Law. 1 INTRODUCTION The Charter Review Ad Hoc Committee was appointed by the City Council in September 2015 to consider options for funding the reconstruction and maintenance of residential streets, options for lengthening the elected terms of the City Council, and other items necessary to update the City Charter. The Committee met monthly to review the different sections of the City Charter, solicit public input, consider terms of office and the provisions applicable to the City Council, consider street funding options, and consider various "housekeeping" items recommended by City staff to update the City Charter. The Committee considered the length of terms of office for the Mayor and City Council and options to lengthen the terms to three years or four years. The Committee also reviewed the option of electing the Mayor for a four-year term and maintain the City Council with two-year terms similar to what the City of Dallas has recently done. The three-year term option was problematic since elections would alternate between an even - numbered election year and an odd -numbered off year, resulting in a wide variation of voter turnout. The Committee considered lengthening the terms to four years, but the idea did not receive majority support. In order to extend the terms longer than two years, a provision in the Texas Constitution would have to be amended to allow longer terms of office when not all of the City Council is elected by a majority vote. The first step of the process, however, would be to determine whether the voters would support longer terms, but the Committee is not recommending that option at this time. Eleven propositions are recommended for approval by the voters at the November 8, 2016, election. A summary of the analysis for each proposition is included in the following report. Proposition 1 is designed to provide an additional funding option for residential street reconstruction. Proposition 2 provides that the Mayor Pro Tem shall be the Council Member elected At Large who received the highest number of votes, rather than rotate the mayor pro tem responsibilities as is the current practice. Proposition 3 would set new maximum limits for the annual compensation of the Mayor and City Council members but provide that they not go into effect until 2022. Propositions 4 through 11 address various "housekeeping" issues in the Charter in order to bring it up to date and in conformity with current State law. The Committee held eight different meetings addressing various provisions of the Charter and receiving public input during the public comment period at each session. The Committee additionally received briefing materials on each issue including information on similar Charter provisions of other Texas cities. The Committee's work concluded with a public review of the Draft Final Report on April 25, 2016, and a final meeting on June 2, 2016. The following Final Report is the result of the above meetings, hearings and studies in which all points of view were considered and the different ways of doing things in other cities were compared and analyzed. The Committee was not unanimous in all of its votes on the different propositions, but the Committee agrees that this Final Report represents the 2 sum of its efforts on behalf of the community in making a careful study of our existing City Charter and identifying the provisions in need of review and amendment. PROPOSED CITY CHARTER AMENDMENTS Proposition 1. Establishing a Dedicated Fund To Be Used Solely for Residential Street Reconstruction and Authorizing the City Council To Levy, Assess And Collect A Property Tax Not To Exceed Six Cents ($0.06) Per One Hundred Dollars ($100.00) Of Assessed Value For The Purpose Of Residential Street Reconstruction, Said Taxes To Be Maintained In This Dedicated Fund And Used Solely For The Purpose Of Residential Street Reconstruction, And Said Taxes to Be Gradually Implemented at a Rate of Not More Than Two Cents ($0.02) Per One Hundred Dollars ($100.00) Per Year. Summary The City currently is in the process of implementing a broad-based street repair program to address the long-term effects of deferred maintenance affecting all roadways in the City, including major arterial streets, collector streets, and local and residential streets. The recently enacted street maintenance fee was designed to fund maintenance of all classifications of streets. Additional funds are collected from the RTA and through the industrial district contracts to fund street needs. For major street reconstruction projects, the City currently uses periodic bond programs to finance these projects over time with a dedicated property tax for debt service. The remaining component of fixing the street problems is addressing the needs of local and residential streets reconstruction. Although some funds have been allocated for these streets in the past, no specific, long-term funding source has been identified for this priority. Estimates of addressing this need range from $700 million to $800 million. The Ad Hoc Residential Streets Committee has confirmed that failure to keep up with a consistent maintenance program results in the costs of street maintenance to increase dramatically. In its final report, the Ad Hoc Residential Streets Committee identifies four funding options ranging from $10 million to $20 million of new funding per year to address residential and local streets with part of those funds to be used for reconstruction and the remainder for repairs. The Committee looked at several different funding options in order to address this need. An increase in the motor fuels tax would require authorization by the Texas Legislature, and it has refused to allow any such authorizations even on a local option basis. Increasing motor vehicle registration fees also would require Legislative authorization. Basically, the Texas Legislature has not been willing to provide any new types of taxing authority for local governments, even on a local option basis. Budget cuts also cannot address a problem of this magnitude without cutting other core City services. During the economic downturn of the 1980's, the City's commitment to police, fire and emergency medical services held firm while all other municipal 3 functions, including streets, contracted. The City cannot achieve significant budget reductions in order to fund residential and local streets without negatively impacting police, fire, or emergency medical services. Other municipal functions such as libraries, parks and museums already have been dramatically reduced, and budget reductions are continuing with the privatization of the Corpus Christi Museum and the sale of various neighborhood parks. The Committee proposes the creation of a new, dedicated property tax that would generate funds to be placed in a restricted fund and used solely for residential street reconstruction as the best available funding source for a major part of this need. This proposed Charter amendment provides for the creation of a dedicated fund and the authorization of a property tax to be used solely for residential street reconstruction. The dedicated fund is different from the existing special fund for residential and local street reconstruction since the restriction would be in the City Charter and not subject to change by future city councils. The new property tax established would be outside the 68 -cent tax cap, since it will be a special voter -approved tax and designed not to impact the City's ability to address its maintenance and operations needs and its general bond rating. Due to State law limitations, the City Council would not be able to levy the full tax immediately, but it would have to be implemented gradually over a period of years. The proposed tax rate maximum of six cents would raise approximately $10.2 million annually in additional funding, and the Charter amendment restricts this funding to residential street reconstruction costs only. The Committee believes that the problem of addressing the maintenance and reconstruction needs for local and residential streets cannot be solely funded by property taxes, and a larger tax increase would make the proposition more difficult to gain voter approval. A multi -part strategy needs to be developed with additional funding sources in order to address the needs for non- residential, local street reconstruction and increased residential and local street maintenance. In addition to those needs, funding will have to be developed for any needed utilities improvements and the City's administrative costs in effectively managing these projects. The Committee noted that the street maintenance fee has not been adjusted since it was enacted three years ago and other fees such as residential garbage collection charges could be increased to generate more funding. The proposed amendment would establish a funding component that would be a significant measure in addressing the needs of residential street reconstruction. It would need to be implemented gradually in order to avoid rollback elections and limit the impact on property taxpayers. With the two -cents per year cap on annual increases, the increased burden on a property with a $100,000 taxable value would be $20.00 per year. Due to the limitations of State law and the fluctuation of appraised values each year, it would take several years for the City to implement this new program, but the Committee believes that the community would benefit from this new funding source for residential street reconstruction with the protection of an overall cap of $60.00 in increased property taxes on a property with a $100,000 taxable value. Actual Text Amendment 4 Adoption of Proposition No. 1 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax -supported obligations which are authorized by the voters of the city at an election held after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. (c) (d) If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. (d) (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. 5 (e) (fD The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. Proposition 2. Providing That The Mayor Pro Tem Shall Be The Council Member Elected At Large Who Received The Highest Number Of Votes. Summary Currently, the mayor pro tem is selected by the City Council on a rotating basis with each Council member serving as mayor pro tem at some point during the two-year term of office. In the event of the disability of the mayor, under Article II, Section 5, the mayor pro tem serves as mayor. A separate provision in Article II, Section 12, specifies that in the event of a vacancy in the office of mayor, the successor will not be the mayor pro tem but the Council member elected at large who received the highest number of votes. Mayor Emeritus Henry Garrett made the point that the both the City and the mayor would benefit from stability in the position of mayor pro tem by having a Council member involved more directly on a consistent basis with the various functions and responsibilities of the mayor. While different ceremonial functions could continue to be spread around for all council members to handle from time to time, the position of mayor pro tem would become a tenured position during the entire two-year term of office filled by the Council member elected at large who received the highest number of votes. That consistency would eliminate the risk inherent in Section 5 concerning the disability of the mayor that the position of mayor could be filled on an extended basis by a Council member not elected by the entire City. The provisions on succession would be further revised to provide that in the event of a vacancy in the office of the mayor, the mayor pro tem would succeed to the office of mayor, and the next highest vote -getter at large would then become the mayor pro tem. Actual Text of Amendment Adoption of Proposition No. 2 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 4, as follows: Sec. 4. - The mayor pro tem. (a) The city council shall nominate and confirm one of the council members who by reason of being or acting as mayor pro tem. The mayor pro tem shall be the council member elected at large who received the highest number of votes at the City Council election. He or she shall receive no extra pay by reason of being or acting as mayor pro tem. 6 (b) Whenever a regular or special meeting is scheduled to be held and both the mayor and mayor pro tem are absent, a majority of the council members present may proceed to elect one of those present as acting mayor for such meeting who shall preside and discharge the duties of the mayor. The absence of the mayor and mayor pro tem shall be noted in the minutes with a short statement of the reason for absence, if known. (c) When it is anticipated that both the mayor and mayor pro tem will be absent from the city, or unable to perform the duties of the office of mayor on the day of the meeting of the city council, the council by a majority vote shall name a member to be mayor pro tem for the particular meeting, and he or she shall be entitled to perform the duties and have the powers of the mayor on such occasion. (d) If the mayor pro tem takes office as mayor pursuant to Section 12 below due to vacancy in office of mayor, then the new mayor pro tem shall be the council member elected at large council member who received the next highest number of votes. Proposition 3. Adjusting Total Annual Compensation For The Mayor To $24,000 And Total Annual Compensation For Each Council Member To $18,000, and Eliminating All Other Forms of Compensation, To Be Effective With The City Council Elected In 2022. Summary In 1975, the voters approved a Charter amendment increasing city council compensation from $50 per meeting to $100 per meeting subject to a $6,000 annual limit, with the mayor receiving an additional $3,000 stipend. In 1987, as part of an overall reorganization and simplification of the Charter, the voters approved an amendment setting the council members' compensation at a flat level of $6,000 and the mayor's compensation at $9,000. As a result, the economic benefit of serving on the city council has been held at the same basic level since 1975. The Committee recognizes that persons serving on the Council are not serving for the money, but the low stipend serves as a limit as to who can afford to serve on the City Council. In order to be able to serve on the City Council without undue hardship, persons need to be independently wealthy, retired, or have a job that affords them the flexibility to spend a full day or more away from work each week without being penalized with a salary reduction. In addition to the above salary, the Council members each receive a car allowance of $350 per month, or $4,200 per year, and the mayor receives a car allowance of $450 per month, or $5,400 per year. Also, some Council members participate in the City's health insurance program. The monthly premium subsidy ranges from $6,000 to $12,000 per year depending upon the type of coverage selected. 7 The Committee voted to set an overall compensation limit of $18,000 per year for Council members and $24,000 per year for the mayor. For Council members who currently only receive the $6,000 annual amount and car allowance of $4,200 annually, the change would result in a $7,800 increase in compensation. For those participating in the City's health insurance program, the change may not result in any significant increase or could even be a reduction in benefits. For the mayor who currently receives a $9,000 salary and $5,400 car allowance, the change would result in a $9,600 increase. The Committee also wanted to clarify the issues concerning car allowances, health insurance, and any other benefits available to the mayor and members of the Council by making these limitations on all compensation, inclusive of any of those other benefits. The new compensation limits would go into effect immediately after the election and qualification for office of the city council elected in 2022 so that none of the currently -serving Council members would be voting on an amendment that would increase their compensation. Actual Text of Amendment Adoption of Proposition No. 3 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 7, as follows: Sec. 7. - Compensation. (a) Each member of the city council, with the exception of the mayor, shall receive as total compensation the sum of six thousand dollars ($6,000.00) eighteen thousand dollars ($18,000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (b) The mayor shall receive as total compensation the sum of nine thousand dollars ($9,000.00) twenty-four thousand dollars ($24,000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (c) No car allowances, health insurance or other forms of compensation are permitted. (d) The provisions of this section shall become effective immediately after the election and qualification for office of the first city council following its adoption with the City Council elected in 2022. Proposition 4. Allowing For Procurement Of Contracts For Independent Auditor With Terms Up To Five Years. Summary Currently, the City Charter limits the procurement of outside auditing contracts to no more than three years. The language also includes the statement "without requiring 8 competitive bids" which is not relevant according to state law that requires such contracts to be based on qualifications. The City's internal auditor and financial services staff recommend authorizing up to five-year contracts for the outside auditor in order to match what they consider to be the optimum cycle for procurement of outside auditing services. Actual Text Amendment Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, procure designate such accountant or firm annually or for a period not exceeding three five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. Proposition S. Providing For The Appointment Of Two Alternate Members To The Civil Service Board. Summary The Civil Service Board is comprised of three members appointed by the City Council to consider appeals from City employees of terminations and other major disciplinary actions. Although the Board does not meet frequently, when it needs to meet in order to consider a case, it is critical to have three members present in order to consider the appeal. Scheduling a hearing for the three volunteer citizens serving on the Board can be a difficult task due to work schedules and the need to conduct the hearings during the regular work day and within a designated time frame. The appointment of two alternative members to the Civil Service Board would allow the alternates to substitute for any of the three members and allow better flexibility in scheduling the required hearings. Having alternates also helps in the event that any board member cannot sit on a case due to a conflict. It is important always to have a panel of three members hearing any appeal in order to assure that there will be no tie votes in resolving cases. Actual Text Amendment 9 Adoption of Proposition No. 5 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. Proposition 6. Eliminating The Prohibition On City Employees Filing For Nomination Or Election To Municipal Public Office To Comply With Texas Local Government Code Section 150.041. Summary The Charter historically has allowed City employees to file as candidates for other public offices but has prohibited any City employee from filing as a candidate for the City Council and required termination of employment in such an event. The Texas Local Government Code has been amended specifically to allow municipal employees to run for city council positions, so this provision of the City Charter is no longer enforceable. The proposed amendment would conform the City Charter to state law. Actual Text Amendment Adoption of Proposition No. 6 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or 10 appointment to a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and administrative regulations. If any city employee shall file as a candidate for her employment with the city. Proposition 7. Providing Authority To Issue Bonds In Accordance With The Laws Of The State Of Texas. Summary The City Charter originally was the source of its authority to borrow funds through the issuance of bonds, but the State has standardized procedures applicable to municipalities in borrowing funds through various provisions in the Texas Local Government Code and Texas Government Code. Additionally, several other statutory provisions authorize the issuance of special revenue bonds for different purposes. This amendment would eliminate the detailed specifications concerning the issuance of bonds by the City and simply state that the City may issue bonds in the manner provided by the laws of the State of Texas. Actual Text of Amendment Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: Sec. 2. Authority to Issue Bonds (a) The city council shall have the power and authority by resolution duly passed, to borrow money on the credit of the city and may issue bonds of the city therefor. It shall also have the power and is hereby authorizcd to issuc bonds for the purpose of refunding outstanding bonds of the city. (b) No bonds shall be issued for a term of longer than one year or to refund aggregate amount to be paid on refunding, principal and interest, will exceed the aggregate amount due, principal and interest, on the entire outstanding bonds proposed to be refunded, unless approved by a majority vote of the qualified voters of the city voting at an election called for such purpose, except as authorized by state law. 11 (c) No bonds shall be issued drawing more than the maximum rate of interest per annum authorized by state law. (d) The Bond and Warrant Law of 1931, as amended, shall govern the contracts of the city and revenue bonds, certificates of obligation, notes or warrants issued by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. Proposition 8. Clarifying The Approval Process For Leases, Updating The Statutory Reference, And Eliminating the Waiting Periods for Leases and Lease Amendments Which Do Not Exceed 5 Years. Summary Leases of the different public properties of the City are subject to the restrictions containing in Article IX of the City Charter, and they generally are divided between leases up to five years and leases longer than five years. A referendum procedure applies to certain leases longer than five years on the Bayfront. The proposed amendment clarifies some of the confusing language that has been created with different amendments over the years, and it updates the statutory reference for the referendum provision applicable to certain long-term leases on the Bayfront. It also simplifies the process for approving a simple amendment to a long-term lease that does not involve lengthening or expanding the scope of the lease. Actual Text of Amendment Adoption of Proposition No. 8 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. (a) Every ordinance granting, renewing, extending or amending or expanding a franchise or a lease of city property of the city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amending or 12 expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Section 282.003, Texas Government Code, Section 311.073, Texas Transportation Code, as amended now or in the future. (b) Notwithstanding any other provision of this Charter, any ordinance granting or authorizing the execution of a lease having a term of five years or less may be finally passed and the lease authorized without publication of any notice, and in cases of declaration of emergency may be passed without necessity of two readings. Proposition 9. Repealing An Unnecessary Provision Regarding Untreated Water Supply Contracts. Summary The City historically has been the primary provider of municipal water supplies in this region, and a provision was added to the Charter in 1968 giving the City specific authority to make contracts for the sale of untreated water for definite periods of time without the need for an election. Under existing State law, the City has sufficient authority to enter into contracts for the sale of both treated water and untreated water without the need for this specific Charter authorization. Elimination of this provision would not change any of the City's existing rights or obligations. Actual Text of Amendment Adoption of Proposition No. 9 would repeal City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 11, regarding water supply contracts which currently reads as follows: Notwithstanding any other provision of this Charter, the city may by ordinance, or in perpetuity. Every such contract shall contain a provision that the rate to be paid for the water furnished under such contract shall be the published rate at the time of taking or a provision that the rate shall be the average cost of water to the city for each respective year of the contract as determined by the city. The city's obligations under any such contract shall be construed to entitle the purchaser to only that portion of the city supply equal to thc ratio which the population of thc ar a purchasing water bears to the total Proposition 10. Updating Legal References In The General Powers Section And Clarifying the General Powers. 13 Summary The "General Powers" provisions of the Charter in Article X include a variety of general authorizations for the City applicable to municipal corporations generally. Several of the provisions require updating for the statutory references to State law to be accurate, and general provisions relating to taxes and assessments need to be updated to include fees charged by the City. Actual Text of Amendment Adoption of Proposition No. 10 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers presently enumerated in Article 1175, Texas Civil Statutes, and formerly enumerated in Article 1175, which have been codified in other provisions of Texas statutes and codes, and which may be added thereto at any time in the future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) To use a corporate seal. (2) To sue and be sued To sue in any court. (3) To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method. (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opened or closed except after notice by one publication in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chapter 102, Texas Local Government Code, and Chapters 312 and 313, Texas Transportation Code state law, as the samc may be 14 amended in the future, or other state law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. [Remainder of Section 1 left unchanged.] Proposition 11. Clarifying The Procedures Regarding Purchases And Contracts in Conformity with State Law. Summary Historically, cities contracted for goods and services based on a public bidding process established in the city's charter, but State laws have standardized the procurement systems and provided various options for requests for proposals, design - build contracts and other types of competitive procurements. The proposed amendment would eliminate language covered by State law in order to avoid confusion. Actual Text of Amendment Adoption of Proposition Amendment No. 11 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary; Pprovided, however, that as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. be competitively bid or proposed or based upon a procurement method authorized by state law. For any contract that is based on competitive bids or proposal, after approval of specifications by the city manager, advertisement of such contracts shall be published in a newspaper of general circulation in the city at least once in each week for two consecutive weeks, delivered in the manner required by the specifications. At the time announced in such notice, the bids or proposals shall be opened in the presence of one or more city 15 to be present, except that confidentiality may be provided in accordance with state law. The council shall determine the most advantageous bid or proposal for the city. The city shall be advertised in like manner as the original. (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. C:\Users\RebeccaH\Dropbox\City Secretary's Office\MARY'S OLD FILES\CHARTER\Charter Amendment 2015\Agenda Memos\16 Final Report 0606.docx 16 2015-16 Charter Review Ad Hoc Committee John Bell, Chair Armando Chapa Larry Elizondo, Sr. Butch Escobedo Mayor Emeritus Henry Garrett Brent Hess Oscar Martinez Pastor Richard Milby Jay Reining Proposition 1 Establishing a Dedicated Fund To Be Used Solely for Residential Street Reconstruction and Authorizing the City Council To Levy, Assess And Collect A Property Tax Not To Exceed Six Cents ($0.06) Per One Hundred Dollars ($100.00) Of Assessed Value For The Purpose Of Residential Street Reconstruction, ... Proposition 1 ... Said Taxes To Be Maintained In This Dedicated Fund And Used Solely For The Purpose Of Residential Street Reconstruction, And Said Taxes to Be Gradually Implemented at a Rate of Not More Than Two Cents ($0.02) Per One Hundred Dollars ($100.00) Per Year. Proposition 1 • $10 to $20 million new funding need • Other revenue sources not available • Budget cuts alone cannot fund it • New dedicated fund to be created with funding exclusively for residential street reconstruction Proposition 1 • 6 cents would raise $10.2 million • ($60 per year on $100,000 valuation) • Implement gradually at < 2 cents/year • Still subject to rollback provisions • Other revenues/savings needed Proposition 2 Providing That The Mayor Pro Tem Shall Be The Council Member Elected At Large Who Received The Highest Number Of Votes. • Stability needed in mayor pro tem • Ceremonial functions could be shared • Addresses issue of disability of mayor Proposition 3 Adjusting Total Annual Compensation For The Mayor To $24,000 And Total Annual Compensation For Each Council Member To $18,000, and Eliminating All Other Forms of Compensation, To Be Effective With The City Council Elected In 2022. Proposition 3 • Current compensation set in 1975 • Car Allowances of $4,200 to $5,400 • Some participate in City health benefit of $6,000 to $12,000 • New overall limit of $18,000/$24,000 • No other compensation allowed • Effective date delayed to 2022 Proposition 4 Allowing For Procurement Of Contracts For Independent Auditor With Terms Up To Five Years. • Current limit is three years • Five years is recommended optimum Proposition 5 Providing For The Appointment Of Two Alternate Members To The Civil Service Board. • Currently three members serve • Need for 3 -member panel in cases • Need for timely scheduling of cases • Allow replacements if conflicts arise Proposition 6 E liminating The Prohibition On City E mployees Filing For Nomination Or E lection To Municipal Public Office To Comply With Texas Local Government Code Section 150.041. • State law changed to disallow prohibition Proposition 7 Providing Authority To Issue Bonds In Accordance With The Laws Of The State Of Texas. • Texas laws created to provide authority to borrow funds Proposition 8 Clarifying The Approval Process For Leases, Updating The Statutory Reference, And Eliminating the Waiting Periods for Leases and Lease Amendments Which Do Not Exceed 5 Years. • Maintains referendum requirement for leases over 5 years • Updates statutory reference for petitions • Eliminates waiting period if under 5 years Proposition 9 Repealing An Unnecessary Provision Regarding Untreated Water Supply Contracts. • Separate authority for untreated water supply contracts not needed Proposition 10 Updating Legal References In The General Powers Section And Clarify The General Powers. • State laws codified or renumbered • Language clarified Proposition 11 Clarifying The Procedures Regarding Purchases And Contracts in Conformity with State Law. • State laws changed to allow different types of competitive procurements • Charter language out of date Terms of Office Considered the following: • Three-year terms (problem of off years) • Four-year term for mayor only (Dallas) • Four-year terms for all • Challenges in staggered • Need for Texas constitutional change QUESTIONS? AGENDA MEMORANDUM Public Hearing/1St Reading Ordinance for the City Council Meeting of June 21, 2016 2nd Reading Ordinance for City Council Meeting of July 12, 2016 DATE: 6/6/2016 TO: Margie C. Rose, Acting City Manager THRU: E. Jay Ellington, Interim Assistant City Manger JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 Public Hearing/1St Reading Ordinance regarding the City of Corpus Christi's proposed FY2016-2017 Consolidated Annual Action Plan. CAPTION: Ordinance to adopt the fiscal year (FY) 2016-2017 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs. To authorize the City Manager or designee to submit the FY2016-2017 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD. To authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2016-2017 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2016-2017 CAAP with organizations of approved projects. PURPOSE: Purpose of Public Hearing is to meet HUD requirements and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2016-2017 CAAP; the Ordinance will include the adoption of the proposed CAAP. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2013-FY2017 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2016-2017 CAAP. An initial public hearing was held at the City of Corpus Christi's City Hall on February 2, 2016. A second public hearing to receive additional input was held on February 8, 2016. The public hearing to be conducted on Tuesday, June 21, 2016 by the City of Corpus Christi's City Council will satisfy the requirement of the two required hearings, though three public hearings were held. The City of Corpus Christi has received official notification from the U.S. Department of Housing and Urban Development (HUD) of the FY2016-2017 funding allocation for the following programs. $2,404,066 Community Development Block Grant (CDBG) $221,468 Emergency Solutions Grant (ESG) $868,482 HOME Investment Partnerships Program (HOME) It is important to note that for FY2016-2017, CDBG will experience a 2.28% reduction, ESG will experience a 2.92% reduction, and HOME will experienced a 3.67% increase from prior year funding, based on the entitlement funding which will be received from HUD. An additional $1,000,000 generated from the Revolving Rehabilitation Loan Program will be made available to the CDBG Program for the continued self -funding of affordable housing programs. Additionally, $55,000 generated from Program Income for the Demolition Liens Program will be made available to the CDBG Program for continued funding of this program. Additional funding in the amount of $419,435 which was recaptured from previously funded projects that were unspent, have been made available to be reprogrammed to augment funding levels for the upcoming FY2016-2017 CDBG program allocations for a total funding level of $3,878,501. Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 174.1 million, of which approximately 20.9 million has been income generated by various programs administered by the Housing and Community Development Department. The ESG Program will have an allocation amount of $221,468 for FY2016-2017. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Homeless Prevention and Rapid Re -Housing activities. Homeless Prevention activities assist individuals and families who are currently homeless but are at high risk of becoming homeless "but for" this assistance. Rapid Re -Housing activities assist those individuals and families with rapidly rehousing those who are homeless back into permanent housing "but for" this assistance. Commencing in 1987, the City of Corpus Christi has received in excess of $4.1 million in funding for ESG services. The HOME Program will have an allocation amount of $868,482 as a funding level from entitlement funds to be received, with an additional $350,000 being made available for reprogramming from previously funded recaptured program funds for a preliminary estimated funding amount of $1,218,482 for the FY2016-2017 Budget Year. The HOME Program was initiated in 1992 with the mandate to increase and improve affordable housing opportunities; HOME funds totaling $36.7 million have been utilize to fund Rental and Home Ownership programs in addition to the rehabilitation and reconstruction of affordable housing within the City of Corpus Christi. Of the $36.7 million in HOME funding, approximately $4.6 million of those funds have been made available from previous loans as generated program income; these funds have been utilized to augment available funding. The FY2016 CAAP represents the fourth annual action plan of the developed five-year (FY2013-FY2017) Consolidated Plan and is the application for HUD for funding for the CDBG, ESG, and HOME Programs. The FY2016 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community developed objectives. The Housing and Community Development Department adopted a timeline that provides for public hearings during Technical Assistance Workshops which were held on February 2, and February 8, 2016 to be followed by the City Council public hearing on June 21, 2016. Citizens' public comment period begins on June 20, 2016 and ends July 20, 2016, for the FY2016 CAAP. Subsequently, adoption of the CAAP is scheduled for July 12, 2016, allowing timely submission of the program to HUD. The proposed FY2016 CAAP has been developed according to HUD regulations. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing so that staff may outline the FY2016-2017 CAAP's eligibility criteria for the programs and staffs recommendations. Housing and Community Development held five Technical Assistance Workshops on January 7, 2016 and February 2 (two designated times), 8, and 17, 2016, and two Technical Assistance Workshops which included a Public Hearing on February 2 and 8, 2016. Also held were two Neighborhood Meetings, in conjunction with Technical Assistance Workshops, on February 8 and 17, 2016 at Corpus Christi City Hall. The public hearing date with City Council was also disclosed at this time. The FY2016-2017 Consolidated Annual Action Plan will be submitted to HUD on August 12, 2016 following the required 30 day citizen comment period. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY / NON -EMERGENCY: This item is non -emergency DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2016-2017 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: At the conclusion of public hearing, the City Council may, at their discretion, discuss any and all recommendations and provide direction on the projects/activities to be funded under the FY2016-2017 CAAP LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation CDBG Attachment D FY2016-2017 ESG Attachment D FY2016-2017 HOME Attachment D FY2016-2017 Ordinance to adopt the fiscal year (FY) 2016-2017 Consolidated Annual Action Plan (CAAP), for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to submit the FY2016-2017 CAAP to the U.S. Department of Housing and Urban Development (HUD), and to amend if required by HUD; to authorize the City Manager or designee to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2016-2017 CAAP projects and further to execute funding agreements and all other documents necessary to implement the FY2016-2017 CAAP with organizations for approved projects. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on February 2 and 8, 2016, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, June 21, 2016. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council has determined that this Ordinance would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2016-2017 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2016-2017 CAAP to HUD, and • to amend the FY2016-2017 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the grants from HUD into the Grant Fund No. 1059 for the approved FY2016-2017 CAAP, and • to execute funding agreements and all other documents necessary to implement the FY2016-2017 CAAP with organizations for approved projects. @BCL@800695DC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Chad Magill Rudy Garza Colleen McIntyre Mark Scott Michael Hunter Brian Rosas Lucy Rubio Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Chad Magill Rudy Garza Colleen McIntyre Mark Scott Michael Hunter Brian Rosas Lucy Rubio Carolyn Vaughn PASSED AND APPROVED this day of , 2016 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: Rebecca Huerta City Secretary @BCL@800695DC Nelda Martinez Mayor CITY COUNCIL -Public Hearing/ 1St Reading Ordinance Staff Recommendations for the FY2016-2017 CRAP City Council June 21, 2016 Staff Recommendations - CDBG FY2016 City Departments • HCD - CDBG Program Administration (Community Development - $460,000 • HCD - Rehabilitation Services (Housing Division) - $847,000 • HCD - Minor Home Repair Grant Program - $200,000 • HCD - Single Family Rehabilitation - $800,000 • HCD - Appliance Replacement Grant Program - $200,000 • Parks and Recreation - Sacky Park Improvements - $184,469 • Parks and Recreation - Ben Garza Park Improvements - $200,000 • Police - Code Enforcement Program - $307,032 • Police - Demolition Program - $100,000 • Police - Clearance of Vacant Properties Program - $100,000 1 Staff Recommendations - CDBG FY2016 Non -Profit Agencies • Boys and Girls Club of the Coastal Bend - $200,000 • Catholic Charities of Corpus Christi - $150,000 • Corpus Christi Hope House - $130,000 Staff Recommendations - ESG FY2016 • City of Corpus Christi - ESG Admin Cost - $16,468 • Catholic Charities of CC - $30,000 • Corpus Christi Hope House - $30,000 • South Texas Substance Abuse Recovery Services, Inc. (STSARS) - $30,000 • Corpus Christi Metro Ministries - $30,000 • The Salvation Army - $30,000 Staff Recommendations - HOME FY2016 • HOME Administration/ Technical Assistance - $86,848 • Homebuyer Assistance Program - $200,000 • Veterans Minor Home Repair Program - $250,000 • Habitat for Humanity - $200,000 • Affordable Housing Project/ Program - $250,000 • HOME Program Set-aside funds - $231,634 QUESTIONS? ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2016 ANNUAL ACTION PLAN RECOMMENDED FY2016 CDBG PROGRAM FY2016 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens Program Income from Rehabilitation Program (Revolving Loan Fund estimate) TOTAL FUNDS AVAILABLE FOR FY2016 CDBG PROGRAM $2,404,066 $419,435 $55,000 $1,000,000 $3,878,501 # PROJECT & DESCRIPTION Staff Recommendation City Council Adopt 1 HCD - CDBG Program Administration This project will fund 5.25 FTE staff salaries and administrative costs: 1 Administrator, 1.75 -Sr. Management Assistants (1 at 100% and 1 at .75%), and 2 -Contract Administrators (1 at 100% and 1 at 50%). Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal wage rate requirements. The amount indicates 19% of allowed 20% of administrative costs. $460,000 2 HCD - Rehabilitation Services This is the operating budget for 16 FTE staff that service the various housing programs administered by HCD: 1 -Director (at 60%), 2 -Program Managers, 4 -Property Advisors, 4 -Loan Officers, 1 -Mortgage Servicing Aide, 1-Managment Assistant (at 40%), 1-Managment Aide, and 2 Sr. Staff Assistants. The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Appliance Replacement Grant Program, Veterans Minor Home Repair Grant Program, Veterans Single Family Rehabilitation Loan Program, Homebuyer Assistance Program, the Type A Homebuyer Program, and Mortgage Servicing which manages the servicing of 800 loans provided through the Single Family Rehabilitation Loan Program. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and development of specifications and drawings. $847,000 3 HCD - Minor Home Repair Grant Program Minor repair grants up to $15,000 for repairs which include lead based paint testing as required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 62 years old or older or disabled. Program Income - $200,000 $200,000 1 # PROJECT & DESCRIPTION Staff Recommendation City Council Adopt 4 HCD - Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Program Income - $800,000 $800,000 5 HOD - Appliance Replacement Grant Program The Appliance Replacement Grant Program is designed to provide energy efficient appliances for low- and very low-income homeowners. Eligible applicants will be homeowners already income and program approved and receiving assistance from the Single Family Rehabilitation Program. The grant will provide up to $6,000 per home which will cover the installation of energy efficient top load washer/dryer, refrigerator, and oven, as well as the removal of the existing non-working or energy pffiripnt annlianrac $200,000 6 Parks and Recreations - Sacky Park Improvements The Sacky Park Improvements Project will include the construction of a new playground to serve youth ages 2-12 years old, outdoor fitness equipment for teens and adults, new park benches and picnic tables, trees and a split rail fence around the perimeter of the park to protect the improvements and to prevent access by vehicles. The department will work with a playground and park amenity manufactuer to provide and install all of the improvements. $184,469 7 Parks and Recreation - Ben Garza Park Improvements The Ben Garza Park Improvments Project will include the improvement of two existing youth baseball/softball fields, outdoor fitness equipment for teens and adults, new park benches and picnic tables, trees and a split rail fence around the perimeter of the park to protect the improvements and prevent access by vehicles. The department will work with a playground and park amenity manufacturer to provide and install all of the structural improvements and a landscape company for the improvements to the ballfields and trees. The park is listed as a major investment park for the 2012 Parks and Recreation Master Plan. As use of the park improves and neighbors are encouraged to connect with each other, it can serve as a base line for combating crime in the area. The department will also partner with the Police Athletic League to schedule games and practices at the ballfields. $200,000 8 Police - Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 6 full time employees (FTE's): 5-Code Enforcement Property Advisors (100%) and 1- Senior Account Clerk/Administrative Support (100%) which includes a total of $307,032. Funding will be for salaries and approximately $10,000 for training through classes, seminars and/or conferences for education opportunities, and for certifications required for code enforcement. The CE Property Advisors are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy-five (75) health, safety, and welfare related City Codes. All CDBG eligible census tracts in the city meet, per Resolution, HUD's criteria for a deteriorating area and meet the national objective of serving the low income citizens. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors by processing compliance requests through the mail and researching property owner's name and address. $307,032 2 # PROJECT & DESCRIPTION Staff Recommendation City Council Adopt 9 Police - Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Program Income: $55,000 $100,000 10 Police - Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. $100,000 3 # PROJECT & DESCRIPTION Staff Recommendation City Council Adopt CDBG NON-PROFIT ORGANIZATIONS Request Staff Recomm Boys & Girls Club of the Coastal Bend Funds requested will renovate a current exercise room into a Teen Center and install an HVAC system; install fire monitoring system, install bleachers in the gym, and repave the front parking lot. $200,000 $200,000 2 Catholic Charities of Corpus Christi Funds requested are for the construction of two concrete accessible concrete ramps, parking and a gate for the newly relocated Catholic Charities of Corpus Christi. The main ramp will be 700 sq. ft. and the second ramp will be 300 sq. ft. $150,000 $150,000 3 Corpus Christi Hope House Funds requested will renovate handicapped entrance to the office with a non -slip covering; remove/replace drywall in throughout shelter; remove damaged floors/replace floors in office/office bathroom and replace floors in Apartments 2 and 3; upgrade all doorknobs and locks for safety; upgrade perimeter fencing for security/safety; and renovate garage in a laundry room for clients with handicap accessibility. Capital Contribution: $20,000 $130,000 $130,000 Total Non -Profit $480,000 $480,000 $0 Total City Projects $3,398,501 $3,398,501 $0 Overall Total $3,878,501 $3,878,501 $0 4 ATTACHMENT "D" RECOMMENDED FY2016 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2016 ESG Allocation $221,468 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt 1 City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested to fund a staff person at .50 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. $16,468 $16,468 2 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium-term rental assistance. $30,000 $30,000 3 Corpus Christi Hope House Funding requested for the ESG Activity Components of Homeless Prevention -Case Management and short and medium term rental assistance; and Rapid Re -housing Case Management and short and medium term assistance. $30,000 $30,000 4 South Texas Substance Abuse Recovery Services, Inc. (STSARS) Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium-term rental assistance. $30,000 $30,000 5 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. $30,000 $30,000 6 The Salvation Army Funding requested for the ESG Activity Components of Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. $30,000 $30,000 Overall Total** $166,468 $166,468 $0 ** $55,000 has been set-aside from FY2016 to be associated with a resource for Homelessness 1 ATTACHMENT"D" RECOMMENDED FY2016 HOME PROGRAM FY2016 HOME Allocation $868,482 Reprogrammed Funds $350,000 TOTAL FUNDS AVAILABLE FOR FY2016 HOME PROGRAM $1,218,482 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt 1 HOME Administration/Technical Assistance Administrative funds for .75 FTE staff, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in request. Technical assistance will be provided to enhance the capacity of CHDO's, non -profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10% of the allowed 10% for administrative costs. $86,848 $86,848 2 Homebuyer Assistance Program Provide deferred forgivable loans to low income homebuyers up to $5,000 to assist them with the closing costs for the purchase of a home. $200,000 $200,000 3 Veterans Minor Home Repair Program The Veterans Minor Home Repair Program assists veteran homeowners with repairs involving roof, plumbing, electrical, heating, or minor structural repairs. The maximum grant amount is up to $15,000. The applicant must provide either the DD214 or Veteran ID card, have title in their name and reside in the home one year prior to applying for assistance, must be current on all taxes and must meet the HUD HOME Program income limits. $250,000 $250,000 INTERDEPARTMENTAL TOTAL $536,848 $536,848 NON- PROFIT ORGANIZATIONS - Funding determination will be made no Tater than September 1, 2016 1 Habitat for Humanity Habitat for Humanity Corpus Christi is proposing to use HOME funds to assist with the construction costs of ten (10) homes for low income families (30% - 60% AMI) during the 2017-2020 build years. Specifically, $20,000 will be applied to each home build for construction cost assistance. Total project cost: $750,000 $200,000 $200,000 2 Affordable Housing Project/Program Funding proposed will provide for a project and/or program for the continued efforts of the City of Corpus Christi to provide safe and affordable housing to individuals and families within the city limits. The funding will assist in identifying affordable housing needs in the community and allow for funding to assist such projects and/or programs. $250,000 $250,000 3 TG 110 - Calallen Apartments* (CHDO) Calallen Apartments, to be located on 14800 Northwest Blvd, is a proposed affordable housing multi -family community consisting of 94 units to serve low-income families, seniors, and individuals. The development will be financed primarily through the Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Calallen Apartments will propose to serve residents at 30%, 50%, and 60% area median income. Total project cost: $16,474,498 $300,000 4 TG 110 - Samuel Place Apartments* (CHDO) Samuel Place Apartments, to be located on 4315 Carroll Lane, is an affordable housing multi -family community consisting of 60 units which serve low-income families, seniors and individuals. The project will propose to demolish and redevelop the existing complex. The development will be financed primarily through The Texas Department of Housing and Community Affairs' Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Samuel Place Apartments will serve residents at 30%, 50%, and 60% area median income. Total project cost: $13,505,964 $200,000 CHDO Total $500,000 $0 Other Entity $450,000 $450,000 1 # PROJECT & DESCRIPTION Request Staff Recomm City Council Adopt HCD Projects Total $536,848 $536,848 Overall Total $1,486,848 $986,848 Total Set -Aside to be determined no Tater than September 1, 2016 $231,634 *HOME Subrecipient Agencies who submitted HOME FY2016 funding will be awarded funding no later than September 1, 2016 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community 2 AGENDA MEMORANDUM Emergency Action Item for the City Council Meeting of June 21, 2016 DATE: June 10, 2016 TO: Margie C. Rose, Acting City Manager FROM: Steven Viera, Interim Director of Human Resources SteveV@cctexas.com (361) 826-3445 Health Plans Expenditure Budget Increase through Unreserved Fund Balance CAPTION: Ordinance appropriating $6,500,000 from the Unreserved Fund Balance in Fund No. 5610 Employee Health Benefits - Citicare; appropriating $845,863 from the Unreserved Fund Balance in Fund No. 5609 Employee Health Benefits - Police; appropriating $605,263 from the Unreserved Fund Balance in Fund No. 5608 Employee Health Benefits - Fire; amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $7,951,126; and declaring an emergency. PURPOSE: We are requesting additional expenditure budget to our Citicare, Citicare Fire and Citicare Police Health Plans to cover claims expenditures for the remaining FY16 budget period. BACKGROUND AND FINDINGS: In order to have adequate expenditure budgets in our health plans for the remainder of FY 2016, we need to request that additional expenditure budget be added to 5610 — Citicare in the amount of $6,500,000, 5609 — Police in the amount of $845,863, and 5608 — Fire in the amount of $605,263 for a total of $7,951,126. Expenditures have been higher than the actuaries anticipated. Cost overruns are largely due to changes required by the Affordable Care Act and cost surges in prescription drugs, emergency care, and inpatient hospitalization expenses. ALTERNATIVES: None, the City Health Plans must maintain the necessary funds to cover claims expenditures for the remaining FY16 budget. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: After adjusting for the increased expenditures, all fund balances maintain enough funding to remain compliant with the City's fund balance policy. EMERGENCY / NON -EMERGENCY: Requires an emergency reading. DEPARTMENTAL CLEARANCES: Budget FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $ 7,951,126.00 0 $ 7,951,126.00 BALANCE $ 7,951,126.00 0 $ 7,951,126.00 Fund(s): Transferring from Unappropriated fund balance/Ret earnings to Operating Budget Health Claims. RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Appropriating $6,500,000 from the Unreserved Fund Balance in Fund No. 5610 Employee Health Benefits - Citicare; appropriating $845,863 from the Unreserved Fund Balance in Fund No. 5609 Employee Health Benefits - Police; appropriating $605,263 from the Unreserved Fund Balance in Fund No. 5608 Employee Health Benefits - Fire; amending the FY2016 Operating Budget adopted by Ordinance No. 030620 to increase expenditures by $7,951,126; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $6,500,000 are appropriated from the Unreserved Fund Balance in Fund No. 5610 Employee Health Benefits - Citicare for funding the City's employee health benefits plan for the remainder of FY2016. SECTION 2. Funds in the amount of $845,863 are appropriated from the Unreserved Fund Balance in Fund No. 5609 Employee Health Benefits - Police for funding the City's police health benefits plan for the remainder of FY2016. SECTION 3. Funds in the amount of $605,263 are appropriated from the Unreserved Fund Balance in Fund No. 5608 Employee Health Benefits - Fire for funding the City's fire health benefits plan for the remainder of FY2016. SECTION 4. The FY2016 Operating Budget adopted by Ordinance No. 030620 is amended in accordance with this ordinance and the provisions of the Texas Local Government Code to increase expenditures by $7,951,126. SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Nelda Martinez Mayor Council Members The above ordinance was passed by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: TO: June 7, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Engineering Design Contract SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012) — Proposition 8 CAPTION: Motion authorizing the City Manager, or designee, to execute an Engineering Design Contract with LJA Engineering, Inc. of Corpus Christi, Texas in the amount of $157,806.71 for the SeaTown (aka S.E.A. District) Pedestrian Improvements project for engineering design services. (Bond 2012, Proposition 8). PURPOSE: The purpose of this Agenda Item is to execute an Engineering Design Contract with LJA Engineering, Inc. of Corpus Christi, Texas for the SeaTown (aka S.E.A. District) Pedestrian Improvements project. BACKGROUND AND FINDINGS: This project is part of Bond 2012 Proposition 8 — Economic Development Projects, which maximizes potential transit and safety along the corridor connecting the American Bank Center, Corpus Christi Science and History Museum, the Harbor Playhouse, Asian Cultures Museum, the Ortiz Center, Whataburger Field, Hurricane AIIy, and Brewster Street Ice House. BOND 2012 BROCHURE LANGUAGE: "SeaTown (aka S.E.A. District) Pedestrian Improvements - This project is the first phase in implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit, conducted in May 2012. It includes improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in this area." This project is the first phase of implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit conducted by the City of Corpus Christi in May 2012. This Walkability Audit included improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create favorable walking conditions in the SEA District. This project also addresses elements of the joint City/Metropolitan Planning Organization (MPO)/Regional Transit Authority (RTA) Pedestrian -Transit Master Plan prepared in November 2013 that provides for maximizing resources and funding. The MPO contribution from the Transportation Alternatives Program (TAP) is $1,200,000 (construction only) and the 2012 Bond contribution is $500,000. The preliminary engineering design completed an inventory of existing streets and surrounding areas with anticipated future use. The project components identified were sidewalks, driveways, curbs, ADA -compliant ramps, crosswalks and stop bars, planting strips, and bus stop infrastructure. The first phase of implementation includes Chaparral Street from Brewster Street to Harbor Drive and Brewster Street from Chaparral Street to Tancahua Street due to the heavy traffic in the area and lack of sidewalks along both sides of the streets. This contract includes the design of the improvements listed above as well as, surveying, public meetings, landscape design, preparation of record drawings, permitting and construction phase assistance. ALTERNATIVES: 1. Execute the Engineering Design Contract with LJA Engineering, Inc. as proposed. (Recommended). 2. Do not execute the Engineering Design Contract with LJA Engineering, Inc. as proposed. (Not Recommended). OTHER CONSIDERATIONS: LJA Engineering, Inc. of Corpus Christi, Texas was selected for this project as a result of RFQ No. 2012-03 Bond Issue 2012 and CIP Projects, dated August 31, 2012. CONFORMITY TO CITY POLICY: The Contract for Professional Services and selection process comply with the Professional Procurement Act and City Policy. LJA Engineering, Inc. was selected based upon qualifications, wide working knowledge of applicable project fundamentals, and understanding of project requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $640,000.00 $640,000.00 TxDOT (Construction Only) 1,200,000.00 1,200,000.00 Total Line Item Budget 1,840,000.00 Encumbered/Expended 88,900.00 88,900.00 Amount This item $157,806.71 $157,806.71 Future Anticipated Expenditures This Project 1,529,370.00 1,529,370.00 BALANCE $551,100.00 ($157,806.71) (329,370.00) $63,923.29 Fund(s) Bond 2012 Street Fund 3549 RECOMMENDATION: City Staff recommends the approval of the Engineering Design Contracts with LJA Engineering, Inc. of Corpus Christi, Texas for the SeaTown (aka S.E.A. District) Pedestrian Improvements project for engineering design services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Contract PROJECT BUDGET SeaTown (S.E.A. District) Pedestrian Improvements BOND 2012 - Proposition 8 FUNDS AVAILABLE: Bond 2012 Streets $ 500,000.00 Storm Water CIP 140,000.00 Texas Department of Transportation 1,200,000.00 TOTAL $ 1,840,000.00 FUNDS REQUIRED: Construction: Construction Estimate $ 1,170,000.00 Construction Contingency (10%) 117,000.00 Construction Inspection & Testing: Construction Inspection - (Estimate) 51,000.00 Construction Phase - Materials Testing Services 46,000.00 Design: A/E Consultant (LJA, Inc.) 207,796.71 Preliminary Design 49,990.00 Enginering Design (THIS ITEM) 157,806.71 Design Phase - Geotechnical & Materials Testing (Estimate) 9,200.00 A/E Consultant (Bath Engineering.) 16,880.00 Preliminary Lighting Design 16,880.00 Other: Corpus Christi Downtown Management District 55,000.00 Reimbursements: Total Reimbursements 103,200.00 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 46,000.00 Engineering Services (Project Mgt/Constr Mgt) 55,200.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 1,776,076.71 ESTIMATED PROJECT BUDGET BALANCE $ 63,923.29 1 a ill Ctifj 1D s Mary St Ruth Si Bo'tOrd Si Liparl St Market St Navigation Bid s:!�+ AVP Agnes St Hag st I1 Colerhan Ave Buford St LL N r -rt EAsk CH icr Texas Stale A1tinriI,l IJISS LeYirnr r,r1 Wh Brewster St. zcir464 g. Project Location z rb hris�i VICINITY MAP NOT TO SCALE Project Number: E12134 Sea Town Pedestrian Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012 —Proposition 8) Council Presentation June 14, 2016 Vicinity Map Corpus Chr'sti Engineering Project Location terc%) BreWS" o -% a cD S = g cri u-, Z 9- ,......,_ _ 181 , 11I1H- 307 3 3_ 1Z0ErTE:d3)r1 0g=Cffzz0a.ker, i 0 _ G2 2 Location Map tS6 Corpus Chrsti Engineering • iti!tPir 3 Project Scope Corpus Chr'sti Engineering This project provides improved pedestrian (mobility) access & Safety connecting key destinations in the SEA Town District including the American Bank Center, Corpus Christi Science and History Museum, the Harbor Playhouse, Asian Cultures Museum, the Ortiz Center, Whataburger Field, Hurricane Alley and Brewster Street Ice House. Work Includes : • New sidewalks along Brewster Street from Tancahua Street to Chaparral Street • New sidewalks along Chaparral Street from Brewster Street to Harbor Drive • New crosswalks and ADA ramps • Associated Landscaping Project Schedule Corpus Chr'sti Engineering 2016 2017 Jun Jul lAugl Sep Oct Novl Dec Jan I Feb Marl Apr 1Mayl Jun Jul lAugl Sep Construction Bid/Award Projected Schedule reflects City Council design award of SeaTown (AKA S.E.A. District) Pedestrian Improvements in June 2016 with construction completion in October 2017. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-50915 Date Filed: 05/05/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LJA Engineering, Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12134 Engineering and Surveying Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under r r • •.-• •f perjury, that the above disclosure is true and correct. ' �� , 1 DIANA C RAMIREZ My Commission Expires es November 11, 2017 � I Alli rt sP+ Signure of authorizedpof contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said il_J • ae 0 I JO vie.5 this the 6- day of J' I Ci Y , 20 / , to certify which, witness my hand and seal of office. Ci UZI.' .--- , 1 a li a C• m i re. Z rY1 ‘i0• S54-. Signature of officer ad istering oaPrinted name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www. eth i cs. state.tx. u s Version V1.0.1021 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 Engineering Services) and LJA Engineering, Inc., a Texas corporation, 820 Buffalo Street, Corpus Christi, Nueces County, Texas 78401 (local office), (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT SeaTown (aka S.E.A. District) Pedestrian Improvements (Bond 2012) — Project No. E12134 — This project includes the first phase in implementing recommendations from the Building Blocks for Sustainable Communities' Walkability Audit conducted by the City of Corpus Christi in May 2012. This Walkability Audit included improvements for Port Avenue, Mesquite Street, Brewster Street and Chaparral Street to create walkability in the SEA District. This project also addresses elements of the joint City/MPO/RTA Pedestrian - Transit Master Plan prepared in November 2013, that allows maximizing resources and funding. The MPO/TxDot contribution from the TAP is $1,200,000 and the 2012 Bond contribution is $500,000. The project components identified were sidewalks, driveways, curbs, ADA -compliant ramps, crosswalks and stop bars, planting strips, and bus stop infrastructure. The first phase of implementation includes Chaparral Street from Brewster Street to Harbor Drive and Brewster Street from Chaparral Street to Tancahua Street, since this section doesn't not currently have sidewalks along both sides of the street and is a heavily trafficked area. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit "A". In addition, Consultant will provide monthly status updates (project progress or delays 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 Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 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 Engineering Services. The Director of Engineering Services may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring Contract for Professional Services Page 1 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS \E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $157,806.71. Monthly invoices will be submitted in accordance with Exhibit "C". 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE Consultant agrees to comply with the insurance requirements in Exhibit B. 7. TERMINATION OF CONTRACT The City may terminate this contract for convenience upon seven days written notice to the Consultant at the address of record. The City may terminate this agreement for cause Contract for Professional Services Page 2 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS \E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. In the event of termination, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. 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. 9. ASSIGNABILITY The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant 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. 10.OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, inspection reports and submittal data will be the sole property of the City, may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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. 11.STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12. DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Contract for Professional Services Page 3 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS \E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS \LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC 13. CERTIFICATE OF INTERESTED PARTIES For contracts that exceed $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 14. CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15. ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement 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. 16. CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant - prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 4 of 5 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS \E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTS\LJA - ENGINEERING DESIGN CONTRACT\AE AGREEMENT LJA E12134.DOC CITY OF CORPUS CHRISTI LJ,A ENGINEERING, INC. 1 J. H. Edmonds, P.E. Date Pam: 1 Ve eto, P.E. Date Director of Engineering Services Vice President 820 Buffalo Street Corpus Christi, TX 78401 (361) 887-8851 Office APPROVED AS TO LEGAL FORM Legal Department Date ATTEST Rebecca Huerta Date City Secretary Fund Name Accounting Unit Account Activity No. Amount No. Streets Bond 2012 3549-051 550950 E12134013549EXP $157,806.71 Total $157,806.71 Contract for Professional Services Page 5 of 5 K%ENGINEERING DATAEXCHANGE\CLARISSAJ\STREETS'.E12134 - SEA TOWN PEDESTRIAN IMPROVEMENTSIJA - ENGINEERING DESIGN CONTRACTWE AGREEMENT WA E12134 DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS S.E.A. District Pedestrian Improvements (Bond 2012) Project No. E12134 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. -- e prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. information provided by the City pertaining to the project area. Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City's Project Manager and identify operating departments potential project needs. Develop preliminary street cross section recommendations. Prepare conceptual life cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) "Real Cost" Program. Identify right of way acquisition requirements and illustrate on a schematic strip map. Prepare preliminary opinions of probable construction costs for the recommended improvements. Develop drainage area boundary map for existing and proposed drainage areas served. Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. p) 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, and document the work with tcxt, tables, schematic required per City Plan Preparation Standards Contract Format (CPPSCF). Engineering Letter Report to include: EXHIBIT "A" Page 1 of 11 Revised November 26, 2013 1. Provide a concise presentation of pertinent factors, sketches, designs, cross sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. /1. Provide opinion of probable construction costs. jurisdiction to approve design of the Project including permitting, fit agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide an analysis on project impacts towards "re engineering" and effects on -Gest savings toward City operations, which this project will affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels. r) t) u) Draft Engineering Letter Report. Submit computer model file, results and calculations used to analyze drainage. 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. Assimilate all City review comments of the Draft Engineering Letter Report and hard copies using City Standards as applicable) suitable for reproduction. Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow up and response to comments. 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 and record information in electronic format as available from City Engineering files. c) Provide the budget for the Project specifying the funds available for the construction contract. d) A copy of existing studies and plans. (as available from City Engineering files). e) Field location of existing city utilities. (A/E to coordinate with City Operating Departments.) f) Applicable Master Plans and GIS mapping are available on the City's website. g) City Control survey Bench marks and coordinates. EXHIBIT "A" Page 2 of 11 Revised November 26, 2013 Any information marked proprietary, or copyrighted, provided by the City is authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of information marked proprietary, or copyrighted, provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. The City will provide a list of utility franchises within the Project area. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction. c) Prepare construction documents in City standard format for the work identified in the approved ELR under the previous contract. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11"x 17". i) Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. Preparation of specific traffic control plans is not included in the scope of this contract. The Contractor shall be responsible for preparation and approval of specific Traffic Control plans appropriate to the Contractor's means and methods. ii) Provide Storm Water Pollution Prevention Plan, including construction drawings. Prepare Stormwater Best Management Practices construction drawings. Contractor is responsible for preparing and maintaining a Stormwater Pollution Prevention Plan (SWPPP) for himself and for the City. The SWPPP shall include the construction drawings prepared by the A/E. c) Furnish one (1) set of the interim plans (60% submittal electronic and full size 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. f) 0 .0 submittal. Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting minutes to attendees within five working days of the meeting. Assimilate all review h) review and approval purposes with revised estimates of probable costs. Hold Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review EXHIBIT "A" Page 3 of 11 Revised November 26, 2013 advise City of responding and non responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and hard copy using City Standards as applicable) for City's final review. j) Assimilate all final review comments. Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and 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. k) 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.. 1) Prepare and submit monthly status rcports to the Projcct Manager no later than tho last Wednesday of each month with action items developed from monthly progress and rcvicw mcctings. Scc attachment 'A' for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements. (If AUTHORIZED as an Additional Service.) The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. City during the Design Phase. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy of 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) from City provided example. 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 Engineering Services' 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 Engineering Services 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. EXHIBIT "A" Page 4 of 11 Revised November 26, 2013 g) - e _ - ie -•e- - •• e _ • _ _ _ e 'owerPoint 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. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. e) Provide draft document format for the Authorization to Advertise and for the Agenda Memoranda. �. 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 impacting 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 e) not contrary to the general interest of the City under the contract. •- 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 continuous monitoring of the progress of construction. f) Prepare Assist the City in the preparation of change orders as authorizcd by the g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items 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. (MOVED TO ADDITIONAL SERVICES) The City staff will: a) Provide all Construction Administration and Construction Observation Services. b) Designate an individual to have responsibility, authority, and control for coordinating activities for the City during the Construction Phase. EXHIBIT "A" Page 5 of 11 Revised November 26, 2013 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 Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessaryfor all required permits. The A/E will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) b) c) d) c) f) g) h) 1) j) k) I) m) n) the ar o TxDOT utility permit(s) Wetlands Delineation and Permit Temporary Discharge Permit NPDES Permit/Amendments (including SSC, NOI NOT) Texas Commission of Environmental Quality (TCEQ) Permits/Amendment) Nueces County Texas Historical Commission (THC) U.S. Fish and Wildlife Service (USFWS) U.S. Army Corps of Engineers (USACE) United States Environmental Protection Agency (USEPA) Texas Department of Licensing and Regulation (TDLR) Texas General Land Office (TGLO) Other agency project specific permits tied to and in conformance with the City's Global Positioning System (GPS) control network. a) Perform surveys to dctcrmine apparent right of way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Title Commitments from a local title company and provide copies to the City. Title Commitments shall identify title ownership and any title encumbrances to all right of way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by tho NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addrec.ces as per appraisal district records. d) Prcpare Metes and Bounds Instruments with supporting exhibits as required and agreed upon, subsequent to the ELR acceptance, for ROW parcels, utility ascmcnts and temporary construction acements. c) Sct property corners and prepare right of way strip parcel map dcpicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire EXHIBIT "A" Page 6 of 11 Revised November 26, 2013 parent tracts at "not to scale" and for information only. All existing easements within - the the parcels to be acquired and those within adjacent parcels must be shown. f) Prepare individual signed and cooled parcel maps and legal descriptions for tho required right of way acquisition for parcels and easements. A strip map showing all maps and legal descriptions prior to the 60% submittal. 2. Topographic Survey and ROW Verification. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition !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. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied — i.e. — the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. /1. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. • Utility Data" including, but not limited to, hydro excavation. The proposed subsurface utility investigation will be as follows: 1) Excavation The survey scope includes working with a subsurface utility specified areas through the project limit. (Quality Level A involves the use of quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. EXHIBIT "A" Page 7 of 11 Revised November 26, 2013 ii) Utility Location The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by Quality Level C. Locations will be based on the surveyed locations of accccsiblc storm water manholes and drainage inlets. iv) Wastewater Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accccciblc wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction related excavation shall be located at Quality Level A. v) Water Water facilities within the project limits will be located to Quality Level A. by the A/E. The City of Corpus Christi Gas Department will provide Quality Level C. The NE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction related cxcavation of the potential for cncountcring thcir utility lines during construction. A 3. Public Meeting (1 Meeting). Participate in one (1) public meeting. Prepare exhibits for meetings. Provide follow-up and response to citizen comments as requested. Revise contract drawings to address citizen comments, as directed by the City. 4. Landscaping Services. Prepare preliminary landscape and irrigation design and coordinate with City. Finalize landscape and irrigation design. Prepare landscape and irrigation construction documents including a 2 -year landscape and irrigation program with required maintenance schedule. Provide bid and construction phase services. 5. Construction Phase Assistance (Time and Materials upon Request). A/E will provide the City with assistance, as requested, during the construction phase of the Project on a Time and Materials basis. Requests for services from the A/E shall be submitted to the A/E via email from City staff (Construction Inspection or Engineering Services) and shall include Calendar Meeting Requests. Verbal requests for services must be followed by an email to the NE prior to action being taken by the A/E. Receipt of email requests, including Meeting Requests, from City Staff shall be considered by the A/E as Authorization to Proceed on the requested services. Services provided under this line item shall be invoiced to the City monthly based upon the attached Table 1— Rate Schedule and shall include time spent during the invoicing period. If it is apparent that additional efforts will be required beyond the estimated Contract budget after 75% of the estimated budget for this Line Item has been spent, the NE will prepare a Contract Amendment for additional fees based upon an estimate of the amount of effort remaining to complete the Project. Work will not proceed beyond the approved budget. The following services are excluded from this Contract: EXHIBIT "A" Page 8 of 11 Revised November 26, 2013 a) Preparation of change orders; b) Review of shop drawings. (This does not exclude review of material submittals, if requested.); c) Review/approval of Contractor pay requests; and d) Preparation of a Certificate of Completion at the end of the Project. Start-up Services. Provide on site services and verification for all start up procedures needed and required. 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. 6. Preparation of Record Drawings. 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 dxfformat 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. 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 supplements Exhibit "A". 11. SCHEDULE Date Activity Begin Field Work and Design Phase Upon receipt of executed contract and NTP Submit 100% Design 6 Months after receipt of NTP City Review 1 Month Submit Sealed Plans & Docs 1 Month after receipt of 100% comments from City Advertise for Bids 2 Weeks after Sealed Submittal Pre -Bid Conference 2 Weeks after Advertisement Receive Bids 4 Weeks after Advertisement Contract Award 4 Weeks after receipt of Bids Begin Construction 4 Weeks after Award of Contract Complete Construction Approximately 4 Months after Begin Construction EXHIBIT "A" Page 9 of 11 Revised November 26, 2013 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.1-3 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 in Section I.A.1-3, NE will submit monthly statements for basic services rendered. The statements will be based upon A/E's estimate (and with 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 authorized Additional Services, the A/E will submit monthly statements for services rendered. For Fixed Fee Additional Services Line Items, the statements will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For Time and Materials Additional Services, the statements will be based upon A/E's time spent during the period of time covered by the invoice and based upon the attached Table 1 — Rate Schedule. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not -to - exceed fee as per the table below: Summary of Fees (Notes: 'FF" designates Line Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on a Time & Materials basis. `AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 Street Total Basic Services Fees 1. Preliminary Phase (FF) $ 0.00 $ 0.00 2. Design Phase (FF) $ 70,275.15 $ 70,275.15 3. Bid Phase (FF) $ 8,181.48 $ 8,181.48 Subtotal Basic Services Fees $ 78,456.63 $ 78,456.63 Additional Services Fees (Allowance) 1. Permitting: TDLR (FF) (Authorized) $ 2,281.82 $ 2,281.82 2. Topographic Survey & ROW Verification (FF) (Authorized) $ 32,900.00 $ 32,900.00 3. Public Meeting (FF) (Authorized) $ 4,773.80 $ 4,773.80 4. Landscaping Services (FF) (Authorized) $ 17,095.52 $ 17,095.52 5. Construction Phase Assistance (T&M) (Authorized) $ 17,858.16 $ 17,858.16 6. Preparation of Record Drawings (FF) (Authorized) $ 4,440.78 $ 4,440.78 Sub -Total Additional Services Fees $ 79,350.08 $ 79,350.08 Total Authorized Fee $ 157,806.71 $ 157,806.71 (Notes: 'FF" designates Line Items to be invoiced on a Fixed Fee basis, and 'T&M' designates Line Items to be invoiced on a Time & Materials basis. `AUTHORIZED' constitutes "written authorization to proceed" on an Additional Services Line Item.) EXHIBIT "A" Page 10 of 11 Revised November 26, 2013 EXHIBIT A-1 CITY OF CORPUS CHRISTI, TEXAS S.E.A. District Pedestrian Improvements (Bond 2012) Project No. E12134 TASK LIST GENERAL The S.E.A. District Pedestrian Improvements (Bond 2012) Project includes Design and Bid Phase services and associated Additional Services, as described herein, for the construction of pedestrian and landscape improvements along Brewster Street from Tancahua Street to Chaparral Street and along Chaparral Street from Brewster Street to Mesquite Street. This Contract is based upon proposed improvements with a total estimated construction cost of $1.17 million. Exhibit "A", I. A. - BASIC SERVICES Preliminary Phase (Fixed Fee) Provide Preliminary Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services. Design Phase (Fixed Fee) Provide Design Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following conditions: Exhibit "A", I. A. 2 - Clarification 1. A/E will submit all Contract deliverables to the City, only, in accordance with the Contract requirements. The City will distribute deliverables to Third -Party Reviewers at its discretion and coordinate with Third -Party Reviewers to receive comments. The City will incorporate any comments received from Third -Party Reviewers deemed appropriate into the City's comments for discussion at the appropriate meeting. To prevent miscommunications during the Design Phase, A/E's point of contact for Project decisions will be the City's Project Manager. 2. A/E will prepare one (1) set of final (100%) plans and contract documents and submit to the City for review. Comments received from the City will be incorporated into the sealed bid documents, which will be the next submittal to the City. 3. The Project scope of improvements included in this contract is limited to pedestrian and landscape improvements only with a total estimate construction cost of $1.17 million. The scope of services included in this EXHIBIT "A-1" Page 1 of 3 contract does not include engineering services related to street, utility or other improvements. 4. A maximum of three (3) meetings with the City are included in the Design Phase scope of services. Additional meetings will require additional fees. Exhibit "A", I. A. 2. d) - Clarification The design of temporary traffic control measures shall consist of the preparation of Advanced Warning Signage Plans and inclusion of typical examples of traffic control measures for certain situations. The design of specific traffic control measures for the entire project is not included in the scope of work of this Contract. The Contractor shall be responsible for the preparation and approval of specific traffic control plan(s) sealed by a Texas Registered Professional Engineer that coincide with his approach to constructing the project — subject to the Project phasing stipulated in the construction documents - and may incorporate the typical examples provided in the construction plans. Bid Phase (Fixed Fee) Provide Bid Phase Services in accordance with Exhibit 'A' of the Contract for Professional Services with the following exception: Preparation of a CivCast bid spreadsheet is not included in the scope of services of this Contract. Construction Phase Construction Phase Services as described in Exhibit "A", I. A. 4. are excluded from this Contract. Construction Phase Assistance will be provided by the A/E as a Time & Materials Additional Service upon request as described in Exhibit 'A'. Exhibit "A", I. B. - ADDITIONAL SERVICES (Subject to Authorization) 1. Permitting (Fixed Fee) • TDLR Registration: Submit construction plans and specifications to a Registered ADA Specialist (RAS) for review and approval and registration with the TDLR; Provide coordination efforts, as necessary. 2. Topographic Survey (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT "A-1" Page 2 of 3 3. Public Meeting (1 Meeting) (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. 4. Landscaping Services (Fixed Fee) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 5. Construction Phase Assistance (Time and Materials) Services will be provided in accordance with Exhibit `A' of the Contract for Professional Services. 6. Preparation of Record Drawings (Fixed Fee) Services will be provided in accordance with Exhibit 'A' of the Contract for Professional Services. EXHIBIT "A-1" Page 3 of 3 EXHIBIT B Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 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. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 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: 1.6.1 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. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, 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. 1.8 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 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. 1.10 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 agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Basic Services: Preliminary Phase Design Phase Bid Phase Report Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey Reporting O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees PROJECT NAME Project No. EXXXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 $0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0% 0 0 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% 0 0 0 0 0 0 0 0% TBD TBD TBD TBD TBD TBD 0 0% TBD TBD TBD TBD TBD TBD TBD 0% $0 $0 $0 $0 $0 $0 $0 0% $0 $0 $0 $0 $0 $0 $0 0% 0 0 0 0 0 0 0 0% $0 $0 $0 $0 $0 $0 $0 0% City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY 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: LJA Engineering, Inc. P. O. BOX: STREET ADDRESS: 820 Buffalo Street FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other 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 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 NA 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." Jame Board, Commission or Committee - a—n t7 v%, r� (Q RG �t l uGiG or vEra,/ M "5 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 N/A Consultant EXHIBIT D 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 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 Ruisti, Texas as changes occur. Certifying Person: Patrick D. Vete tb,1?.E. ,7 /') Title: Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 04-20-16 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. EXHIBIT D PAGE 2 OF 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: June 1, 2016 TO: Margie C. Rose, Acting City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Appointment of Financial Advisor for Issuance of Utility System Revenue Refunding Bonds CAPTION: Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016", in an amount not to exceed $84,735,000. PURPOSE: The City plans on refunding any callable, outstanding Utility System Revenue Bonds for savings. 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. This agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction and approves the contract for the transaction. See the Financial Advisor's contract. 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 the underwriters, and selection of the syndicate of underwriters from the City's pool of approved underwriters is being recommended for delegation to the City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and Director of Financial Services - including any person serving in any of the foregoing capacities on an interim or non -permanent basis. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office 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): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Contract Form 1295 TELEPHONE 210-930-4000 FAX 210-930-4001 .41 tffeel INVESTMENT BANKERS 950 Gude Mutes Mu/ �� L% 7820ftf&31 June 3, 2016 City of Corpus Christi, Texas 1201 Leopard Corpus Christi, TX 78401 TELEPHONE 361-861-1131 FAX 361-881-9220 860t/Yotl�9 M4 t_9fae Xwet, Juste 7701 C 7 fuaa r,teLla cream 78101, 3707 Re: Up to $85,000,000* City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2016 ******************************************************************************* In regard to serving as the City's financial advisor and consultant, we submit the following proposal or agreement for your approval and acceptance. 1. Term. This Agreement shall be terminated by the delivery to the Purchaser of all the securities described above, whether delivered all at one time or in installments. It may be extended for an additional period by mutual agreement in writing. This agreement may be terminated at any time by either of us by giving thirty (30) days written notice to the other party. 2. Duties. The duties and responsibilities to be performed under this agreement include consulting and advising the City in the development and implementation of a financing plan for the issuance and sale of up to $85,000,000* City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2016. 3. Compensation. The fee will be based on the size of the issue, and computed on the attached schedule, Exhibit A. The fee will be due and payable from the proceeds of the Bonds. We would expect to be reimbursed for actual out-of-pocket expenses for telephone, photocopies, facsimile transmissions, printing, computer, if any, and travel incurred in connection with ratings, municipal bond insurance or Closing of such financing(s). 4. Special Conditions. In addition to the terms and obligations herein contained, this proposal and agreement is subject to the following special conditions: a) M. E. Allison & Co., Inc. will incur and pay on behalf of the City the approved expenses in relation to the issuance of the Bonds and will submit said expenses for reimbursement at Closing. Approved expenses will include, but not be limited to, printing, shipping and posting of Official Statement, printing of Bonds, and travel expenses in relation thereto, Bond sale advertisements, municipal bond insurance premiums, Attorney General's fees, etc. * Preliminary, subject to change. Continued ... ec vVv..,£. INVESTMENT BANKERS June 3, 2016 City of Corpus Christi, Texas 1201 Leopard Re: Up to $85,000,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2016 Page 2 (b) The City will pay Bond Attorney, Rating Agency fees and Paying Agent/Registrar directly or will direct M. E. Allison & Co., Inc. to pay these fees on behalf of the City from the cost of issuance proceeds subsequent to the closing of the bond transaction. (c) The City will at all times remain responsible for all fees incurred on behalf of the City in relation to the proposed bond issue. In the event the contemplated issue is not completed, the City will not owe the financial advisory fee to M. E. Allison & Co., Inc., but the City will remain responsible for all expenses incurred by the Firm on behalf of the City as well as all direct expenses of the City including Bond Attorney and Rating Agency fees. 5. This proposal is submitted in duplicate originals. When accepted by the City, it will constitute the entire agreement between the City and the undersigned for the purpose and considerations herein specified. Your acceptance will be indicated by proper signatures of your authorized officers or representatives on both copies and the returning of one executed copy to us. Respectfully submitted, M. E. ALLISON & CO., INC. By Auth • rized Representative ACCEPTED on behalf of the City of Corpus Christi, Texas the day of , 2016. Authorized Official *Preliminary, subject to change. .1‘. d, tea., cL. INVESTMENT BANKERS EXHIBIT A 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 $250,000 350,000 500,000 510,500 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 51,000 for all over $20,000,000 REVENUE BONDS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, REFUNDING BONDS, OBLIGATIONS USING A REVENUE SOURCE AS REPAYMENT, DIRECT SUBSIDY OBLIGATIONS OR LEASE PURCHASE In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding Bonds, Obligations using a revenue source as repayment, Direct Subsidy Obligations or Lease Purchase, the fee shall be the amount computed from the above schedule, plus 25%. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-65712 Date Filed: 06/03/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. M. E. Allison & Co., Inc. San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. Corpus Christi 2016 UR-FA Financial Advisory Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Seal, Mark San Antonio, TX United States X Allison, Christopher San Antonio, TX United States X Allison Jr., Al San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. PATRICIA A PARKS Notary Public, State of Texas My Commission Expires December 16, 2016 gnature of authorized agent ontracting business entity AFFIX NOTARY STAMP / SEAL ABOVE — A, s,i4V , this the 3 ---� day of –n-T) ,-7 r..., Sworn to and subscribed before me, by the said r ' l# 20 1 , to certify which, witness my hand and seal of office. 1 / AP.!, . ._�_ _ •c. - .f_ 6t is'c a_ Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.et ics. state. tx. us ersion V1.0. AGENDA MEMORANDUM First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: June 1, 2016 TO: Margie C. Rose, Acting City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Authorization for the Issuance of Utility System Revenue Refunding Bonds CAPTION: Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2016" in an amount not to exceed $84,735,000; 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. PURPOSE: The City plans on refunding any callable, outstanding Utility System Revenue Bonds for savings. BACKGROUND AND FINDINGS: The City plans on refunding any callable, outstanding Utility System Revenue Bonds for savings. This currently equates to $84,735,000. If all eligible outstanding bonds are refunded at today's interest rate, a net present value savings of approximately $13.1 million or 16.65% would be realized. The actual amount to be refunded, however, will be determined at the time of pricing. Because of the fluctuating conditions in the municipal bond market, our financial advisor has recommended that the City Council delegate to the City Manager, Deputy City Manager, Assistant City Manager for General Government and Operations Support, and the Director of Financial Services - including any person serving in any of the foregoing capacities on an interim or non -permanent basis (the "Delegated Officials") the authority to effect the sale of the bonds subject to the following parameters: (1) the principal amount in total of all bonds sold may not exceed $84,735,000 and (2) none of the bonds shall bear interest at a rate greater than 6% per year. The $84,735,000 represents the principal amount of all Utility System Revenue bonds currently outstanding that are eligible to be refunded. The actual amount that will be refunded will be determined at the time of pricing. Also, the City's bond counsel has confirmed that the City can delegate the sale of the bonds to the Delegated Officials in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. 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: • Financial Services Department • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 84,735,000 - $ 84,735,000 BALANCE - $ 84,735,000 - $ 84,735,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The amount of the refunding will be known at the time of pricing. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. DRAFT 5/30/16 AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016" IN AN AMOUNT NOT TO EXCEED $84,735,000; 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 WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, and there are currently Outstanding, revenue bonds (the Previously Issued Priority Bonds) secured by a first and prior lien on and pledge of the Net Revenues (as hereinafter defined) of the City's combined utility systems (as further described and defined herein, the System); and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Priority Bonds, the City reserved the right to issue revenue bonds on parity with the Priority Bonds (as hereinafter defined); and WHEREAS, the City Council has heretofore issued, and there are currently outstanding revenue bonds (the Previously Issued Junior Lien Obligations) secured by a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds; and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Junior Lien Obligations, the City reserved the right to issue revenue bonds on a parity with the Junior Lien Obligations (as hereinafter defined) from time to time outstanding; and 27280786.2 WHEREAS, the City Council has heretofore issued, and there are currently outstanding, obligations supported by a lien on and pledge of the Net Revenues of the System that are inferior to the lien thereon and pledge thereof securing the Priority Bonds and the Junior Lien Obligations but superior to the lien thereon and pledge thereof securing the hereinafter -defined Previously Issued Inferior Lien Obligations (the Previously Issued Subordinate Lien obligations); and WHEREAS, the City Council has heretofore entered into a certain Federal Contract (as hereinafter defined) supported by a lien on and pledge of the Net Revenues of the System inferior to the lien thereon and pledge thereof securing the Priority Bonds, the Junior Lien Obligations, and the Previously Issued Subordinate Lien Obligations (such Federal Contract, the Previously Issued Inferior Lien Obligations); and WHEREAS, the City Council has determined for the purpose of improving the credit quality of its Junior Lien Obligations, which has become its primary lien for issuing System debt, that it will no longer issue obligations secured by a first and prior lien on and pledge of the Net Revenues of the System referred to herein as "Priority Bonds", on parity with the lien thereon and pledge thereof securing the Previously Issued Priority Bonds, for new money purposes and, at such time as no Priority Bonds remain outstanding, all System revenue obligations now subordinate and inferior to the Priority Bonds in priority of lien on and pledge of Net Revenues shall be elevated in kind in priority of lien and payment so that when there are no longer any Priority Bonds outstanding, the Junior Lien Obligations (defined herein) will enjoy a first and prior lien on and pledge of the Net Revenues of the System; and WHEREAS, there are currently outstanding obligations in the aggregate principal amount of at least $50,570,000, being the obligations set forth on Schedule I hereto which is incorporated by reference for all purposes to this ordinance (the Refunded Obligations); and WHEREAS, pursuant to the provisions of Chapter 1207, as amended, Texas Government Code, as amended (Chapter 1207), the City Council is authorized to issue revenue refunding bonds and deposit the proceeds of sale under an escrow agreement to provide for the payment of the Refunded Obligations, and such deposit, when made in accordance with the Act, shall constitute the making of firm banking and financial arrangements for the discharge and final payment of the Refunded Obligations; and WHEREAS, Chapter 1207 requires that the deposit of the proceeds from the sale of the revenue refunding bonds be deposited directly with any designated escrow agent for the Refunded Obligations that is not the depository bank of the City; and WHEREAS, The Bank of New York Mellon Trust Company, N.A., Dallas, Texas, which is not a depository bank of the City, is appointed and will serve as the Paying Agent/Registrar (hereinafter defined) and Escrow Agent (hereinafter defined) for the revenue refunding bonds; and WHEREAS, the City Council also hereby finds and determines that the Refunded Obligations are scheduled to mature or are subject to being redeemed, not more than twenty (20) years from the date of the Bonds herein authorized and such refunding will result in a net present 27280786.2 -2- value saving of approximately $ ( %) to the City and a gross savings of $ , including the cash contribution of $ WHEREAS, the revenue refunding bonds hereinafter authorized are to be issued and delivered pursuant to the laws of the State of Texas, including the Act (defined herein), and the terms of this Ordinance (as hereinafter defined), for the purposes set forth in this Ordinance; and now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: Authorization - Designation - Principal Amount - Purpose. Revenue refunding bonds of the City shall be and are hereby authorized to be issued in the aggregate principal amount of THOUSAND AND NO/100 DOLLARS ($ ), to be designated and bear the title of CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016 (the Bonds), pursuant to this ordinance adopted by the City Council (the Ordinance) for the purpose of (i) discharging and making final payment of the Refunded Obligations, and (ii) paying the costs of issuance relating thereto. The Bonds shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Bonds are authorized to be issued pursuant to the authority conferred by and in conformity with the laws of the State of Texas, including, particularly, Chapter 1207 and Chapter 1371, as amended, Texas Government Code (Chapter 1371 and, together with Chapter 1207, the Act). As authorized by the Act, each Authorized Official is hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds (referenced to and defined herein as the Purchasers), the redemption provisions therefor, the rate of interest to be borne on the principal amount of each such maturity, the identification of an underwriter or underwriting syndicate for the Bonds, and selection from the Refunding Candidates (defined herein) of the Refunded Obligations to be refunded from the proceeds of the Bonds. Each Authorized Official, acting for and on behalf of the City, is authorized to execute the Approval Certificate (defined herein) attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $84,735,000; the maximum maturity of the Bonds will be July 15, 2039, the refunding will result in a net present value savings of at least 3.00%, and the true interest rate (federal arbitrage yield) shall not exceed a rate greater than 6 00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Official is authorized to select the bond insurer and/or debt service reserve fund surety provider, if any, with respect to the Bonds. If the Authorized Official chooses to purchase a debt service reserve surety policy or similar credit facility relating to the Bonds, then the Authorized Official shall be permitted to execute an insurance or similar reimbursement agreement in substantially the form attached hereto as 27280786.2 -3- Exhibit F (which form is hereby approved) in connection with such purchase. The execution of an Approval Certificate relating to the Bonds issued hereunder shall evidence the sale date of the Bonds by the City to the Purchasers in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, no Bonds shall be delivered unless prior to their initial delivery unless rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. 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 July 1, 2016 (the Dated Date); shall be in denominations of $5,000 or any integral multiple thereof, shall be lettered "R-" and numbered consecutively from One (1) upward and principal shall become due and payable on July 15 in each of the years and in principal amounts (the Stated Maturities) and bear interest on the unpaid principal amounts from the Dated Date, or the most recent Interest Payment Date to which interest has been paid or duly provided for, to the earlier of redemption or Stated Maturity, at the rates per annum in accordance with the following schedule: Years of Stated Maturity Principal Interest (July 15) Amounts ($) Rates (%) 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 27280786.2 -4- 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 Bonds shall bear interest on the unpaid principal amount thereof at the per annum rates shown above in Section 2, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable semiannually on January 15 and July 15 of each year (each, an Interest Payment Date), commencing January 15, 2017, while the Bonds are Outstanding. The selection and appointment of The Bank of New York Mellon Trust Company, N.A., Dallas, 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 a resolution or ordinance terminating 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. Both 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 (defined herein) for purposes of payment of interest thereon and (ii) on the date of surrender of the Bonds for purposes of receiving payment of principal thereof at the Bonds' Stated Maturity or upon prior redemption of the Bonds. 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. Interest on 27280786.2 -5- the Bonds shall be paid to the Holder whose name appears in the Security Register at the close of business on the last business day of the month next preceding an Interest Payment Date for the Bonds (the Record Date) and shall be paid (i) by check sent 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. SECTION 4: Redemption. A. Optional Redemption. The Bonds having Stated Maturities on and after July 15, 20 shall be subject to redemption prior to Stated Maturity, at the option of the City, on July 15, 20 , or any date thereafter, 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. 27280786.2 -6- 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 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 its Mayor, its seal reproduced or impressed thereon, and attested by the City 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 Dated 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 27280786.2 -7- 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 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 27280786.2 -8- and delivered pursuant to Section 27 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. The Bonds herein authorized shall be issued initially either (i) as a single fully -registered Bond in the total principal amount of $ 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) and, in either case, the Initial Bond shall be registered in the name of the initial purchasers or the designee thereof. The Initial Bond 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 initial purchasers. Any time after the delivery of the Initial Bond, the Paying Agent/Registrar shall cancel the Initial Bond 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 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 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 submitted to the Attorney General of Texas may be typewritten or photocopied or otherwise reproduced. 27280786.2 [The remainder of this page intentionally left blank.] -9- 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 UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016 Dated Date: July 1, 2016 REGISTERED OWNER: Interest Rate: Stated Maturity: CUSIP NO: PRINCIPAL AMOUNT: DOLLARS The City of Corpus Christi, Texas (the City), a body corporate and a municipal corporation 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 Dated Date 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 January 15 and July 15 of each year (each, an Interest Payment Date), commencing January 15, 2017. Principal and premium, if any, of the Bond shall be payable to the Registered Owner hereof (the Holder) upon presentation and surrender, 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 last business 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 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. 27280786.2 -10- This Bond is one of the series specified in its title issued in the aggregate principal amount of $ (the Bonds) pursuant to an ordinance adopted by the governing body of the City (the Ordinance), for the purpose of (i) discharging and making final payment of the Refunded Obligations, and (ii) paying the costs of issuance relating thereto, all in conformity with the laws of the State of Texas, particularly the City's Home Rule Charter and the Act, and the Ordinance. The Bonds shall be payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. The Bonds stated to mature on and after July 15, 20_ may be redeemed prior to their Stated Maturities, at the option of the City, on July 15, 20_ or 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 Junior Lien Obligations, payable from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues, being (primarily) a lien on and pledge of the Net Revenues derived from 27280786.2 -11- the operation of the City's utility system (as further described in the Ordinance, the System), that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations. In the Ordinance, the City reserves and retains the right to issue Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior 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 Junior Lien 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 Junior Lien Pledged Revenues pledged for the payment of the Bonds; the terms and conditions under which the City may issue Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior 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 - 27280786.2 -12- 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. 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 law, 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 Junior Lien 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. 27280786.2 [The remainder of this page intentionally left blank] -13- IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of the City, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of the City has been duly affixed to, printed, lithographed or impressed on this Bond. CITY OF CORPUS CHRISTI, TEXAS ATTEST: City Secretary (SEAL) 27280786.2 Mayor [The remainder of this page intentionally left blank.] -14- C. Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond Only. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS § REGISTER NO. THE STATE OF TEXAS 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 Comptroller of Public Accounts of the State of Texas (SEAL) * Bond to Printer: Not to appear on printed Bonds D. Form of Certificate of Paying Agent/Registrar to Appear on Definitive Bonds Only. 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: * Bond to Printer: to appear on printed Bonds 27280786.2 -15- THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., Dallas, Texas as Paying Agent/Registrar By: Authorized Signature E. Form of Assignment. 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: 27280786.2 [The remainder of this page intentionally left blank.] -16- F. Form of Initial Bond. The Initial Bond 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: (1) immediately under the name of the Bond(s) the headings "Interest Rate" and "Stated Maturity" shall both be completed "as shown below"; (2) 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 municipal corporation 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 fifteenth day of July 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 Dated Date, 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 January 15 and July 15 of each year (each, an Interest Payment Date), commencing January 15, 2017. Principal of this Bond shall be payable to the Registered Owner hereof (the Holder), upon its presentation and surrender, at the corporate trust office of The Bank of New York Mellon Trust Company, N.A., Dallas, 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 last business 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. 27280786.2 -17- G. Insurance Legend. If bond insurance is obtained by the Purchasers or the City for the Bonds, the definitive Bonds and the Initial Bond 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 Sections 32 and 46 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 Accountant shall mean a nationally recognized independent certified public accountant, or an independent firm of certified public accountants. B. The term Additional Inferior 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 equally and ratably secured by a lien and pledge of the Net Revenues, which pledge is subordinate and inferior to the lien on and pledge of the Net Revenues that is or will be pledged to the payment of the Priority Bonds, that is included in Junior Lien Pledged Revenues, that is or will be pledged to the payment of the Subordinate Lien Obligations, and that is on parity with the lien on and pledge of the Net Revenues securing the payment of the then -Outstanding Inferior Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. C. The term Additional Junior 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 equally and ratably secured by a lien and pledge of the Junior Lien Pledged Revenues, such pledge to include a pledge of Net Revenues that is junior and inferior to the lien on and pledge of the Net Revenues that are or will be pledged to the payment of the Priority Bonds now Outstanding or hereafter issued by the City but senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of the Subordinate Lien Obligations and the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, as determined by the City Council in accordance with applicable law. D. The term Additional Priority Bonds shall mean any obligations hereafter issued to refund any of the Previously Issued Priority Bonds 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 Net Revenues as determined by the City Council in accordance with applicable law and under the terms and conditions provided in Section 19 of this Ordinance. 27280786.2 -18- E. 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 equally and ratably secured by a lien and pledge of the Net Revenues, such pledge being subordinate and inferior to the lien on and pledge of the Net Revenues that is or will be pledged to the payment of the Priority Bonds or that is included in Junior Lien Pledged Revenues, but senior and superior to the lien thereon and pledge thereof that is or will be pledged to the payment of the Inferior Lien Obligations now Outstanding or hereafter issued by the City, and on parity with the lien on and pledge of the Net Revenues securing the payment of the then - Outstanding Subordinate Lien Obligations and (ii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured by such subordinate and inferior lien on and pledge of the Net Revenues as determined by the City Council in accordance with applicable law. F. The term Approval Certificate shall mean a written instrument from time to time executed by an Authorized Official in accordance with Section 1 of this Ordinance. G. The term Authorized Official shall mean the City Manager of the City, the Deputy City Manager of the City, the Assistant City Manager for General Government and Operations Support of the City, and the City's Director of Financial Services (which shall include any person serving in any of the foregoing capacities on an interim or non -permanent basis). H. 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. 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 Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. I. The term Bonds shall mean the $ "CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016", dated July 1, 2016, authorized by this Ordinance. J. The term Bond Fund shall mean the special Fund or account created and established by the provisions of Section 13 of this Ordinance. K. The term Capital Additions shall mean a reservoir or other water storage facilities, a water or wastewater treatment plant or an interest therein, an electric generation facility and/or distribution system or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. L. The term Capital Improvements shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. 27280786.2 -19- M. The term City shall mean the City of Corpus Christi, Texas and, where appropriate, the City Council of the City. N. The term Closing Date shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchasers. 0. The term Credit Agreement shall mean a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitments to purchase Debt, purchase or sale agreements, interest rate swap agreements, or commitments or other contracts or agreements authorized, recognized, and approved by the City as a Credit Agreement in connection with the authorization, issuance, security, or payment of any obligation authorized by Chapter 1371, and which includes any Credit Facility. P. The term Credit Facility shall mean (i) a policy of insurance or a surety bond, issued by an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations, or (ii) a letter or line of credit issued by any financial institution. Q. The term Credit Provider shall mean any bank, financial institution, insurance company, surety bond provider, or other institution which provides, executes, issues, or otherwise is a party to or provider of a Credit Agreement or Credit Facility. R. The term Debt shall mean (1) all indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues incurred or assumed by the City for borrowed money (including indebtedness payable from Net Revenues and/or Junior Lien Pledged Revenues arising under Credit Agreements) and all other financing obligations of the System payable from Net Revenues and/or Junior Lien Pledged Revenues that, in accordance with generally accepted accounting principles, are shown on the liability side of a balance sheet; and (2) all other indebtedness payable from Junior Lien Pledged Revenues and/or Net Revenues (other than indebtedness otherwise treated as Debt hereunder) for borrowed money or for the acquisition, construction, or improvement of property or capitalized lease obligations pertaining to the System that is guaranteed, directly or indirectly, in any manner by the City, or that is in effect guaranteed, directly or indirectly, by the City through an agreement, contingent or otherwise, to purchase any such indebtedness or to advance or supply funds for the payment or purchase of any such indebtedness or to purchase property or services primarily for the purpose of enabling the debtor or seller to make payment of such indebtedness, or to assure the owner of the indebtedness against loss, or to supply funds to or in any other manner invest in the debtor (including any agreement to pay for property or services irrespective of whether or not such property is delivered or such services are rendered), or otherwise. For the purpose of determining Debt, there shall be excluded any particular Debt if, upon or prior to the maturity thereof, there shall have been deposited with the proper depository (a) in trust the necessary funds (or investments that will provide sufficient funds, if permitted by the instrument creating such Debt) for the payment, redemption, or satisfaction of such Debt or (b) 27280786.2 -20- evidence of such Debt deposited for cancellation; and thereafter it shall not be considered Debt. No item shall be considered Debt unless such item constitutes indebtedness under generally accepted accounting principles applied on a basis consistent with the financial statements of the System in prior Fiscal Years. S. 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 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. T. The term Depository shall mean an official depository bank of the City. U. The term Engineer shall mean an individual, firm, or corporation engaged in the engineering profession, being a registered professional engineer under the laws of the State of Texas, having specific experience with respect to a combined municipal utility system similar to the System and such individual, firm, or corporation may be employed by, or may be an employee of, the City. V. The term Federal Contract shall mean Contract No. 6-07-01-X0675 entered into by an among the United States of America, the City and the Nueces River Authority, dated June 30, 1976, and amended on June 16, 1980, with respect to the Nueces River Reclamation Project, pursuant to which the City has pledged the revenues of its waterworks system in support of the payment obligations of the City under the Federal Contract, subordinate and inferior to the pledge of and lien on the Net Revenues securing the payment of the Priority Bonds, the lien thereon and pledge thereof securing the payment of the Junior Lien Obligations, as a result of such Net Revenues being included as Junior Lien Pledged Revenues, and the lien thereon and pledge thereof securing the payment of the Subordinate Lien Obligations. 27280786.2 -21- W. 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, presently being that period commencing on October 1 of each year and ending on the following September 30. X. 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; and (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. Y. The term Gross Revenues shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created or confirmed by this Ordinance or maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. Z. The term Holder or Holders shall mean the registered owner, whose name appears in the Security Register, for any Bond. AA. The term Inferior Lien Obligations shall mean (i) the Previously Issued Inferior Lien Obligations, (ii) any Additional Inferior Lien Obligations, and (iii) any obligations issued to refund the foregoing payable from and equally and ratably 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. BB. The term Interest Payment Date shall mean the date semiannual interest is payable on the Bonds, being January 15 and July 15 of each year, commencing January 15, 2017, while any of the Bonds remain Outstanding. CC. The term Junior Lien Obligations shall mean (i) the Previously Issued Junior Lien Obligations, (ii) any Additional Junior Lien Obligations, and (iii) obligations hereafter issued to refund any of the foregoing that are payable from and equally and ratably secured solely by a lien on and pledge of the Junior Lien Pledged Revenues, which includes a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations, as determined by the City Council in accordance with applicable law. 27280786.2 -22- DD. The term Junior Lien Pledged Revenues means (1) the Net Revenues that remain after payment of all amounts, and funding of all funds, relating to any Priority Bonds, 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 Junior Lien Obligations, and excluding those revenues excluded from Gross Revenues. EE. The term Net Revenues shall mean all Gross Revenues less Operating Expenses. FF. The term Operating Expenses shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, Inferior Lien Obligations, or other Debt of the System. Operating Expenses shall include the purchase of water, sewer and gas services as received from other entities and the expenses related thereto, and, to the extent permitted by a change in law (and receipt of an opinion as to legality from a firm of nationally recognized bond counsel), Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Operating Expenses shall never include any allowance for depreciation, property retirement, depletion, obsolescence, and other items not requiring an outlay of cash and any interest on the Bonds or any Debt. GG. The term Ordinance shall mean this Ordinance adopted by the City Council on June 21, 2016 authorizing the issuance of the Bonds. HH. The term Outstanding shall mean when used in this Ordinance with respect to all Debt means, as of the date of determination, all Debt except: (1) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations canceled by the Paying Agent/Registrar or delivered to the Paying Agent/Registrar for cancellation; (2) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations for which payment has been duly provided by the City in accordance with the provisions of Section 34 of this Ordinance; and (3) those Priority Bonds, Junior Lien Obligations, Subordinate Lien Obligations, and Inferior Lien Obligations that have been mutilated, destroyed, lost, or stolen and replacement Bonds have been registered and delivered in lieu thereof as provided in Section 27 of this Ordinance. IL The term Paying Agent/Registrar shall mean the financial institution specified in Section 3 of this Ordinance, or its herein -permitted successors and assigns. 27280786.2 -23- JJ. The term Previously Issued Inferior Lien Obligations shall mean the Federal Contract. KK. The term Previously Issued Junior Lien Obligations shall mean, as of the Closing Date the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a lien on and pledge of the Junior Lien Pledged Revenues which includes a lien on and pledge of Net Revenues of the System that is junior and inferior to the lien thereon and pledge thereof securing the Priority Bonds but superior to the lien thereon and pledge thereof securing the Subordinate Lien Obligations and Inferior Lien Obligations, identified as follows: (1) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2012", dated November 15, 2012, in the original principal amount of $69,085,000; (2) "City of Corpus Christi, Texas Utility System Junior Lien Revenue and Refunding Bonds, Series 2012", dated November 15, 2012, in the original principal amount of $155,660,000; (3) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2013", dated November 1, 2013, in the original principal amount of $97,930,000; (4) "City of Corpus Christi, Texas Utility System Junior Lien Revenue Improvement Bonds, Series 2015A", dated March 1, 2015, in the original principal amount of $93,600,000; (5) "City of Corpus Christi, Texas Utility System Variable Rate Junior Lien Revenue Improvement Bonds, Series 2015B", dated March 1, 2015, in the original principal amount of $49,585,000; and (6) Upon issuance, the Bonds. LL. The term Previously Issued Priority Bonds shall mean, as of the Closing Date (i) the Outstanding and unpaid obligations of the City that are payable solely from and equally and ratably secured by a prior and first lien on and pledge of the Net Revenues of the System, identified as follows: (1) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005", dated January 1, 2005, in the original principal amount of $70,390,000; (2) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009", dated March 1, 2009, in the original principal amount of $96,490,000; (3) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010", dated March 1, 2010, in the original principal amount of $8,000,000; 27280786.2 -24- (4) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Taxable Series 2010 (Direct Subsidy -Build America Bonds)", dated July 1, 2010, in the original principal amount of $60,625,000; (5) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A", dated July 1, 2010, in the original principal amount of $14,375,000; and (6) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2012", dated April 1, 2012, in the original principal amount of $52,500,000. MM. The term Previously Issued Subordinate Lien Obligations shall mean the Series 2007 Certificates of Obligation. NN. The term Priority Bonds shall mean the Previously Issued Priority Bonds, any Additional Priority Bonds 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 Net Revenues of the System, as determined by the City Council in accordance with any applicable law. 00. The term Prudent Utility Practice shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method or act at the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. In the case of any facility included in the System which is owned in common with one or more other entities, the term "Prudent Utility Practice", as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility. PP. The term Purchasers shall mean the initial purchaser or purchasers of the Bonds named in Section 28 of this Ordinance. QQ. The term Refunding Candidates shall mean the following obligations of the City from which the Refunded Obligations are selected by an Authorized Official: (1) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003", dated May 15, 2003, in the original principal amount of 28,870,000 and maturing on July 15, 2015 in the aggregate principal amount of $3,415,000; (2) "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005", dated January 1, 2005, in the original principal amount of $70,390,000 and maturing on July 15 in each of the years 2018 through 2020 in the aggregate principal amount of $27,520,000; 27280786.2 -25- (3) "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006", dated October 1, 2006, in the original principal amount of $84,415,000 and maturing on July 15 in each of the years 2017 through 2026 in the aggregate principal amount of $54,290,000; and (4) "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009", dated March 1, 2009, in the original principal amount of $96,490,000 and maturing on July 15 in each of the years 2019 through 2027, July 15, 2029, July 15, 2033, and July 15, 2039 in the aggregate principal amount of $81,015,000. RR. The term Required Reserve Amount shall have the meaning given such term in Section 14 of this Ordinance. SS. The term Reserve Fund shall have the meaning given such term in Section 14 of this Ordinance. TT. The term Reserve Fund Deposits shall have the meaning given such term in Section 14 of this Ordinance. UU. The term Series 2007 Certificates of Obligation shall mean the City's "Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007", dated March 1, 2007, in the original principal amount of $6,985,000, being the only series of Subordinate Lien Obligations currently Outstanding. VV. The term Special Project shall mean, to the extent permitted by law, any water, sewer, wastewater reuse, or municipal drainage system property, improvement, or facility declared by the City, upon the recommendation of the City Council, not to be part of the System, for which the costs of acquisition, construction, and installation are paid from proceeds of Special Project Bonds (as hereinafter defined) being a financing transaction other than the issuance of bonds payable from ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, and for which all maintenance and operation expenses are payable from sources other than ad valorem taxes, Net Revenues, or Junior Lien Pledged Revenues, but only to the extent that and for so long as all or any part of the revenues or proceeds of which are or will be pledged to secure the payment or repayment of such costs of acquisition, construction, and installation under such Special Project Bonds. WW. The term Stated Maturity shall mean the annual principal payments of the Bonds payable on July 15 of each year, as set forth in Section 2 of this Ordinance. XX. The term Subordinate Lien Obligations shall mean (i) the Previously Issued Subordinate Lien Obligations, (ii) any Additional Subordinate Lien Obligations, and (iii) any obligations issued to refund the foregoing payable and equally and ratably secured from a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the payment of the Priority Bonds and the Junior Lien Obligations but superior to the lien thereon and pledge thereof securing the payment of the Inferior Lien Obligations, as determined by the City Council in accordance with any applicable law. 27280786.2 -26- YY. The term System shall mean and include, whether now existing or hereinafter added (including additions made from time to time in accordance with the provisions of the City ordinances authorizing the issuance of the Outstanding Priority Bonds), the City's existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law (and to be added at the sole discretion of the City), storm sewer and drainage within the waterworks system, solid waste disposal system, additional utility (including electricity), telecommunications, technology, and any other similar enterprise services, and all replacements, additions, and improvements to any of the foregoing, within or without the City limits; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City to be a Special Project and not a part of the System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of Special Project Bonds, which are hereby defined as being special revenue obligations of the City which are not secured by or payable from all or part of the Net Revenues and/or Junior Lien Pledged Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such Special Project Bonds. ZZ. The term System Fund shall have the meaning given such term in Section 12 of this Ordinance. SECTION 10: Pledge of Junior Lien Pledged Revenues. A. The City hereby covenants and agrees that the Junior Lien Pledged Revenues of the System are hereby irrevocably pledged to the payment and security of the Junior Lien Obligations, 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 Junior Lien Obligations, and the interest thereon, shall constitute a lien on and pledge of the Junior Lien 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 Junior Lien Pledged Revenues for the payment and security of the Junior Lien Obligations, shall be, subject to the subordinate lien nature of the Junior Lien Pledged Revenues as herein described otherwise, prior in right and claim as to any other indebtedness, liability, or obligation of the City or the System. The Junior Lien Obligations are and will be secured by and payable only from the Junior Lien Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties whether real, personal, or mixed, constituting the System. B. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Bonds and the pledge of Junior Lien 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 Junior Lien Obligations are Outstanding and unpaid such that the pledge of the Junior Lien 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 Junior Lien Obligations the perfection of the security interest in this 27280786.2 -27- 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. For the benefit of the Holders of the Bonds and in addition to all provisions and covenants in the laws of the State of Texas and in this Ordinance, the City hereby expressly stipulates and agrees, while any of the Junior Lien Obligations are Outstanding, to establish and maintain rates and charges for facilities and services afforded by the System that are reasonably expected, on the basis of available information and experience and with due allowance for contingencies, to produce Gross Revenues in each Fiscal Year sufficient: A. To pay all Operating Expenses, or any expenses required by statute to be a first claim on and charge against the Gross Revenues of the System. B. To produce Net Revenues, together with any other lawfully available funds, sufficient to satisfy the rate covenant contained in the ordinances authorizing the issuance of the Priority Bonds and to pay the principal of and interest 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 solely by a prior and first lien on an pledge of the Net Revenues of the System; C. To produce Net Revenues, together with any other lawfully available funds, equal to at least 1.15 times Average Annual Debt Service Requirements on the then -Outstanding Junior Lien Obligations and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Junior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues, including the Junior Lien Pledged Revenues, that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds but senior and superior to the lien thereon and pledge thereof securing the repayment of the Subordinate Lien Obligations and the Inferior Lien Obligations; D. To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the amounts that may be deposited in the special funds established for the payment of the Subordinate Lien Obligations; E. To produce Net Revenues, together with any other lawfully available funds, sufficient to pay the principal of and interest on the Inferior Lien Obligations as the same become due and payable and to deposit the amounts required to be deposited in any reserve or contingency fund or account created for the payment and security of the Inferior Lien Obligations, and any other obligations or evidences of indebtedness issued or incurred that are payable from and secured solely by a lien on and pledge of the Net Revenues that is subordinate and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds, the Junior Lien Obligations, and the Subordinate Lien Obligations; and 27280786.2 -28- F. To pay, together with any other lawfully available funds, any other legally incurred Debt payable from the Net Revenues of the System and/or secured by a lien on any part of the System. The determination of the amount of principal of and interest on any obligations identified in this Section for the purpose of confirming the sufficiency of System rates and charges shall be made after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of obligations irrevocably designated as refundable tax credit bonds pursuant to the City ordinance authorizing their issuance or otherwise relating thereto. SECTION 12: System Fund. The City hereby covenants, agrees, and ratifies its prior covenants and agreements that the Gross Revenues of the System shall be deposited, as collected and received, into a separate Fund or account (previously created and established and to be maintained with the Depository) known as the "City of Corpus Christi, Texas Utility System Revenue Fund" (the System Fund) and that the Gross Revenues of the System shall be kept separate and apart from all other funds of the City. All Gross Revenues deposited into the System 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 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 into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Priority Bonds and any Additional Priority Bonds hereafter issued by the City. C. Third: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Junior Lien Obligations and any Additional Junior Lien Obligations hereafter issued by the City. D. Fourth: To the payment of the amounts required to be deposited into the special funds and accounts created and established for the payment, security and benefit of the Previously Issued Subordinate Lien Obligations and any Additional Subordinate Lien Obligations hereafter issued by the City. E. Fifth: To the payment of the amounts that must be deposited in any special funds and accounts created and established for the payment, security, and benefit of the Previously Issued Inferior Lien Obligations and any Additional Inferior Lien Obligations hereafter issued by the City. Any Net Revenues remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, and for any other lawful purpose; provided, however, that for so long as any Priority Bonds remain Outstanding, transfers made for purposes other than for payment of obligations of the System shall be made only at the end of the Fiscal Year (if such limitation is imposed, and then, only to the extent imposed in the City ordinances authorizing the issuance of the Priority Bonds). 27280786.2 -29- SECTION 13: Bond Fund - Excess Funds. For purposes of providing funds to pay the principal of and interest on the currently Outstanding Junior Lien Obligations as the same become due and payable, the City agrees to maintain, at the Depository, a separate and special Fund or account to be created and known as the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds Interest and Sinking Fund" (the Bond Fund). The City covenants that there shall be deposited by an Authorized Official into the Bond Fund prior to each principal and interest payment date from the available Net Revenues an amount equal to one hundred per cent (100%) of the amount required to fully pay the interest on and the principal of the currently Outstanding Junior Lien Obligations then falling due and payable, such deposits to pay maturing principal and accrued interest on the currently Outstanding Junior Lien Obligations to be made in substantially equal monthly installments on or before the 10th day of each month, beginning on or before the 10th day of the month next following the delivery of the Bonds to the Purchasers. As described further in Section 15 hereof, if the Junior Lien Pledged Revenues in any month are insufficient to make the required payments into the Bond Fund, then the amount of any deficiency in such payment shall be added to the amount otherwise required to be paid into the Bond Fund in the next month. The required monthly deposits to the Bond Fund for the payment of principal of and interest on the currently Outstanding Junior Lien Obligations shall continue to be made as hereinabove provided until such time as (i) the total amount on deposit in the Bond Fund and Reserve Fund is equal to the amount required to fully pay and discharge all Outstanding Junior Lien Obligations (principal and interest) or (ii) the Junior Lien Obligations are no longer Outstanding. Any proceeds of the Bonds, and investment income thereon, not expended for authorized purposes shall be deposited into the Bond Fund and shall be taken into consideration and reduce the amount of monthly deposits required to be deposited into the Bond Fund from the Net Revenues of the System. 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 Junior Lien Pledged Revenues. SECTION 14: Reserve Fund. To accumulate and maintain a reserve for the payment of the Bonds equal to 100% of the Average Annual Debt Service Requirements or such lesser amount as restricted by the Code (calculated by the City Council at the beginning of each Fiscal Year and as of the date of issuance of the Bonds and each series of Additional Junior Lien Obligations) for the Bonds (the Required Reserve Amount), the City hereby creates and establishes, and shall maintain at a Depository a separate and special fund known as the "Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds Reserve Fund" (the Reserve Fund). Earnings and income derived from the investment of amounts held for the credit of the Reserve Fund shall be retained in the Reserve Fund until the Reserve Fund contains the Required Reserve Amount; thereafter, such earnings and income shall be deposited to the credit of the System Fund. All funds deposited into the Reserve Fund shall be used solely for the payment of the principal of and interest on the Bonds, when and to the extent other funds available for such 27280786.2 -30- purposes are insufficient, and, in addition, may be used to retire the last Stated Maturity or Stated Maturities of or interest on the Bonds. The City may acquire a Credit Facility or Facilities issued by a Credit Provider in amounts equal to all or part of the Required Reserve Amount for the Bonds in lieu of depositing cash into the Reserve Fund; provided, however, that no such Credit Facility may be so substituted unless the substitution of the Credit Facility will not, in and of itself, cause any ratings then assigned to the Bonds by any nationally recognized rating agency to be lowered and the resolution authorizing the substitution of the Credit Facility for all or part of the Required Reserve Amount for the Bonds contains (i) a finding that such substitution is cost effective and (ii) a provision that the interest due on any repayment obligation of the City by reason of payments made under such Credit Facility does not exceed the highest lawful rate of interest which may be paid by the City at the time of the delivery of the Credit Facility. The City reserves the right to use Junior Lien Pledged Revenues to fund the payment of (1) periodic premiums on the Credit Facility as a part of the payment of the City's Operating Expenses, and (2) any repayment obligation incurred by the City (including interest) to the Credit Provider, the payment of which will result in the reinstatement of such Credit Facility, prior to making payments required to be made to the Reserve Fund pursuant to the provisions of this Section to restore the balance in such fund the Required Reserve Amount for the Bonds. Until the issuance of any Additional Junior Lien Obligations (or as from time to time recalculated by the City as provided in the first paragraph of this Section), the Required Reserve Amount is $ (inclusive of the Bonds). Of this amount, $ , representing the portion of the Required Reserve Amount attributable to the Bonds, shall be deposited to the Reserve Fund at such time as may be required pursuant to the provisions of this Section from Revenues, paid from the System Fund at such level of priority as specified in Section 12, by the deposit of monthly installments, made on or before the 10th day of each month following the month in which such obligation to fund the Reserve Fund arises, of not less than 1/60th of the amount to be maintained in the Reserve Fund. As and when Additional Junior Lien Obligations are delivered or incurred, the Required Reserve Amount shall be increased, if required, to an amount calculated in the manner provided in the first paragraph of this Section. Any additional amount required to be maintained in the Reserve Fund shall be so accumulated by the deposit of all or a portion of the necessary amount from the proceeds of the issue or other lawfully available funds in the Reserve Fund immediately after the delivery of the then proposed Additional Junior Lien Obligations, or, at the option of the City, by the deposit of monthly installments, made on or before the business day before the 10th day of each month following the month of delivery of the then proposed Additional Junior Lien Obligations, of not less than 1/60th of the additional amount to be maintained in the Reserve Fund by reason of the issuance of the Additional Junior Lien Obligations then being issued (or 1/60th of the balance of the additional amount not deposited immediately in cash) (such deposits, the Required Reserve Fund Deposits), thereby ensuring the accumulation in the Reserve Fund of the appropriate Required Reserve Amount. When and for so long as the cash and investments in the Reserve Fund equal the Required Reserve Amount, no deposits need be made to the credit of the Reserve Fund; but, if and when the Reserve Fund at any time contains less than the Required Reserve Amount (other 27280786.2 -31- than as the result of the issuance of Additional Junior Lien Obligations as provided in the preceding paragraph), the City covenants and agrees to cure the deficiency in the Required Reserve Amount by resuming the Required Reserve Fund Deposits to the Reserve Fund from the Junior Lien Pledged Revenues in monthly deposit amounts equal to not less than 1/60th of the Required Reserve Amount covenanted by the City to be maintained in the Reserve Fund. Any such deficiency payments shall be made on or before the 10th day of each month until the Required Reserve Amount has been fully restored. The City further covenants and agrees that, subject only to the prior payments to be made to the Bond Fund, the Junior Lien Pledged Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve Amount and to cure any deficiency in such amounts as required by the terms of this Ordinance, any City ordinance authorizing the issuance of the Priority Bonds, and any other ordinance pertaining to the issuance of Additional Junior Lien Obligations. During such time as the Reserve Fund contains the Required Reserve Amount, the City Council may, at its option, withdraw all surplus funds in the Reserve Fund in excess of the Required Reserve Amount. Any such withdrawn surplus shall be deposited to the Bond Fund or used by the City for any other lawful purpose; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then -applicable State law. In the event a Credit Facility issued to satisfy all or a part of the City's obligation with respect to the Reserve Fund causes the amount then on deposit in the Reserve Fund to exceed the Required Reserve Amount for the Bonds, the City may transfer such excess amount to any fund or funds established for the payment of or security for the Bonds (including any escrow established for the final payment of any such obligations pursuant to the provisions of Chapter 1207), or be used for any lawful purposes; provided, however, to the extent that such excess amount represents Bond proceeds, then such amount must be transferred to the Bond Fund or be otherwise used in accordance with then -applicable State law. Notwithstanding anything to the contrary contained in this Section, the requirements set forth above to fund the Reserve Fund in the amount of the Required Reserve Amount shall be suspended for such time as the Junior Lien Pledged Revenues for each Fiscal Year are equal to at least 110% of the Average Annual Debt Service Requirements. In the event that the Junior Lien Pledged Revenues for any two consecutive Fiscal Years are less than 110% (unless such percentage is below 100% in any Fiscal Year, in which case the hereinafter—specified requirements will commence after such Fiscal Year) of the Average Annual Debt Service Requirements, the City will be required to commence making the deposits to the Reserve Fund, as provided above, and to continue making such deposits until the earlier of (i) such time as the Reserve Fund contains the Required Reserve Amount or (ii) the Junior Lien Pledged Revenues for a Fiscal Year have been equal to not less than 110% of the Average Annual Debt Service Requirements. SECTION 15: Deficiencies - Excess Junior Lien Pledged Revenues. A. If on any occasion there shall not be sufficient Junior Lien 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 Junior Lien Pledged Revenues, or from any other 27280786.2 -32- 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 or resolution authorizing the issuance of the currently Outstanding Priority Bonds, the Junior Lien Obligations, the Subordinate Lien Obligations and the Inferior Lien Obligations, the excess Net Revenues of the System may be used by the City for any lawful purpose (as further provided in Section 12 hereof). SECTION 16: Payment of Bonds. While any of the Bonds are Outstanding, an Authorized Official 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 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 Bonds at the close of the business day next preceding the date a debt service payment is due on the Bonds. SECTION 17: 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 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 Bonds. SECTION 18: Covenants. It is the intention of the City Council and accordingly hereby recognized and stipulated that the provisions, agreements, and covenants contained herein bearing upon the management and operations of the System, and the administering and application of Gross Revenues derived from the operation thereof, shall to the extent possible be harmonized with like provisions, agreements, and covenants contained in the City ordinances authorizing the issuance of the Priority Bonds now or hereafter Outstanding, and to the extent of any irreconcilable conflict between the provisions contained herein and in the City ordinances 27280786.2 -33- authorizing the issuance of the Priority Bonds now or hereafter Outstanding, the provisions, agreements and covenants contained therein shall prevail to the extent of such conflict and be applicable to this Ordinance, especially the priority of rights and benefits conferred thereby to the holders of the Priority Bonds now or hereafter Outstanding; provided, however, that the provisions of this Ordinance concerning the issuance of Additional Priority Bonds shall control. It is expressly recognized that prior to the issuance of any Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, or Additional Inferior Lien Obligations, that the City must comply with each of the conditions precedent contained in this Ordinance and the City ordinances authorizing the issuance of the then -Outstanding Priority Bonds, as appropriate. A. Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Junior Lien Obligations; it will promptly pay or cause to be paid the principal amount of and interest on all Debt, on the dates and in the places and manner prescribed in such ordinances and such Debt; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herein created; and any registered owner of any Debt may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Debt, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. B. City's Legal Authority. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for the issuance of the Bonds has been duly and effectively taken, and that the Bonds in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. C. Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time, with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and in an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. D. Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Junior Lien Obligations, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Junior Lien 27280786.2 -34- Pledged Revenues to the payment of the Junior Lien Obligations in the manner prescribed herein, and has lawfully exercised such rights. E. Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. F. No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Junior Lien Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. G. Further Encumbrance. It will not additionally encumber the Net Revenues of the System in any manner, except as permitted in the City ordinances authorizing the Previously Issued Priority Bonds and in this Ordinance (which provisions are also included in other City ordinances authorizing other series of Junior Lien Obligations). H. Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if (A) it shall determine such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by an Engineer and the City Manager stating, in their opinion, that the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by an Engineer and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Fiscal Year with the provisions of Subsection K of this Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Debt, or (ii) otherwise be used to provide for the payment of Debt. The foregoing 27280786.2 -35- notwithstanding, if such property or facilities sold or exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, improvement or extension of such system having not been financed by the City in any manner with the proceeds of Debt, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Debt, then the City may utilize the proceeds of such sale or exchange for any lawful purpose; and (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Debt under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by an Engineer and the City Manager that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. I. Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Fiscal Year by the Accountant. J. Insurance. (1) Except as otherwise permitted in clause (2) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. (2) In lieu of obtaining policies for insurance as provided above, the City may self -insure against risks, accidents, claims or casualties described in clause (1) above. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with 27280786.2 -36- respect to the maintenance of insurance, and listing the areas of insurance for which the City is self-insuring, all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. K. Audits. After the close of each Fiscal Year while any Debt is Outstanding, an audit will be made of the books and accounts relating to the System and the Net Revenues by the Accountant. Such annual audit reports shall be open to the inspection of the registered owners of Debt and their agents and representatives at all reasonable times. L. Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. M. No Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System's facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. N. Rights of Inspection. The Engineer or any registered owner of $100,000 in aggregate principal amount of the Debt then Outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto, and upon request the City shall furnish to an Engineer or such registered owner, as the case may be, such financial statements, reports and other information relating to the City and the System as an Engineer or such registered owner may from time to time reasonably request. SECTION 19: Issuance of Additional Priority Bonds, Additional Junior Lien Obligations, Additional Subordinate Lien Obligations, and Additional Inferior Lien Obligations. The City hereby expressly reserves the right to hereafter issue bonds, notes, warrants, certificates of obligation, or similar obligations, payable, wholly or in part, as appropriate, from and secured by a pledge of and lien on the Net Revenues of the System with the following priorities, without limitation as to principal amount, but subject to any terms, conditions, or restrictions applicable thereto under existing ordinances, laws, or otherwise: A. Additional Priority Bonds payable from and equally and ratably secured by a first and prior lien on and pledge of the Net Revenues of the System upon satisfying each of the conditions precedent contained in the City ordinances authorizing the Previously Issued Priority Bonds concerning the issuance of Additional Priority Bonds to realize debt service savings by refunding any Priority Bonds at such time outstanding. For the avoidance of doubt, the City hereby covenants to no longer issue Priority Bonds for "new money" purposes. B. Additional Junior Lien Obligations, secured by and payable from the Junior Lien Pledged Revenues, which includes (primarily) a lien on and pledge of Net Revenues that is junior and inferior to the lien thereon and pledge thereof securing the repayment of the Priority Bonds but senior and superior to the lien there on and pledge thereof securing the repayment of 27280786.2 -37- the Subordinate Lien Obligations and the Inferior Lien Obligations, upon satisfying each of the following conditions precedent: (1) The City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Net Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Net Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Junior Lien Obligations, but such certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Junior Lien Obligations. (2) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsection (3) of this Section and Section 21 hereof, respectively) unless and until the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings (as hereinafter defined) for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average Annual Debt Service Requirements for all then -Outstanding Priority Bonds and Junior Lien Obligations after giving effect to the Additional Junior Lien Obligations then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Junior Lien Obligations may not be issued for the purpose of financing Capital Improvements when other Outstanding Junior Lien Obligations which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Junior Lien Obligations has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations then proposed to be issued, unless the conditions precedent in Subsection (1) above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection as set forth above, or (2) if the relevant conditions of this Subsection (2) as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection (3)(i) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certification of the City Manager to the effect that, according to the books and records of the City, the Net Earnings for the preceding Fiscal Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Junior Lien Obligations is adopted are at least equal to 1.15 times the Average 27280786.2 -38- Annual Debt Service Requirements for all then -Outstanding Priority Bonds and Junior Lien Obligations (other than Junior Lien Obligations issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Junior Lien Obligations proposed to be issued) after giving effect to the Additional Junior Lien Obligations then proposed to be issued. (3) Conditions Precedent for Issuance of Additional Junior Lien Obligations - Capital Additions: Initial Issue. The City covenants and agrees that Additional Junior Lien Obligations will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection (1) above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection (1) above are satisfied or, in the alternative, the City shall have obtained: (i) from an Engineer a comprehensive engineering report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Fiscal Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for furnishing such service or product from other reasonably available sources; and (ii) a certificate of an Engineer to the effect that, based on an engineering report prepared thereby for each Capital Addition, the projected Net Earnings for each of the five Fiscal Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the engineering report) will be equal to at least 1.15 times the Average Annual Debt Service Requirements for the currently Outstanding Junior Lien Obligations or incurred and all Additional Junior Lien Obligations estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Fiscal Year subsequent to the date the Capital Addition is estimated to become commercially operative. (4) Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection (3)(i) and (ii) above and the initial Junior Lien Obligations issued therefor are delivered, the City reserves the right to issue Additional Junior Lien Obligations to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection (3)(i) and (ii) or Subsection (1) of this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the Forecast) of the operations of the System demonstrating the System's ability to pay all obligations, payable from the Net Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the 27280786.2 -39- period (the Forecast Period) of each ensuing Fiscal Year through the fifth Fiscal Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) an Engineer reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Net Revenues of the System will be adequate to pay all the obligations, payable from the Junior Lien Pledged Revenues of the System to be Outstanding after the issuance of the Additional Junior Lien Obligations then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Junior Lien Obligations are estimated to be sufficient to complete such acquisition and construction. (5) Computations; Reports. With reference to Junior Lien Obligations anticipated and estimated to be issued or incurred, the Average Annual Debt Service Requirements therefor shall be those reasonably estimated and computed by the City's Director of Financial Services (or other officer of the City then having the primary responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to any series of Junior Lien Obligations irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Junior Lien Obligations to which it relates. In the preparation of the engineering report required in Subsection (3)(i) above, an Engineer may rely on other experts or professionals, including those in the employment of the City, provided such engineering report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Junior Lien Obligations for Capital Additions, the certification of the City Manager and an Engineer, together with the engineering report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. (6) Combination Issues. Junior Lien Obligations for Capital Additions may be combined in a single issue with Junior Lien Obligations for Capital Improvements or for any lawful purpose provided the conditions precedent set forth in Subsection (2) through (4) are complied with as the same relate to the appropriate purpose. (7) Definition of Net Earnings. As used in this Section, the term Net Earnings shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System and those items identified in the SECOND level of priority in Section 12 hereof, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. (8) Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the City Manager may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the City Manager's certification or opinion 27280786.2 -40- based on such change in rates and charges being in effect for the entire period covered by the City Manager's certificate or opinion. C. 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 and that is included in the Junior Lien Pledged Revenues, respectively, but senior and superior to the lien there on and pledge thereof securing the repayment of the Inferior Lien Obligations, on the terms and 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 currently - Outstanding Priority Bonds, this Ordinance, and the Previously Issued Subordinate Lien Obligations. D. The City may issue Additional Inferior 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 and that is included in the Junior Lien Pledged Revenues, respectively, on the terms and 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 currently -Outstanding Priority Bonds, this Ordinance, and, to the extent applicable, the Federal Contract. SECTION 20: Refunding Bonds. The City reserves the right to issue refunding bonds to refund all or any part of the currently Outstanding Debt, 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 if less than all such currently Outstanding Debt are refunded, the conditions precedent prescribed for the issuance of Additional Junior Lien Obligations set forth in Section 19 of this Ordinance shall be satisfied and the City Managers' certification required in Section 19 shall give effect to the Debt Service Requirements of the proposed refunding bonds (but shall not give effect to the Debt Service Requirements of the obligations being refunded following their cancellation or provision being made for their payment). SECTION 21: Issuance of Special Project Bonds. Nothing in this Ordinance shall be construed to deny the City the right and it shall retain the right to issue Special Project Bonds, provided, however, the City will not issue Special Project Bonds unless the City concludes, upon recommendation of the City Council, that (i) the plan for developing the Special Project is consistent with sound planning, (ii) the Special Project would not materially and adversely interfere with the operation of the System, (iii) the Special Project can be economically and efficiently operated and maintained, and (iv) the Special Project can be economically and efficiently utilized by the City to meet combined utility system requirements and the cost of such will be reasonable. SECTION 22: 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. 27280786.2 -41- SECTION 23: 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. For the avoidance of doubt, no default with respect to any obligation that is secured by and payable from a lien on and pledge of Net Revenues that is junior and subordinate to the lien thereon and pledge thereof securing the Priority Bonds shall ever be deemed to be a default with respect to the Priority Bonds. SECTION 24: 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 25: 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. SECTION 26: 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. 27280786.2 -42- SECTION 27: 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 28: Sale of Bonds- Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , Texas, as the authorized representative of a group of underwriters (the Purchasers, and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2016 (the Purchase Contract) attached hereto as Exhibit B and incorporated herein by reference as a part of this Ordinance for all purposes. The pricing terms of the sale of the Bonds are hereby found and determined to be the most advantageous reasonably obtainable by the City. The Initial Bond shall be registered in the name of . Any Authorized Official 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, 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. 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. 27280786.2 -43- Furthermore, the City hereby ratifies, confirms, and approves in all respects (i) the City's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchasers in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Official), shall be and is hereby in all respects approved and the Purchasers are hereby authorized to use and distribute the final Official Statement, dated , 2016, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the City copies of the Official Statement in final form as may be required by the Purchasers, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchasers. SECTION 29: Escrow and Trust Agreement - Approval and Execution. The Escrow and Trust Agreement dated as of June 21, 2016 (the Agreement) by and between the City and The Bank of New York Mellon Trust Company, N.A., Dallas, Texas (the Escrow Agent), attached hereto as Exhibit C and incorporated herein by reference as a part of this Order for all purposes, is hereby approved as to form and content, and such Agreement in substantially the form and substance attached hereto, together with such changes or revisions as may be necessary to accomplish the refunding or benefit the City, is hereby authorized to be executed by an Authorized Official for and on behalf of the City and as the act and deed of this City Council; and such Agreement as executed by said officials shall be deemed approved by the City Council and constitute the Agreement herein approved. Furthermore, any Authorized Official and Bond Counsel, in cooperation with the Escrow Agent, are hereby authorized and directed to make the necessary arrangements for the purchase of the Escrowed Securities, if any, referenced in the Agreement and the delivery thereof to the Escrow Agent on the day of delivery of the Bonds to the Purchasers for deposit to the credit of the "CITY OF CORPUS CHRISTI, TEXAS JUNIOR LIEN REVENUE REFUNDING BONDS, SERIES 2016 ESCROW FUND" (the Escrow Fund), including the execution of the subscription forms, if any, for the purchase and issuance of the "United States Treasury Securities - State and Local Government Series" for deposit to the Escrow Fund; all as contemplated and provided by the provisions of the Act, this Ordinance, and the Agreement. SECTION 30: Proceeds of Sale; Contribution from the City Immediately following the delivery of the Bonds, certain proceeds of sale along with a cash contribution, if any, from the City (less certain costs of issuance and accrued interest, if any, received from the Purchasers of the Bonds) shall be deposited with the Escrow Agent for application and disbursement in accordance with the provisions of the Escrow Agreement. The proceeds of sale of the Bonds not so deposited with the Escrow Agent for the refunding of the Refunded Obligations shall be disbursed for payment of costs of issuance or deposited in the Bond Fund for the Bonds, all in accordance with written instructions from an Authorized Official. Amounts held in the interest and sinking fund for the Refunded Obligations and not used as part of the City's contribution to the Escrow Fund, if any, shall be deposited into the Bond Fund and used to pay principal on the Bonds. 27280786.2 -44- SECTION 31: Redemption of Refunded Obligations. The Refunded Obligations referenced in the preamble hereof become subject to redemption prior to their stated maturities at the price of par and accrued interest to their respective date of redemption. The City shall give written notice to the paying agent/registrar for the Refunded Obligations that the Refunded Obligations have been called for redemption, and the City Council orders that such obligations are called for redemption on the redemption dates set forth on Schedule I attached hereto, and such order to redeem the Refunded Obligations on such date shall be irrevocable upon the delivery of the Bonds. A copy of the notice of redemption pertaining to each series of Refunded Obligations is attached to this Ordinance as Exhibit D and is incorporated herein by reference for all purposes. The paying agent/registrar for the Refunded Obligations is authorized and instructed to provide notice of these redemptions to the holders of the Refunded Obligations in the form and manner described in the respective City ordinances authorizing each issuance of Refunded Obligations. SECTION 32: Covenants to Maintain Tax -Exempt Status. A. Definitions. When used in this Section, the following terms have the following meanings: Code means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. Computation Date has the meaning set forth in Section 1.148-1(b) of the Regulations. Gross Proceeds means any proceeds as defined in Section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in Section 1.148-1(c) of the Regulations, of the Bonds. Investment has the meaning set forth in Section 1.148-1(b) of the Regulations. Nonpurpose Investment means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. Rebate Amount has the meaning set forth in Section 1.148-1(b) of the Regulations. Regulations means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. 27280786.2 Yield of (a) any Investment has the meaning set forth in Section 1.148-5 of the Regulations; and -45- (b) the Bonds means the yield on the Bonds, calculated in the manner set forth in Section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the gross income, as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except as would not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last Stated Maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), and not use or permit the use of such Gross Proceeds (including all contractual arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. D. No Private Loan. Except as would not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds (including property financed with Gross Proceeds of the Refunded Obligations), to make or finance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross 27280786.2 -46- Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except as would not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final Stated Maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section 149(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(0 of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds of the Bonds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(0 of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchasers and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Bond Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, the amount that when added to the future value of previous rebate payments made for the Bonds equals (i) in the case of a Final Computation Date as defined in Section 1.148- 3(e)(2) of the Regulations, one hundred percent (100%) of the Rebate Amount on such date; and (ii) in the case of any other Computation Date, ninety percent (90%) of the 27280786.2 -47- Rebate Amount on such date. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(f) of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under Section 1.148-3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the Stated Maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) At the time the original bonds refunded by the Bonds were issued, the City reasonably expected to spend at least 85% of the spendable proceeds of such bonds within three years after such bonds were issued. (2) Not more than 50% of the proceeds of the original bonds refunded by the Bonds were invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of four (4) years or more. (3) The District reasonably expects to spend 85% of the spendable years after the date of issuance thereof. K. Current Refunding of the Refunded Obligations. The Bonds are issued, in part, to refund the Refunded Obligations set forth on Schedule I hereto as Number 1 (the Current Refunded Obligations) and the Bonds will be issued, and the proceeds thereof used, within 90 days after the Closing Date for the payment of the Current Refunded Obligations at their date of prior redemption. In the issuance of the Bonds, the City has employed no "device" to obtain a material financial advantage (based on arbitrage), within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. The City has complied with the covenants, representations, and warranties contained in the documents executed in connection with the issuance of the Current Refunded Obligations L. Qualified Advance Refunding. The Bonds are issued to refund the Refunded Obligations set forth in Schedule I hereto as Number 2 (the Advance Refunded Obligations), and the Bonds will be issued more than 90 days before the redemption of the Advance Refunded Obligations. The City represents as follows: 27280786.2 -48- (1) The Bonds are the "first advance refunding" of any Advance Refunded Obligations issued after 1985 and are the "first or second advance refunding" of any Advance Refunded Obligations issued before 1986, both within the meaning of section 149(d)(3) of the Code. (2) The Advance Refunded Obligations are being called for redemption, and will be redeemed: (i) in the case of Advance Refunded Obligations issued after 1985, not later than the earliest date on which such bonds may be redeemed and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds; and (ii) in the case of Advance Refunded Obligations issued before 1986, not later than the earliest date on which such issue may be redeemed at par or at a premium of 3 percent or less and on which the City will realize present value debt service savings (determined without regard to administrative expenses) in connection with the issuance of the Bonds. (3) The initial temporary period under section 148(c) of the Code will end: (i) with respect to the proceeds of the Bonds used to refund the Advance Refunded Obligations not later than 30 days after the date of issue of such Bonds; and (ii) with respect to proceeds of the Advance Refunded Obligations on the Closing Date if not ended prior thereto. (4) On and after the date of issue of the Bonds, no proceeds of the Advance Refunded Obligations will be invested in Nonpurpose Investments having a Yield in excess of the Yield on such Advance Refunded Obligations. (5) The Bonds are being issued for the purposes stated in the preamble of this Ordinance. There is a present value savings associated with the refunding. In the issuance of the Bonds the City has: (i) neither issued more bonds, nor issued bonds earlier, and will not allow bonds to remain outstanding longer, than reasonably necessary to accomplish the governmental purposes for which the Bonds were issued; (ii) not employed an "abusive arbitrage device" within the meaning of Section 1.148-10(a) of the Regulations; and (iii) not employed a "device" to obtain a material financial advantage based on arbitrage, within the meaning of section 149(d)(4) of the Code, apart from savings attributable to lower interest rates. M. Elections. The City hereby directs and authorizes each Authorized Official, or any combination of them, to make elections permitted or required pursuant to the provisions of the Code or the Regulations, as they deem necessary or appropriate in connection with the Bonds, in the Certificate as to Tax Exemption or similar or other appropriate certificate, form or document. Such elections shall be deemed to be made on the Closing Date. SECTION 33: Control and Custody of Bonds. The Mayor 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. 27280786.2 -49- Furthermore, any Authorized Official or any combination of them are 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 to the Purchasers. SECTION 34: 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 Junior Lien Pledged Revenues made 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. The 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 or to the redemption date therefor, together with all interest due thereon, shall have been irrevocably deposited with and held in trust by the Paying Agent/Registrar or an authorized escrow agent, 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, on and prior to the Stated Maturity thereof or (if notice of redemption has been duly given or waived or if irrevocable arrangements therefor acceptable to the Paying Agent/Registrar have been made) the redemption date thereof for the Bonds. 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. The City covenants that no deposit of money or Government Securities will be made under this Section and no use made of any such deposit which would cause the Bonds to be treated as arbitrage bonds within the meaning of section 148 of the Code (as defined in Section 32 hereof). 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. 27280786.2 -50- 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 35: 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 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 36: Printed Opinion. The Purchasers' obligation to accept delivery of the Bonds is subject to their being furnished a final opinion of Norton Rose Fulbright US LLP, as Bond Counsel, approving certain legal matters as to the Bonds, said 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 said opinion on the reverse side of each of said Bonds, with appropriate certificate pertaining thereto executed by facsimile signature of the City's Secretary is hereby approved and authorized. SECTION 37: 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 38: Effect of Headings. The Section headings herein are for convenience only and shall not affect the construction hereof. 27280786.2 -51- SECTION 39: 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, 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, and the Holders. SECTION 40: Inconsistent Provisions. All resolutions and ordinances, 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 resolved herein. SECTION 41: 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 42: 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 43: 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. SECTION 44: 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, 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 45: 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. SECTION 46: Continuing Disclosure of Information. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the internet through the uniform resource locator (URL) http://www.emma.msrb.org. MSRB means the Municipal Securities Rulemaking Board. 27280786.2 -52- Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each Fiscal Year of the City ending in or after 2016, financial information and operating data with respect to the System of the general type included in the final Official Statement authorized by Section 28 of this Ordinance, being the information described in Exhibit E hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit E hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such financial 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 file unaudited financial statements within such period and audited financial statements for the applicable Fiscal Year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its Fiscal Year, it will file notice thereof with the MSRB of the change (and of the date of the new Fiscal Year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; 27280786.2 (7) Modifications to rights of Holders of the Bonds, if material; (8) Bond calls, if material, and tender offers; -53- (9) Defeasances; (10) Release, substitution, or sale of property securing repayment of the Bonds, if material; (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional Paying Agent/Registrar or the change of name of a Paying Agent/Registrar, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly 27280786.2 -54- provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be 27280786.2 -55- saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the United States Securities and Exchange Commission. SECTION 47: Book -Entry Only System. The Bonds are initially 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 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 G (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 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 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 27280786.2 -56- 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 48: 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 Agreement, the Paying Agent/Registrar Agreement, and the Purchase Contract. In addition, prior to the initial delivery of the Bonds, each Authorized Official 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 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 49: 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 50: 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 51: Automatic Budget Amendments to Reflect Final Debt Service Payments. To the extent that the City Council has adopted an annual budget that includes payment of debt service on any Bonds issued (or to be issued) pursuant to this Ordinance based on the City's 27280786.2 -57- reasonable expectations and projections relative to those Bonds, such budget entries shall, upon the issuance of Bonds, be automatically adjusted to reflect actual debt service payments on those Bonds coming due during the period of time covered by such budget. Each Authorized Official, or the designee thereof, is authorized to make such necessary budget entries and/or adjustments to reflect these final debt service amounts. SECTION 52: 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 53: 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 54: Ancillary Bond Contracts. Though such parties may be identified, and the entry into a particular form of contract may be authorized herein, the City Council hereby delegates to each Authorized Official the authority to independently select the counterparty to any agreement with any paying agent/registrar, rating agency, securities depository, escrow agent, open market securities bidding agent, verification agent or any other contract that is determined by an Authorized Official, the City's Co -Financial Advisor, or the City's Co -Bond Counsel to be necessary or incidental to the issuance of the Bonds as long as each of such contracts has a value of less than the amount referenced in Section 2252.908 of the Texas Government Code (collectively, the Ancillary Bond Contracts); and, as necessary, to execute the Ancillary Bond Contracts on behalf and as the act and deed of the City. The Governing Body has not participated in the selection of any of the business entities which are counterparties to the Ancillary Bond Contracts. SECTION 55: City's Consent to Provide Information and Documentation to the Texas MAC. The Municipal Advisory Council of Texas (the Texas MAC), a non-profit membership corporation organized exclusively for non-profit purposes described in section 501(c)(6) of the Internal Revenue Code and which serves as a comprehensive financial information repository regarding municipal debt issuers in Texas, requires provision of written documentation regarding the issuance of municipal debt by the issuers thereof. In support of the purpose of the Texas MAC and in compliance with applicable law, the City hereby consents to and authorizes any Authorized Official, the City's Bond Counsel, and/or the City's Financial Advisor to provide to the Texas MAC information and documentation requested by the Texas MAC relating to the Certificates; provided, however, that no such information and documentation shall be provided prior to the Closing Date. This consent and authorization relates only to information and documentation that is a part of the public record concerning the issuance of the Bonds. SECTION 56: Effective Date. This Ordinance shall be in force and effect from and after its final passage, and it is so resolved. 27280786.2 -58- 27280786.2 [The remainder of this page intentionally left blank.] -59- SIGNED AND SEALED THIS 21ST DAY OF JUNE, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (SEAL) APPROVED THIS 21ST DAY OF JUNE, 2016: Miles Risley, City Attorney 27280786.2 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 21St day of June, 2016, authorizing the issuance of the City's Utility System Revenue Refunding Bonds, Series 2016, 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 21st day of June, 2016. 27280786.2 City Secretary (CITY SEAL) S-2 The foregoing ordinance was read for the first time and passed to its second reading on this the 14th day of June, 2016, by the following vote: Nelda Martinez Rudy Garza Carolyn Vaughn Michael T. Hunter Brian Rosas Chad Magill Lucy Rubio Mark Scott Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the 21st day of June, 2016, by the following vote: Nelda Martinez Rudy Garza Carolyn Vaughn Michael T. Hunter Brian Rosas Chad Magill Lucy Rubio Mark Scott Colleen McIntyre PASSED AND APPROVED, this the 21st day of June, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 27280786.2 S-3 INDEX TO SCHEDULES AND EXHIBITS Schedule I Schedule of Refunded Obligations Schedule II Approval Certificate Exhibit A Paying Agent/Registrar Agreement Exhibit B Purchase Contract Exhibit C Escrow and Trust Agreement Exhibit D Notice of Redemption Exhibit E Description of Annual Financial Information Exhibit F Form of Reimbursement Agreement Exhibit G DTC Letter of Representations 27280786.2 S-4 SCHEDULE I Schedule of Refunded Obligations 1. "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006", dated October 1, 2006, in the original principal amount of $84,415,000 and maturing on July 15 in each of the years 2017 through 2026 in the aggregate principal amount of $3,720,000. The redemption date for these Refunded Obligations is August _, 2016. 2. "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2009", dated March 1, 2009, in the original principal amount of $96,490,000 and maturing on July 15 in each of the years 2017 through 2027, July 15, 2029, July 15, 2033, and July 15, 2039 in the aggregate principal amount of $81,015,000. The redemption date for these Refunded Obligations is July 15, 2018. 27280786.2 Schedule I-1 27280786.2 SCHEDULE II Approval Certificate See Tab No. Schedule II -1 27280786.2 EXHIBIT A Paying Agent/Registrar Agreement See Tab No. A-1 27280786.2 EXHIBIT B Purchase Contract See Tab No. B-1 27280786.2 EXHIBIT C Escrow and Trust Agreement See Tab No. C-1 27280786.2 EXHIBIT D Notice of Redemption See Tab No. D-1 EXHIBIT E Description of Annual Financial Information The following information is referred to in Section 46 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. The City's audited financial statements for the most recently concluded Fiscal Year or to the extent these audited financial statements are not available, unaudited financial statements of the City for the most recently concluded Fiscal Year. 2. Tables 1 through 23 contained in the Official Statement; and the Audited Financial Statement of the City, as set forth in Appendix B to the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 27280786.2 E-1 27280786.2 EXHIBIT F Form of Reimbursement Agreement N/A F-1 27280786.2 EXHIBIT G DTC Letter of Representations See Tab No. G-1 AGENDA MEMORANDUM First Reading for the City Council Meeting of June 14, 2016 Second Reading for the City Council Meeting of June 21, 2016 DATE: TO: May 23, 2016 Margie C. Rose, Acting City Manager THRU: Mark Van Vleck, P.E. Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P.E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3726 FROM: Jeffrey Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Amending State Speed Limit in Certain Zones Along Shoreline Drive and Ennis Joslin Road CAPTION: Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard and amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard PURPOSE: An ordinance amendment will establish speed limits which will allow the motorist to operate a vehicle at a reasonable and safe speed under favorable conditions. BACKGROUND AND FINDINGS: Texas Legislative Code Section 545.352. Prima Facie Speed Limits establishes 30 mph as the lawful prima facie speed limit for urban districts within Texas. This means 30 mph is a reasonable and prudent speed to drive at under normal conditions. A municipality has the authority to alter a speed above or below the prima facie speed limit based on an engineering and traffic investigation. The existing City Ordinance designates the speed limit on Shoreline Blvd from Craig to Power Street is 35MPH. The recently completed Bond 2008 Shoreline Realignment Project closed the three north bound lanes along the seawall realigning the north and south bound lanes from Craig to Lawrence. As a result of the realignment, a traffic study was conducted to determine a safe and reasonable speed. Based on the analysis, it was recommended to reduce the speed limit on Shoreline Blvd from Craig to Lawrence to 30MPH and close the three north bound lanes along the seawall; all other sections of Shoreline Blvd remain unchanged. To implement the recommended reduced speed limit, an Ordinance Amendment is required removing the section of Shoreline Blvd from Craig to Lawrence from the existing 35MPH speed zone designation in Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones. An Ordinance Amendment is also required to remove the existing signage from the closed sections of Shoreline Blvd as are result of the realignment. Ennis Joslin Road, from Wooldridge Road to Holly Road, is a new street that was constructed through private development as part of required public improvements for the Dorothy Adkins Middle School. An engineering and traffic investigation was conducted to establish a speed limit for this segment of Ennis Joslin Road. Based on the results of the investigation, a 35 mph speed zone was recommended as the posted speed limit. An ordinance amendment is required to establish this segment as a 35 mph speed zone in Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones. The City's Transportation Advisory Commission reviewed and recommended approval of the proposed ordinance amendments at their April 25, 2016 meeting. ALTERNATIVES: Denial of the proposed speed limits. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The establishment of speed limits conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: City Transportation Advisory Commission, Street Operations FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® Not applicable Fiscal Year 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: City staff recommends approval of this ordinance amendment. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance Amendment Location Map Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard and amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised to add Ennis Joslin from Wooldridge Road to Holly Road and to update North and South Shoreline Boulevard as follows: "Sec. 53-254. - Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: Ennis Joslin Road: From Wooldridge Road to Holly Road -35 mph—At all times North and South Shoreline Boulevard: From Craig Lawrence Street to Power Street -35 mph, except on the operating designating such speed All times" SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-255 Schedule VI, Decrease of state law maximum speed by removing East Shoreline Boulevard. "Section 53-255. - Schedule VI, Decrease of state law maximum speed. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the speed limit shall be as herein set forth on those streets or parts of streets herein designated at the times specified when signs are erected giving notice thereof: point 390 feet north of the center line of Park Avenue 25 mph When flashers are operating designating such speed" SECTION 3. 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 hereof be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance amending the Code of Ordinances, Chapter 53, Article VIII, Section 53-254 Schedule V, Increase of State Speed Limit in Certain Zones by adding Ennis Joslin from Wooldridge Road to Holly Road and updating North and South Shoreline Boulevard; amending Section 53-255 Schedule VI, Decrease of State Law Maximum Speed by removing East Shoreline Boulevard; providing for severance; and providing for publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised to add Ennis Joslin from Wooldridge Road to Holly Road and to update North and South Shoreline Boulevard as follows: "Sec. 53-254. - Schedule V, increase of state speed limit in certain zones. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: Ennis Joslin Road: From Wooldridge Road to Holly Road -35 mph—At all times North and South Shoreline Boulevard: From Craig Lawrence Street to Power Street -35 mph, except on the operating designating such speed All times" SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-255 Schedule VI, Decrease of state law maximum speed by removing East Shoreline Boulevard. "Section 53-255. - Schedule VI, Decrease of state law maximum speed. It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the speed limit shall be as herein set forth on those streets or parts of streets herein designated at the times specified when signs are erected giving notice thereof: point 390 feet north of the center line of Park Avenue 25 mph When flashers are operating designating such speed" SECTION 3. 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 hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor CORPUS CHRISTI BAY PROPOSED SPEED LIMIT CHANGE SHORELINE BLVD. 0o 0 SCALE: N.T.S. AERIAL FLOWN 2014 TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF PROPOSED SPEED LIMIT CHANGE ENNIS JOSLIN RD. Proposed Speed Limit Change VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 dC11 Corpus Chr sti Engineering Amending State Speed Limit in Certain Zones (Shoreline Blvd and Ennis Joslin Rd) Council Presentation June 14, 2016 Vicinity Map Corpus Chr'sti Engineering 44 n CC:12F US C IRISH HAY PROPOSED SPEED LIMIT CHANGE SHORELINE BLVD. TE7(AS A&M UNIVERSI IY CORPUS CHRISTI L CP.BANISS FIELD SCALE: N.T.S. \UL CORPUS CHRISTI `��NAVAL AIR STATION - ll vS FLOUR BLUFF 358 - 2444 - PROPOSED �s SPEED LIMIT CHANGE ENNIS JOSLIN RD. 2 Location Map - Shoreline Corpus Chr sti Engineering PROPOSED SPEED LIMIT CHANGE SHORELINE BLVD. SCALE: N.T.S. LEGEND PROPOSED SPEED LIMIT CHANGE EXISTING SPEED LIMIT TO REMAIN 35 MPH Location Map - Ennis Joslin Corpus Chr'sti Engineering HOLLY RD. Atx SCALE: N.T.S. PROPOSED SPEED LIMIT CHANGE ENNIS JOSLIN RD. DOROTHY ADKINS MIDDLE SCHOOL WOOLDRIDGE RD. Scope Corpus Chr'sti Engineering • Prima Facie Speed -Reasonable and Prudent Speed In Normal Conditions • 30 mph for Urban Districts in Texas • Increasing or Decreasing Requires an Ordinance Amendment • Shoreline Boulevard - Decreasing To State Speed Limit • Craig St. to Lawrence St. • Existing Speed Limit (By Ordinance) - 35 mph • Proposed Speed Limit - 30 mph • Ennis Joslin Rd. - Increasing Above State Speed Limit • Wooldridge Rd. to Holly Rd. • Existing Speed Limit - None Exists (Newly Constructed Road) • Proposed Speed Limit - 35 mph C Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 21, 2016 Second Reading Ordinance for the City Council Meeting of July 12, 2016 DATE: June 1, 2016 TO: Margie C. Rose, Acting City Manager FROM: Belinda Mercado, Director of Information Technology Bmercado@cctexas.com (361) 826-3740 CenturyLink Communications, LLC renewal of Conduit Use Agreement for telecommunications CAPTION: Ordinance authorizing the City Manager, or designee, to execute a ten-year Conduit Use Agreement with CenturyLink Communications, L.L.C., to install and maintain telecommunications services within city conduit located in Ocean Drive right-of-way between Ennis Joslin Road and Sand Dollar Blvd. in consideration of $7,886.00 annual revenue payment, to be increased by 4% annually. PURPOSE: The purpose of this item is to permit CenturyLink, LLC to continue use of City -owned conduit for telecommunication purposes. BACKGROUND AND FINDINGS: City Council authorized in 1999, 2005, and 2011 five-year conduit use agreements with CenturyLink Communications, LLC (original agreement with KMC Telecom prior to CenturyLink acquisition). The agreement has been re -negotiated to increase the term from five years to ten years and includes an annual 4% increase per year in revenue that was not a part of the original agreement. The City has a four -inch diameter conduit located on Ocean Drive between Ennis Joslin and Sand Dollar Drive. The total length of the conduit is 4,868 feet and provides for annual revenue of $1.62 per foot/year. CenturyLink Communications, LLC desires to continue same use for telecommunication services. Revenue for this conduit use agreement is placed in the General Fund. ALTERNATIVES: 1. Approve the Agreement. 2. Do not approve the Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This action conforms to the City's policies and procedures and Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Information Technology Department FINANCIAL IMPACT: X Operating X Revenue Capital Not applicable Fiscal Year: 2015-2016 Current Future TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): General Fund 1020 Comments: This revenue is posted to the General Fund as a Telecommunications Fee. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance - CenturyLink Conduit Use Agreement Agreement - CenturyLink Conduit Use Agreement Form 1295 - CenturyLink Ordinance authorizing the City Manager, or designee, to execute a ten year conduit use agreement with Centurylink Communications, L.L.C., to install and maintain telecommunications facilities within city conduit located in Ocean Drive right-of-way between Ennis Joslin Road and Sand Dollar Blvd. in consideration of $7,886.00 annual payment, to be increased by 4% annually. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is authorized to execute a ten year conduit use agreement with CenturyLink Communications, L.L.C. to install, operate and maintain telecommunications facilities within approximately 4,800 feet of City conduit located on Ocean Drive right-of-way between Ennis Joslin Road and Sand Dollar Boulevard in consideration of annual payment of $1.62 per foot/year for total annual payment of $7,886.00, to be increased by 4% annually. A copy of the agreement is on file with the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016,by the following vote: Nelda Martinez Rudy Garza Michael Hunter Chad Magill Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Page 1 of 14 CONDUIT USE AGREEMENT This Conduit Use Agreement ("The Agreement") is executed as of the day of 2015, between CenturyLink Communications, LLC, a limited liability holding company wholly owned by CenturyLink ("CENTURYLINK), and the City of Corpus Christi, Texas ("City"), a Texas home rule municipal corporation WITNESSETH WHEREAS in August 1999. the City and KMC Telecom Inc. ("KMC") executed a five-year Conduit Use Agreement regarding KMC use of City conduit; VVHEREA8, as of June 30, 2005. CENTURYLINK acquired KMC assets and entered into a five-year Conduit Use Agreement on August 30, 2005; WHEREAS, on June 28, 2011, the City and CenturyLink executed a new five-year Conduit Use Agreement; WHEREAS, the City is willing to continue to permit, under certain conditions set forth herein, the use by CENTURYLINK of certain City -owned conduit for placement of its telecommunications facilities NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties do hereby mutually covenant and agree as follows: Section 1. Description of the City Conduit. A conduit four inches in diameter, approximately 4,868 feet in |ength, presently containing six handholes, located on Ocean Drive between Ennis Joo||n Road and Sand Dollar Oriva, as depicted on Exhibit A to this Agreement, which exhibit is fully incorporated herein by reference. Section 2. Use of the Citv Conduit. The City shall designate for CENTURYLINK exclusive use one of the three inner ducts within the City Conduit. CENTURYL1NKshall have unrestricted ingress and egress to its designated inner duct, through the handholes depicted in Exhibit A, for purposes of instaUing, openating, nnmintaining, and repairing its telecommunications facilities. |nataUedion, oponaUon, maintenance and repair of CENTURYLINK telecommunication facilities within the City public way shaH be performed in accordance with the terms and conditions set forth in this Agreement and its exhibitm, which are fully incorporated herein by reference. Section 3. City Use of the City Conduit. The City shall have the exclusive use of the remaining two inner ducts located within City Conduit. Section 4. Compensation to City for Use of Citv Conduit. As compensation for first year of this Agreement, CENTURYLINK shall pay the City $1.O2/footo[City Conduit, for total o[$7.880.O0 Thereafter, the annual compensation shall be increased by 4% for each year of this agreement. The first payment shall be submitted within thirty days of the final approval of this Agreement by City Council. Thereafter, CENTURYLINK shall issue payment by October 1 of each year to City of Corpus Chrioti, Attention Collection Oapartnnent, P. O. Box 9277, Corpus Chrieh, Texas 78469'8277. All payments should reference Conduit LJse AgreemenL Section 5. Issuance of Permits. CENTURYLINK must comply with City ordinances and codes to receive all necessary City of Corpus Christi permits prior to conshuudon, maintenanco, and repair of its telecommunications facilities placed in the City Conduit. Section 6. Term. The term o[Lh|s Agreement shall be for ten yeora. to commence upon June 28.2O18subject tothe passage and approval by th City Council. Page 2of14 Section 7. INDEMNIFICATION. CENTURYLINK shall indemnify, defend and save harmless the City, its mayor and council members, appointed boards and commissions, officials, officers, employees, attorneys and insurance carriers, individually and collectively, from all losses, claims, suits, demands, expenses, subrogations, attorneys' fees or actions of any kind and nature resulting from personal injury to any person, including employees of CENTURYLINK or of any contractor or subcontractor employed by CENTURYLINK (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the acts of CENTURYLINK its contractors, subcontractors, officers, agents and employees while exercising any of the rights or privileges granted by this Conduit Use Agreement. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of indemnity in this paragraph. CENTURYLINK further agrees and shall have the right to appear, defend, indemnify and hold harmless the City in any action, claim or suit challenging the grant of or any of the rights conferred upon CENTURYLINK by this Conduit Use Agreement. Section 8. Insurance. CENTURYLINK must acquire and maintain insurance as set forth in attached exhibit. Section 9. Street Closure. CENTURYLINK must not close or barricade a public street, or any portion of the public street, to install, repair, or maintain its telecommunication facilities located within the City Conduit until CENTURYLINK or its contractor has received approval of its traffic control plan from City's Traffic Engineering Office. Section 10. CENTURYLINK must submit a set of construction drawings to the City Engineer for any proposed work at least two weeks prior to onset of construction. The drawings must show the depth and location of the proposed construction and distance from the existing water, stormwater, wastewater, gas, fiber and communication lines. Section 11. CENTURYLINK must verify depth and location of existing Water, Wastewater, Gas, fiber, communication lines, as well as other users of the rights of way, including AEP, and Southwestern Bell Telephone lines, as well as Espire, CSW, and CAPROCK communication fiber optic cables. Prior to the start of any excavation, CENTURYLINK must call the Texas One Call System (1-800-245-4545), 1-800-DIG-TESS and Lone Star Notification Center (1-800-669- 8344) or other locator service designated by the City Director of Capital Programs, or designee. Section 12. CENTURYLINK must not begin work without 24 hours prior notice to the AEP, City Water, Gas, Wastewater Divisions. Section 13. CENTURYLINK must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. Section 14. If damage arising out of or connected with the installation, operation, repair or maintenance of CENTURYLINK. telecommunications facilities or inner ducts occurs to any gas, storm, water, wastewater , fiber, or communication line, as determined by the City's representative, a City crew will be brought in and allowed immediately to make all repairs. Except for emergency repairs, City shall make a reasonable effort to contact CENTURYLINK's representative at 800 778-0949 so that CENTURYLINK has an opportunity to have a representative present during operations. All of the City's costs (labor and materials) associated with the repairs must be paid by CENTURYLINK within 30 days of the City Manager's itemized C:\Users\arb9100\Documents\Corpus Christi conduit lease\CenturyLink conduit agreement with Corpus Christi FENAL 4.27.16.docx Contract # COND TX 189946 CL Page 3 of 14 invoice thereof. City's representative will determine the extent of damage and amount of repairs to the utility line(s). Section 15. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of $286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of the City Conduit pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of $53.77 an hour. Owner must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on October 1 to reflect any pay increase. Section 16. CENTURYLINK must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. Section 17. Damages to driveways, culverts, head walls and any other structure, public or private, caused by CENTURYLINK, must be repaired by CENTURYLINK at its expense within 30 days after being notified of damage to the same. Section 18. CENTURYLINK must not store or leave any equipment or material in City public way overnight. Section 19. CENTURYLINK must notify Street Superintendent (361- 857-1940) 24 hours prior to starting work, and must have a representative present during backfilling and pavement repairs. CENTURYLINK must also notify City Municipal Information Systems Technician III at (361) 857-1956 24 hours prior to starting work. Section 20. CENTURYLINK must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits are to be left ovemight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. Section 21. CENTURYLINK must comply with all applicable Federal, State, and local laws and regulations, as may be amended. Interpretation of this Agreement and the rights and duties created hereunder shall be pursuant to the Constitution and laws of the State of Texas and the Charter and ordinances of the City. Section 22. Binding Effect. This Agreement shall extend to and bind the successors and assigns of the parties hereto. Section 23. CENTURYLINK shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of the City on one or more occasions to enforce compliance with such terms and conditions. Section 24. Assignment. Neither party shall have the right to assign this Agreement in whole or in part without the written consent of the other party, which consent shall not be unreasonably withheld. Section 25. Notice. Any notices required or provided in the administration of this Agreement shall be addressed, sent by overnight delivery or certified mail, as follows: If to the City: City of Corpus Christi C:\Users\arb9100\Documents\Corpus Christi conduit lease\CenturyLink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract # COND TX 189946 CL Page 4 of 14 1201 Leopard Street P.O. Box 9277 Corpus Christi, TX 78469 Attn: City Manager If to CENTURYLINK: CENTURYLINK Attn: Real Estate Transactions 600 New Century New Century, KS 66031 With a copy to: CenturyLink Law Department 1801 California Street Denver, CO 80202 Attn: Network Legal Group Section 26. Modifications. All terms and conditions of this Agreement are contained herein and any modifications shall be in writing and approved by ordinance except as otherwise expressly provided herein. Section 27. Preemption. No provision of this Agreement shall be deemed void or unenforceable as a result of state or federal preemption unless and until so determined by a final, non -appealable order of a state or federal agency or court. Section 28. Publication. CENTURYLINK shall pay all costs of publication of notice as required by the City Charter. Section 29. Disclosure of Interest. CENTURYLINK agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of interests form as part of this contract. Section 30. Certificate of Interested Parties. CENTURYLINK agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https:t/www.ethics.state.tx.us. Section 31. Conflict of Interest. CENTURYLINK agrees to comply with Chapter 176 of the Texas Local Govemment Code and file Form CIQ with the City of Corpus Christi City Secretary's Office, if required. For more information and to determine if Form CIQ is required, information on the City Secretary's website is provided at http://www.cctexas. com/government/city-secretary/conflict-disclosure/index. C:\Users\arb9100\Documents\Carpus Christi conduit lease\CenturyLink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract 4 COND TX 189946 CL IN WITNESS WHEREOF, the parties duly authorized representatives as of the ATTEST'. Page 5 of 14 have caused this Agreement to be executed by their date first abov- • ' t - CEN IR ilk 6 By: ilk . At. if WV :itA411-- .,t-r. Nam w LaRae Dodson Title: VP, Real Estate & Fleet STATE OF 0-01C"'ll COUNTY OF 1..-2; Inver" This, ,inSrurrRilt was acknowledged before me on this 41 day of the V 4<- k.Lka--e CA4-C of CENTURYLINK on behalf of said corporation. Notary Public, State of L.A.-1/0 61 -CA). ATTEST: Rebecca Huerta, City Secretary THE CITY OF CORPU , 2016, by .KLE K.TALLEY NOTARY Miele S CHR m Aire OFCOLORADO y ID 204031203 MY OtNSS$0N ExPof,s SEPTEMBERS, 2016 Approved as to form: ,\"1 -4 -4* --1- , 2016 By: -Y-44.1 Lisa Aguilar, Assis t City Attorney For the City Attorney CAL1sers\arb91001Documents\Corpus Christi conduit leaselCenturyLink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract # COND TX _189946_Ct, Page 6 of 14 CONDUIT DIAGRAM C:\Users\arb9100\Documents\Corpus Christi conduit lease\CcnturyL.ink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract # COND TX 189946 CL Island Blvd. ' San Dollar Blvd. l° • r+ Bridge lapel Q S,; m�rir,i.rr f Pd l Exhibit " A " Map Nat to $cih Aini-M-igaa Page 7of14 EXHIBIT B INSURANCE REQUIREMENTS I. CENTURYLINK'S LIABILITY INSURANCE A. CenturyLink must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. CenturyLink must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. CenturyLink must make available to the City's Risk Manager and Director of Engineering proof of insurance showing the following minimum coverage by an insurance company(s) with an A.M. Best's rating of A -VII or better and authorized to do business in the state where the conduit is located. The City must be included as an additional insured on the General liability and Auto Liability policies and a waiver of subrogation is required on all applicable policies. Evidence of CenturyLink's insurance is available at www.centurylink.com/moi. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises -- Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Statutory and complies with Part II of this Exhibit. C:\Users\arh9100\Documents\Corpus Christi conduit lease\Century[.ink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract # CON[) TX 189946 CL, Page 8 of 14 Employer's Liability $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, CenturyLink must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, CenturyLink must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if CenturyLink is not domiciled in the State of Texas. CenturyLink shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at CenturyLink'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. CenturyLink shall be required to make available to the City's Risk Manager and Director of Engineering proof of insurance throughout the term of this contract and prior to the policy expiration dates. D. CenturyLink agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Include the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; C:\Users\arb9I00\f)ocuments\Corpus Christi conduit Iease\CenturyLink conduit agreement with Corpus Christi F[NAI.4.27.I6_docx Contract / CON[) 1'X 189946 CL Page 9 of 14 • Coverage will be primary and non-contributory to any insurance maintained by the City of Corpus Christi; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and E. Prior to any cancellation, non -renewal, material change or termination of coverage, CenturyLink shall make available to the City's Risk Manager and Director of Engineering proof of insurance including evidence of applicable endorsements. City shall have the option to suspend CenturyLink'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 CenturyLink'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 CenturyLink to stop work hereunder, and/or withhold any payment(s) which become due to CenturyLink hereunder until CenturyLink demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which CenturyLink may be held responsible for payments of damages to persons or property resulting from CenturyLink's or its subcontractor's performance of the work covered under this contract. H. It is agreed that CenturyLink'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 CenturyLink's operations under this contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. C:\Users\arb9100\Documents\Corpus Christi conduit (ease\CenturyLink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract a COND TX 189946 CI, Page 10 of 14 EXHIBIT C RELOCATION AND CITY USE OF CENTURYLINK FACILITIES. (a) (1) As a further consideration for the granting of this Agreement, CENTURYLINK, in conjunction with the requirements of any City project shall at its sole expense make such relocations of its facilities within City rights-of-way or take other steps as may be necessary to facilitate such City project. Such relocations shall be under the same terms and conditions as the initial installation allowed pursuant to this agreement. (2) The City reserves the right to lay, and permit to be laid, sewer, gas, water, and other pipe lines or cables and conduits, including telecommunications and cable television lines, and to do and permit to be done any underground and overhead work that may be deemed necessary or proper by the City, in, across, along, over, or under any right-of-way occupied by CENTURYLINK and to change any curb or sidewalk or the grade of any street. In performing or permitting such work to be done, the City shall not be liable to CENTURYLINK for any damages related to such work, nor shall the City be liable to CENTURYLINK for any damages not proximately caused by the City's sole negligence, provided, however, nothing herein shall relieve any other person or corporation from liability for damage to facilities of CENTURYLINK. (3) In the event that the City authorizes abutting landowners to occupy space under the surface of any street, alley, highway, or public place, such grant to an abutting landowner shall be subject to the rights of CENTURYLINK described herein. In the event that the City plans to close or abandon any right-of-way which contains any existing CENTURYLINK facilities, City shall, (1) give notice of the date the city council is to consider the closure or abandonment, (2) if requested by CENTURYLINK, reserve a continuing right for CENTURYLINK facilities, and (3) make any subsequent conveyance of land involved in the closure or abandonment subject to the specific right of continued occupancy by CENTURYLINK or require the beneficiaries of the closure or abandonment to pay the costs associated with relocation of CENTURYLINK facilities to alternate acceptable locations. (4) Whenever it shall be necessary to require CENTURYLINK to alter, change, adapt, or conform its facilities within the right-of-way, such alterations or changes shall be made promptly, with consideration given to the magnitude of such alterations or changes, without claim for reimbursement or damages against the City. If any such requirements impose a financial hardship upon CENTURYLINK, CENTURYLINK shall have the right to present alternative proposals to the City, and the City shall give due consideration to any such alternative proposals. It is understood and further provided, however, that the City shall not require CENTURYLINK to remove its facilities entirely from such right-of-way. If the City requires CENTURYLINK to adapt or conform its facilities to enable any other entity or person, except the City, to use, or to use with greater convenience, or rights-of-way, CENTURYLINK shall not be required to make any such changes until such other entity or person shall reimburse or make C:\Llsers\arb9100\[)ocuments\Corpus Christi conduit leaselCenturyLink conduit agreement with Corpus Christi FINAL 4.27. [6.docx Contract # COND rX 18994G CL Page 11 of 14 arrangements satisfactory to CENTURYLINK to reimburse CENTURYLINK for any loss and expense caused by or arising out of such change; provided, however, that the City shall never be liable for such reimbursement. (5) For public improvement projects where, after notification that facility relocation is required, CENTURYLINK has not, prior to the beginning of construction by the City, relocated its affected facilities within the rights-of-way after being afforded a reasonable length of time to do so as determined by the City's Director of Engineering (sometimes also referred to herein as the "City Engineer"), or other designee of the City Manager, giving consideration to the scope of the facility relocation, and when such delays are not caused by actions of the City, the following procedure will be followed. The City shall provide CENTURYLINK with reasonable notice of failure to act and request relocation. If CENTURYLINK continues to delay, the City's Director of Engineering or other designee and CENTURYLINK's Division Manager over outside plant engineering and construction will jointly review the relocation request in an expeditious manner to establish a mutually acceptable completion date for the relocation. If CENTURYLINK continues to delay or does not meet the revised completion date, the City's Director of Engineering or other designee shall provide not less than five (5) days written notice to CENTURYLINK's Division Manager over outside plant engineering and construction advising CENTURYLINK of the City's intent to effect the relocation of the affected facilities. If after expiration of the written notice required by the preceding sentence, CENTURYLINK continues to delay, the City shall have the right to effect relocation of the affected facilities and CENTURYLINK shall reimburse the City for all costs of such relocation. The City shall not be liable to CENTURYLINK for any damage to such facilities unless proximately caused by the City's gross negligence, and shall not be liable in any event for any consequential damages relating to service interruptions. Such relocation by the City will be performed only when the Director of Engineering determines that it is necessary to prevent disruption of a City project. Such relocation will be accomplished by means of temporary construction and in a manner which will not unreasonably disrupt telecommunications services. The City shall make every effort to coordinate with CENTURYLINK prior to such necessary relocations and will not attempt to relocate such facilities until the City has exhausted the foregoing procedures. CENTURYLINK shall ultimately be responsible for the final permanent relocation of CENTURYLINK's facilities. (6) Where City Council finds that use of the facilities by another governmental agency serves the public purpose, the City may make facilities reserved for the City available to such agency on terms and conditions not inconsistent herewith. (7) All facilities shall be underground unless placed on existing poles of another utility. CENTURYLINK shall lay, construct, operate, lease, maintain, repair and replace the telecommunications facilities in a manner that will not unreasonably interfere with use of the streets, alleys, or any public property or other public ways ("Public Way"). Should the owner of existing poles place their facilities underground, CENTURYLINK shall do likewise. C:\Users\arb9100\Documents\Corpus Christi conduit Iease\CenturyLink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract 1€ COND TX 189946 Ct. Page 12 of 14 (8) CENTURYLINK shall at its own expense repair, to the satisfaction of the City, all City owned water lines, storm and sanitary sewer lines, service lines, water meters, streets, sidewalks, curbs, gutters or other property of the City damaged by any of the operations of CENTURYLINK, its contractors, subcontractors, employees, agents or assigns engaged in pursuant to this agreement. (9) Before CENTURYLINK constructs, extends or replaces the telecommunications facilities in any Public Way, it shall apply for and acquire a construction permit and pay all fees associated with same in accordance with this Agreement and file with City Engineer a written work description, including scale drawings, showing the facility's location (or proposed location) and estimated depth of the facilities (existing and proposed). Such drawings and specifications shall be prepared, executed and sealed by a registered professional engineer. Such drawings and specifications will be reviewed by City Engineer and any comments will be provided to CENTURYLINK within thirty (30) days. CENTURYLINK agrees to make any changes to the drawings and specifications requested by City Engineer. Before CENTURYLINK performs any maintenance repairs, replacement or removal of facilities, CENTURYLINK shall give at least thirty (30) days notice to City Engineer as to the time and location of the proposed construction, repairs or replacement. Daily work schedules shall be provided to City Engineer by 8:30 a.m, each day any construction, repair or replacement of facility by CENTURYLINK is performed. When an emergency occurs that involves the facilities, repairs shall be performed by CENTURYLINK and notice shall be given to City Engineer within twenty-four (24) hours following initiation of such emergency repairs. Approval of all non -emergency construction, repair and replacement of the facilities must be obtained prior to such construction, repair and replacement, unless otherwise provided. Such approval shall not be unreasonably withheld or delayed. Approval by City Engineer shall constitute utility authority for the issuance of permits. (10) All work in the Public Way and other surfaces will be performed in accordance with the City specifications and regulations for Street and Storm Drainage & Street Paving Construction which are available by contacting City Street Department and be subject to regulation, control and direction of the City Engineer. All work done in connection with the laying, construction, operation, maintenance, repairing and replacement of the facilities, in whole or in part, shall be in compliance with all applicable laws, ordinances, rules and regulations of City, County, the State of Texas, and the United States. (11) CENTURYLINK shall belong to the same underground utility locating system as the City, for which information is available by contacting City Development Services department. Prior to beginning any excavation trenching or digging using powered equipment or hand tools which may damage existing underground facilities, CENTURYLINK shall contact all appropriate underground utility coordinating systems and determine if there are any facilities in the vicinity of the proposed activities. If physical contact is made with another facility during any excavation, trenching or digging, the owner of that facility must be notified for inspection and repairs prior to C:111sers\arh9100U)ocuments\Corpus Christi conduit lease\CenturyLink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract a COND TX 189946 CL Page 13 of 14 CENTURYLINK continuing work. CENTURYLINK shall promptly respond to requests for line locations generated from other permitted, franchised or City owned utilities. (12) When CENTURYLINK performs or causes to be performed any work on any Public Way, or so closely adjacent thereto as to create hazards for the public or themselves, CENTURYLINK, its employees, agents or its contractor, shall provide construction and maintenance signs and sufficient barricades and flagmen at work sites to protect the public, equipment and workmen. The application of such traffic control devices shall be consistent with the standards and provisions of the latest addition to the Texas Manual on Uniform Traffic Control Devices. Appropriate warning lights shall be used at all construction and maintenance zones where one or more traffic lanes are being obstructed during nighttime conditions. (13) CENTURYLINK shall repair, clean up and restore the Public Way and other surfaces disturbed during the construction and repair of its facilities and shall warrant the repairs and restoration of such Public Way and other surfaces for a period of two years from the date of completion of same. City Engineer may require a Surface Correction Bond, and CENTURYLINK agrees to provide such bond with terms and conditions in the amount required by City Engineer. Such repairs, clean up and restoration shall return the Public Way and other disturbed surfaces to substantially the same condition they were in before CENTURYLINK's work began. The determination that the Public Way and other surfaces have been returned to substantially the same condition shall be made by City Engineer. (14) CENTURYLINK shall refill, and repave any cut in any pavement. All excavations made by CENTURYLINK in any portion of a Public Way for the purpose of constructing, operating, maintaining, repairing, replacing or removing a facility, or any part thereof, shall be in accordance with City standards. If, after refilling such excavation, the earth within the excavated area settles so as to leave a depression, CENTURYLINK may be required to make further necessary fills from time to time as ordered by City Engineer. CENTURYLINK shall repair all portions of any Public Way across, along, over, above or under which a facility is laid and place the same in as good a state of repair and condition as they were in at the time the construction repair, or removal was commenced. Such repairs shall be to the satisfaction of City Engineer. (15) Repair to the Public Way or other City property necessitated by any activity of CENTURYLINK shall be made by CENTURYLINK at no cost to City and in such manner as is found reasonably necessary by City Engineer. (16) Any excavation in any portion of a Public Way shall be replaced with materials of the same kind as those removed unless City Engineer approves of some other type or fill or material. CENTURYLINK shall notify City Engineer before commencing at any time excavation in any portion of any Public Way, and shall not wholly close any Public Way, but shall at all times maintain a route of travel along and within any roadway that is within a Public Way, except that in cases of emergency, City Engineer may authorize a temporary closing of any Public Way or sidewalk in order to C:\Userslarb9100\Documents\Corpus Christi conduit Iease\CenturyLink conduit agreement with Corpus Christi F[NAL 4.27.16.docx Contract # CON[) IX 189945 CL Page 14 of 14 take care of any break, leakage or other public safety risk if, in the opinion of City Engineer, such closing is necessary to protect the safety of the public. (17) If CENTURYLINK fails to commence or thereafter to diligently prosecute any repair, refilling or other work required under this agreement the City may cause the work to be done at the expense of CENTURYLINK and may recover all such expense from CENTURYLINK together with all costs and reasonable attorney fees. (18) City shall have the power at any time to order and require CENTURYLINK to remove or abate any facility that is dangerous to life or property, and in the event CENTURYLINK fails or refuses to comply after reasonable notice, City shall have the power to remove or abate such facility at the expense of CENTURYLINK, all without compensation or liability for damages to CENTURYLINK. (19) CENTURYLINK shall coordinate all such construction, repair or replacement with City Engineer. (20) Upon completion of the construction, extension or replacement of the telecommunications system for which a construction permit has been acquired, CENTURYLINK shall provide the City as -built drawings within 60 days. Accuracy of as - built drawings shall meet a survey level of accuracy of 1 foot to 50,000 feet. The drawings shall also be supplied in DXF computer file format with the location tied to one nearby UPS (Global Positioning System) City Monument. If the total length of the construction extension or replacement exceeds 1,000 feet in length within the City, it shall be tied to at least two UPS City Monuments. (20) City Engineer shall have the power to make such other reasonable rules and regulations for the placement and manner of such facilities as he may deem appropriate for the protection of the public and the Public Ways and to avoid unreasonable interference with other uses or contemplated uses of the Public Ways. City Engineer may perform regulatory inspections of any utility from time to time as he may deem appropriate for the safety of the public. City Engineer shall give five days prior written notice to agreement as to the time and date of any such inspections. CENTURYLINK shall have the right to have a representative present during such inspection. (21) When submitting an application for a construction permit as provided in this agreement, CENTURYLINK agrees to pay the applicable permit fees. (22) No construction permit shall be granted to CENTURYLINK unless and until all fees due and payable pursuant to this agreement have been paid in full, including any fees due and payable for such construction permit. C:\Userarb9100\Documents\Corpus Christi conduit tease\Centu yl.ink conduit agreement with Corpus Christi FINAL 4.27.16.docx Contract t CC)N1) TX 189946 CI, CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY 1 Name of business entity filing form, and the city, state and country of the business e tity14$ plac of business. 11— (j��S U. SR ��� n0J l UMI 2 Name of government4�l entity or state agency that is a party to the contract for which the form is being filed. G iz) 0 �ostpus Utt.t s -}-i TK 3 Provide the identification and rovide a description ej C-W(IkttOLC4 'lb 10 d el k T o a,� c , a number used by the governmental entity of the services, goods, or other property iii Q.JI A ( maul or state agency to be provided +0 Cul -11,141, to track or identify the contract, under the contract. ' �'al�n vr�uu� i 0di Name of Interested Par y City, State, Country (place of business)4 t of Interest (check applicable) Controlling Intermediary • 5 Check only if there is NO Interested Party. 6 AFFIDAVIT 7.-af.. 17 AFFIX NOTARY STAMP / SEAL ABOVE Sw, i o - nd subscribed befor me, by the said of A , 20 , to certify I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of autho es agent of contracting business entity {\QJ (k.& ' Jr t. S , this the / 0 day which, witness my hand and seal of office. P1'$iOJL A it t t • ,144 -iii- Signature of officer admi tering oath Printed name of officer adlqlinistering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 4/8/2016 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of June 21, 2016 Second Reading Ordinance for the City Council Meeting of July 12, 2016 DATE: June 6, 2016 TO: Margie C. Rose, Acting City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB@cctexas.com (361) 826-3356 Amendment to Lease Agreement with Results Company for Mann Parking Lot CAPTION: Ordinance authorizing the City Manager or designee to execute an amendment to the lease agreement with the Results Companies for the City parking lot located at Mann Street and Mesquite Street to allow the lease of the entire City parking lot. PURPOSE: The purpose of this item is to amend the three-year lease with the Results Company ("Results Co.") to increase the number of parking spaces in the City -owned parking lot at Mann and Mesquite Street ("Mann Parking Lot"). BACKGROUND AND FINDINGS: In September 2015, the City Council approved a lease agreement with Results Co. for 85 parking spaces at the Mann Parking Lot in order to accommodate the parking needs of the employees and addition of new jobs at the current location. Results Co. is a call center that employs over 400 people and offices in the Bay View Tower at 400 Mann Street. Due to the square foot of office space needed for each production seat, this type of operation creates more parking needs than other types of office users. While the Bay View Tower is 67% occupied, the adjacent structured parking garage is 92% occupied; leaving Results Co. employees to overflow into other locations. The September 2015 agreement enabled the company to stay at its downtown location. Results Co. committed to maintain the lot, pay $2,000 per year for 85 spaces and create 150 new jobs over the term of the lease (50 per year). Recently, a new client of Results Co. selected Corpus Christi over alternative sites, expanding their operations by 75 positions beyond what had been anticipated for the year. Results approached the City to ask if we would be willing to amend our 2015 Agreement to include the remainder of spaces in the lot. Our original Agreement excluded enough parking spaces for the City to maintain its $300 per month revenue from the lot. Results agreed to pay an additional $3,600 per year for an additional 36 spaces. ALTERNATIVES: Staff explored multiple concepts to accommodate this request, including a yearly permit hangtag system. However, due to the hours of operation and transitory nature of the employees, it was impractical to manage. OTHER CONSIDERATIONS: The Project and Financing Plan for Tax Increment Reinvestment Zone #3 includes a parking management study to further analyze and coordinate parking supply, demand and access in the Reinvestment Zone. The Corpus Christi Regional Economic Development Corporation and Corpus Christi Downtown Management District were involved in the discussions on Results Co.'s possible relocation. Both groups supported a parking solution that enabled them to stay at the downtown location. CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency Item DEPARTMENTAL CLEARANCES: Parking Control (Police), Facility Maintenance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,000 $4,000 $6,000 Encumbered / Expended Amount This item $ 900 $7,200 $8,100 BALANCE $2,900 $11,200 $14,100 Fund(s): Parking Improvement Fund Comments: This item will add $3,600 per year to the Parking Improvement Fund. RECOMMENDATION: Staff recommends approval of the lease. LIST OF SUPPORTING DOCUMENTS: Ordinance — Amendment to Mann Parking Lot Lease Agreement- Amendment to Mann Parking Lot Lease Ordinance Authorizing the City Manager or designee to execute an amendment to the lease agreement with the Results Companies for the City parking lot located at Mann Street and Mesquite Street to allow the lease of the entire City parking lot. 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 an amendment to the lease agreement with the Results Companies for the City parking lot located at Mann Street and Mesquite Street to allow the lease of the entire City parking lot. The lease amendment increases the parking spaces leased from 85 to 121 to include the entire parking lot. The additional 36 spaces will be leased for an additional $3,600 yearly. 1 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 Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor 2 AMENDMENT OF MANN STREET PARKING LOT LEASE AGREEMENT This amendment is made to the Mann Street Parking Lot Lease Agreement entered into by and between the City of Corpus Christi, a municipal home -rule corporation ("City"), and The Results Companies, of 100 NE Third Ave, Suite 200, Ft. Lauderdale, FL 33301 ("Lessee") executed on October 22, 2015. All other terms and conditions that are not hereby amended are to remain in full force and effect. It is mutually understood and agreed by and between the undersigned contracting parties to amend that previously executed agreement. WHEREAS, The Results Companies, (" Lessee") desires to lease an additional 36 parking spaces; and WHEREAS, the City is willing to lease the 36 parking spaces for an additional $3,600 yearly. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AMENDMENT TO SECTION ONE. DESCRIPTION OF PROPERTY City leases to Lessee that certain property owned by City located at the intersection of Twigg Street and Mesquite Street described as follows: parking lot as described in exhibit A, for use as a parking lot. The parking lot leased currently contains 121 parking spaces. AMENDMENTS TO SECTION THREE. RENT (A.) Payment. Lessee shall pay as rental to City $5,600 per year. In Year 1, $3,600 will be prorated from the execution date of this amendment to October 22, 2016 to account for the addition of 36 parking spaces. Lease payment is payable in advance upon execution of the amendment and at the beginning of each subsequent year. (B.) Local Employment. Lessee over the term of this Agreement shall hire an additional 150 employees as described in the schedule below. Year Minimum Number of New Jobs Created Yearly Minimum Total Number of Jobs Created pursuant to Lease Agreement 1 50 50 2 50 100 3 50 150 Failure to meet the Performance Standards in any one year is cause for termination of this lease. Lessee agrees to confirm and document to the City that the minimum number of jobs created is maintained throughout the term by the lessee. Lessee agrees to provide the City with a sworn certificate certifying the number of employees employed by the lessee at the effective date of this lease and each subsequent year. Page 1 (C.) Maintenance. Lessee will maintain the Premise at its own expense. Lessee will maintain, at its sole expense, any improvements on the Premise, all fixtures connected therewith, all personal property thereon. Maintenance shall be of such quality as to maintain the Premise in a first-class condition. IN WITNESS WHEREOF, Each party has each caused this Amendment to be executed as of the indicated below, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI Margie C. Rose Acting/ Interim City Manager LEASEE THE COMPAN __ LC elo Gencarelli III ief Financial Officer Date Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) Page 2 AMENDMENT OF MANN STREET PARKING LOT LEASE AGREEMENT This amendment is made to the Mann Street Parking Lot Lease Agreement entered into by and between the City of Corpus Christi, a municipal home -rule corporation ("City"), and The Results Companies, of 100 NE Third Ave, Suite 200, Ft. Lauderdale, FL 33301 ("Lessee") executed on October 22, 2015. All other terms and conditions that are not hereby amended are to remain in full force and effect. It is mutually understood and agreed by and between the undersigned contracting parties to amend that previously executed agreement. WHEREAS, The Results Companies, (" Lessee") desires to lease an additional 36 parking spaces; and WHEREAS, the City is willing to lease the 36 parking spaces for an additional $3,600 yearly. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AMENDMENT TO SECTION ONE. DESCRIPTION OF PROPERTY City leases to Lessee that certain property owned by City located at the intersection of Twigg Street and Mesquite Street described as follows: parking lot as described in exhibit A, for use as a parking lot. The parking lot leased currently contains 121 parking spaces. AMENDMENTS TO SECTION THREE. RENT (A.) Payment. Lessee shall pay as rental to City $5,600 per year. In Year 1, $3,600 will be prorated from the execution date of this amendment to October 22, 2016 to account for the addition of 36 parking spaces. Lease payment is payable in advance upon execution of the amendment and at the beginning of each subsequent year. (B.) Local Employment. Lessee over the term of this Agreement shall hire an additional 150 employees as described in the schedule below. Year Minimum Number of New Jobs Created Yearly Minimum Total Number of Jobs Created pursuant to Lease Agreement 1 50 50 2 50 100 3 50 150 Failure to meet the Performance Standards in any one year is cause for termination of this lease. Lessee agrees to confirm and document to the City that the minimum number of jobs created is maintained throughout the term by the lessee. Lessee agrees to provide the City with a sworn certificate certifying the number of employees employed by the lessee at the effective date of this lease and each subsequent year. Page 1 (C.) Maintenance. Lessee will maintain the Premise at its own expense. Lessee will maintain, at its sole expense, any improvements on the Premise, all fixtures connected therewith, all personal property thereon. Maintenance shall be of such quality as to maintain the Premise in a first-class condition. IN WITNESS WHEREOF, Each party has each caused this Amendment to be executed as of the indicated below, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. CITY OF CORPUS CHRISTI Margie C. Rose Acting/ Interim City Manager Date ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) LEASEE THERECOMPANIES .Ori , LL j Gencare Chief Financial Offi Date Page 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of June 14, 2016 Action Item for the City Council Meeting of June 21, 2016 DATE: TO: May 27, 2016 Margie C. Rose, Acting City Manager FROM: E. Jay Ellington, Interim Assistant City Manager jayell cr cctexas.com 361.826.3898 Special Board Meeting of the Corpus Christi Housing Finance Corporation CAPTION: Special Board Meeting of the Corpus Christi Housing Finance Corporation PURPOSE: The purpose is to fill the vacancy in the position of General Manager and consider the adoption of a resolution pertaining to a loan to be made in connection with the River View at Calallen Apartments, an affordable housing project. BACKGROUND AND FINDINGS: Designation of a New General Manager The Bylaws provide that the Board of Directors may designate from time to time a General Manager and an Assistant General Manager to serve at the pleasure of the Board of Directors and implement the various programs approved by the Board. With the resignation of Ronald L. Olson as City Manager, the Board may take this opportunity to designate a new General Manager since the CCHFC meets infrequently and it helps to have two staff members authorized to sign documents from time to time. Following historic practices, Margie C. Rose would be the new General Manager and E. Jay Ellington would remain as Assistant General Manager. River View at Calallen Project River View at Calallen, Ltd. is the developer of the River View at Calallen Apartments to be located near 12000 Leopard Street in Corpus Christi. It was the top scorer in the regional pool for low-income housing tax credits at the Texas Department of Housing and Community Affairs (TDHCA). The River View at Calallen Apartments will be a 120 -unit multi -family housing development. On February 17, 2015, the CCHFC Board approved the issuance of a loan commitment for a loan in an amount up to $1,800,000. Although the Corpus Christi Community Improvement Corporation awarded $300,000 in HOME funds for the development, in order to reduce the complexity of the transaction from a first, second and third lien financing to just a first and second lien financing, the developer has declined the HOME funds and has finalized the CCHFC loan requirement at $1,440,000. As required by the conditions of the loan commitment made by the CCHFC, the developer has made arrangements with its lender for the project, Citibank, NA, to loan the $1,440,000 to the CCHFC, which will re -loan the funds to River View at Calallen, Ltd., the owner of the project. The loan from Citibank will be a special obligation of the CCHFC repayable solely from the proceeds that it receives from its loan to River View at Calallen, Ltd. and secured by a second lien against the development. According to the original loan commitment, the loan is to bear interest at 3% per annum, have a maturity date in 15 years, and be repayable in monthly installments based on a 30 -year amortization. The developer has requested modification of the loan terms to allow a 35 -year amortization in order to meet the requirements of its master lender, Citibank, for cash flow to debt service obligations. The net effect of the change will be to reduce the monthly payment by $530 and increase the balloon payment due at the end of 15 years from $879,128 to $999,255. Citibank has agreed to the request and approves modification of the repayment schedule of the loan to the CCHFC to match the repayment schedule from the developer. Approval of the attached Resolution authorizing the $1,440,000 loan from Citibank and the lending of said $1,440,000 loan proceeds to River View at Calallen, Ltd. on the revised terms is required for the project to close. ALTERNATIVES: The City has no other funding alternatives for this project due to the reduction of HOME funds available. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The action conforms to all applicable City and CCHFC policies. EMERGENCY / NON -EMERGENCY: Non -Emergency. DEPARTMENTAL CLEARANCES: Housing and Community Development and City Secretary's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 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 the loan to River View at Calallen, Ltd. LIST OF SUPPORTING DOCUMENTS: Agenda for CCHFC Board Meeting Unapproved April 19, 2016, Board Meeting Minutes Treasurers Report Resolution Relating to River View at Calallen Apartments Letter from Developer Requesting Change in Loan Terms AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION SPECIAL MEETING Date: Tuesday, June 21, 2016 Time: During the meeting of the City Council beginning at 11:30 a.m. Location: City Council Chambers, Corpus Christi City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1 President Chad Magill calls meeting to order. 2. Secretary Rebecca Huerta calls roll. Board of Directors Chad Magill, President Rudy Garza, Jr., Vice President Michael T. Hunter Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager E. Jay Ellington, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Constance P. Sanchez, Treasurer Alma Casas, Asst. Treasurer 3. Approve minutes from the Board's annual meeting on April 19, 2016. 4. Review of Treasurer's Report. 5. Designation of a New General Manager. 6. Adoption of a Resolution Authorizing the Execution of Loan Documents with River View at Calallen, LP and CitiBank, N.A. in connection with a loan in the amount of $1,440,000 to assist in financing the development of the River View at Calallen Apartments. 7 Public comment. 8. Adjourn. MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING April 19, 2016 12:00 p.m. PRESENT Board of Directors Vacant, President Chad Magill, Vice -President Rudy Garza, Jr. Michael T. Hunter Nelda Martinez Colleen McIntyre Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Officers Ronald L. Olson, General Manager E. Jay Ellington, Asst. General Manager Rebecca Huerta, Secretary Paul Pierce, Asst. Secretary Margie Rose, Treasurer Constance P. Sanchez, Asst. Treasurer Vice -President Magill called the meeting to order in the Council Chambers of City Hall at 12:00 p.m. Secretary Huerta verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been posted. Vice -President Magill, referred to Item 3 and called for approval of the minutes of the January 12, 2016 Special Meeting. Mr. Garza made a motion to approve the minutes as presented, seconded by Mr. Scott, and passed as follows: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". Vice -President Magill, referred to Item 4 and called for the presentation of the Corpus Christi Housing Finance Corporation (CCHFC) Treasurer's Report ending February 29, 2016. Alma Casas, Assistant Director of Finance, stated the Statement of Net Position Report showed assets were $1,329,107 with liabilities of $406,152 for a total fund balance of $922,955. She reported the total revenues for that period were $13,669 with an expenditure of $688 for a total fund balance of $922,955. There were no questions. Vice -President Magill opened discussion on Item 5, election of officers. Ms. Martinez made a motion to appoint Chad Magill as President, seconded by Mr. Garza and passed. President Magill made a motion to appoint Mr. Garza as Vice -President, seconded by Ms. Martinez and passed. President Magill stated that a slate of Officers was being presented for approval. He then recommended Staff appointees as: General Manager, Ron Olson; Assistant City Manager, E. Jay Ellington; Secretary, Rebecca Huerta; Assistant Secretary, Paul Pierce; Treasurer, Constance P. Sanchez; and Assistant Treasurer, Alma Casas. Mr. Scott made a motion to appoint said Staff members, seconded by Mr. Garza, and passed as follows: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Magill, referred to Item 6, adoption of a resolution authorizing the execution of loan documents with TG -110 Glenoak, LP and Wells Fargo Bank, National Association, in connection with a loan in the amount of$720,000 to assist in financing the redevelopment of the 911 Glenoak Apartments. John Bell, Legal Counsel for CCHFC, stated in February 2015 CCHFC Minutes -- CCHFC April 19, 2016 — Page 2 approved a Resolution making a loan commitment to not exceed $1,050,000 to support the 911 GIenoak Apartments project. He said the developers have satisfied all their conditions with the Texas Department of Housing and Community Affairs and have obtained an allocation from the Corpus Christi Community Improvement Corporation (CCCIC) for HOME funds that resulted in needing less money from CCHFC in the amount of $720,000. He stated that the type of funding that is needed for the CCHFC is called conduit financing where the developer makes the funds available through its lender, Wells Fargo Bank, who in turn loans the money to the CCHFC and they loan the money to 911 Glenoak Apartments. There were no questions or public comment. 6. RESOLUTION AUTHORIZING THE EXECUTION OF LOAN DOCUMENTS WITH TG - 110 GLENOAK, LP AND WELLS FARGO BANK, NATIONAL ASSOCIATION, IN CONNECTION WITH A LOAN IN THE AMOUNT OF $720,000 TO ASSIST IN FINANCING THE REDEVELOPMENT OF THE 911 GLENOAK APARTMENTS. The foregoing resolution was passed and approved with the following vote: Garza, Hunter, McIntyre, Magill, Martinez, Rosas, Rubio, Scott, and Vaughn voting "Aye". President Magill, referred to Item 7 and called for public comment. There was none. There being no further business to come before the Corporation, President Magill adjourned the meeting at 12:07 p.m. on April 19, 2016. CORPUS CHRISTI HOUSING FINANCE CORPORATION STATEMENT OF NET POSITION APRIL 30, 2016 Governmental Schedule Funds Adjustments of Net Assets ASSETS Current assets Cash, cash equivalents & investments 101,273 0 101,273 Receivables Accounts 406,152 0 406,152 Total current assets 406,152 0 406,152 Noncurrent assets Land 0 163,841 163,841 Building & Improvements 0 659,113 659,113 Total noncurrent assets 0 822,954 822,954 Total assets 507,425 822,954 1,330,379 LIABILITIES Deferred Revenue Total liabilities FUND BALANCE Assigned Housing Total Assigned 406,152 406,152 101,273 101,273 0 406,152 0 406,152 101,273 0 101,273 0 Total fund balance 101,273 101,273 0 Total liabilities and fund balance 507,425 NET POSITION Invested in capital assets 822,954 822,954 Unrestricted 101,273 101,273 Total net position 924,227 924,227 CORPUS CHRISTI HOUSING FINANCE CORPORATION SCHEDULE OF ACTIVITIES FOR THE 7 MONTHS ENDED APRIL 30, 2016 Revenues Charges for services Earnings on investments Total revenues Expenditures Community development Total expenditures/expenses Excess (deficiency) of revenues over (under) expenditures Fund balance at beginning of year Fund balance at end of year Governmental Schedule Funds Adjustments of Activities 15,395 2 15,397 1,124 1,124 14,273 87,000 101,273 0 15,395 0 2 0 15,397 0 1,124 0 1,124 0 14,273 822,954 909,954 822,954 924,227 ^/11 mrniiiou DEVELOPMENT SERVICES May 27, 2016 Via Email Board of Directors Corpus Christi Housing Finance Corporation 1201 Leopard Street Corpus Christi, Texas 78401 RE: River View at Calallen, TDHCA #15274 Dear Board of Directors: Please accept this correspondence as a formal request to the Corpus Christi Housing Finance Corporation ("CCHFC") for a modification of the terms of our previously approved conduit loan to River View at Calallen. This request is intended to have the terms of this loan reflect the final terms provided to the transaction by Citi Bank as our designated lender. Citi wishes to have the terms of the first and second liens be identical and contemporaneous; as such, we are requesting a 15 year term with a 35 year amortization from CCHFC. As you aware, Citi Bank will be the source of capital for CCHFC with these funds being provided on a non-recourse basis. Please let me know if you have any questions regarding this correspondence or if we can provide any additional clarification on this subject. Thank you. Sincerely, Enrique "Henry" Flores President Madhouse Development Services, Inc. 8500 Shoal Creek Boulevard Building 4, Suite 208 Austin, Texas 78757 Phone — (512) 633-4037 henry@madhousedevelopment.net A RESOLUTION Resolution Authorizing the Execution of Loan Documents with River View at Calallen, LP and CitiBank, N.A., in connection with a loan in the amount of $1,440,000 to assist in financing the development of the River View at Calallen Apartments WHEREAS, the Corpus Christi Housing Finance Corporation (the "CCHFC") has been duly created by the City of Corpus Christi and organized pursuant to the provisions of the Texas Housing Finance Corporations Act, Chapter 394 of the Texas Local Government Code, for the purpose of assisting in the provision of housing options for persons of low and moderate income; and WHEREAS, the CCHFC has established a loan program for projects applying for low-income housing tax credits with the Texas Department of Housing and Community Development ("TDHCA") in which the CCHFC makes loans based on an assignment of loan arrangement; and WHEREAS, on February 17, 2015, the CCHFC passed a resolution authorizing the issuance of a loan commitment in an amount not to exceed $1,800,000.00 for a 15 - year loan to River View at Calallen, LP at an interest rate of 3% per annum for the development of the River View at Calallen Apartments in connection with an application for low-income housing tax credits filed with TDHCA; and WHEREAS, River View at Calallen, LP has been awarded low-income housing tax credits and has requested a loan in the amount of $1,440,000.00 and has made arrangements with its lender, CitiBank, N.A., to loan such funds to the CCHFC to be re - loaned to River View at Calallen, LP for the development of the River View at Calallen Apartments; and WHEREAS, River View at Calallen, LP has requested an adjustment to the loan amortization requirements changing the monthly payments from a 30 -year amortization to a 35 -year amortization but retaining the maturity in 15 years, and its lender, CitiBank, N.A., has agreed to such change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The CCHFC is authorized to borrow from CitiBank, N.A. the amount of $1,440,000.00 for the development of the River View at Calallen Apartments in connection with an application for low-income housing tax credits filed with TDHCA. The loan shall be a limited obligation of the CCHFC payable solely from the loan repayments and collateral assignment of a subordinate lien deed of trust provided by River View at Calallen, LP. Such loan shall bear interest at the rate of 3% per annum, have a term of 15 years after completion of the project, and be payable in monthly installments based on a 35 -year amortization. 2. The CCHFC authorizes a loan to River View at Calallen, LP in the amount of $1,440,000.00 to be made from the proceeds of the foregoing loan obtained from CitiBank, N.A. Such loan shall bear interest at the rate of 3% per annum, have a term of 15 years after completion of the Project, and be payable in monthly installments based on a 35 -year amortization. Said loan shall be secured by a subordinate lien against the River View at Calallen Apartments provided by River View at Calallen, LP. 3. Each of the President, the General Manager and the Assistant General Manager are separately authorized in their respective capacities of the CCHFC for purposes of executing, attesting, affixing the Corporation's seal to, and delivering the documents and instruments required in connection with the loan from CitiBank, N.A. and the loan to River View at Calallen, LP referenced above as may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution and the actions taken previously by such authorized representatives in connection with such matters are hereby ratified and confirmed. The loan documents shall be subject to the approval of any of such officers, and the signature of any of such officers on any such loan document shall be evidence of such approval. DULY PASSED AND ADOPTED this day of , 2016, at a special meeting of the Board of Directors. ATTEST: CORPUS CHRISTI HOUSING FINANCE CORPORATION By: By: Rebecca Huerta Chad Magill Secretary President C:AUsers\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4C05612A\@BCL@4C05612A.docx 2 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza, Jr. Chad Magill Colleen McIntyre Michael T. Hunter Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn AGENDA MEMORANDUM City Council Meeting of June 21, 2016 DATE: June 15, 2016 TO: Margie C. Rose, Acting City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Ad Hoc Residential Street Infrastructure Committee — Final Report OUTSIDE PRESENTER(S): Name 1. Andy Taubman Title/Position Chairman Organization Ad Hoc Street Committee BACKGROUND: The Ad Hoc Residential Street Infrastructure Committee has completed its final report. Chairman Andy Taubman will briefly review the committee's recommendations for the Council's consideration. LIST OF SUPPORTING DOCUMENTS: Final Report Final Report 5/23/2016 1 2 3 CORPUS CHRISTI 4 TEXAS 5 6 7 FINAL REPORT 8 AD HOC RESIDENTIAL STREET INFRASTRUCTURE ADVISORY COMMITTEE 9 10 Faithfully Submitted by Committee Members: 11 12 Chris Duff 13 Toby Futrell 14 Alan Guggenheim 15 Javier Huerta 16 Kyle Pape 17 Darrell Scanlan 18 James Skrobarczyk 19 Richard Stracener 20 Andy Taubman 21 22 23 Adopted by unanimous vote of Committee Members in attendance: 24 May 23, 2016 25 Corpus Christi Ad Hoc Residential Street Committee 1 1 26 27 Final Report 5/23/2016 TABLE OF CONTENTS 28 SECTION 1- THE RESIDENTIAL STREET PROBLEM AND 29 THE AD HOC COMMITTEE 4 30 1.0 Fixing the Residential Streets 4 31 SECTION 2 - PROCESS OBSERVATIONS 7 32 2.1 Job Costing 7 33 2.2 Contracting 8 34 2.3 Payment interval 10 35 2.4 Acquisition Planning 11 36 2.5 Improvement of Information Systems 12 37 2.6 Incorporation of Technical Advances 14 38 2.7 Hidden Cost of Understaffing and Staff Turnover 15 39 2.8 Engineering versus Construction Project Management Perspective 16 40 2.9 Seal Coats 17 41 2.10 Overlays 18 42 2.11 Residential vs. arterials/collectors 19 43 2.12 Grandfathering of Street Design 19 44 2.13 Improving Street Standards 20 45 2.14 Construction in the ETJ 21 46 2.15 Storm Water 22 47 SECTION 3 - STREET TREATMENT TYPES 23 48 3.1 Targeted Area Reclamation ("TAR") 23 Corpus Christi Ad Hoc Residential Street Committee Page 12 Final Report 5/23/2016 49 3.2 Rebuilding Residential Streets 25 50 SECTION 4 - PRIORITIZING STREET REBUILDING 27 51 4.0 Prioritization Recommendation 27 52 Prioritization Step 1— Determination of Budget by District: 27 53 Prioritization Step 2 — Triage: 27 54 Prioritization Step 3 — Information Gathering• 29 55 Prioritization Step 4— High Cost Exception Diversion: 30 56 Prioritization Step 5 — Finalization of Rebuild Annual Work Plan: 30 57 Other Considerations: 31 58 SECTION 5 - RECONSTRUCTION SCENARIOS 32 59 $10 Million Scenario• 32 60 $14 Million Scenario• 33 61 $17 Million Scenario• 33 62 $20 Million Scenario• 34 63 SECTION 6 -- FINANCING 35 64 6.1 Monitor Activity, Spending and Outcomes from New Residential Street Funding 35 65 6.2 Static Funding 35 66 6.3 Sources of Funds 36 67 SECTION 7 -- COMMUNICATIONS 38 68 7.1 General Communications of Street Programs 38 69 7.2 Communications of Street Program Complaints 39 70 DEFINITIONS 40 71 Corpus Christi Ad Hoc Residential Street Committee Page 13 72 73 Final Report 5/23/2016 Section 1— The Residential Street Problem and the Ad Hoc Committee 74 Corpus Christi is a difficult environment to maintain smooth streets. Large parts of the City have subsoil 75 consisting of clay that expands and contracts in both seasonal and moisture -related cycles. The weather 76 of the region can include hurricane -induced deluges and long -cycle droughts. The City has a 150 year 77 history, with many road problems inherent to outdated materials, methods, and designs of the original 78 construction causing problems with road base, drainage, and utility facilities. Finally, there have been 79 periods of underspending in maintenance and reconstruction which started long ago and continue today 80 in comparison with the requirements and size of the in-place street network. 81 The Street Committee consists of nine volunteer individuals who have been empaneled for a short 82 period of time without independent resources. It is the opinion of the Chair of the Committee that each 83 individual has brought common sense, experience, and good faith to the process. 84 Our goal is to define a sustainable lifecycle maintenance and replacement program for the entire 85 residential street network. 86 The Street Committee wishes to acknowledge and thank the City Manager, City Management, and City 87 Staff for their support throughout this effort. The conclusions of this report and suggestions for 88 improvement are testament to their willingness and ability to make the streets and services to the 89 citizens better — it is not a criticism of the individuals. The people that we have met at all levels of City 90 street processes are knowledgeable, hardworking, and caring. We appreciate the time, advice, and 91 support that they have given the Committee. 92 The Street Committee would like to thank the contractor community. We believe that the Contractor 93 service to the City has been commendable. There is an extraordinary group or prime contractors and 94 sub -contractors who work very hard and have an enormous amount of pride in the quality of the work 95 product. We appreciate the testimony and advice that they have provided to the Committee. 96 The Street Committee would like to thank the engineering community. We believe that the professional 97 services community has a deep understanding of local conditions and they have delivered substantial 98 value to the City in terms of their paid professional services and their unpaid advice in service to the 99 community overall. We appreciate the testimony and advice that they have provided to the Committee. 100 The Street Committee would like to thank the Mayor and City Council. The opportunity to serve has 101 been a wonderful personal experience. We know that difficult choices are ahead, and we hope to have 102 provided guidance and understanding to make their process easier. 103 1.0 Fixing the Residential Streets 104 Streets are of primary importance in society. The streets move people, commercial goods, and waste 105 products to and from every residence and business in a city. Streets must be well designed and 106 maintained in order to minimize the social costs of safety to the public, damage to vehicles, and 107 unproductive loss of traffic backups. In addition to the aforementioned criteria, citizens also focus on a 108 smooth ride quality and uniform appearance as being factors associated with their satisfaction. Corpus Christi Ad Hoc Residential Street Committee Page 14 Final Report 5/23/2016 109 Streets have a finite lifespan that is determined by initial build quality/design, maintenance, 110 environmental conditions, sub -surface characteristics, and vehicle utilization. There is also a utilities 111 component which has its own lifecycle needs, but can force replacement or repairs to the street surface. 112 Because streets are a common social good, streets are a necessary and proper responsibility of 113 municipal government. In order to service the streets, the City must provide for funding, asset 114 management, operational maintenance, and planning for future streets. 115 Corpus Christi City Council has empaneled the Ad Hoc Residential Street Infrastructure Advisory 116 Committee to formulate recommendations to maximize value for residential street spending and to 117 suggest best practices. 118 The streets require a perpetual maintenance and rebuild cycle which is very expensive. Even with the 119 most efficient plan in place, the degree to which the streets are repaired or replaced is ultimately a 120 question of funding. 121 The general mileage or dollars in the following table are important to understand the general magnitude 122 of the ongoing cost of street construction and required maintenance. 123 PER MILE COST OF TOTAL REBUILD OF RESIDENTIAL STREETS INCLUDING UTILITIES 124 IN 2016 CONSTANT DOLLARS COST PER MILE: Scenario Name Street Lifespan Major Maint Cycle Upfront Cost ($000) Cumul Overlay Cost ($000) Cuml Seal Coat Cost ($000) Total Cost per mile ($000) Total Cost per mile per year ($000) No Major Maint 30 years N/A $2,455 - $0 - - $0 - $2,455 $82 Overlay Only 30 years 15 years $2,455 $475 - $0 - $2,930 $98 Overlay and Seal 30 years 7.5 years $2,455 $475 $475 $3,405 $114 No Major Maint 60 years N/A $2,455 - $0 - - $0 - $2,455 $41 Overlay Only 60 years 15 years $2,455 $1,426 - $0 - $3,881 $65 Overlay and Seal 60 years 7.5 years $2,455 $1,426 $950 $4,831 $81 125 126 SYSTEM WIDE COST OF TOTAL REBUILD OF RESIDENTIAL STREETS INCLUDING UTILITIES 127 IN 2016 CONSTANT DOLLARS: Scenario Name Street Lifespan Total Cost for 881 mile Residential Street System ($000,000) Total Cost for 881 mile Residential Street System per Year ($000,000) No Major Maint 30 years $2,163 $72 Overlay Only 30 years $2,581 $86 Overlay and Seal 30 years $3,000 $100 No Major Maint 60 years $2,163 $36 Overlay Only 60 years $3,419 $57 Overlay and Seal 60 years $4,256 $71 Corpus Christi Ad Hoc Residential Street Committee Page 15 Final Report 128 5/23/2016 129 Rebuilding the streets is very expensive. In addition to the street surface itself, there are additional 130 significant costs. These ancillary systems must be upgraded to meet functional standards or as required 131 by law or regulation. Certain street reconstruction treatments may trigger federally mandated ADA 132 improvements adjacent to the street; corner access ramps are a good example. Curb and gutters 133 function as the interface between the roadway and the yard but also function as the primary drainage 134 pathway for stormwater drainage. Understreet utilities have their own finite lifespan for necessary 135 services such as potable water, waste water, and gas. 136 Because the residential streets are relatively narrow and short as compared with arterials and collector 137 streets, the fraction of expenditure on these required spending categories are relatively larger than in 138 comparison with high-capacity streets. We estimate that for residential street reconstruction the 139 relative spending categories for a street program will be surface cost — 32%, ADA cost — 5%, curb/gutter 140 — 30%, and utilities — 33%. 141 Finding / Recommendation 1.0: The Committee finds that the amount of money that Corpus Christi would have to spend to maintain and replace residential streets on a 60 year cycle would be approximately $71 million per year. This amount does not include spending for arterial and collector streets. 142 The political and fiscal reality is that the available funding will be a small portion of what is would be 143 required for replacement based solely on engineering criteria. The Committee also estimates that 144 market constraints on materials and contractor capacity in the near term limit the size of any program. 145 Because there is not enough money to rebuild streets in their entirety, it is likely that citizen 146 dissatisfaction with the streets will continue. 147 The goal of the newly created program described herein is to begin a systematic reconstruction of failed 148 streets and to perform intensive maintenance on all streets in a proactive, systematic manner to address 149 dangerous or damaging conditions and to improve ride quality. 150 The Committee is an advisory body that is making recommendations to the City Council, City leadership, 151 and City Staff. However, the decision authority and responsibility for implementation remains with the 152 respective responsible groups within the City. We are eager to discuss these findings in addition to 153 providing this written recommendation. The Committee has prepared several presentations that were 154 discussed in open, public session. We encourage review of those recorded sessions to understand the 155 context of these recommendations. 156 157 158 Corpus Christi Ad Hoc Residential Street Committee Page 16 Final Report 159 Section 2 — Process Observations 160 2.1 Job Costing 161 5/23/2016 Finding / Recommendation 2.1: The Committee recommends that the City track job cost at the street level. 162 The City does not have a very good handle on individual job cost. It seems to the Committee that the 163 logical unit of understanding job cost is the street. Certainly residents and the media have an 164 expectation that the City should understand the cost of work accomplished within a logical unit that 165 corresponds with the way the average citizen understands streets. 166 We think that this information discipline would benefit department management to understand: 167 • Production efficiency in comparing contractor and internal costs in order to conduct a make 168 versus buy decision or to compare relative efficiency between crews. 169 170 • Factors or conditions that cause the scope of work to expand or shrink. This is especially 171 important to understand projects that experience a catastrophic expansion where a project with 172 a relatively small budget blows -out to absorb substantial resources. 173 174 • Understanding the relative cost of various street treatments so that the least -cost workplan can 175 be implemented. 176 177 • Understanding stability of cost over time for unit cost decision making and contract negotiation. 178 179 • Understanding the relative value associated with the components of the Indefinite Delivery, 180 Indefinite Quantity contracts. 181 Currently the City keeps track of invoices presented by contractors. The invoices generally cover regular 182 periods of time which may include only a portion of work or several blocks of work depending on 183 numerous factors. It is clear that even when the correct amount gets paid for a particular volume of 184 work, it just is very difficult if not impossible to tie back to specific work. 185 Effective job costing is also the first step to clear communication with the public and City Council. It also 186 can serve as a point of discussion with contractors to understand how the City's cost structure for these 187 services may be improved. 188 Corpus Christi Ad Hoc Residential Street Committee Page 17 Final Report 189 2.2 Contracting 190 5/23/2016 Finding / Recommendation 2.2: The Committee recommends that the City use the contracting methods of IDIQ Micro-IDIQ and Project Bid method, in addition to tasking City -internal crews to perform the work to maintain and rebuild the streets. The Micro-IDIQ would represent a recently created method of contracting. 191 Method 1: Indefinite Delivery, Indefinite Quantity (abbreviated as "IDIQ") Contracting 192 The City primarily uses the Indefinite Delivery, Indefinite Quantity (abbreviated as "IDIQ") method of 193 contracting for the Street Preventative Maintenance Program and the Minor Pavement Improvement 194 Program. The IDIQ processes that have historically provided high value to the City in terms of cost and 195 in -field results for a large scope of work. The Committee recommends continued use of the IDIQ 196 method. 197 The City puts forth a general scope of work, and various contractors provide bids which consist of a very 198 extensive list of activities with a price for each activity based on the units used or output produced. The 199 City then selects one contractor for award of the IDIQ contract which exclusively covers a particular 200 scope of work, within a defined area, for a specified period of time. 201 Once the IDIQ contract has been awarded, the City then dispatches delivery orders of work to the 202 contractor. The contractor performs the work and invoices the City based on the quantity of work or 203 materials actually used to complete the work. 204 • There are positive aspects of the IDIQ: The City always has access to a qualified contractor to 205 perform the work at a known price. There is less need for detailed project specification during 206 planning which results in reduced upfront cost as well as minimization of in-house resources. 207 Flexibility allows the City to re -prioritize, increase, or decrease the aggregate work. The City has 208 the ability to engage in work of unknown scope without a constant rebidding or change order 209 cycle. The large contractors that bid on the IDIQ projects can operate with minimal supervision 210 required and they also tend to offload administrative burden from the Engineering Services 211 Department. 212 213 • There are negative aspects of the IDIQ: The exclusivity of the contract impairs the City's ability 214 to hire a substitute contractor to the extent that the relationship with the awarded contractor 215 does not produce the expected results. There are also no change orders, so it is hard to tell if a 216 workplan goes haywire. There is the risk for adverse selection of work which is a risk for the City 217 as well as the contractor because the profitability or value varies greatly by line -item and the 218 amount of each line -item varies greatly between delivery orders. The Texas Local Government 219 Code requires the City to award contracts for construction of roads, streets, utilities and other 220 civil works projects to the lowest responsible bidder, but the lowest bid may be difficult to 221 determine when comparing bids with a la carte service pricing — this is a consequence of the 222 indefinite nature of these types of projects Corpus Christi Ad Hoc Residential Street Committee Page 18 Final Report 5/23/2016 223 224 Method 2: Micro - Indefinite Delivery, Indefinite Quantity (abbreviated as "Micro-IDIQ") Contracting 225 The Committee recommends that City Staff create a simplified process for projects where breaking a 226 large job into smaller executional units would produce cost savings or enhanced manageability. We 227 define this contracting process as a micro-IDIQ with a limited award size, geographic scope, process 228 scope, and the time scope. We think that the benefits of the micro-IDIQ to the City include: 229 • Multi -source provision of services so that the City maintains the skills, availability, and readiness 230 of contractors which ultimately delivers higher value through the competitive bid process. 231 232 • The shorter timeframe makes it less likely that the contractor will fall behind and ultimately fail 233 to produce the work. 234 235 • Smaller contract size should enable smaller contractors to bid the work because the bonding 236 requirements or workload requirements fit within the capabilities of a small provider. 237 238 • Focused scope of work may allow specialized contractors to bid on discrete portions of the 239 work. The larger contracts usually result in large contractors serving in the role as prime 240 contractor with the actual work performed by subcontractors which are billed to the City with a 241 substantial mark-up on their services. 242 243 • Smaller contract size reduces risk to the City which has the derivative effect of allowing contract 244 simplified terms. 245 246 • The Texas Local Government Code allows the City to award contracts for construction of streets 247 using the competitive sealed proposal method if the expenditure is $1.5 million or less. The 248 effective result is that the City can consider other criteria in addition to the price, use a best 249 value determination, and have more flexibility to include small or new contractors as meeting 250 the "responsible bidder" criteria. 251 Certainly the increased number of contractors associated with the Micro-IDIQ and project coordination 252 will likely require increased workload within the Engineering Services Department. This will require 253 additional staffing. 254 Method 3: Traditional Project Bid Contracting 255 The City should continue to use the traditional project bid method. This method has typically been used 256 on bond projects, where the project is well defined and large in scope. 257 This method typically consists of a well-defined, specific scope of work which is bid using a competitive 258 bid process where the contractor agrees to complete the entire project, typically at a fixed price. For 259 projects larger than $1.5 million, the project must be awarded to the lowest responsible bidder. 260 This method requires substantial upfront design resources and an exact knowledge of the initial 261 conditions of the surface and subsurface. If the scope of the project changes, due to either voluntary Corpus Christi Ad Hoc Residential Street Committee Page 19 Final Report 5/23/2016 262 design changes or discovery of complications, then the amount paid to the contractor typically increases 263 through a change order process. 264 Method 4: Award Work to Internal Street Operations Department 265 The City should continue to directly perform the work using the substantial resources and expertise 266 within the street operations department. The City has successfully performed large-scale seal coat 267 operations. 268 Using internal resources provides the City with a flexible and responsive alternative to outside 269 contracting. It is prudent to have these capabilities within the City. However, the cost of these activities 270 needs to be benchmarked to understand the relative value of internal versus contractor produced work 271 and the efficiency of in-house teams. 272 The City historically has achieved great success in "reworking" streets to renew their life; however, the 273 City does not currently have the capability to perform this activity due to loss of internal expertise as a 274 result of staffing challenges and budget cuts. The Committee recommends that the City hire crews and 275 acquire equipment to restore these capabilities within internal operations. (See Section 2.7) 276 277 2.3 Payment interval 278 279 280 completion of work or delivery of goods. Finding / Recommendation 2.3: The Committee recommends that the City should pay contractors promptly. This should be achieved by resolving bottlenecks in the process and improved coordination between City departments. It will also require substantial input from the legal department to ensure compliance with numerous applicable laws. As a first step, the City should track path, time until payment, and status of each invoice starting with presentment for payment. The Committee further recommends that the City set a target of six months for Council review so that there is urgency and accountability for completion of this task. 4 The Committee believes that the City should pay contractors and/or vendors within 30 days of the 281 If the City is slow at paying contractors after the work is performed, the following occurs: 282 • Small contractors cannot afford to work directly for the City because of a working capital 283 funding gap. This financing need is caused because the small contractors must pay their 284 employees and vendors, before they receive payment from the City for completed work. 285 Currently, these small contractors only perform City work by being sub -contractors to large 286 contracting companies who advance funds to the small contractors and directly invoice the City. 287 Due to this arrangement, the City effectively pays a mark-up on the small contractor work 288 because the large contractor adds an amount to the invoice presented to the City which 289 represents the large contractor profit, administrative markup, and financing markup. 290 Corpus Christi Ad Hoc Residential Street Committee Page 1 10 Final Report 5/23/2016 291 • Large contractors who work directly for the City calculate the cost of financing their working 292 capital funding gap and add it to their bid as a cost of the job. 293 The Committee believes that the City can lower the cost of hiring contractors by paying promptly, 294 because small contractors can bid directly on City work and large contractors can afford to lower their 295 bids by the amount of savings on financing costs. 296 With respect to street projects, the City conducts on-site inspections of the work performed proximate 297 to the completion of the work in the field. We believe that these inspection can provide the City with an 298 estimate of the percentage of completion as well as the assurance that the work was completed in good 299 faith. 300 Solving this issue will require refinement of the invoicing process internal to the City as the invoice is 301 processed among multiple departments. It will also require substantial legal review due to the high 302 degree of regulation with respect to Texas State law, among other issues. 303 Even if the City cannot ultimately meet the 30 day payment objective, anything that can be done to 304 shorten the interval will improve the situation for contractors and the City. If the invoice cannot be paid 305 in full, if consistent with applicable rules and regulations, perhaps the City can pay the undisputed 306 amount or provide for a large mobilization payment for bonded contractors where performance risk can 307 be mitigated. 308 As a first step to understanding the magnitude of this problem, the Committee recommends that the 309 City should track the path, time intervals, and status with respect to each individual invoice as it moves 310 within and between departments, starting from the date of vendor presentment for payment. This data 311 will indicate probable bottlenecks as well as provide a basis for reporting. 312 While we believe that the street operations and engineering department would benefit from these 313 changes, the issue of payment interval exists external to these departments and is likely to affect most 314 City operations. 315 316 2.4 Acquisition Planning Finding / Recommendation 2.4: We recommend that the City create an internal purchasing and contract administration role to ensure that acquisition planning results in the highest value to the City through the bidding process and throughout the completion of the work. 317 318 Acquisition planning is the combined role of strategic purchasing and contract administration. 319 The Committee believes that engineering and acquisition planning are distinct skill sets. Currently, it is 320 typical that a project goes from engineering design specification directly to procurement without an 321 evaluative step to thoroughly consider relative value between procurement methods or other 322 considerations to improve procurement results, such as project aggregation or disaggregation. Corpus Christi Ad Hoc Residential Street Committee Page 111 Final Report 5/23/2016 323 As such, we strongly recommend that the City create an internal, acquisition planning role. 324 The acquisition planning role would include understanding the historical cost for services, understanding 325 best estimate of current costs, comparing costs with similarly situated entities, coordinating with 326 contractors to understand their cost structure to re -design City processes to make everyone more 327 efficient, understanding contractor capacity and availability, farming small contractors into larger ones, 328 de -bottlenecking the contracting process, assuring prompt payment of invoices, negotiating terms and 329 pricing. We also believe that the acquisition planning role should have responsibility for contract 330 administration to ensure that the business terms of the contract are respected by both the City and the 331 contractor. 332 The City engages numerous contractors which, in the aggregate, represent payments in the tens of 333 millions of dollars in spending each year. Currently, the contracting process occurs within the 334 Engineering Department which includes people who have professional ties with the entities who work 335 on or a have a history of being on both sides of the table. In addition, these same people often serve as 336 the authority within the City with respect to pursuit of contract claims or enforcement. We believe that 337 there is the appearance of conflict of interest which could be avoided by implementing this 338 recommendation. 339 While we believe that the street operations and engineering department would benefit from these 340 changes, the issue of acquisition planning is likely to affect many City departments. 341 342 2.5 Improvement of Information Systems Finding / Recommendation 2.5: We recommend that the City design and implement process and system improvements to document cost, geo-spatial parameters, and performance measurements in order to achieve effective operational and asset management of the street inventory. In many instances, non -street City departments may have already made the investment and can be adopted with little incremental cost by the street -related departments. The Committee recognizes that it will take substantial effort and investment to effect these improvements. The process will take many years. 343 344 The Committee believes that street operations would benefit substantially from implementation of best 345 practices of the industry or copy successful implementations of electronic recordkeeping, materials 346 management, or labor management systems which are in common use elsewhere. For example, street 347 inspections and materials/labor tallies are recorded in the field on paper and submitted into the City 348 system on a manual basis. We believe that these processes which have probably not changed for a 349 generation are a substantial barrier for the City to understand its cost structure, implement efficiency 350 improvements, or guarantee accountability. Corpus Christi Ad Hoc Residential Street Committee Page 1 12 Final Report 5/23/2016 351 We recommend that the City continue to engage experts to design and implement these process and 352 system improvements. In other instances, non -street City departments may have already made the 353 investment and can be adopted with little incremental cost by the street -related departments. Here are 354 particular examples that seem ripe for improvement: 355 • Real-time tracking of street operation vehicles and people. This properly documents street 356 repair activity, allows job costing, allows specific review of a repair location at a particular GIS 357 coordinate, efficient routing to reduce mobilization loss, and time/hour employment 358 responsibilities. Certainly this technology is in widespread use and may be partially or wholly 359 implemented by the utilities department of the City. 360 361 • Street management has a large GIS component. Damage and repairs happen at a particular 362 location. Costs should be understood at the block level. Work plans should be site specific, 363 because various treatments/contractors relate to specific locations along a street. Third -party 364 street cuts and repairs are location specific. Under street utility location for replacement or 365 service impacts street surface. Dispatch for repair for citizen complaint is site specific. Pre - 366 construction base and sub -grade testing happens at particular test holes which may need to be 367 spatially understood if testing needs to be repeated or expanded. Work completion and 368 acceptance has location, date, and responsibility parameters that should be tracked to evaluate 369 performance over time. As such, the current GIS system need to evolve to support these needs. 370 This expertise may already exist within the City, but has not been applied to streets yet. 371 372 • Portable devices for construction inspection and management. Portable tablets for inspection, 373 with construction management software / apps installed can help City Staff or City 374 representatives to document work and communicate in the field. For example in -field 375 management of schedules, change order process support, creation of contemporaneous 376 construction records, photographic documentation, materials tickets recording, documentation 377 of baseline conditions, and electronic record creation and filing. These systems could also 378 provide information to the inspectors such as real-time access to drawings, specifications, or 379 contract document provisions. 380 381 • Group Communications for time -critical decision support. Whenever a job is halted in the field, 382 enormous expense accrues that will either be borne by the contractor or the City. Resolution 383 needs to be as quick as possible to minimize this unproductive deadweight loss. Communication 384 systems can document the timeframe, process, information for decision making, and 385 notifications or directions from the authoritative, responsible person. 386 387 • Data interchange with contractors or equipment. Contractor back offices probably produce a lot 388 of information with respect to the work that was performed. Execution of a particular job 389 probably has metrics or information such as materials tickets or materials testing results. 390 Advanced machinery has the ability to report location, in-service data, or construction 391 performance data. This data has the potential to improve accountability as well as reduce 392 construction cost. 393 Corpus Christi Ad Hoc Residential Street Committee Page 1 13 Final Report 5/23/2016 394 • The street department still circulates contracts for signature. The use of "DocuSign" or other 395 acceptable technology would eliminate the time, expense, and hassle of paper shuffling and 396 produce an electronic record which is a more consistent documentation of what occurred and 397 eliminates the backend conversion of paper to electronic records. 398 Part of the challenge is defining standards. Part of the challenge is re -defining processes. Part of the 399 challenge is systems. There is a need for a re -design of the system from the big picture all the way to the 400 small picture. This is the same challenge that is faced by numerous entities that engage in road 401 construction and asset management as part of their regular business practices. The first step is probably 402 to review a number of public and private entities, as well as other internal City departments, to 403 incorporate actual experience and actual solutions to eliminate the trial -and -error of theoretical 404 discovery. 405 406 2.6 Incorporation of Technical Advances 407 Finding / Recommendation 2.6: The Committee recommends that the City define a formal process in place for the intake, evaluation, trial, and acceptance of new technologies. 408 Technical innovation has transformed almost every industry within the last generation. The 409 improvements have come in the form of chemistry/materials, information systems, and machinery, 410 among other areas. Correspondingly, street management and construction have seen improvements in 411 technology as well. These improvements lead to lower cost, reduced labor content in construction, or 412 longer road lives. 413 There is no need for the City to risk being an early adopter in order to get the benefit of these advances. 414 Certainly other governmental entities or private industry have probably conducted the research and 415 development of these processes and technologies and have proven the performance in field trials or 416 actual installations. If a process or technology has a proven track record in a similarly situated usage, 417 then it should be evaluated by the City in order to save money or improve street lifespan. 418 There are numerous vendors of additives to streets during the reconstruction or seal coat process. 419 Certainly there are many vendors willing to sell ineffective or cost -ineffective products, and the City 420 should be on guard to protect its interests. However, the Committee believes that there are many 421 products that have the ability to substantially improve the efficacy of existing processes in terms of 422 street -life extension. 423 Many of these products seem especially effective at stabilizing streets in wet environments, which is a 424 particular problem in Corpus Christi. The Committee recommends that the City undertake a formal 425 process to consider and trial these innovations. It is probably as simple as verifying a successful 426 implementation of these materials by a similarly situated municipal entity to initiate a small-scale trial 427 locally. The Committee believes that the potential of these products will produce substantial cost 428 savings in the long run. Corpus Christi Ad Hoc Residential Street Committee Page 1 14 Final Report 429 Machinery has the potential to make labor more efficient and improve product quality. This 430 incorporates issues of machine specialization, the right size for a particular job, onboard 431 measurement/intelligence, and materials utilization efficiency, as examples. 432 433 2.7 Hidden Cost of Understaffing and Staff Turnover 5/23/2016 Finding / Recommendation 2.7: The Committee finds that budgetary savings that result from understaffing, unfilled vacancies, or under -compensation probably are outweighed by increased project costs, increased training costs, high-cost of contract labor, or lost value due to deferred maintenance. As such, we recommend appropriate staffing levels and market compensation for demonstrated performance. This is both a quantity and quality of workforce issue. We recommend that the City Council increase Street Operations crew staffing and equipment by three crews. 434 435 The City engages in multi-million dollar operations either directly or in an oversight capacity. As such, 436 qualified individuals can have a multi-million dollar impact on the cost of maintenance, construction, or 437 asset values. These individuals require fair -value, market based compensation in order to attract and 438 retain talented leadership and workforce. 439 There is an enormous cost to the City when street projects are delayed. This cost is hidden from view 440 until it becomes very real, usually in the form of budget over -run. It impacts the City in terms of 441 increased cost of projects due to inflation which has occurred during the delay of bond projects for 442 example. Another example is the increased damage to streets when preventative maintenance such as 443 seal coats are not completed on schedule. Street related departments have experienced double-digit 444 vacancy rates. 445 Within the street operations department, the loss of skilled equipment operators requires expensive 446 retraining of remaining employees, mandatory outsourcing of street work to contractors, or 447 irreplaceable loss of expertise. City Staff estimates that the budget for pavement operations has been 448 essentially flat for 10 years which is equivalent to cutting the budget as compared with inflation and 449 road -network growth. 450 Training is an investment that makes employees more valuable to the City. However that value is lost 451 and the expense of training wasted, if the employee goes to another city or private contractor. This is 452 especially true if the employee leaves the City shortly after training and before the City benefits from 453 the value received through improved service. The City must address this issue by paying market priced 454 compensation, including wages and benefits. It should also consider recapture of training costs if the 455 employee leaves shortly after training. 456 While it is easy to underfund personnel positions to save on -budget dollars, there may be a real overall 457 loss to the City as these increased costs of doing business vest over time in the form of higher project 458 costs or cost of maintenance. Corpus Christi Ad Hoc Residential Street Committee Page 1 15 Final Report 5/23/2016 459 Street Operations believe that skin patches done in dry weather hold much longer than just pot hole 460 filling. Execution of skin patches requires a level -up crew and equipment. Currently the department 461 has two level -up crews and has requested additional crews in decision packages in the past that have 462 not been approved. Staff believes that two more crews (12 full-time equivalents) and equipment would 463 help the efficiency of existing operations and provide workforce to allow internal completion of TAR 464 program work (the TAR program as explained in Section 3.1). 465 Street Operations believe that a base -rework crew (8 full-time equivalents) and equipment would allow 466 it to internally perform the street Rework process (the Rework process as explained in Section 3.2). 467 468 2.8 Engineering versus Construction Project Management Perspective 469 Finding / Recommendation 2.8: The Committee recommends that the City expands the pool of qualified workforce by exploring the hiring of certified or experienced construction project managers to fill roles within relevant City departments which have heretofore unnecessarily required an engineering certification as a precondition for job consideration. 470 Engineering is a particular knowledge set which is validated by professional licensure. It is critical to 471 many processes and projects and may be required by law, insurance, or best practices. Although some 472 engineers may be excellent construction project managers, some are not. 473 Much of the professional engineering required by the City to support its projects is provided by outside 474 engineering firms and individuals. Their work is validated by engineers internal to the City. Because the 475 City primarily relies on outside engineering for proper design at project inception, the City is already in a 476 position to refocus the department on construction project management. 477 However, it seems to the Committee that much of the workflow which is the responsibility of the 478 Engineering department is better understood as a construction project management challenge. A 479 successful construction management process actively manages and balances cost, quality, and timing. 480 We think that the department would benefit from an increased emphasis on these aspects. 481 By specifying construction management expertise (as opposed to engineering) during the hiring process, 482 the department may be able to get qualified and experienced people from a larger pool of applicants. 483 Hence the possibility of increased quality and lower cost. Individual qualifications can be demonstrated 484 with appropriate certifications or demonstrated practical experience. 485 Del Mar College can be a resource for training of existing Staff, as a source of interns, or recent 486 graduates as well trained employee prospects. 487 488 489 Corpus Christi Ad Hoc Residential Street Committee Page 1 16 Final Report 490 2.9 Seal Coats 5/23/2016 Finding / Recommendation 2.9: The Committee recommends continuation of the SPMP seal coat program. However, data must be gathered in order to judge cost effectiveness and efficacy of the program. 491 492 The City undertakes seal coats in order to prevent the degradation of good streets that meet a particular 493 physical standard. Seal coats are a widely -used treatment that involves the application of a mixture of 494 water, asphalt emulsion, aggregate, and additives to an existing asphalt pavement surface. The 495 treatment is designed to add additional wear surface to a road that is in good condition as well as to 496 inhibit water intrusion. There are variations on this treatment including fog seal, slurry seal, chip seals, 497 scrub seals and cape seals. 498 Currently this type of treatment is mostly, although not exclusively, funded through the Street 499 Preventative Maintenance Program ("SPMP"). That program currently divides the funding between 500 arterial/collector streets and residential streets. For 2016, the seal coat budget was $3.45 million, with 501 the spending divided as 45% arterials/collectors, 55% local/residential. 502 It is also likely that the SPMP funding is insufficient to provide seal coats on all roadways for which the 503 engineering assessment would indicate seal coat treatment. 504 Efficacy is strongly impacted by the initial condition of the road that receives the seal coat, the weather 505 conditions during the time of application, proficiency of the application road crew, and choice of 506 materials, among other factors. 507 Since the City had undertaken a large-scale seal coat program starting in spring 2014, there have been 508 challenges effectuating seal coats related primarily to weather and contractor delays with the result that 509 the work has been substantially behind schedule. However, the City's internal street operations crew 510 has had success completing large-scale seal coat projects. 511 It is unclear to the Committee if the seal coat treatment actually preserves the life of the roads. We 512 strongly believe that this is an open question which must be systematically evaluated by City Staff to 513 determine cost effectiveness of this treatment within the next few years. We strongly encourage 514 evaluation of street cohort groups through time to judge the value of seal coats using definitive data. It 515 is important to design the data collection protocol now, so that the City can effectively monitor road 516 performance. 517 The SPMP is too new to judge and Staff has learned from the new program in order to improve all 518 aspects. However, the historical record of prior seal coat programs offer an incomplete, but un -inspiring 519 picture. 520 Further, we believe that citizen satisfaction with seal coats on arterials and collectors has been low, 521 because this category of treatment does not fix ride quality on roads that have a poor ride prior to 522 sealing. Corpus Christi Ad Hoc Residential Street Committee Page 1 17 Final Report 5/23/2016 523 We believe that it is likely that technical improvements in commercially available industrial additives are 524 likely to improve the performance of the seal coat treatment, and these should be evaluated. 525 526 2.10 Overlays 527 Finding / Recommendation 2.10: The Committee recommends continuation of the SPMP overlay program with a reallocation to increase the relative spending on residential collector streets. 528 The City undertakes preventative maintenance on the streets in order to prevent the degradation of 529 good streets. The overlay treatment consists primarily of milling off the surface portion of the road to a 530 depth of between 1" to 2" with the replacement of the asphalt ride surface. 531 The City had undertaken a large-scale overlay program starting in spring 2014, with good results. The 532 projects have generally been completed on time and within the expected budget. Currently the City 533 does not conduct large-scale overlays with City crews, primarily because of the lack of expertise and 534 experience within the City street operations group. 535 We believe that citizen satisfaction with overlays has been very high. The treatment gives the road an 536 improved appearance and ride. However, because of the extensive nature of the street work associated 537 with this treatment, the City has undertaken ADA upgrades, sidewalk, driveway, and curb/gutter 538 renovation at the same time as the overlay process on the street surface. While the results have been 539 very good, and the value very good, the cost for each road resurfaced has been high in terms of dollars 540 spent per area of road overlaid. 541 It is also likely that the SPMP funding is insufficient to provide overlays on all roadways for which the 542 engineering assessment would indicate overlay treatment. The SPMP overlay funds service arterials, 543 collectors, and residential streets. 544 Currently this type of treatment is mostly, although not exclusively, funded through the Street 545 Preventative Maintenance Program ("SPMP"). That program currently divides the funding between 546 arterial/collector streets and residential streets. For 2016, the SPMP overlays had a $10.4M budget with 547 the division of work being 47% arterials/collectors, 53% local/residential streets. 548 The Committee recommends that City Staff adjust the allocation of overlay spending to reflect: 40% 549 arterials/non-residential-collectors, 25% residential -collectors, and 35% residential/local streets. In 550 particular, the Committee believes that many citizens have the perception that residential collectors are 551 residential streets. But because collectors have more traffic, higher traffic speeds, and longer travel 552 distances we believe that better allocation of this scarce resource to residential collectors will result in a 553 dramatically improved ride quality and corresponding citizen satisfaction. 554 The Committee recognizes that if funds are reallocated as we recommend, that there will be 555 approximately $1.9 million less spent on overlays of true residential streets as compared with historical 556 amounts. We believe that this is prudent because there will be substantial improvement in streets that Corpus Christi Ad Hoc Residential Street Committee Page 1 18 Final Report 5/23/2016 557 most citizens consider as residential. In addition, spending efficiency improves such that more street 558 surface is renewed because collectors have a higher percentage of overlay spending in the street surface 559 as compared with residential streets which have less surface area relative to required ADA, curb/gutter, 560 and sidewalk spending. 561 562 2.11 Residential vs. arterials/collectors 563 Finding/ Recommendation 2.11: The Committee recommends prioritization of incremental spending on arterial/collector streets. 564 The Committee has been tasked with the reconstruction of Corpus Christi's residential streets, and we 565 have presented recommendations thereto. Residential streets are important to keep in good repair as a 566 matter of damage to property, public safety, civic pride, and in support of residential property values. 567 However, the City has an enormous need to reconstruct and improve arterial/collector roads too. The 568 Committee believes that the condition of the arterial/collector roads has a larger impact on the citizens 569 because most citizens, almost all commercial traffic, and many visitors spend more time and drive at 570 higher speeds on the arterials/collectors. Therefore, while it is important to establish a credible 571 residential street reconstruction program, incremental spending of available funds is better spent on 572 arterial/collector streets. 573 574 2.12 Grandfathering of Street Design 575 Finding / Recommendation 2.12: The Committee recommends initiation of legal review to explore the ability to apply current road construction standards to projects that would otherwise be grandfathered to build outdated designs for many years in the future. 576 The City gains most of its new residential roadway by acceptance of completed streets by private 577 developers following construction of new subdivisions. 578 The City adopted improved specification for residential streets in 2013. We think that it was the general 579 expectation that the improved standards would be implemented as new development tracts were built. 580 It is the responsibility of the land developer to build streets according to City specifications when farm 581 fields are turned into a neighborhood residential development within the City limits. 582 However, this is not the way the process currently works. As a result, many new subdivisions that have 583 been completed since 2013 and will be completed in the future do not reflect the current design 584 standards. Corpus Christi Ad Hoc Residential Street Committee Page 1 19 Final Report 5/23/2016 585 This unexpected result occurs because the City regulations are grandfathered for that development at 586 the time the initial plat is filed and accepted by the City's Development Services Department. After that 587 initial -plat, it may take as long as fourteen years to completely develop that neighborhood for the entire 588 development span, yet the grandfathered rules apply. 589 As a matter of process, the developers are typically given a two year window to complete development 590 of the initial -plat. However, it is the expectation of virtually all developers that the lifespan of the 591 development will be many years in the future. As such, it is common practice for the Planning 592 Commission to renew the plats for two year intervals near each expiration date. 593 It seems to the Committee that at the time of any renewal, the time extension could be conditioned 594 upon acceptance of certain new regulations. This is the policy question at hand to be considered. 595 There is certainly a balancing act necessary when considering forcing new regulation on a developer in 596 the middle of a project. Some regulatory changes would impair the fundamental economics of the 597 project and would be imprudent for the City to impose. An example of this would be the increased 598 radius of a cul-de-sac circle, which was added to the development code to facilitate turning of heavy 599 trucks including fire protection. If this were forced on a developer, the parcels adjacent to the cul -de - 600 sac would need to be resized, setbacks adjusted, and the development plan necessarily reconfigured. 601 We view this as an example of an unfair, imprudent, and unnecessary burden. 602 The Committee, in conjunction with the Staff of the Engineering Department and Development Services, 603 believes that the prudent middle ground would be to condition plat renewal on non -geometric changed 604 regulation. From the perspective of the Street Committee this would include the construction standards 605 for street cross-section, curbs, gutters, sidewalks. We believe that the City Development Services 606 Department will have a similar list of affected systems such as required water or wastewater pipe size, 607 for example. 608 Allowing continued development using old street standards has a substantial cost to the City because of 609 increased maintenance cost, problems with storm water runoff, or pre -mature failure requiring 610 reconstruction earlier than expected according to current standards. 611 612 However, before any action is taken, there must be a thorough legal review. State law may preempt the 613 ability of Corpus Christi to directly address the issue. 614 615 2.13 Improving Street Standards Finding / Recommendation 2.13: The Committee recommends that the City consider improved street standards or construction damage mitigation such as increased warranties, delayed acceptance, or delayed installation guaranteed by performance bonds. 616 617 During new neighborhood subdivision development, the streets are built prior to home construction. 618 Substantial damage can occur as concrete truck loads or other heavy equipment associated with the Corpus Christi Ad Hoc Residential Street Committee Page 120 Final Report 5/23/2016 619 building of the subdivision by the developer transits the new streets. The City should evaluate strategies 620 to reduce its exposure to increased cost related to this type of damage. These include: 621 • Lengthened warranty periods 622 • Delayed acceptance of the roads 623 • Delayed installation of road wear surface or sidewalks with developer performance guaranteed 624 by performance bonds or cash 625 • Consider concrete streets for new road construction within residential subdivisions. 626 Improved street design standards may also be necessary. Streets engineering is an advanced and well 627 understood science. However, as a general matter, the design standards for streets rely on a series of 628 assumptions that are converted by formula into a profile for the street design. Thus when a street is 629 designated as having a 30 -year design life, it is often a short -hand estimate of Equivalent Single Axel 630 Loads (often abbreviated as "ESAL"). 631 If the assumptions which feed the formula are incorrect, or if road use changes, then the road will not 632 achieve its design life in terms of years. Examples include: 633 • Incorrect assumptions with respect to the weight of garbage trucks, recycling trucks, delivery 634 trucks, or busses which have tended to increase in weight or frequency as compared with 635 historical periods. 636 637 • Usage may increase on a residential street if it inadvertently becomes a through -street due to 638 issues of construction on neighboring streets or congestion on nearby arterials and collector 639 streets. 640 641 • Street usage far beyond design life. The City currently contemplates using a street for 60 years 642 even though the initial design life was 30 years. 643 Design -life extension can be simplified to be thought of as increased base and wear surface depth. 644 Because road elevations get set on primary construction, it is much, much easier to increase these 645 parameters on new construction as compared with redeveloping older streets to these new standards. 646 Further, in most reasonable scenarios, additional base material has the effect of making maintenance 647 and reconstruction cheaper in addition to expanding the useful life of the roadway. 648 More work has to be done, before a clear course of action is apparent. 649 650 651 2.14 Construction in the ETJ Finding / Recommendation 2.14: The Committee recommends that the City consider a strategy to address street construction in the ETJ to limit exposure to increased costs if those roads become City responsibility through annexation. Corpus Christi Ad Hoc Residential Street Committee Page 121 Final Report 5/23/2016 652 The City should also understand and catalog construction of residential streets in the ETJ. As the City 653 grows, these streets will become the financial and operational responsibility of the City. If they are 654 substandard because the City has no jurisdiction or if they are not properly inspected, then this will 655 become a very expensive burden on the City as expansion occurs. 656 The County encourages construction that omits common features such as curb, gutter, sidewalks, or 657 some storm water improvements so that it does not become responsible for maintenance of these 658 expensive systems. 659 Because the City may have no or limited authority over new construction in the ETJ, the Committee 660 recommends working closely with the County to address this issue. 661 662 2.15 Storm Water 663 Finding / Recommendation 2.15: The Committee recommends that the City evaluate the stormwater problem outside of the purview of this Ad Hoc Committee. 664 Standing water due to ineffective stormwater drainage is a significant contributor to the degradation of 665 City streets. 666 Unfortunately, stormwater is a complicated and expensive responsibility of the City. Effectively moving 667 stormwater has a large impact on street health, safety, and the potential for property damage. The 668 issue presents complex engineering challenges, land use issues, and an enormous funding problems. 669 The Street Committee believes that successful understanding and resolution of these issues is beyond 670 the capabilities, timeframe, and resources of the Committee and, as such, we have no opinion on this 671 matter other than making a small budgetary allowance within reconstruction scenarios. 672 673 674 Corpus Christi Ad Hoc Residential Street Committee Page 1 22 Final Report 675 Section 3 — Street Treatment Types 5/23/2016 676 The need for street maintenance and reconstruction is large. However, the budget is necessarily small. 677 As such, there will always be difficult choices that must be made to allocate scarce funding for maximum 678 effect. Life extension of existing assets is the only way to cope with the physical and fiscal reality. 679 Ultimately, any street management program will be a combination of the following treatments: 680 3.1 Targeted Area Reclamation ("TAR") 681 Finding / Recommendation 3.1: The Committee recommends that the City funds a program of residential street spending to achieve a Targeted Area Reclamation (a "TAR") with a defined budget amount and program cycle time. The TAR is a proactive, intensive maintenance cycle applied throughout the City to extend the functional life of streets until reconstruction can occur. 682 The Targeted Area Reclamation is an intensive maintenance program which is designed to pro -actively 683 service streets throughout the City. The goal of the targeted area repairs is street life extension. 684 The TAR program repairs targeted areas to alleviate damaging conditions, dangerous conditions, low 685 quality ride areas, or other specific areas that need remediation. Examples of problems that would be 686 addressed can include but are not limited to jarring dips, recurring pot holes, and lane sag as examples. 687 The TAR could also be used to achieve signage/striping designation of Metropolitan Planning 688 Organization ("MPO") bike routes on residential streets, to the extent that these improvements are not 689 directly funded by the MPO. 690 Remediation treatments can include but are not limited to area wear -layer treatments, micro -surfacing, 691 area limited depth repair, area full depth repair, level -up treatments, structural pot hole repair, and 692 signage/striping improvement, as examples. Improvements may also be made to curb, gutter, and 693 flatwork as necessary. These treatments are currently used by the City on a smaller scale and more 694 reactive basis. So there is substantial precedent that this type of process is both achievable and 695 effective. 696 There will also be overlay -type improvements in the limited case where the streets require minimal 697 ADA, curb, gutter, or flatwork. In these cases the overlay process is extremely cost effective, because 698 almost all the money funds street surface renewal and little is required to be spent on ancillary facilities. 699 There are two key policy decisions that must be made with respect to the TAR process: 700 • The budget per unit of area. Policy makers would determine the annual amount of the program 701 in their sole discretion. However, the Committee envision that the annual amount is 702 approximately sized to be the financial equivalent of reconstruction of 10% of the surface area 703 of the streets with a PCI < 55 within a defined area. 704 Corpus Christi Ad Hoc Residential Street Committee Page 1 23 Final Report 5/23/2016 705 • The cycle time to service all areas. The promise to the citizens is that by completing a TAR cycle, 706 each neighborhood within the City will have received proactive intensive maintenance within a 707 defined number of years. It is this promise to the Citizens that is an important part of any policy. 708 The Committee believes that the appropriate range of cycle span is five to seven years. 709 The first element of defining the TAR process is to determine Project Units which are geographic areas 710 that segment Districts into areas for which an annual TAR workplan is produced. Project Units are 711 logically defined, compact areas within City Council Districts that each have approximately the same 712 square yardage of surface area of residential streets with a PCI less than 55. The number of Project 713 Units within a district is equal to the number of years required to achieve intensive maintenance to the 714 entire District area. For example, if the policy makers determine that the entire City should receive TAR 715 maintenance over a five year cycle, then there would be five Project Units within each district. The 716 Project Units will be designated by District number and year order related to a particular TAR cycle. As a 717 hypothetical example on a five year cycle for District 1, there will be TAR 1-2017, TAR 1-2018, TAR 1- 718 2019, TAR 1-2020, TAR 1-2021. 719 The second element of the TAR process is to allocate funding to each Project Unit. The allocation is 720 made by taking the total annual budget amount and dividing by the total square yardage of all Project 721 Units expected to be completed for that particular year. The resulting amount is the allocated dollars 722 per square yard. This factor is multiplied by the square yardage of a particular Project Unit to determine 723 the total budget dollars available that year for a particular area. 724 The third element of the TAR is a detailed workplan for the streets within that year's TAR Project Units. 725 The workplan is determined by a qualified street expert. The workplan identifies the specific problems 726 and the proscriptive fix for each location. The amount and degree of work is limited by the budget 727 allocated to the area under review. 728 TAR treatments would not be implemented on streets that had failed and are included in the Rebuild 729 program. 730 While the spending between districts may be uneven due to the differing amount of residential roads in 731 poor condition within each district, each area would receive funding proportional to the amount of poor 732 condition streets in a particular area as compared with the City as a whole. We think that this achieves 733 equity in street maintenance among citizens across the City. 734 The TAR process does improve the utility and safety of the streets. This method stretches the life out of 735 streets to the fullest extent possible; however, it is not a substitute for replacement of failed streets or 736 facilities. We do think that this approach benefits the City's water and wastewater utilities by allowing 737 time for them to engage in an independent process to prioritize their spending to meet EPA 738 requirements and assess under -street facilities health. 739 As compared with traditional reconstruction alternatives, the TAR is very effective at reclaiming problem 740 areas of the surface of residential City streets per dollar spent. However it must be acknowledged that it 741 achieves this by not improving curbs/gutters, under street utilities, or storm water drainage in material 742 amounts. Corpus Christi Ad Hoc Residential Street Committee Page 1 24 Final Report 5/23/2016 743 The typical street serviced by the TAR will have sections that are unimproved. The damage repair in the 744 areas that have received the intensive reclamation will appear to be new road surface. Visually the 745 street will have a patchwork appearance, but the damage in the target area will be fixed. 746 The City may implement TAR treatments using both internal street operation resources as well as 747 outside consultants. In addition to the large-scale contractors, we believe that there will be the 748 opportunity for the City to strategically and effectively use small contractors to provide specific 749 treatments or over small areas. 750 We believe that the first TAR cycle has the most value to address the most visible and ride impacting 751 problems. The Committee recommends that the TAR program is reviewed in its entirety after the first 752 cycle to judge its effectiveness and to assess the incremental value of a second cycle. We believe that 753 the completion of the first TAR cycle will probably coincide with the completion of the Harbor Bridge 754 and other major road projects such that availability of materials, contractors, or experienced workers 755 may impact City priorities or cost structure of road repair. 756 757 3.2 Rebuilding Residential Streets 758 Finding / Recommendation 3.2: The Committee recommends that the City funds a program of residential street spending known as Rebuild with a defined budget amount. Streets that are rebuilt will receive a new wear surface, base renewal, curb/gutter/ADA improvements, and under -street utilities as required. 759 Rebuild consists of a choice between two methods to address a failed street, either rework or 760 reconstruct. The choice between these two processes for any particular street is determined by 761 evaluating the street base, sub -soil, and existing materials quality in order to determine the possibility or 762 degree of reuse of existing street materials. There is also evaluation of the under -street water, waste 763 water, gas, and stormwater utilities for replacement or reconfiguration which may impact the decision 764 between rebuilding methods. 765 During the rebuilding process curb, gutter, flatwork, and ADA required improvements are made. 766 Rework: 767 The rework process is a proven and cost effective method of rebuilding failed streets. For streets that 768 are tested and have sufficient base and favorable sub -grade conditions, the City can rebuild the street 769 using a rework process. That process mills the existing surface and base, stabilizes the mixture with 770 additives, and re -uses about 80 percent of the materials in situ. A new wear surface is applied as the 771 final step. 772 The street is functionally new at a cost less than full depth reconstruction. Corpus Christi Ad Hoc Residential Street Committee Page 1 25 Final Report 5/23/2016 773 The City used to complete the rework process with internal crews. The best example is Texan Trail 774 between Reid and Staples that was reworked in August 2011 and remains in excellent condition. 775 Reconstruct: 776 Reconstruction is the required rebuilding process for failed streets where testing indicates that a rework 777 is not possible or for streets that must be reconfigured. The existing material is removed. The sub - 778 grade soil is mechanically and chemically stabilized. New base and wear surface is applied. 779 During the Reconstruction process, the under -street water, waste water, and gas utility facilities are 780 evaluated and replaced if necessary to be funded by the respective utility departments. Stormwater will 781 be considered subject to a budget limitations. 782 783 784 785 Corpus Christi Ad Hoc Residential Street Committee Page 1 26 Final Report 786 Section 4 — Prioritizing Street Rebuilding 787 4.0 Prioritization Recommendation 5/23/2016 Finding / Recommendation 4.0: The Committee recommends prioritizing street rebuilding according to a process that considers road condition, safety, maintenance history, proximity to schools, population density, utility coordination, transportation coordination, and road network connectivity. 788 789 In order to effect a rebuilding program, failed streets must be prioritized. This is a very difficult process 790 to define but it is critically important so that it is implemented in an unbiased manner across the City 791 and free from political considerations as much as possible. The process must be transparent, stable, 792 organized, and well understood by all stakeholders. The results must be documented and available to 793 the public. 794 The deliverable from the City to the citizens is a list of streets in order of expected reconstruction for 795 each District. Each street accepted for reconstruction would have a defined work plan and associated 796 budget. Roads not accepted for reconstruction would be eligible for service by the TAR process. 797 The Committee expects that the prioritization process will occur on a two year cycle which corresponds 798 to recent Transmap data (or the equivalent) and the expected cycle of automated measurement of 799 street health. 800 Prioritization Step 1— Determination of Budget by District: 801 Each year, in conjunction with the budget cycle, the determination is made to divide the amount 802 budgeted for street rebuilding between Districts. The calculation is designed to allocate budget 803 according to relative need. 804 The City shall determine the total square yardage of residential streets with a PCI value of less than 55 805 for each District. Using the aforementioned total, the percentage of the annual budget for each District 806 shall be the proportion of square yardage for the streets within a particular District as a ratio to the total 807 square yardage among all Districts. 808 Prioritization Step 2 — Triage: 809 The candidate list of streets to be considered for Rebuilding shall consist of each residential street 810 segments with a PCI of less than 20. The ranking process should be repeated for each District, because 811 each District will have an independently prioritized list of streets designated for Rebuilding. 812 The triage is important because there are hundreds of streets that are in poor condition, and there is 813 not enough budget or contracting capacity to address them all. By making an upfront determination of 814 severity using a data -centric ranking, the City avoids spending time, labor, and expense to evaluate 815 every situation in a detailed manner, but for which there are insufficient funds to address through Corpus Christi Ad Hoc Residential Street Committee Page 1 27 Final Report 5/23/2016 816 reconstruction. This process is also an important feedback mechanism for conditions that can be 817 ameliorated through the TAR process. 818 The street candidate list shall then be scored according to the following matrix: Element Description Ridability The City will evaluate the use of the International Roughness Index, as provided by Transmap, as a proxy for degradation of road surface. Most people perceive road roughness as the indicator of road quality. The rougher the road, the higher the rank for a particular street. Safety The City will evaluate the accident reporting from the City's various public safety departments. The higher the incidence or severity of accidents, the higher the rank for a particular street. Maintenance History The City will evaluate the historical record of repairs to a particular road segment in order to determine the frequency of material problems. Repeated repairs within the same road segment can indicate the need for the rebuilding as a permanent solution to recurring problems. The higher the number of recurring problems per review period, the higher the rank for a particular street. Proximity to schools The City will evaluate the proximity of the road segment to schools. Schools generate substantial local traffic and need safe streets and supporting street infrastructure such as curbs, gutter, and sidewalks. The closer the street is to a school, the higher the rank of the street. Population density The City will evaluate the population density along the road segment if the data is available throughout the City or alternatively as a density of improved lots as a proxy for population if the data is otherwise unavailable. The higher population density, the higher the rank for a particular street. Utility coordination The City's utilities have under -street utilities for about 50% of the residential streets. The utility will report the street as a priority, neutral, or negative based on utility knowledge of the conditions and cost of replacement for facilities. A particular street will be ranked from priority as highest and negative as lowest. Transportation coordination The City has transportation priorities as determined by traffic engineering to increase safety or reduce traffic backups as examples. There are also planning organizations such as the Corpus Christi Ad Hoc Residential Street Committee Page 128 Final Report 5/23/2016 819 820 The ranking for each category listed above shall have the same weight. Staff will determine the optimal 821 scoring matrix consistent with Committee priorities. 822 The list shall be truncated at 140% of the estimated square yardage that can be serviced within a two 823 year period using standard cost estimates for reconstruction, the expected annual budget, and the 824 square yardage of the street segments. However, for discussion purposes, the Staff may generate a five 825 year list. 826 We have chosen variables that attempt to fix the streets in worst condition but have the highest social 827 impact. We have also tried to improve the efficiency of City spending by identifying roads where a fix 828 can eliminate maintenance costs associated with recurring visits or avoid replacement of utility facilities 829 that have remaining useful life. 830 Prioritization Step 3 — Information Gathering: 831 The third step is to gather information necessary to ensure quality of the list results as well as estimate 832 cost of rebuilding for each street segment. 833 For each street segment on the list, a qualified person will visit the street to confirm the degree of street 834 surface failure, evaluate expensive proximate problems such as insufficient stormwater drainage, quality 835 of base or other materials, and condition of curbs/gutters/flatwork/ADA, among other variables. If the 836 street condition is consistent with expected degree of failure, then the street segment will remain on 837 the list for further evaluation. 838 The City should develop a workplan and standard -cost budget estimate for the street segment 839 rebuilding: 840 841 842 843 844 845 • City and non -City utilities will be notified that street is being considered for replacement so that they advise the City if the street impacts their independent strategic priorities. • Gather historical information regarding street construction, surface/sub-surface testing, maintenance history, third -party street work, etc. Corpus Christi Ad Hoc Residential Street Committee Page 1 29 MPO which have designated certain streets as being important to the transportation health of the City. The City will score each street as priority, neutral, or negative based on traffic priorities or planning organizations. A particular street will be ranked from priority as highest and negative as lowest. Road network connectivity Residential road segments at each end have either a dead-end, another residential street, a collector street, or an arterial street. The City will calculate a score for a particular street based on the importance of the connections at both ends. Streets will be ranked based on the intensity of their road network connection. Arterial connected streets will rank highest, residential road / dead end streets will rank the lowest. 819 820 The ranking for each category listed above shall have the same weight. Staff will determine the optimal 821 scoring matrix consistent with Committee priorities. 822 The list shall be truncated at 140% of the estimated square yardage that can be serviced within a two 823 year period using standard cost estimates for reconstruction, the expected annual budget, and the 824 square yardage of the street segments. However, for discussion purposes, the Staff may generate a five 825 year list. 826 We have chosen variables that attempt to fix the streets in worst condition but have the highest social 827 impact. We have also tried to improve the efficiency of City spending by identifying roads where a fix 828 can eliminate maintenance costs associated with recurring visits or avoid replacement of utility facilities 829 that have remaining useful life. 830 Prioritization Step 3 — Information Gathering: 831 The third step is to gather information necessary to ensure quality of the list results as well as estimate 832 cost of rebuilding for each street segment. 833 For each street segment on the list, a qualified person will visit the street to confirm the degree of street 834 surface failure, evaluate expensive proximate problems such as insufficient stormwater drainage, quality 835 of base or other materials, and condition of curbs/gutters/flatwork/ADA, among other variables. If the 836 street condition is consistent with expected degree of failure, then the street segment will remain on 837 the list for further evaluation. 838 The City should develop a workplan and standard -cost budget estimate for the street segment 839 rebuilding: 840 841 842 843 844 845 • City and non -City utilities will be notified that street is being considered for replacement so that they advise the City if the street impacts their independent strategic priorities. • Gather historical information regarding street construction, surface/sub-surface testing, maintenance history, third -party street work, etc. Corpus Christi Ad Hoc Residential Street Committee Page 1 29 Final Report 5/23/2016 846 • Estimate budget for replacement using standard cost methodologies for surface, curb/gutter, 847 ADA, utilities net of any possibility of cost sharing or reimbursement from non -City entity. 848 849 • Estimate budget for any required stormwater facilities cost or other special situation costs. 850 851 • Estimate saving associated with efficient mobilization related to other City projects or between 852 street segment candidates. 853 854 • Notify any potential sources of cost sharing such as other governmental entities or third -party 855 utilities. 856 857 The workproduct for each street is a small decision package which is easy to create consisting of the net - 858 cost budget, a short narrative, a few pictures, and an overhead street view. 859 Prioritization Step 4 — High Cost Exception Diversion: 860 The fourth step is the diversion to high-cost exception list. Certain streets that have failed and would 861 otherwise have a high priority are disproportionately expensive to rebuild. The best example of a 862 condition causing high cost is the need for improvement or addition of stormwater facilities. 863 Because the total funding for rebuilding is limited, there is the potential for a high-cost street to absorb 864 a large fraction of the Rebuild budget to rebuild a single street. By moving the high-cost streets to a 865 separate list for consideration of supplemental funding, the number of regular cost streets which can be 866 rebuilt is maximized. 867 Here is the process for diversion of high-cost streets from the regular rebuilding list: 868 • If stormwater or other special situation costs are more than 20% of the estimated budget, then 869 road is placed on a "High -Cost Exception List" 870 871 • High -Cost Exception List gets circulated to City Council or other relevant City departments 872 873 • The high-cost element is specifically funded or not 874 - Dedicated stormwater funding source or allocated funds for purpose 875 - Private or third -party funds 876 - City Council direction for appropriation or for street program to absorb cost 877 • If high-cost element is funded, then street returns to normal ranking process 878 879 • If high-cost element is not funded, then street stays on high-cost exception list 880 Prioritization Step 5 — Finalization of Rebuild Annual Work Plan: 881 The Rebuild Annual Work Plan is established by assuming rebuilding of streets in rank order from the list 882 for each District. The Rebuild Annual Work Plan is then communicated and authorized: Corpus Christi Ad Hoc Residential Street Committee Page 1 30 Final Report 5/23/2016 883 • Publish to public and provide City Council with preliminary findings with respect to streets, 884 scoring and District list 885 • Public hearing hosted by City staff, can be central or by District 886 • Following public hearings, the City Council ratifies Rebuild Annual Work Plan 887 Once a road is accepted on an annual work plan, it will be completed in the expected year or become 888 the first road for the next year rollover. If the City is ahead of schedule and under budget, then the 889 street rebuilding can continue down the list in regular order of District rotation or savings added to 890 subsequent year's plan. If work is over -budget, then amount is 'borrowed' from subsequent year's 891 annual work plan. 892 Streets on ranking list but not in a work plan are referred to TAR list. With City Council approval, 893 unplanned road reconstruction may be jumped into line within a District for good cause, to be 894 determined by the City Council. 895 Results of the finalization and regular reporting of progress should be communicated to the public with 896 respect to any particular street. 897 Other Considerations: 898 The Committee is recommending the use of PCI and the related roughness index as a major component 899 to prioritize streets. 900 However, many on the committee have substantial reservations as to the usefulness of PCI in the lower 901 value ranges (i.e. less than 40) as a measure of comparative street health. In making our 902 recommendation, we are trusting the Staff representation to the Committee that the new values from 903 Transmap highly correlate to actual street health. 904 If the Transmap values demonstrate the lack of correlation with street health that we observed in the 905 prior City data, then other proxies or methods must be substituted in order for the City to achieve 906 maximum benefit from this program. 907 908 909 Corpus Christi Ad Hoc Residential Street Committee Page 1 31 Final Report 5/23/2016 910 Section 5 — Reconstruction Scenarios 911 The goal for the reconstruction program is to get the process underway at a level that credibly starts to 912 address the problem of rebuilding residential streets. Unsurprisingly, if the City spends more money, it 913 can rebuild more streets. If we successfully plan and execute a baseline plan, then there will be the 914 opportunity to add funding on a one-time or recurring basis and accelerate the process. 915 With this in mind, the Committee presents funding scenarios of $10 million, $14 million, $15 million, $17 916 million and $20 million per year. Certainly intermediate funding levels will produce intermediate results. 917 Whatever level of funding is chosen, it will be prudent to reassess the plan in a five year timeframe. 918 Within the next few years, the building of the Harbor Bridge and other TxDOT projects will present a 919 challenge and opportunity for street operations. The challenge will be competition for experienced 920 crews, materials, and contractor attention. The opportunity will be the potential for increased 921 contractor capacity and new materials supplies to flow into the region. The key will be to reassess street 922 programs at the end of the Harbor Bridge project, with the possibility of expanding City street 923 replacement to take advantage of the wind -down of those projects. 924 Here is the spending by treatment for each scenario: 925 Program Size $10 mm $14 mm $17 mm $20 mm TAR (Cycle length) $0 $9 mm/yr (7 year cycle) $12 mm/yr (5 year cycle) $12 mm/yr (5 year cycle) Rebuild $10mm/yr $5 mm/yr $5 mm/yr $8 mm/yr Totals $10 mm/yr $14 mm/yr $17 mm/yr $20 mm/yr 926 927 $10 Million Scenario: 928 The $10 million scenario primarily spends the funding directly on rebuilding failed streets. Because the 929 funding amount is small, it is unlikely that it would be worth the effort to establish a TAR program. 930 Program Table Year Year Year Year Year Year Year Year Year Year Year Year 1 2 3 4 6 6 7 8 9 10 29 30 Annual TAR Milage Equivalent - - - - - - - - - - - - Annual Milage Rebuild 4/ 4.7 4.7 4.7 4.7 4/ 4/ 4/ 4.7' 47 4/ 4/ Annual Milage Rebuild Equiv 4.7 4.7 4.7 4.7 4.7 4.7 4.7 4.7 4.7 4.7 4.7 4.7 Cumul Milage Streets Serviced 41 9.4 14.2 18.9 23.6 28.3 33.0 37.8 42.5 47.2 136.9 141.6 °% Street Rebuilt Equivalent 1% 1% 2% 2% 3% 3% 4% 5% 5% 6% 17% 17% Total Program Spend Associated Util Spend Storm Water Total Cost to City 10.000.000 10.200.000 10 404.000 10 612,080 10.824.322 11.040,808 11 261.624 11,48E857 11.716.994 11.950.926 17410 242 17.758 447 4,993.307 5.093-174 5.195,037 5298-938 5.404 917 5.513.015 5,623,275 5.735 741 5.850 455 5.967,465 8.693 409 8.807,338 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 15,993.307 16.293-174 16 599,037 16911,018 17 229238 17.553.823 17 884,899 18,222,597 18.567.049 18.918 390 27-103.711 27.625.785 Corpus Christi Ad Hoc Residential Street Committee Page 132 Final Report 5/23/2016 931 Rebuilding streets is expensive. By the end of year 5 only 3% of the streets would be rebuilt. By the end 932 of year 30 only 17% of the streets would be rebuilt. Including an estimate of the associated utility 933 spending, the total impact of the project is approximately $16 million per year. 934 935 $14 Million Scenario: 936 The $14 million scenario contains a TAR with a seven year service cycle and $5 million in rebuilding. 937 938 Program Table Year Year Year Year Year Year Year Year Year Year Year Year 1 2 3 4 5 6 7 8 9 10 29 30 Annual TAR Milage Equivalent 9 2 9.2 9 2 92 9.2 9 2 9.2 9 2 9.2 92 92 92 Annual Milage Rebuild 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 Annual Milage Rebuild Eq ae 11.5 11.5 11.5 11.5 11.5 11.5 11.5 11.5 11.5 11.5 115 11.5 Cumin Milage Streets Ser4sed 11.5 23.1 34.6 46 2 57.7 69.3 80.8 92.4 103.9 115.5 334.9 3465 Street Reba7t Equivalent 15::, 3% 4% 6% 7% 9% 10% 11% 13% 145:, 41% 43% Total Program Spend Associated Util Spend Storm leJater Total Cost to City 14.000.000 14.280.000 14.565.600 14.866.912 15.154.050 15.457.131 15.766.274 16.081.599 16.403231 16,731,296 24,374.339 24.661.826 2,496,654 2.646,587 2.597.519 2.649.469 2,702.458 2.756.507 2,811.638 2.867.870 2,925228 2.983,732 4,346.735 4.433.669 1.000,000 1.000000 1000.000 1.000.000 1.000,000 1.000.000 1_000.000 1.000,000 1.000.000 1.000,000 1.000.000 1.000.000 17.496.654 17.826,587 18.163.119 18506,381 18.856,509 19.213.639 19.577.911 19.949.470 20,328.469 20.715.028 29,721.073 30.295.495 939 The inclusion of the TAR stretches the street surface funding primarily by ignoring problems with curbs, 940 gutters and ancillary facilities. By the end of year 5, an equivalent of 7% of the streets would be rebuilt. 941 By the end of year 30, an equivalent of 43% of the streets would be rebuilt. Including an estimate of the 942 associated utility spending, the total impact of the project is approximately $17.5 million per year. 943 As compared with the scenario that is weighted to rebuilding, utility expenditures are reduced. While 944 the street budget increased by $4 million per year, the program total only increased by $1.5 million due 945 to the offset. 946 947 $17 Million Scenario: 948 The $17 million scenario contains a TAR with a five year service cycle and $5 million in rebuilding. 949 Program Table Year Year Year Year Year Year Year Year Year Year Year Year 1 2 2 4 5 6 7 6 9 10 29 30 Annual TAR Milage Equivalent 12.6 12.6 126 12.6 126 12.6 126 12.6 126 12.6 126 12.6 Annual Milage Rebuild 24 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 2.4 Annual Milage Rebuild Equly 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 14.9 Cumin Milage Streets Serviced 14.9 29.8 44.8 59.7 74.6 89.5 104.4 119.4 134.3 149.2 432.7 447.6 % Street Rebuilt Equivalent 2% 4% 6% 7% 9% 11% 13% 15% 17% 18% 53% 55% Total Program Spend Associated Uhl Spend Storm Water Total Coat to Cdy 17000.000 17.340.000 17.686,800 18.040 536 18.401_347 18169 374 19.144.761 19.527.656 11918_209 20.316.574 29.597.412 30.189.360 2.496 654 2546,587 2.597 519 2.649,469 2,702 458 2.756,507 2.811.638 2.867,870 2.925 228 2.983,732 4.346.736 4 433,669 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 1.000.000 20.496.654 20 886.587 21 284319 21_690 005 22.103.805 22.525.881 22.966.399 23 395,527 23,843_437 24.300 306 34.944.146 35.623,029 950 This scenario is probably the optimal level of spending. All neighborhoods get an intensive service 951 within a reasonably short period and the rebuilding gets underway at a meaningful level. Corresponding 952 utility spending is at a relatively low level. 953 By the end of year 5, an equivalent of 9% of the streets would be rebuilt. By the end of year 30, an 954 equivalent of 55% of the streets would be rebuilt. Including an estimate of the associated utility 955 spending, the total impact of the project is approximately $20.5 million per year. Corpus Christi Ad Hoc Residential Street Committee Page 1 33 Final Report 5/23/2016 956 957 958 $20 Million Scenario: 959 The $20 million scenario contains a TAR with a five year service cycle and $8 million in rebuilding. 960 Program Table Year Year 1 2 Ye3ar Year Year Year 'Year Year Year Year Year Year 4 5 6 7 8 9 10 29 30 Annual TAR Milage Equivalent 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 12.6 Annual Milage Rebuild 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 3.8 Annual Mllage Rebuild Equly 16 _3 16.3 16.3 16 3 16.3 16 3 16.3 16 3 16.3 16.3 16.3 16 3 Cumin Wage Streets Serviced 16.3 32.7 49.0 65.3 81.7 980 114.3 130.7 147.0 163.4 473.7 490.1 Street Rebuilt Equivalent 2% 4% 6{ 8% 10{ 12% 14% 16% 18% 20% 58% 60% Total Program Spend Associated Util Spend Storm Water Total Cost to City 20.000,000 20.400.000 20,808.000 21.224.180 21.648.643 22.081.616 22.523.248 22.973.713 23.433.188 23.901.851 34,820.484 35.516.894 3.994 646 4_074,539 4156 030 4.239 150 4323.933 4A10 412 4.498_.620 4.588.593 4.680_.364 4.773.972 6.954.775 7.093.871 1.000,000 1_000,000 1.000 000 1,000,000 1.000.000 1,000,000 1.000,000 1.000,000 1.000,000 1_000,000 1.000_000 1.000,000 24.994,646 25.474,539 25.964.030 26.463.310 26.972.576 27.492028 28,021.869 28.562.306 29.113.552 29.675.823 42,775.259 43.610.765 961 By the end of year 5, an equivalent of 10% of the streets would be rebuilt. By the end of year 30, an 962 equivalent of 60% of the streets would be rebuilt. Including an estimate of the associated utility 963 spending, the total impact of the project is approximately $25 million per year. 964 965 966 Corpus Christi Ad Hoc Residential Street Committee Page 134 Final Report 967 Section 6 -- Financing 5/23/2016 968 Although financing and determining sources of new funds for street improvements was not a primary 969 task of the Committee, it is worth sharing Committee thoughts on program financing, as well as 970 outlining numerous potential sources of funds under discussion for proposed new residential street 971 programs. 972 6.1 Monitor Activity, Spending and Outcomes from New Residential Street Funding 973 Finding / Recommendation 6.1: We recommend the City regularly report and publish a clear accounting of how and where individual program dollars are spent and to be transparent if program funds are increased, decreased or reallocated. 974 Both the Residential TAR Program and the Residential Street Rebuild (Rework & Reconstruction) 975 Program described in this report are designed as new programs with new funding in order to assure 976 independent tracking and reporting on the activity, spending and outcomes derived from these new 977 dollars. 978 979 6.2 Static Funding 980 Finding / Recommendation 6.2: We recommend that street program funding be increased annually at least at the general rate of inflation and proportionate network growth. 981 The Committee recognizes that static funding of programs over time may result in underfunding and/or 982 understaffing program activity. A case in point is funding for City street operations has been flat for over 983 a decade despite growth in the street network and the increased cost of inflation. It is important that 984 program funding be increased annually at least at the general rate of inflation. As the City improves its 985 ability to understand its standard cost structure, we expect the City will be in a better position to better 986 determine growth demands and inflationary impact on actual program spending and then budget 987 accordingly. 988 Corpus Christi Ad Hoc Residential Street Committee Page 1 35 Final Report 989 6.3 Sources of Funds 5/23/2016 Finding / Recommendation 6.3: We recommend that the Council direct the City Manager to explore all possible funding sources for residential street programs and prepare a recommendation for Council consideration. 990 991 RTA Funding of City Street Aspects. Our survey of other Texas cities showed a number of cities receive 992 funding from their Transportation Authorities for both street maintenance and street reconstruction, 993 expanding their traditional investment in bus stops and surrounding street elements, as well as for 994 offsetting the wear and tear of city buses on the street network. 995 The Committee Chair had preliminary meetings with the RTA regarding their funding of street 996 improvements. In general, these discussions centered on RTA funding of about $1.5 million per year. 997 Work still needs to be done to define the elements of street projects which support the RTA in their core 998 mission of network transportation. We believe that bicycle mobility and American Disability Act 999 accommodations are elements of street projects that are consistent with the RTA's core mission to serve 1000 economically disadvantaged and disabled citizens. Additionally, the journey to and from residential 1001 homes to a bus stop is an important part of end-to-end service and leverages RTA's substantial 1002 investment in bike and ADA accommodations. 1003 The funding under consideration would be in addition to existing contributions to street programs by 1004 the RTA and not a reallocation of existing funding. It is expected that to the extent possible, we will work 1005 together to qualify this additional funding for direct or indirect Federal funding. Any actual arrangement 1006 between the RTA and the City must ultimately be determined and agreed to by the respective oversight 1007 authorities. 1008 Budget Savings and/or Reallocation of Existing Dollars. As part of the City's zero based budgeting 1009 initiative, any reprioritization of existing dollars, as well as any identified budget savings, should be 1010 considered in developing new funding for proposed residential street programs. 1011 Dedicated General Fund and Industrial District Revenue. The Council's Financial Budgetary Policies 1012 Resolution #029848 provides policy direction to the City Manager on the preparation of annual budgets. 1013 Included in this resolution are the defined General Fund and Industrial District Revenue contributions to 1014 residential street capital improvements. The resolution was discussed at length in the most recent 1015 Council Retreat where the Council talked about reviewing these specific policies regularly for 1016 appropriate future funding levels, as well as for inflation and growth impacts. 1017 1018 1019 1020 1021 1022 • For 3 years beginning in 2015, transfer $1m each year from the uncommitted fund balance of the General Fund to the Residential Street Capital Fund • Beginning in 2016, transfer 5% of the Industrial District Revenue to the Residential Street Capital Funding Corpus Christi Ad Hoc Residential Street Committee Page 1 36 1023 1024 1025 1026 1027 1028 1029 1030 Final Report 5/23/2016 • In 2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Capital Funding • In 2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Capital Funding • In 2023, transfer one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Capital Funding 1031 Repurpose Whataburger Field Debt Service Funds. The 1/8 cent dedicated sales tax known as Type A 1032 funds approved by voters in 2002 is coming back to voters this November. Type A funds are allowed to 1033 be used primarily for economic development, affordable housing and some special event facility debt. In 1034 our case, the $2.5 million in annual debt service for Whataburger Field is funded by a portion of our 1035 current Type A dollars. The Whataburger Field debt is paid off September 2017, freeing up 1036 approximately $2.5 million a year in 2018 for another purpose. 1037 Council is currently considering November ballot language changing from a Type A program to either a 1038 Type B program which allows spending dollars on arterial reconstruction or to a General Revenue 1039 program which allows the dollars to be spent on any street reconstruction, including directly on 1040 residential streets. If Type B is chosen, some future arterial reconstruction bond programs could be 1041 replaced with residential reconstruction bond programs. 1042 Both options allow continued funding of economic development and affordable housing initiatives. 1043 Council is also considering a different allocation of these dedicated sales tax dollars to increase the 1044 money available for street improvements from $2.5 million to approximately $3.5 million annually. 1045 Charter Revision for Additional Dedicated Operations and Maintenance Property Tax Revenue. The 1046 current Charter Revision Committee is set to bring recommended charter changes to the City Council for 1047 potential consideration by voters in November. One measure under discussion would allow future City 1048 Councils to raise property tax rates under certain constraints for dedicated spending on street 1049 improvements. 1050 Dedicated Spending from Revenue Growth. Tax revenue generated by new growth each year in the City 1051 should be isolated and reported, with some portion of that revenue increase considered for dedicated 1052 spending on residential street improvements. 1053 Ad Valorem Tax Increase. Currently one additional cent on the property tax rate generates about an 1054 additional $1.7 million per year which the Council could appropriate for any municipal purpose, 1055 including street improvements. 1056 Corpus Christi Ad Hoc Residential Street Committee Page 1 37 Final Report 1057 Section 7 -- Communications 1058 7.1 General Communications of Street Programs 1059 5/23/2016 Finding / Recommendation 7.1: The Committee recommends that the City design a standardized communications program so that the public understands the plan for future work, the scope of current work, and an accounting of completed work. 1060 For project based departments, the communication with the public should start with a promise. You 1061 give us "$X" dollars and we will give you "Y" streets. The elements of the promise are a proposed 1062 budget, a defined scope of work, and a specific timeframe. The promise must be made before work 1063 starts; progress must be documented on a periodic basis; and there must be a thorough accounting of 1064 the final result. 1065 Here are committee recommendations in an effort to meet the promise standard: 1066 • Electronically publish the engineering work plan and budget associated with each project / 1067 contract let. 1068 1069 • The budget year, the work plan year, and the final accounting should all line-up at the end of the 1070 fiscal year to the maximum extent possible. At the end of the fiscal year, work planned and 1071 actual work performed should be accounted for. Budget versus actual should be clearly 1072 disclosed. 1073 1074 • Carryover amounts related to pending or uncommitted -unfinished work should be clearly 1075 presented. This allows for consideration of adequate staffing if and when the deferred work is 1076 undertaken and so that the make-up of the work becomes a policy matter by leadership. 1077 1078 • Name the work plan in a logical way that indicates when the work is expected to get done. For 1079 example the '2016 Seal Coat Work Plan' would be streets expected to be seal coated in fiscal 1080 year 2016. Avoid terms like Year 2 Plan, as an example in order to avoid confusion. 1081 1082 • On a monthly (or other) periodic basis, publish the expected work plan and the actual work 1083 performed. Publish budget and timing variances as well as the updated resulting work plan. 1084 1085 • Publish the raw data without spending a lot of time massaging — this would include inspection 1086 reports, acceptance reports, invoices, contract awards, etc. -- let search algorithms (e.g. google) 1087 index and catalog the reporting. 1088 Corpus Christi Ad Hoc Residential Street Committee Page 1 38 Final Report 5/23/2016 1089 • Publish before and after pictures of the work performed. It would help the average citizen 1090 understand the magnitude and scope of work being performed. 1091 1092 • Identify and disclose troubled projects so that there is confidence that issues are being address 1093 and not ignored. Everyone understands that problems will occur — the distinguishing character 1094 of good management is the ability to adapt and overcome. There is a tendency in large 1095 organizations to bury bad news; this inclination must be overcome and be replaced with sense 1096 of disclosure. 1097 1098 7.2 Communications of Street Program Complaints 1099 Finding / Recommendation 7.2: The Committee recommends that the City reinforce existing processes and procedures so that the Call Center can serve as the citizen point of contact for the City's professional response to specific citizen complaints or inquiry. 1100 The Committee recognizes that citizens are the ultimate customer of City services including streets. 1101 There is a balance that must be maintained: 1102 • Citizens must be provided with a complete, correct, and thoughtful reply to specific issues that 1103 an individual may raise. These situations include complaints about an individual street problem 1104 or complaints about contractor/street operations work, as examples among many. 1105 1106 • Direct and unfiltered contact between a complaining citizen and members of the Street 1107 Operations or Engineering Department requires a substantial investment of time and 1108 department resources. When this occurs, the core mission of the department suffers, the 1109 immediate work at hand is derailed, and there is an enormous emotional toll on the individual 1110 employees who may not be expert in customer communications. 1111 The City's Call Center already has processes in place to take the complaint and get answers from the 1112 relevant departments. The Call Center is also staffed with professional communications experts who are 1113 trained to achieve appropriate communication goals. These staff members can also keep City Council or 1114 other co -inquiring management in the loop in a more organized manner. 1115 By incorporating the Call Center into the path of complaints, the Committee believes that the feedback 1116 to the citizen will be improved, the deleterious impact on the department will be reduced, and City 1117 management can have a specific person accountable for professional response to the public. 1118 1119 1120 Corpus Christi Ad Hoc Residential Street Committee Page 1 39 1121 1122 1123 1124 Final Report 5/23/2016 Definitions 1125 Acquisition Planning —Acquisition planning is the combined role of strategic purchasing and contract 1126 administration. Reference page 11, Section 2.4. 1127 ADA — Americans with Disabilities Act, and for purposes of this document, all related rules and 1128 regulations related to facilities that require special design 1129 Arterial -- An arterial road is a high-capacity urban road. The primary function of an arterial road is to 1130 deliver traffic from collector roads to freeways or expressways, and between urban centers. 1131 Collector -- A collector road is a low -to -moderate -capacity road which serves to move traffic from 1132 residential streets to arterial roads. 1133 ETJ — "Extra Territorial Jurisdiction". The ETJ is the unincorporated land within five miles of Corpus 1134 Christi's boundary that is not within the city limits or ETJ of another city. It is the territory where Corpus 1135 Christi alone is authorized to annex land. To a limited degree, the ETJ enables the City to extend 1136 regulations to adjacent land where development can affect quality of life within the city. 1137 IDIQ— "Indefinite Delivery, Indefinite Quantity". A contracting method whereby competing contractors 1138 submits bids that consist of a la carte service pricing. Reference page 8, Section 2.2. 1139 Overlay — A street renewal and maintenance process whereby the asphalt surface of the road is milled 1140 and replaced with a new wear surface. Reference page 18, Section 2.10. 1141 PCI — "Pavement Condition Index". The PCI is a numerical index between 0 and 100 which is used to 1142 indicate the general condition of a pavement based on ride affecting and non -ride affecting conditions. 1143 It is a statistical measure of road health. Historically in Corpus Christi it has been based on visual 1144 inspection by qualified reviewers. However the process was recently automated by a company known 1145 as Transmap. Reference page 31, "Other Considerations". 1146 Rebuild — Rebuild is a process to replace a failed street. For purposes of this report, it is either a 1147 Reconstruct or a Rework. The choice between methods is a function of street environment and 1148 condition of materials comprising the failed street. Reference page 25, Section 3.2. 1149 Reconstruct — Reconstruct is a process to replace a failed street. It involves removal and replacement of 1150 the existing street materials. This method is selected if the conditions of the environment or the 1151 materials indicate that re -use would not be effective. It is also indicated where under -street utilities are 1152 replaced. Reference page 26. 1153 Residential Collector — A Collector road that primarily services residential neighborhoods and may have 1154 residences along the road itself. Corpus Christi Ad Hoc Residential Street Committee Page 1 40 Final Report 5/23/2016 1155 Rework -- Rework is a process to replace a failed street. It involves milling the existing materials, 1156 chemical stabilization, and reuse of a substantial fraction of existing street materials. New material is 1157 added as required. This method is selected if the conditions of the environment and the materials 1158 indicate that re -use would be effective. Reference page 25. 1159 Seal Coat -- A sealcoat is a preventive maintenance surface treatment designed to preserve and extend 1160 the life of a street. In general, the process involves application of a thin layer of asphalt emulsion and 1161 gravel to the road surface. Reference page 17, Section 2.9. 1162 "SPMP" — The Street Preventative Maintenance Program. 1163 Street Preventative Maintenance Program — "SPMP". A program of preventive maintenance designed to 1164 preserve and extend the life of a street. The program is funded by a street fee on the water utility bill of 1165 most residences and commercial customers as well as by contribution from other sources. The program 1166 is entering its third year in 2016. It is applied to each category of streets. The processes are seal coats 1167 and overlays. 1168 "TAR" -- Targeted Area Reclamation 1169 Targeted Area Reclamation — "TAR". The Targeted Area Reclamation is an intensive maintenance 1170 program which is designed to pro -actively service streets throughout the City. The goal of the targeted 1171 area repairs is street life extension. The TAR program is designed to alleviate damaging conditions, 1172 dangerous conditions, low quality ride areas, or other specific areas that need remediation. Reference 1173 page 23, Section 3.1. 1174 1175 1176 Corpus Christi Ad Hoc Residential Street Committee Page 1 41 AGENDA MEMORANDUM City Council Meeting of June 21, 2016 DATE: June 16, 2016 TO: Margie C. Rose, Acting City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Discussion regarding Proposed Ballot for November 8, 2016 Election STAFF PRESENTER(S): Name 1. Rebecca Huerta 2. Miles Risley BACKGROUND: Title/Position City Secretary City Attorney Department The purpose of the presentation is to discuss the proposed ballot for the November 8, 2016 election and to receive Council direction regarding special election items. LIST OF SUPPORTING DOCUMENTS: Draft Ordinance — General Election Draft Ordinance — Special Election PowerPoint DRAFT Ordinance Ordering a general election to be held on November 8, 2016, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even - numbered years as authorized by State law, the same being November 8, 2016; with a runoff election on December 13, 2016, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; WHEREAS, Nueces County will also be conducting an election on November 8, 2016; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 8, 2016. A runoff election shall be held on December 13, 2016, if one is necessary. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a. m. to 7: 00 p.m. on the date of the Election. SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. 1 SECTION 6. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows: In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 8. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 9. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 10. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 hereof be given full force and effect of its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016 by the following vote: Nelda Martinez Brian Rosas 2 Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 3 day of DRAFT Ordinance Ordering a special election to be held on November 8, 2016, in the City of Corpus Christi on the question of adopting an increase of one-eighth of one percent to the general city sales and use tax, subject to categories for use of said tax adopted as a contract with the voters; on the question of whether to continue the Corpus Christi Crime Control and Prevention District; to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Council finds that the citizens of Corpus Christi should have the opportunity to approve an increase of one-eighth of one percent to the general city sales and use tax, and also to approve the continuation of the Corpus Christi Crime Control and Prevention District; WHEREAS, the City Council desires to place before the electorate of the City of Corpus Christi proposed amendments to the Charter of the City of Corpus Christi; WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting an election on November 8, 2016; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas on November 8, 2016, for the purpose of submitting to the voters of the City ballot propositions on the question of whether to approve an increase of one-eighth of one percent to the general city sales and use tax; to continue the Corpus Christi Crime Control and Prevention District; and to consider amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The eSlate direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a. m. to 7: 00 p.m. on the date of the Election. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is authorized to do all things necessary to administer the Election on 1 continuation of the Corpus Christi Crime Control and Prevention District in accordance with authorization by the District in its order calling the Election. SECTION 5. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows: In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein (said Attachment C to be approved and attached when the mobile temporary branch polling places are determined by Nueces County). The City Secretary is authorized in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all Election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code: PROPOSITION NO. 1 GENERAL SALES AND USE TAX FOR AGAINST The adoption of a local sales and use tax in Corpus Christi at the rate of one and one- eighth of one percent. PROPOSITION NO. 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST 2 Whether the Corpus Christi Crime Control and Prevention District should be continued for ten years and the crime control and prevention district sales tax should be continued for ten years. PROPOSITION NO. 3 FOR AGAINST To amend the City Charter to establish a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed Six Cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction, said taxes to be maintained in this dedicated fund and used solely for the purpose of residential street reconstruction, including associated utilities work and professional engineering services, and said taxes to be gradually implemented at a rate of not more than Two Cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. PROPOSITION NO. 4 FOR AGAINST To amend the City Charter to provide that the Mayor Pro Tem shall be the Council Member elected at large who received the highest number of votes. PROPOSITION NO. 5 FOR AGAINST To amend the City Charter to adjust total annual compensation for the Mayor to $24,000 and total annual compensation for each Council Member to $18,000, and eliminate all other forms of compensation, to be effective with the City Council elected in 2022. 3 PROPOSITION NO. 6 FOR AGAINST To amend the City Charter to allow for procurement of contracts for independent auditor with terms up to five years. PROPOSITION NO. 7 FOR AGAINST To amend the City Charter to provide for the appointment of two alternate members to the Civil Service Board. PROPOSITION NO. 8 FOR AGAINST To amend the City Charter to eliminate the prohibition on City employees filing for nomination or election to municipal public office to comply with Texas Local Government Code Section 150.041. PROPOSITION NO. 9 FOR AGAINST To amend the City Charter to provide authority to issue bonds in accordance with the laws of the State Of Texas. PROPOSITION NO. 10 FOR AGAINST 4 To amend the City Charter to clarify the approval process for leases, update the statutory reference, and eliminate the waiting periods for leases and lease amendments which do not exceed 5 years. PROPOSITION NO. 11 FOR AGAINST To amend the City Charter to repeal an unnecessary provision regarding untreated water supply contracts. PROPOSITION NO. 12 FOR AGAINST To amend the City Charter to update legal references in the General Powers section and clarify the General Powers. PROPOSITION NO. 13 FOR AGAINST To amend the City Charter to clarify the procedures regarding purchases and contracts in conformity with State law. SECTION 8. This Section is intended to create a contract with the voters with regard to Proposition Number 1 in Section 7 of this Ordinance. The City Council commits to the following with respect to Proposition No. 1 in Section 7 of this Ordinance: a. to use up to $500,000 received from the increased one-eighth of one percent sales tax each fiscal year for affordable workforce housing, and 5 b. to use 45% of the funds received from the increased one-eighth of one percent sales tax for economic development projects as allowed by Chapter 380 of the Texas Local Government Code, and c. to use the remainder of the funds received from the increased one-eighth of one percent sales tax for construction, repair, and maintenance of residential streets. The commitment described by this Section shall be effective for a period of 15 years after the effective date of this ordinance. SECTION 9. Adoption of Proposition No. 3 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 1, as follows: Sec. 1. - Taxation. (a) The city council shall have power, and is hereby authorized annually, after the budget is adopted, to levy and collect taxes up to the maximum authorized by the Constitution of Texas based on the assessed value of all real and personal property in the city, not exempt by the Constitution and laws of Texas from taxation; provided that, except as provided in paragraph (b) and paragraph (c) below, the maximum tax rate for all purposes shall not exceed sixty-eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The maximum tax rate limitation shall remain in full force and effect until changed by Charter amendment or by ordinance duly adopted after a referendum election at which a majority of the registered voters voting at such election approved adoption of the ordinance. (b) The maximum tax rate the city council may levy in support of debt service for any tax - supported obligations which are authorized by the voters of the city at an election held after April 4, 1993, shall be limited to the tax rate limitation provided in the Texas Constitution. In the event any such voter -approved obligations are refunded by the issue of refunding obligations as authorized under Texas law, the debt service on such refunding obligations shall be subject to the maximum tax rate limitation in paragraph (a) above unless: (i) the refunding results in a net present value savings to the city as determined by the Texas Attorney General, or (ii) such refunding obligations are authorized by the voters of the city at an election held for such purpose. (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed Six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction to be deposited in such fund. Said taxes shall be used solely for 6 the purpose of residential street reconstruction, including associated utilities work and professional engineering services, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. {c—} (d) If for any cause the city council shall fail or neglect to pass a tax ordinance for any year, levying taxes for that year, the tax ordinance last passed shall be considered in force and effect as the tax ordinance for the year for which the city council so failed to pass a tax ordinance, and the failure to pass such ordinance in any year shall not invalidate the collection of the tax for that year. {d} (e )The city council may also prescribe the date when taxes shall become due and prescribe penalties for nonpayment before they become delinquent. {e} (f} The city council may also levy, assess and collect any other types of taxes as provided by state law, provided that no such tax shall be greater than is authorized by such statute. SECTION 10. Adoption of Proposition No. 4 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 4, as follows: Sec. 4. - The mayor pro tem. (a) The city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tem, and he or she shall receive no extra pay by reason of being or acting as mayor pro tem. The mayor pro tem shall be the council member elected at large who received the highest number of votes at the City Council election. He or she shall receive no extra pay by reason of being or acting as mayor pro tem. (b) Whenever a regular or special meeting is scheduled to be held and both the mayor and mayor pro tem are absent, a majority of the council members present may proceed to elect one of those present as acting mayor for such meeting who shall preside and discharge the duties of the mayor. The absence of the mayor and mayor pro tem shall be noted in the minutes with a short statement of the reason for absence, if known. 7 (c) When it is anticipated that both the mayor and mayor pro tem will be absent from the city, or unable to perform the duties of the office of mayor on the day of the meeting of the city council, the council by a majority vote shall name a member to be mayor pro tem for the particular meeting, and he or she shall be entitled to perform the duties and have the powers of the mayor on such occasion. (d) If the mayor pro tem takes office as mayor pursuant to Section 12 below due to vacancy in office of mayor, then the new mayor pro tem shall be the council member elected at large council member who received the next highest number of votes. SECTION 11. Adoption of Proposition No. 5 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 7, as follows: Sec. 7. - Compensation. (a) Each member of the city council, with the exception of the mayor, shall receive as total compensation the sum of mix thousand dollars ($6,000.00) eighteen thousand dollars ($18,000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (b) The mayor shall receive as total compensation the sum of nine thousand dollars ($9,000.00) twenty-four thousand dollars ($24,000.00) during each year of service on the council, such sum to be paid in equal installments throughout the year. (c) No car allowances, health insurance or other forms of compensation are permitted. (d) The provisions of this section shall become effective immediately after the election and qualification for office of the first city council following its adoption with the City Council elected in 2022. SECTION 12. Adoption of Proposition No. 6 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 27, as follows: Sec. 27. - Independent audit. The council shall provide for an independent annual audit for all city accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. The council may, without requiring competitive bids, procure designate such accountant or firm annually or for a period not exceeding three five years, provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such 8 fiscal year. If the state makes such an audit, the council may accept it as satisfying the requirements of this section. SECTION 13. Adoption of Proposition No. 7 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 2, as follows: Sec. 2. Civil Service Board. There shall be a civil service board, which shall consist of three persons, citizens of Corpus Christi. No member of the board shall during his or her tenure be a candidate for or hold any city office or position, and no member of the board shall during his or her tenure hold any other public office, except notary public. The city council shall appoint the members of such board. The city council shall appoint two alternate members to serve for absent board members. The term of office of each member and alternate member of such board shall be for three years, or until a successor is appointed. The civil service board, subject to the approval of the council, shall adopt, amend and enforce a code of rules and regulations providing for appointment, employment or suspension in all positions in the classified service. The civil service board established herein shall promulgate rules and regulations that insure fair treatment of employees in hiring, promotions, grievances and disciplinary actions including suspensions, dismissals, or terminations in accordance with the policy stated herein. SECTION 14. Adoption of Proposition No. 8 would amend the City Charter, ARTICLE VII, EMPLOYMENT REGULATIONS, Section 5, as follows: Sec. 5. - Officers and employees, candidacies. (a) A member of the city council may file as a candidate for nomination or election to any public office, including a position under this Charter. Upon the election or appointment to a non -city public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non -city public office. Upon the election or appointment to a non -city public office or upon the filing as a candidate for any position under this Charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates for nomination or election to any non city public office and may serve in such position if elected or appointed, so long as such activities do not interfere with his or her city employment contrary to ordinances and administrative regulations. If any city employee shall file as a candidate for nomination or election to a position under this Charter, such employee shall forfeit his or her employment with the city. 9 SECTION 15. Adoption of Proposition No. 9 would amend the City Charter, ARTICLE VIII, TAXATION AND BONDS, Section 2, as follows: Sec. 2. Authority to Issue Bonds (a) The city council shall have the power and authority by resolution duly passed, to borrow money on the credit of the city and may issue bonds of the city therefor. It shall also have the power and is hereby authorized to issue bonds for the purpose of refunding outstanding bonds of the city. (b) No bonds shall be issued for a term of longer than one year or to refund outstanding bonds at the same or a higher rate of interest and for such maturities that the aggregate amount to be paid on refunding, principal and interest, will exceed the aggregate amount due, principal and interest, on the entire outstanding bonds proposed to be refunded, unless approved by a majority vote of the qualified voters of the city voting at an election called for such purpose, except as authorized by state law. (c) No bonds shall be issued drawing more than the maximum rate of interest per annum authorized by state law. (d) The Bond and Warrant Law of 1931, as amended, shall govern the contracts of the city and revenue bonds, certificates of obligation, notes or warrants issued by it. The city council shall have the power and authority to issue bonds in accordance with the general and special laws of the State of Texas, in effect from time to time and as applicable to the City. SECTION 16. Adoption of Proposition No. 10 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 3, as follows: Sec. 3. - Ordinance granting franchise or lease of city property with term exceeding 5 years. {a} Every ordinance granting, renewing, extending or amending or expanding a franchise or a lease of city property of the city with a term exceeding 5 years shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the 10 prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending eK amending or expanding a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state law, Section 282.003, Texas Government Codc, Section 311.073, Texas Transportation Code, as amended now or in the future. authorizing the execution of a I ase having a term of five y ars or less may be finally passed and may be passed without necessity of two r adings. Section 17. Adoption of Proposition No. 11 would repeal City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES, AND LEASES, Section 11, regarding water supply contracts which currently reads as follows: Sec. 11. Water supply contracts for sale of untreated water. Notwithstanding any other provision of this Charter, the city may by ordinance, without voter approval, contract to provide untr atcd water for a definite period of time or in perpetuity. Every such contract shall contain a provision that thc rate to be paid for thc water furnished under such contract shall be the published rate at the time of taking or a provision that the rate shall be thc average cost of water to thc city for each respective y ar of thc contract as determined by the city. The city's obligations under any such contract shall be construed to entitle the purchaser to only that portion of the city supply equal to the ratio which the population of thc ar a purchasing water bears to thc total population of the ar a supplied through thc city water system. SECTION 18. Adoption of Proposition No. 12 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 1, as follows: Sec. 1. - General powers. (a) The city shall have and may exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers presently enumerated in Article 1175, Texas Civil Statutes, and formerly enumerated in Article 1175, which have been codified in other provisions of Texas statutes and codes, and which may be added thereto at any time in the future, governmental functions contained in Texas Civil Practices & Remedies Code, Section 101.0215(a), as amended, including the power to establish fees for said functions, and the 11 following powers, to the fullest extent it deems necessary, desirable, or convenient, except as clearly prohibited or limited by state law or this Charter: (1) (2) (3) To use a corporate seal. To sue and be sued To sue in any court. To contract. (4) To define and abate nuisances. (5) To levy and collect taxes and fees. (6) To borrow money by issue or sale of bonds, warrants, notes or other method. (7) To appropriate and expend monies. (8) To acquire and own property or any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or any other means whatsoever. (9) To sell, lease or otherwise convey city property, real or personal. (10) To manage and control all city property. (11) To establish, improve and maintain a comprehensive system of streets and public ways and all appurtenances related thereto, and to control and regulate any use thereof; provided, no street or alley may be opened -Or closed except after notice by one publication in a newspaper of general circulation in the city and by mail to the last known address of all owners within four hundred fifty feet therefrom and hearing by the city council. (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chapter '102, Texas Local Government Code, and Chapters 312 and 313, Texas Transportation Code state law, as the same may be amended in the future, or other state law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. (13) To levy and collect assessments and fees against property benefitted by improvements, and fix liens thereto, according to procedures established by ordinance or law. [Remainder of Section 1 left unchanged.] SECTION 19. Adoption of Proposition Amendment No. 13 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS, Section 2, as follows: Sec. 2. - Contracts. (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary; 1provided, however, that as to 12 standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must comply with state law. be competitively bid or proposed or based upon a procurement method authorized by state law. For any contract manager, advertisement of such contracts shall be published in a newspaper of general circulation in the city at least once in each week for two consecutive weeks, inviting competitive bids or proposals. All bids or proposals submitted shall be sealed and delivered in the manner required by the specifications. At the time announced in such notice, the bids or proposals shall be opened in the presence of one or more city employees designated by confidentiality may be provided in accordance with state law. The council shall determine the most advantageous bid or proposal for the city. The city shall always have the right to reject any and all bids or proposals. In the event all bids or proposals are rejected, the city may call for new bids or proposals at its discretion, which shall be advertised in like manner as the original. (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. SECTION 20. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 8, 2016, (which shall be approved and attached hereto as Attachment D and incorporated herein). The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites. SECTION 21. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 22. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 hereof be given full force and effect of its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016 by the following vote: Nelda Martinez Brian Rosas 13 Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 14 day of PROPOSED BALLOT FOR NOVEMBER 8, 2016 ELECTION Rebecca Huerta, City Secretary Miles Risley, City Attorney June 21, 2016 Purpose Review of draft ballot for General and Special elections Obtain Council's direction and guidance on two special election items: Sales & Use Tax Authorization Charter Amendments Timeline —November 8, 2016 Election August 9 — First Reading Ordinance August 16 —Second Reading Ordinance GENERAL ELECTION General Election Election of Mayor and Eight Council Members Candidate Filing Period - July 23 to August 22 Races will be determined after end of filing period SPECIAL ELECTION —[ Proposition 1 —Sales Tax Authorization PROPOSITION 1 GENERAL SALES AND USE TAX For Against The adoption of a local sales and use tax in Corpus Christi at the rate of one and one-eighth of one percent. March 22, 2015 Retreat General Sales & Use Up to $500,000 - Affordable Workforce Housing 45% - Economic Development Projects Remainder - Construction, Repair and Maintenance of Residential Streets Term — 15 years —[ Proposition 1 —Sales Tax Authorization EDC Board —4/14/16 Type B Min. 50% for economic development Up to $500K for affordable housing Balance to arterial and collector streets Term — 20 years Type A Board — 5/16/16 Type B $3M for streets (set amt.) $500K for Affordable Housing (set amt.) Remainder for Economic Development Proposition 2 —Crime Control District PROPOSITION 2 CONTINUATION OF CRIME CONTROL DISTRICT FOR AGAINST Whether the Corpus Christi Crime Control and Prevention District should be continued for ten years and the crime control and prevention district sales tax should be continued for ten years. Propositions 3 —13: CharterAmendments Proposition 3. Establishing a dedicated fund to be used solely for residential street reconstruction and authorizing the City Council to levy, assess and collect a property tax not to exceed Six Cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street reconstruction, said taxes to be maintained in this dedicated fund and used solely for the purpose of residential street reconstruction, including associated utilities work and professional engineering services, and said taxes to be gradually implemented at a rate of not more than Two Cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. Proposition 4. Providing That The Mayor Pro Tem Shall Be The Council Member Elected At Large Who Received The Highest Number Of Votes. Proposition 5. Adjusting Total Annual Compensation For The Mayor To $24,000 And Total Annual Compensation For Each Council Member To $18,000, and Eliminating All Other Forms of Compensation, To Be Effective With The City Council Elected In 2022. Propositions 3 —13: CharterAmendments Proposition 6. Allowing For Procurement Of Contracts For Independent Auditor With Terms Up To Five Years. Proposition 7. Providing For The Appointment Of Two Alternate Members To The Civil Service Board. Proposition 8. Eliminating The Prohibition On City Employees Filing For Nomination Or Election To Municipal Public Office To Comply With Texas Local Government Code Section 150.041. Proposition 9. Providing Authority To Issue Bonds In Accordance With The Laws Of The State Of Texas. Propositions 3 —13: CharterAmendments Proposition 10. Clarifying The Approval Process For Leases, Updating The Statutory Reference, And Eliminating the Waiting Periods for Leases and Lease Amendments Which Do Not Exceed 5 Years. Proposition 11. Repealing An Unnecessary Provision Regarding Untreated Water Supply Contracts. Proposition 12. Updating Legal References In The General Powers Section And Clarify The General Powers. Proposition 13. Clarifying The Procedures Regarding Purchases And Contracts in Conformity with State Law Other Possible Propositions 2 Initiative Petitions "Cite and Release" for Class B Misdemeanors June 24 Transportation Network Companies — July 29 1 Recall Petition — July 8 Council Direction Sales Tax Authorization Type? Term? Allocations? Charter Amendments Which amendments will go on the ballot? Questions? AGENDA MEMORANDUM City Council Meeting of June 21, 2016 DATE: June 9, 2014 TO: Margie C. Rose, Acting City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Briefing on the final report and recommendations of the Nueces County Truancy Committee STAFF PRESENTER(S): Name Title/Position 1. Tom Tagliabue Director (Attending, but not presenting) 2. The Honorable Gail Loeb Presiding Judge Municipal Court 3. The Honorable Irina Rogoff-Klein Judge Municipal Court 4. Terry Teri Acting Director Municipal Court Department IGR OUTSIDE PRESENTER(S): Name 1. John Milam Title/Position Deputy Director, Special Programs Organization Nueces County Juvenile Dept. BACKGROUND: Authority to create the Nueces County Truancy Committee (committee) was granted in 2015 by House Bill 2398, under Section 25.0916, Texas Education Code. HB 2398 and Senate Bill 107, de -criminalized truancy and establishes preventative measures to keep students in school and out of the courts and juvenile justice system. The committee, consisting of 19 appointed community and education leaders from the Nueces County and Corpus Christi community, appointed by the County Judge and Mayor. The committee first convened on December 10, 2015 and met monthly through April 25, 2016 to create recommendations on developing uniform truant conduct policy for public and charter schools in Nueces County. The non-binding, voluntary recommendations are legislatively required to cover six goals: (1) (2) (3) a uniform process for filing truancy cases with truancy courts uniform administrative procedures; uniform deadlines for processing truancy cases; (4) a local plan with strategies to address truancy, including effective prevention, intervention, and diversion methods to reduce truancy and referrals to a truancy; (5) a system for tracking truancy information and sharing truancy information among school districts, open -enrollment charter schools, truancy courts, juvenile courts, and juvenile probation departments in the county; and (6) any changes to statutes or state agency rules the committee determines are necessary to address truancy. LIST OF SUPPORTING DOCUMENTS: PRESENTATION Nueces County Truancy Committee 062116 Final Report of Nueces County Truancy Committee Recommendations Nueces County Truancy Committee Recommendation Report May 10, 2016 The Nueces County Truancy Committee was created by state legislation in 2015 under Texas Education Code 25.0916. The committee, consisting of 19 appointed community and education leaders from the community, first convened on December 10, 2015 and met monthly through April 25, 2016 to create recommendations on developing uniform truant conduct policy in Nueces County, Texas. These non-binding recommendations are legislatively required to cover six goals in the development of uniform truant conduct policy affecting the procedures, protocol and function of truancy related personnel, courts and other truant conduct professionals in Nueces County, Texas. These recommendations by the Nueces County Truancy Committee are now being forwarded to the Honorable offices of the Nueces County Judge and Corpus Christi Mayor for their review and consideration. The Nueces County Truancy Committee's recommendations are as follows: A) A uniform process for filing truancy cases with truancy courts: 1. The referring Independent School District (ISD) or open enrollment Charter School shall forward a petition (that has been approved by the Nueces County District Attorney's Office) to the truancy court. The petition shall contain all information and details as required by Texas Family Code, Chapter 65. It shall also be submitted in a timely manner, meeting all new truancy definitions, deadlines and protocol as statutorily required through Section 25 of the Texas Education Code, Chapter 65 of the Texas Family Code and Article 45.0541 of the Texas Code of Criminal Procedures; 2. The committee strongly recommends that the number of truancy courts in Nueces County be reduced to no more than two courts. This will streamline the truancy court process and reduce the number of court personnel the truant conduct prosecutor, attendance clerks, truant officers and others will have to coordinate with; B) Uniform administrative procedures: 1. The committee recommends that the truancy court(s) become uniform in the type of programming and sanctions that are administered and governed through the truant conduct court 2. The committee also recommends that Nueces County truancy court(s), Nueces County ISDs and open enrollment charter schools develop a Memorandum of Understanding (MOU) with the Corpus Christi Juvenile Assessment Center to utilize their case management services; 3. The committee recommends that any MOU involving case management services include the requirement that all case managers have an acceptable level of education and/or work experience in the field of criminal justice, social work, sociology or counseling; 4. It is also recommended that any case managers used include at least one who is a Licensed Professional Counselor (LPC); 5. The committee additionally recommends that any case management service utilized be governed by approved Standard Operating Procedures that outline a minimum or acceptable level of standards for education and experience of case managers and specific standards on the level of care and work to be performed by such staff; 6. If such an MOU is created and agreed upon, the Corpus Christi Assessment Center case managers will coordinate their available counseling and resources with the Truant Conduct Court(s) case manager(s). The Truant Court case manager(s) will assess available programming and resources to provide a written report of sound recommendations for the Truant Court's review and consideration. C) Uniform deadlines for processing truancy cases: 1. The committee recommends that ISDs and open enrollment charter schools file on ALL applicable days or parts of days unexcused absences that apply to the student in the previous six months; D) A local plan with strategies to address truancy, including effective prevention, intervention, and diversion methods to reduce truancy and referrals to truancy court: 1. The committee recommends that ISDs and open enrollment charter schools continue to attempt at least three distinct and separate truancy prevention measures before filing a truancy petition request with a truancy court. It is highly recommended that one of the intervention measures to be considered by ISDs and open enrollment charter schools be an "A" letter meeting where truancy court personnel and/or school administrators meet with at -risk student(s) and their parent(s) to educate them on truancy law and the consequences of continued unexcused absences; 2. The committee also recommends and encourages ISDs and open enrollment charter schools to seek truancy prevention measures that are evidenced based, if at all possible; E) A system for tracking truancy information and sharing truancy information among school districts, open enrollment chart schools, truancy courts, juvenile courts, and juvenile probation departments in the county: 1. The committee recommends that the city and county collaborate to create a working Memorandum of Understanding (MOU) with truancy related courts, schools and other invested parties that will allow for the accurate tracking and sharing of truancy information and data; 2. It is also recommended that this MOU be reviewed annually and updated as necessary to remain current to any law, policy or technological changes that may occur over time; 3. The committee recommends that, since truancy court responsibility currently falls under the jurisdiction of Justice of the Peace courts, that a designated Justice of the Peace court or other designated Nueces County agency be responsible in collecting local truancy data, oversee and monitor any information sharing Memorandum of Understanding (MOU) and disseminate such data to invested, interested and designated truancy conduct personnel, professionals and/or agencies who work with at -risk truant conduct individuals; F) Any changes to statutes or state agency rules the committee determines are necessary to address truancy: 1. The committee recommends that the City and County create a committee or board that would be entrusted to meet annually to review the effectiveness of any and all local truancy procedures, protocol and practices. Such a board or committee could then make further recommendations based on any unforeseen future legal, procedural or technological changes that could affect truant conduct court proceedings and/or best business practices when working with at -risk truant conduct behavior in Nueces County, Texas; 2. It is also recommended that this future committee or board create a manual of clear written guidelines on the truancy process and procedures of Nueces County that could be accessed and utilized by truancy court personnel, school administrators and other truant conduct professionals; 3. The current committee also suggests the creation of a directory of local truant conduct personnel business numbers and addresses in the city and county that can be used to network with other truant conduct professionals; 4. The committee recommends that a future committee or board also establish regular and continuing training for local truant conduct professionals, truant court guidelines and employ updated legal or procedural changes in the administrative, legal and judiciary process of truant conduct in Nueces County, Texas; 5. Any future committee will need to discuss the cost of these truancy procedures, changes and transition. It will need to determine if local ISDs and Charter Schools will contribute to fund case management services in Truancy Courts and if collected parental fines will be returned to Truancy Courts for case management services and truancy prevention programming and services; and 6. Nueces County will have to address the recognized need for increased staffing in its Truant Court(s) for effective and meaningful case management services. Currently, Nueces County funds only one case manager for its truancy courts. This committee strongly believes that Nueces County needs to employ at least two case managers in order to be effective in combating truancy within its jurisdictional boundaries. Respectfully Submitted, Homer Flores Chairman, Nueces County Truancy Committee Nueces County Truancy Committee Recommendations Council Presentation June 21, 2016 Created by State Law House Bill 2398 and Senate Bill 107 • Decriminalizes truancy. Focuses on preventative measures to keep students out of court and the juvenile justice system. • Required County Judge and Mayor to appoint committee by Jan 1, 2016. • Requires a report to be issued before December 31, 2017, on the implementation of the recommendations and compliance with state truancy laws by a school district located in the county. • Recommendations are voluntary on ISDs, county and city. Committee Members Homer Flores, Chairman Nueces County Juvenile Department Dr. Arturo Almendarez, Superintendent Calalien Independent School District Dr. D. Scott Elliff Retired Superintendent Dr. Maria Luisa Garza, Superintendent Gulf Coast Council of La Raza Judge Antonio B. Gonzales City of Robstown Municipal Court Joe A. Gonzalez Nueces County Commissioner, Precinct 2 Dr. Roland Hernandez, Superintendent Corpus Christi Independent School District Tyner Little Nueces County Government Affairs Judge Gail Loeb, Chief Administrative Judge City of Corpus Christi Municipal Court Annabelle Mendiola, Assistant Principal School of Science and Technology Judge Thelma Rodriguez Nueces County Justice of the Peace, Pct. 2, Place 2 Deborah Rudder Nueces County District Attorney's Office Judge Irina Rogoff- Klein City of Corpus Christi Municipal Court Mark Skurka Nueces County District Attorney Tom Tagliabue, Director City of Corpus Christi Intergovernmental Relations Terry Teri, Assistant Director City of Corpus Christi Municipal Court Gilbert Ymbert, Truant Officer Roy Miller High School Angela DeLuca City of Corpus Christi City Attorney's Office Six Goals (1) a uniform process for filing truancy cases with truancy courts (2) uniform administrative procedures; (3) uniform deadlines for processing truancy cases; (4) a local plan with strategies to address truancy, including effective prevention, intervention, and diversion methods to reduce truancy and referrals to a truancy; (5) a system for tracking truancy information and sharing truancy information among school districts, open -enrollment charter schools, truancy courts, juvenile courts, and juvenile probation departments in the county; and (6) any changes to statutes or state agency rules the committee determines are necessary to address truancy. Recommendations Goal 1. Create a uniform process for filing truancy cases with courts: (1) The referring Independent School District (ISD) or open enrollment Charter School shall forward a petition (that has been approved by the Nueces County District Attorney's Office) to the truancy court. The petition shall contain all information and details in a timely manner, meeting all new truancy definitions, deadlines and protocols; (2) The number of truancy courts in Nueces County be reduced to no more than two courts to streamline the truancy court process and reduce the number of court personnel the truant conduct prosecutor, attendance clerks, truant officers and others will have to coordinate with; Recommendations Goal 2. Uniform administrative procedures: (1) The truancy court(s) be uniform in the type of programming and sanctions administered and governed through the court; (2) County truancy court(s), ISDs and open enrollment charter schools develop a Memorandum of Understanding with the City's Juvenile Assessment Center to utilize case management services; (3) Any MOU involving case management services should require all case managers have an acceptable level of education and/or work experience in the field of criminal justice, social work, sociology or counseling; Recommendations Goal 2 (continued). Uniform administrative procedures: (4) Any case managers should include at least one Licensed Professional Counselor; (5) Any case management service be governed by approved Standard Operating Procedures outlining a minimum or acceptable level of standards for education and experience of case managers and specific standards on the level of care and work to be performed; Recommendations Goal 2 (continued). Uniform administrative procedures: (6) If an MOU is developed, the City's Juvenile Assessment Center case managers will coordinate available counseling and resources with the Truant Conduct Court case managers. The Truant Court case managers will assess available programming and resources and provide a written report of recommendations for the Court's review and consideration. Goal 3. Uniform deadlines for processing truancy cases: (1) All ISDs and open enrollment charter schools file on ALL applicable days or parts of days unexcused absences that apply to the student in the previous six months. Recommendations Goal 4. Create a local plan with strategies to address truancy, including effective prevention, intervention, and diversion methods to reduce truancy and referrals to truancy court: (1) ISDs and open enrollment charter schools attempt at least three distinct and separate truancy prevention measures before filing a truancy petition request with a court. Recommend an "A" letter meeting where truancy court personnel and/or school administrators meet with at -risk student(s) and their parent(s) to review the law and its consequences; (2) Encourages ISDs and open enrollment charter schools to seek evidenced -based truancy prevention measures. Recommendations Goal 5. Implement a system to track and share truancy information among ISDs, open enrollment charter schools, truancy courts, juvenile courts, and county juvenile probation departments: (1) The city and county collaborate to create a Memorandum of Understanding with truancy -related courts, schools and other parties to allow for accurate tracking and sharing of truancy information and data; (2) Review the MOU annually and update as necessary to remain current to any law, policy or technological changes that may occur; (3) Designated Justice of the Peace court or other designated Nueces County agency be responsible in collecting local truancy data, oversee and monitor any information sharing and disseminate such data to invested, interested and designated truancy conduct personnel, professionals and/or agencies who work with at -risk truant conduct individuals; 10 Recommendations Goal 6. Any changes to statutes or state agency rules the committee determines are necessary to address truancy: (1) Create a committee or board to meet annually to review the effectiveness of truancy procedures, protocol and practices and make further recommendations based on any unforeseen future legal, procedural or technological changes that could affect truant conduct court proceedings and/or best business practices; (2) Create a manual of clear written guidelines on the truancy process and procedures of Nueces County that could be accessed and utilized by truancy court personnel, school administrators and other truant conduct professionals; Recommendations Goal 6 (continued). Any changes to statutes or state agency rules the committee determines are necessary to address truancy: (3) Create a directory of local truant conduct personnel business numbers and addresses in the city and county that can be used to network with other truant conduct professionals; (4) The committee recommends that a future committee or board also establish regular and continuing training for local truant conduct professionals, truant court guidelines and employ updated legal or procedural changes in the administrative, legal and judiciary process of truant conduct in Nueces County, Texas; 12 Recommendations Goal 6 (continued). Any changes to statutes or state agency rules the committee determines are necessary to address truancy: (5) Discuss the cost of truancy procedures, changes and transition. Determine if ISDs and charter schools will contribute to case management services in Truancy Courts and, if collected, parental fines will be returned to Courts for case management services and truancy prevention programming and services; and (6) Nueces County will have to address the recognized need for increased staffing in its Truant Court(s) for effective and meaningful case management services. Committee believes Nueces County needs to employ two case managers (vs. one current) to be effective. 13 Questions? Homer Flores Committee Chair Chief Juvenile Probation Officer, Nueces County Office: (361) 561-6048 John H. Milam Deputy Director of Special Programs Nueces County Juvenile Department 2310 Gollihar Road Corpus Christi, Texas 78415 Office: (361) 561-6067 Work Cell: (361) 960-6546 14 AGENDA MEMORANDUM for the City Council Meeting of June 21, 2016 DATE: TO: Margie C. Rose, Acting City Manager May 15, 2016 FROM: Stacie Talbert Anaya, Interim Director StacieT@cctexas.com 361-826-3464 UPDATE TO CITY COUNCIL Beach Resources Presentation STAFF PRESENTER(S): Name Title/Position 1. Stacie Talbert Anaya Interim Director 2. 3. OUTSIDE PRESENTER(S): Department Parks & Recreation Name Title/Position Organization 1. 2. 3. BACKGROUND: During the City Council Retreat in March 2016, City Council members requested a presentation on the resources used to maintain and provide services at the beaches that fall under the responsibility of the Parks & Recreation Department. The Department maintains two bay beaches in the downtown area. McGee Beach, across from McCaughan Park and near the Emerald Beach Hotel, is approximately .3 mile long and is owned directly by the city. Tourist District crews remove trash daily, groom the sand weekly and assist with special event set up and tear down. North Beach is approximately 1 mile long running from the USS Lexington to the north finger jetty. Tourist District crews remove trash daily and service the three restroom facilities adjacent to the beach. Prior to 2016, funding for these activities was limited to the General Fund and totaled approximately $120,000. The Department is also responsible for 7.9 miles of Gulf Beach on Mustang/Upper Padre Island. Operational activities include maintenance of the beach profile and driving lanes, trash/debris removal, servicing the restrooms at Windward Park, selling beach parking permits, lifeguarding and patrolling Packery Channel. Prior to 2016, funding for these activities was limited to the Local Hotel Occupancy Tax (HOT) Fund, revenues from Beach Parking Permit sales and General Land Office (GLO) reimbursements. During the 2015 State of Texas Legislative Session, legislation was approved to direct 2% of the State's portion of hotel occupancy tax (HOT) revenues collected in Corpus Christi to be allocated to the City to assist with Gulf and Bay Beach operations and shoreline protection projects. Figures provided by the Texas Comptroller's Office estimated $2.9 - $3.0 million in annual revenues to be shared with the City of Corpus Christi. While lobbying for the bill, staff presented a spending plan that designated approximately one- third of designated revenues for operational activities such as maintenance and safety/enforcement annually. Testimony and documentation provided to lawmakers indicated approximately two-thirds of the annual revenue would be placed in reserve for future projects to renourish beaches or stabilize shorelines along the gulf and bay coasts. During the September 9th City Council Meeting Councilwoman McIntyre requested staff draft a financial policy to ensure the revenue from State Hotel Occupancy Tax Revenues does not supplant current funding streams for beach operation and maintenance functions. City Council approved a fiscal policy regarding this fund on March 22, 2016: A State Hotel Occupancy Tax Fund was created for the Fiscal Year 2015-16 Budget as a result of House Bill 1915. The expenditures in this Fund shall not be used to offset the current expenditures in the Local Hotel Occupancy Tax Fund for Gulf Beach maintenance. The expenditures budgeted for Gulf Beach maintenance in the Local Hotel Occupancy Tax Fund shall not fall below the lesser of $1,825,088 or 15% of Hotel Occupancy Tax revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach maintenance in the State Hotel Occupancy Tax Fund. Staff worked with the Watershore and Beach Advisory Committee (WBAC) to finalize the work plan for the new source of funds. The plan includes approximately $510,000 for expanded gulf beach maintenance, lifeguarding and enforcement; approximately $480,000 for expanded bayfront and bay beach maintenance and enforcement, and reinstituting the lifeguarding program at McGee Beach. In addition, the WBAC reviewed the initial list of renourishment and shoreline protection projects in future years: gulf and bay beach nourishment, shoreline protection measures along the downtown bayfront and parks that front the bay. WBAC formally approved the plan on January 7, 2016. The plan was also shared with the Island Strategic Action Committee the same month. City council approved the spending plan on April 12, 2016. Below is a table denoting the total resources available for each beach: Beac Miles Expenses McGee .3 $ 236,020 Revenues Cost/mile Net Cost/mile $0 $786,733 $786,733 North 1 $ 370,951 $0 $370,915 $370,915 Gulf 7.9 $ 3,255,069 $918,781 $412,034 $295,733 Total/Avg 9.2 $3,862,040 $918,781 $419,787 $319,919 Below is a table demonstrating the distribution of employees by function at each beach Beach McGee North Gulf .3 Maintenance 2 — FT* Lifeguarding Administration or Patrol or Permits 1 — FT* 5 -PT 0 Total 3—FT 5 - PT 1 6—FT 1—FT 0 7 -FT 7.9 11 — FT 3 — PT LIST OF SUPPORTING DOCUMENTS: Power Point Presentation Beach Location Maps 6—FT 27 - PT 3—FT 10 - PT 20 — FT 40 - PT CORPUS CHRISTI PARKS& RLCRLA 1 ION Beach Operation and Maintenance Funding Update to City Council Council Presentation June 21, 2016 Bay Beaches • McGee Beach (.3 mile) City -owned • North Beach (1 mile) General Land Office Lease • Both maintained by the Tourist District Team • Patrolled by Park Enforcement Officers • Lifeguards at McGee Beach • Funding sources - General Fund; State HOT fund Gulf Beach fka, • USACE Beach Maintenance Permit Adaptive Beach Maintenance Plan • Beach parking permits Manage program for region • Patrolled by Beach Enforcement officers • Lifeguards and Packery Channel Patrol • Funding Sources • General Fund • Local and State HOT • TIF Fund, GLO reimbursements Expenditures per Beach McGee North Gulf Total/Avg Miles 1 FTEs FT PT 3 5 $ 236,020 7 0 $ 370,951 $0 $0 $786,733 $370,915 7.9 20 40 $ 3,255,069 $918,781 $412,034 9.2 30 45 $3,862,040 $918,781 $419,787 $786,733 $370,915 $295,733 $319,919 Corpus Christi Gulf Beach CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Mustang Wand State Park B) VICINITY MAP NOT TO SCALE Project Location Project Number: Exxxxx Corpus Christi Gulf Beach CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY COUNCIL EXHIBIT Corpus Christi McGee Beach CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES '...,.vv Project Location VICINITY MAP NOT TO SCALE Project Number: Exxxxx Corpus Christi McGee Beach CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Christi North Beach CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ',..,.V....a/.