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HomeMy WebLinkAboutAgenda Packet City Council - 10/18/2016 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday, October 18,2016 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 ingl6s es limitado, habra un interprete ingl6s-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 Mark Patterson, River of Life. C. Pledge of Allegiance to the Flag of the United States to be led by Terry Teri, Assistant Director of Municipal Court. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1220 Proclamation declaring October 17-21, 2016, "Texas Chamber of Commerce Week". Proclamation declaring October 24-28, 2016, "Red Ribbon Week". 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. Corpus Christi Page 1 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 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. 16-1234 Regular Meeting of October 11, 2016. Attachments: Minutes-October 11, 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 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. 16-1114 Master Services Agreement for Subsurface Utility Engineering services (Requires 2/3 vote) Corpus Christi Page 2 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Motion authorizing the City Manager, or designee, to execute a master service agreement with Cobb, Fendley & Associates, Inc. of San Antonio, Texas in the amount of$200,000 for Subsurface Utility Engineering Services for a base year plus two (2) one-year options. Attachments: Agenda Memo-SUE Services Project Budget-SUE Services with formulas Location Map-SUE Services Master Service Agreement-SUE Services Presentation -SUE Services Form 1295-Cobb Fendley 4. 16-1128 Engineering Design Contract for Downtown Road and Streetscape Improvements (BOND 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$115,067 for the Downtown Road and Streetscape Improvements. (BOND 2014 Proposition 2). Attachments: Agenda Memo Downtown Road and Streetscape Impr Project Budget Downtown Road and Streetscape Impr Location Map Downtown Road and Streetscape Improvements contract for engineering design Presentation Downtown Road and Streetscape Form 1295 Freese 5. 16-1156 Engineering Design Contract for the Downtown Street Traffic Signal and Area Improvements (BOND 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$334,275 for the Downtown Street Traffic Signal and Area Improvements. (BOND 2014 Proposition 2). Attachments: Agenda Memo Downtown Street Traffic Signal and Area Improvements Project Budget Downtown Street Traffic Signals Location Map Downtown Traffic Signal and Improvements Contract for Engineering Design Presentation Downtown Street Traffic Form 1295 Freese 6. 16-1161 Construction Contract for Alameda Street from Lipan to Kinney (BOND 2014, Proposition 1) (Requires 2/3 vote) Corpus Christi Page 3 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD of Corpus Christi, Texas in the amount of$1,862,252.50 for Alameda Street from Lipan to Kinney for the total base bid. (BOND 2014, Proposition 1). Attachments: Agenda Memo-Alameda BOND 2014 Prosect Budget -Alameda Street BOND 2014 Location Map-Alameda Street Form 1295 Bay Presentation -Alameda Street BOND 2014 7. 16-1158 Resolution supporting the Cole and Ropes Park (CARP) Implementation Plan (Requires 2/3 vote) Resolution by the City Council of the City of Corpus Christi supporting the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. Attachments: Agenda Memo- Resolution CARP Resolution -Resolution CARP Letters of Support- Resolution CARP CARP I Plan 8 11 2016.pdf 8. 16-1148 Resolution for Approval of a Developer Participation Agreement to reimburse developer for the City's cost to extend Lipes Boulevard (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute a developer participation agreement with Staples Development, LLC., ("Developer"), to reimburse the Developer up to $143,661.75 for the City's share of the cost to extend Lipes Boulevard, in accordance with the Unified Development Code. Attachments: Agenda Memo- Manhattan Estates Unit 7 Presentation Manhattan Estates Unit 7 Resolution and Signed Agreement-Manhattan Unit 7 9. 16-1160 Second Reading Ordinance - Street Closure of Harney Road, located between Violet Road and Callicoate Road,just north of IH 37 (1st Reading 10/11/16) (Requires 2/3 vote) Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60-foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Corpus Christi Page 4 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Michael & Kerry Berry to comply with specified conditions; and providing an effective date. Attachments: Agenda Memo- Harney Road Street Closure Ordinance and Exhibits Aerial maps- Harney Road Street Closure 10. 16-1129 Second Reading Ordinance -Accepting and appropriating State grant amendment for tuberculosis prevention and control services (1st Reading 10/11/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant in the amount of$61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Attachments: Agenda Memo-TB State Grant 9-1-2016 to 9-1-2017 (Rev. 9-22-2016) Odinance -Amending TB PC STATE FY16 grant Grant Contract- DCPS FY17 TB-State Grant Contract No. 2016-001398-01 (Arr 11. 16-1155 Second Reading Ordinance -Accepting and appropriating State grant amendment for Immunization program within the Health Department (1st Reading 10/11/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of $241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Attachments: Agenda Memo- Immunizations Grant 9-1-2016 to 9-1-2017(a�9-15-2016 Ordinance - (IMM Grant)9-1-2016 to 9-1-2017 Contract -IMM Grant 2016-000014-01 (Amend. No. 04)9-1-2016 to 9-1-2017 12. 16-1159 Second Reading Ordinance -Appropriating Federal grant funds and executing construction contract for Corpus Christi Corpus Christi Page 5 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 International Airport (CCIA) Airport Operations Area Perimeter Fence Replacement (1st Reading 10/11/16) (Requires 2/3 vote) Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054-2016 in the No. 3020 Airport Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of$6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus Additive Alternates one through four. Attachments: Agenda Memo -CCIA Runway Airport Operations Perimeter Fence Replaceme Ordinance -CCIA Air Operations Area Perimeter Fence Replacement.docx Project Budget -CCIA Airport Perimeter Fencing.xls Location Map-CCIA Airport Operations Area Perimeter Fencing.pdf Presentation -CCIA Airport Operations Perimeter Fencing.pptx Form 1295-BEECROFT- E15221 Airport Operations Perimeter Fence ReplacE FAA Grant Offer 9.14.2016.pdf 13. 16-1175 Second Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of arterial grid main water line located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road (1st Reading 10/11/16) (Requires 2/3 vote) Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $44,147.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo-ORD JCL Properties-Lewis &Cook, Block 1, Lot 1 vFinal Odinance Properties-Lewis&Cook, Block 1, Lot 1 vFinal Aerial Maps-ORD JCL Properties-Lewis&Cook, Block 1, Lot 1 vFinal 14. 16-1096 Second Reading Ordinance - Type A Grant for Sitel, Inc. located at 330 Opportunity Drive (1st Reading 10/11/16) (Requires 2/3 vote) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Site], Inc ("Site]") to provide a grant of up to $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type Corpus Christi Page 6 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 A Corporation regarding implementation and administration of the Site] Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. Attachments: Agenda Memo-Sitel Ordinance -Sitel Agreement-Sitel Business Service Agreement-Sitel L. EXECUTIVE SESSION: (NONE) 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. M. PUBLIC HEARINGS: (ITEM 15) 15. 16-1180 Public Hearing and First Reading Ordinance -Amending the Urban Transportation Plan map by removing the proposed extension of Mustang Trail between McArdle and SPID (Requires 2/3 vote) Ordinance amending the Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by eliminating the proposed extension of Mustang Trail Drive between McArdle Drive and SPID (SH 358); amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo (CC) UTP Delete Mustang Trail Ordinance Transp Plan Amdmt Mustang Trail Presentation - UTP AMENDMENT MUSTANG TRAIL N. REGULAR AGENDA: (ITEMS 16 - 18) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 16. 16-1173 Second Reading Ordinance - Rezoning property located at 600 Elizabeth Street(1st Reading 10/11/16) (Requires 2/3 vote) Corpus Christi Page 7 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Case No. 0816-02 Christus Spohn Health System Corporation: A change of zoning from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District. The property is described as being a 22.46-acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. Planning Commission and Staff Recommendation (August 24, 2016): Denial of the change of zoning from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10-foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46-acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10-foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 8 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Attachments: Agenda Memo-0816-02 Christus Spohn Health System SP Ordinance CI Ordinance Aerial Maps-Christus Spohn Health System Zoning Report-0816-02 Christus Spohn Heath System Revised 17. 16-1113 Second Reading Ordinance - Lease Agreement for Regional Youth Sports Complex (28 Day Delay Required) (1st Reading 9/20/16) (Requires 2/3 vote) Ordinance authorizing the City Manager to execute forty-year lease agreement with SQH Sports & Entertainment, Inc. for lease of approximately 68 acres located near intersection of State Highway 286 and FM 43 for construction and operation of a regional youth sports complex, including right of first refusal on adjacent 30 acre tract; and providing for publication. Attachments: Agenda Memo- RYSC Ordinance - RYSC Proposed Layout of RYSC RYSC Presentation 2 SQH Lease Agreement 18. 16-0971 Second Reading Ordinance - Disannexation of CITGO Owned Property and Creation of new Industrial District Agreement (1st Reading 9/20/16) (Requires 2/3 vote) Ordinance disannexing from the City of Corpus Christi, Texas, an approximately 54.35-acre tract of land and an approximately 3.89-acre tract of land, both owned by CITGO Refining and Chemicals Company, L.P., and located in Nueces County; adjusting the City boundaries; amending Ordinance No. 029958 by adjusting the boundary of the City's Industrial District No. 1 to include the disannexed tracts; authorizing the City Manager, or designee, to execute an industrial district agreement with CITGO Refining and Chemicals Company, L.P., requiring the payment in lieu of taxes in an amount equal to 100 percent of the ad valorem taxes that would be due if the tracts were in city limits, and to file the industrial district agreement in the official records of Nueces County; providing for publication; and providing for severance. Corpus Christi Page 9 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Attachments: Agenda Memo-CITGO Disannexation IDA 6B Ordinance -CITGO -IDA 6B Presentation -Citgo Disannexation 101816 Industrial District Agreement 6B-CITGO Attachment showing Tract A Attachment Showing Tract B Attachment showing boundary of ID1 Form 1295 Citgo O. FIRST READING ORDINANCES: (ITEM 19) 19. 16-1176 First Reading Ordinance - Lease Agreement for 2017 Fiesta de la Flor event(Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2017 Fiesta de la Flor event and related activities to be held on March 24, 2017 and March 25, 2017, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. Attachments: Agenda Memo- Fiesta de la Flor 2017 Ordinance - Fiesta de la Flor 2017 Lease Agreement-Fiesta de la Flor 2017 P. FUTURE AGENDA ITEMS: (ITEMS 20 - 27) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 20. 16-1208 Service Agreement for Uniformed Security Guard Services (Requires 2/3 vote) Motion approving a service agreement for uniformed security guard services with BasE Security and Fire Consultants, LLC, of Rosenberg, Texas, in accordance with request for proposal No. 152, based on best value, for a total estimated expenditure of$586,828.75, of which $537,926.35 will be funded in FY2016-2017. The term of the agreement shall be for one year with options to extend for up to two additional one year periods, subject to the approval of the contractor and the City Manager or designee. Attachments: Agenda Memo- Uniformed Security Guard Service Service Agreement- Uniformed Security Guard Service Form 1295-Uniformed Security Guard Service Presentation - Uniformed Security Guard Services Corpus Christi Page 10 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 21. 16-1190 Purchase of playground equipment and installation at Manuel Q. Salinas Park (Requires 2/3 vote) Motion approving the purchase of playground equipment and installation for a play for all playground being developed at Manuel Q. Salinas Park from Exerplay, Inc., of Cedar Crest, New Mexico for a total amount not to exceed $299,537.81. The award is based on the evaluation of multiple proposals reviewed for phase 1 of this project. Funding for this playground is from the Community Development Block Grant B-15-MC-48-0502 for program year 2015-2016. Attachments: Agenda Memo- Playground Equip and Install at Salinas Park 2 Service Agreement- Playground Equip and Install at Salinas Park.pdf Form 1295-Playground Equipment and Install at Salinas Park.pdf Presentation - Manuel Q Salinas 22. 16-1199 Infor Software Subscription Agreement for the City's Enterprise Software Solution (Requires 2/3 vote) Motion authorizing the City Manager or designee to approve the execution of a Software Subscription agreement with Infor, Inc. for five years for a total expenditure of$3,775,000 with annual payments of $755,000. Funds are available in the Information Technology Department FY2016-2017 budget. Attachments: Agenda Memo- Infor SaaS-2016 9 27 Agreement- Infor Subscription License and Services Infor SaaS Order Form Total Cost of Ownership Analysis Infor 1295 23. 16-1184 Master Services Agreement for Packery Channel Monitoring (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a five year Master Services Agreement between the City of Corpus Christi and Texas A & M University - Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $2,000,000 with approval of Task Order No. 1 in the amount of$257,745 for Fiscal Year 2016-2017 monitoring. (Year 1) Attachments: Agenda Memo- Packery Channel Monitoring 16-17.docx Budget-Packery Channel Monitoring 16-17.xlsx Location map -Packery Channel.pdf Contract-TAMUCC Packery Channel Monitoring 16-17 Presentation - Packery Channel 24. 16-1198 Engineering Design Contract for Padre Island Water and Gas Corpus Christi Page 11 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Pipeline Extension Phase 3 (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute an engineering design contract with Urban Engineering of Corpus Christi, Texas in the amount of$197,833 for the Padre Island Water and Gas Pipeline Extension Phase 3 for design, bid and construction phase services. Attachments: Agenda Memo- PI Pipeline Ext.docx Project Budget- PI Pipeline Ext.xls Location Map- PI Pipeline Ext.pdf Contract- PI Pipeline Ext Presentation - PI Pipeline Ext.pptx Form 1295-PI Pipeline Ext 25. 16-1200 Construction Contract for Commodores Drive at Park Road 22 Left Turn Lane Improvements (Bond 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of$245,069 for the total base bid for Commodores Drive at Park Road 22 Left Turn Improvements project. (Bond 2014 Proposition 2 - Traffic Signals and Lighting Improvements City-Wide). Attachments: Agenda Memo-Commodores Drive Project Budget-Commodores Location Map Commodores Turn Lane Presentation -Commodores Form 1295 A Ortiz Construction 26. 16-1201 Engineering Services Amendment No. 1 for Chaparral Street Phase 2 Downtown Development Master Plan (Bond 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount not to exceed $657,649 for a restated fee not to exceed $707,544 for the Chaparral Street Phase 2 Downtown Development Master Plan project. (BOND 2014 Proposition 2). Corpus Christi Page 12 Printed on 10/17/2016 City Council Meeting Agenda-Final October 18, 2016 Attachments: Agenda Memo-Chaparral Street Project Budget Chaparral S Location Map Chaparral Street Amendment 1 Form 1295 HDR Presentation -Chaparral Street 27. 16-1183 Service Agreement for Pressure Washing of Trucks for the Solid Waste Department(Requires 2/3 vote) Motion authorizing City Manager, or designee, to execute a service agreement with HERO Pressure Washing, LLC of Corpus Christi, Texas, for pressure washing of trucks services, in accordance with Bid Event No. 130, based on lowest, responsive and responsible bid. The annual agreement will be for$46,010.00, of which $42,175.83 will be funded in FY2016-2017. The term of the agreement is for one year with option to extend for up to four additional one year periods, subject to the approval of the Contractor and the City Manager, or designee. Attachments: Agenda Memo Pressure Washing of Trucks Bid Tabulation - Pressure Washing of Trucks.pdf Service Ageement- Pressure Washing of Trucks Form 1295.pdf Q. BRIEFINGS: (NONE) 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. R. ADJOURNMENT Corpus Christi Page 13 Printed on 10/17/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Tuesday, October 11,2016 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Rick Barrera, Cornerstone Church. Pastor Rick Barrera gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Miles Risley, City Attorney. City Attorney Miles K. Risley led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 8- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio,Council Member Brian Rosas, and Council Member Carolyn Vaughn Absent: 1 - Council Member Mark Scott E. Proclamations /Commendations 1. Proclamation declaring October 19, 2016, "HELP Hits the High Notes Day". Proclamation declaring October 10-14, 2016, "Court Observance Week". Swearing-In Ceremony for newly appointed Board, Commission and Committee members. Corpus Christi Page 1 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Mayor Martinez presented the proclamations and conducted the swearing-in ceremony for newly appointed board and committee members. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez deviated from the agenda and referred to City Manager's Comments. City Manager Margie C. Rose reported on the following topics: a. OTHER 1) The City has been awarded the 2015 Achievement and Excellence in Financial Reporting Award by the Government Finance Officers Association. This is the 33rd consecutive year that the City has received this award in relation to the City's Comprehensive Annual Financial Report(CAFR).2) The dedication ceremony for Mary Rhodes Pipeline, Phase 2 will be held on Friday, October 14, 2016 at 11:00 a.m. at the O.N. Stevens Water Treatment Facility located at 13101 Leopard Street. Construction for Phase 2 was recently completed and will provide Corpus Christi and its water customers with another water source. 3) The Grand Opening of the Schanen Hike and Bike Trail will be held on Saturday, October 15, 2016 at 10:00 a.m. The event will begin at the trail location at Snead Park, 6737 Snead Drive. The trail runs from Yorktown and Saratoga Boulevard and connects Snead, Wells, Cedar Ridge and Breckenridge Parks. H. MINUTES: 2. Regular Meeting of September 27, 2016. Mayor Martinez deviated from the agenda and referred to approval of the minutes.A motion was made by Council Member Rudy Garza,seconded by Council Member Chad Magill to approve the minutes and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 8) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member McIntyre,seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Corpus Christi Page 2 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Abstained: 0 3. Resolution for an Advance Funding Agreement for a Hike and Bike Trail in Dr. Hector P. Garcia Park (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for a Hike and Bike Trail located in Dr. Hector P. Garcia Park near Greenwood Drive and Horne Road with the City's local participation in the amount of$4,620 for reimbursement of direct state costs associated with the project. This Resolution was passed on the Consent Agenda. Enactment No: 030979 4. Resolution for an Advance Funding Agreement for the next section of the Schanen Hike and Bike Trail (Requires 2/3 vote) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for the next section of the Schanen Hike and Bike Trail located along Shea Parkway from Saratoga Boulevard to Killarmet Drive with the City's local participation in the amount of $8,904 for reimbursement of direct state costs associated with the project. This Resolution was passed on the Consent Agenda. Enactment No: 030980 5. Service Agreement for Street Sweeping Services (Requires 2/3 vote) Motion approving a service agreement with Coastal Maintenance Concepts, LLC, of Corpus Christi, TX for Street Sweeping Services in accordance with RFB No. 128, based on the lowest, responsive responsible bid. The annual agreement will be for $466,297.50. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the contractor and the City Manager, or designee. Funding will be budgeted in FY16-17. This Motion was passed on the Consent Agenda. Enactment No: M2016-134 6. Second Reading Ordinance - Street Closure of Flynn Parkway, located at the southwest corner of Flynn Parkway and Holly Road. (1st Reading 9/27/16) (Requires 2/3 vote) Corpus Christi Page 3 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsurfaced 0.173 portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030981 7. Second Reading Ordinance -Accepting and appropriating a grant for Animal Care Operations (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Duffield Family Foundation, dba Maddie's Fund, in the amount of$1,000 to support Animal Care operations; and appropriating the $1,000 in the No. 1061 Police Grants Fund. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030982 8. Second Reading Ordinance -Appropriating funds to reimburse developer for the construction of distribution water main line located on the southeast corner of Old Brownsville Road and South Padre Island Drive (1st Reading 9/27/16) (Requires 2/3 vote) Ordinance authorizing City Manager or designee to execute a distribution main extension and construction and reimbursement agreement ("Agreement") with Peterson Properties, Ltd., ("Developer"), for the construction of a water distribution main line and appropriating $19,159.00 from the No. 4030 Distribution Main Trust Fund to reimburse the Developer in accordance with the Agreement. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030983 FIRST READING ORDINANCES: (ITEM 21) 21. First Reading Ordinance - Type A Grant for Sitel, Inc. Located at 330 Opportunity Drive (Requires 2/3 vote) Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sitel Inc ("Site]") to provide a grant of up to Corpus Christi Page 4 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Sitel Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. Mayor Martinez deviated from the agenda and referred to Item 21. Iain Vasey, Corpus Christi Regional Economic Development Corporation (EDC)stated that the purpose of this item is to approve a Type A business incentive agreement with Sitel Inc. Sitel plans to lease the First Data Building where they will operate their call center. The agreement is for five years with an incentive of up to$500,000. Sitel plans to create 500 full-time jobs with an annual payroll of approximately$10 million. Sitel will give preference to former First Data employees who were previously laid off by the company's closure. Dixie Pepper, Real Estate Attorney for Sitel, thanked the City Council for considerating this item. There were no comments from the public. Council members thanked Sitel for coming to Corpus Christi. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rosas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you 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. Mayor Martinez deviated from the agenda and called for comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the City Council Chambers.Jack Gordy,4118 Bray,spoke regarding the palm trees located on Airline Road. Shery Sells, 5041 Wingfoot spoke regarding the City finding a solution for residents to have their brush collected in trash bins similar to practices in other cities.John Kelley, 3621 Austin, expressed concerns that the proposed regional sports complex location would impact the mission of the Navy. David Owen, 214 Dolphin, stated that developers in the Corpus Christi Page 5 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Chapman Ranch annexed area would profit from the water and wastewater infrastructure to be added to the area at taxpayer expense. Kelly Sells, 5014 Wingfoot,spoke regarding the Corpus Christi Police Department not enforcing handicapped parking violations. Margareta Fratila, 3606 Tripoli, reminded the City Council that if a decision is not made by the City Council within three day regarding the initiative submitted by citizens to repeal Section 53-297 of the City's Code of Ordinances related to the removal of the civil penalty for red light camera violations,she will begin the petition process to have the issue placed on the ballot. City Secretary Huerta clarified that the 45th day from presentment of the initiative to the City Council is Friday, October 14,2016. Lamont Taylor, 1702 Stillman, on behalf of the Citizens Alliance for Fairness and Progress,thanked the City Council for addressing the concerns raised regarding the industrial district agreement with Citgo Refining related to the planned improvements for the subject tracts. Mr. Taylor requested that before the City relinquishes all control over the property,they should extend limitations concerning the potential health and safety impacts to the citizens in that area.Abel Alonzo, 1701 Thames,spoke in support of the Type A incentive agreement with Sitel and encouraged the City Council to recuse themselves from votes, if they receive contributions from individuals that may benefit from an action taken by the City Council. Susie Luna Saldana,4710 Hakel, disagreed with Mr.Alonzo's comments that contributions from individuals obligate Council Members to vote a particular way on issues and spoke in support of the regional sports complex.Johnny French,4417 Carlton, requested that Item 10, an executive session regarding Park Road 22, be withdrawn because it did not meet the requirements of the Open Meetings Act. M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. Public Hearing and First Reading Ordinance - Rezoning property located at 600 Elizabeth Street (Requires 2/3 vote) Case No. 0816-02 Christus Spohn Health System Corporation: A change of zoning from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District. The property is described as being a 22.46-acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. Planning Commission and Staff Recommendation (August 24. 2016): Denial of the change of zoning from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Corpus Christi Page 6 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Special Permit allowing a 10-foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street on Tract 2. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46-acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM-3" Multifamily 3 District, "ON" Office District, "CR-1" Resort Commercial District, "CG-2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10-foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 14. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to simplifying the zoning for the property and reduce the setback requirements to bring the existing buildings into compliance. Mr. McGinn stated that the Planning Commission and staff recommend denial of the "Cl" Intensive Commercial District and, in lieu thereof, approval of the"CR-1/SP" Resort Commercial District with a Special Permit allowing a 10-foot minimum setback on Elizabeth and Ayers Streets on Tract 1 and "CG-2/SP"General Commercial District with a Special Permit allowing a 15-foot setback on Santa Fe Street, a 10-foot minimum setback on Elizabeth Street and Ayers Street, and a zero-foot setback on Third Street for Tract 2. Mayor Martinez opened the public hearing. Gloria Scott,4422 S.Alameda, asked questions regarding the definition of the"Cl" Intensive Commercial District;the impact to businesses in the area; and the notification process. Chip Urban, Urban Engineering and representative for the applicant, clarified that the only property impacted by the rezoning is the Christus Spohn System campus and the applicant did have outreach meetings with the neighborhood. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance,seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 7 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 15. Public Hearing and First Reading Ordinance -Street Closure of Harney Road, located between Violet Road and Callicoate Road, just north of IH 37 (Requires 2/3 vote) Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60-foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. Mayor Martinez referred to Item 15.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to abandon and vacate a portion of approximately 60-foot wide public right-of-way located on Harney Road. Staff recommends that payment of the fair market value of approximately$16,000 be paid by the owner. Mayor Martinez opened the public hearing. Doralee Dlabaja, Senior Officer with the Corpus Christi Police Department, informed the City Council that the area has been prone to multiple drug arrests, illegal dumping, parties, injuries and fire situations and spoke in support of the closure. Michael Berry, 4402 Harney, spoke in support of the closure. Mayor Martinez closed the public hearing. Council members spoke in support of the closure and commended the Police Department for working with citizens. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 L. EXECUTIVE SESSION: (ITEMS 10 - 13) Mayor Martinez referred to the day's executive sessions and announced that, in addition to Items 10-13,the Council would consider Item 20 in executive session. The Council went into executive session at 12:56 p.m. The Council returned from executive session at 3:45 p.m. Corpus Christi Page 8 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 10. 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 possible development agreements or other funding mechanisms related to the construction of Park Road 22. This E-Session Item was discussed in executive session. 11. 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 potential economic development agreement(s) with entities that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and wastewater services and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. 12. Executive Session pursuant to Section 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 TxDOT Harbor Bridge Project and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, related to the TxDOT Harbor Bridge Project. This E-Session Item was discussed in executive session. 13. 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 economic development agreements, industrial district agreements, entities that are signatories to the City's industrial district agreements, annexation, and disannexation, and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. This E-Session Item was discussed in executive session. Corpus Christi Page 9 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 16 -21) 20. First Reading Ordinance -Amending the Fiscal Year 2016-2017 Capital Budget and Capital Improvement Planning Guide for Oso South Area Projects (Requires 2/3 vote) Ordinance amending the Fiscal Year 2017 Capital Budget and Capital Improvement Planning Guide Adopted by Ordinance No. 030936 to add Project No. E16330 Oso South Area Water Line and Project E16330 Oso South Area Wastewater Line; increasing revenues and expenditure in the amount of$8,000,000 for Year 1 and $6,000,000 for Year Two; transferring any remaining funds to be used for comparable utility line projects. This Item was discussed in the executive session above. Mayor Martinez deviated from the agenda and referred to Item 20. Mayor Martinez announced that this Item was withdrawn from consideration by staff. MOTION OF DIRECTION Mayor Martinez made a motion directing the City Manager to revisit this item upon receiving the information that was requested, a study by Chief of Naval Air Training, Rear Admiral Dell Bull, regarding our pilot's flight mission training related to the wind farms,seconded by Council Member Vaughn and passed unanimously. 16. First Reading ordinance -Accepting and appropriating State grant amendment for tuberculosis prevention and control services (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control-State (TB/PC-STATE) grant in the amount of$61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of$12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Mayor Martinez deviated from the agenda and referred to Item 16. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept and appropriate an amendment to a grant contract for tuberculosis prevention in the amount of$123,290 for the amended contract period Corpus Christi Page 10 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 September 1,2016 through August 31, 2017. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 17. First Reading Ordinance -Accepting and appropriating State grant amendment for immunization program within the Health Department(Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch-Locals (IMM/LOCALS) grant in the amount of$241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Mayor Martinez referred to Item 17. Director of Public Health Annette Rodriguez stated that the purpose of this item is to accept and appropriate an amendment to a grant contract for the immunization program in the amount of$241,637 from the Texas Department of State Health Services for the contract period September 1,2016 through August 31, 2017. There were no comments from the Council or the public. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 18. First Reading Ordinance -Appropriating Federal grant funds and executing construction contract for Corpus Christi International Airport (CCIA) Airport Operations Area Perimeter Fence Corpus Christi Page 11 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Replacement (Requires 2/3 vote) Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054-2016 in the No. 3020 Airport Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of$6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus Additive Alternates one through four. Mayor Martinez referred to Item 18. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to appropriate $6,637,856 of proceeds from a Federal Aviation Administration (FAA)Grant and execute a construction contract with B. E. Beecroft Co. Inc.for the Corpus Christi International Airport Operations Area Perimeter Fence Replacement for the Base Bid and Alternates One through Four. Mr. Edwards stated that the projected included: replacement of approximately nine miles of chain-link fence and includes 3-strand barbed wire;eight electronically operated gates; driveways; and other miscellaneous upgrades. There were no comments from the public. Director of Aviation Fred Segundo responded to questions regarding the project's scope. Council members and staff discussed the following topics:the age and condition of the existing fence;the existing fence not being in compliance with current FAA regulations; and the replacement fence improving security, erosion control, creating a wildlife barrier, and public safety's access and response time. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 19. First Reading Ordinance -Approving agreement and appropriating funds to reimburse developer for the construction of arterial grid main water main line located along the south side of Agnes Street(State Highway 44), east of North Clarkwood Road and north of Buckholt Road (Requires 2/3 vote) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and Corpus Christi Page 12 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 appropriating $44,147.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 19.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement with the developer to install approximately 226 linear feet of 12-inch water line. There were no comments from the public. Council members spoke regarding the following topics: an explanation on why staff is recommending the 12-inch water line when the water master plan calls for the construction of a 16-inch water line; and a clerical error in the ordinance. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 22 - 27) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that there were no planned presentations.A council member asked questions on Item 25. 22. Master Services Agreement for Subsurface Utility Engineering services (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a master service agreement with Cobb, Fendley & Associates, Inc. of San Antonio, Texas in the amount of$200,000 for Subsurface Utility Engineering Services for a base year plus two (2) one-year options. This Motion was recommended to the consent agenda. 23. Engineering Design Contract for Downtown Road and Streetscape Improvements (BOND 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$115,067 for the Downtown Road and Streetscape Improvements. (BOND 2014 Proposition 2). This Motion was recommended to the consent agenda. Corpus Christi Page 13 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 24. Engineering Design Contract for the Downtown Street Traffic Signal and Area Improvements (BOND 2014, Proposition 2) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$334,275 for the Downtown Street Traffic Signal and Area Improvements. (BOND 2014 Proposition 2). This Motion was recommended to the consent agenda. 25. Construction Contract for Alameda Street from Lipan to Kinney (BOND 2014, Proposition 1) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD of Corpus Christi, Texas in the amount of$1,862,252.50 for Alameda Street from Lipan to Kinney for the total base bid. (BOND 2014, Proposition 1). This Motion was recommended to the consent agenda. 26. Resolution supporting the Cole and Ropes Park (CARP) Implementation Plan (Requires 2/3 vote) Resolution by the City Council of the City of Corpus Christi supporting the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. This Resolution was recommended to the consent agenda. 27. Resolution for Approval of a Developer Participation Agreement to reimburse developer for the City's cost to extend Lipes Boulevard (Requires 2/3 vote) Resolution authorizing the City Manager or designee to execute a developer participation agreement with Staples Development, LLC., ("Developer"), to reimburse the Developer up to $143,661.75 for the City's share of the cost to extend Lipes Boulevard, in accordance with the Unified Development Code. This Resolution was recommended to the consent agenda. L. EXECUTIVE SESSION: (ITEM 9) Mayor Martinez deviated from the agenda and referred to Item 9. The Council went into executive session at 4:10 p.m. The Council returned from executive Corpus Christi Page 14 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 session at 5:34 p.m. 9. 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 Article II of the Charter of the City of Corpus Christi. Mayor Martinez referred to Item 9 regarding an executive session to consult with attorneys concerning legal issues related to Article II of the Charter of the City of Corpus Christi. Mayor Martinez stated that the City Council is waiting for clarification on one final item from their attorney. As soon as the information is provided in writing, it will be shared with the public. Mayor Martinez said this item is related to the questions raised regarding Mark Scott and the City Charter. Q. BRIEFINGS: (ITEMS 28 -29) 28. Coastal Bend Mitigation Action Plan -Annual Update Mayor Martinez deviated from the agenda and referred to Item 28. Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to provide an annual report on the Hazard Mitigation Action Plan. This plan was adopted with Nueces County and other municipalities in 2006 and is required to be updated every five years. Since the City is part of the Community Rating System (CRS), the City receives credits and is required to update the City's portion every year to maintain its certification. Mr. Dimas provided a history of the mitigation plan; an overview of the mitigation activities;the mitigation action plan project scope; and updates. Mr. Dimas explained that the new plan must now be comprised of jurisdictions within one County instead of multiple counties in a region. The City is working with Nueces County to have a new plan in place and adopted by September 1,2017. Council members spoke regarding the following topics: incorporating the elements of the Emergency Center Operations (EOC)into the mitigation action plan; actions that other communities are taking; sharing information through workshops; emergency response recovery best practices; mitigation activities related to retention/detention ponds;the potential cost and implications related to base flood elevation;the adoption of a new plan with Nueces County by September 1,2017; and the criteria for identifying projects for the capital improvement program(CIP). 29. Preliminary Flood Insurance Rate Map -Appeal Update Mayor Martinez referred to Item 29.Assistant Director of Development Services Julio Dimas stated that the purpose of this item is to provide an update on the appeals received regarding the Preliminary Flood Insurance Rate Maps. Mr. Dimas provided the following information: a brief history of the preliminary flood insurance rate maps;the appeal period was from June 16,2016 and ended September 13,2016;the two appeals submitted by the City regarding Oso Creek and La Voila Creek and Tributary 10; and the two appeals submitted by residents for properties located on Ocean Drive and Pharaoh Drive. Mr. Dimas stated that the final flood insurance rate maps will be provided once all of the Nueces County appeals have been resolved. Corpus Christi Page 15 Printed on 10/13/2016 City Council Meeting Minutes October 11, 2016 Council members spoke regarding the following topics:the estimated timeframe that Nueces County will complete their appeal process and the City can receive the final flood insurance rate maps; previous public comments on the drainage at Turtle Cove and other neighborhood associations prone to flooding; addressing sustainability and accountability of private detention ponds to prevent flooding issues; how long homeowners will have to adopt the new zones; whether there is any correlation between the City's appeals of Oso Creek, La Voila Creek and Tributary 10 and the outfall at the Greenwood Wastewater Treatment Plant; whether credits will be received for improvements to the Greenwood Wastewater Treatment Plant through the consolidation planning; researching what other municipalities are doing to maintain retention/detention ponds; drainage problems at La Voila Creek and Oso Creek; recommended improvements for the Colombia Drainage Ditch; and existing elevations of subdivisions. R. ADJOURNMENT The meeting was adjourned at 6:28 p.m. Corpus Christi Page 16 Printed on 10/13/2016 SC U NCa POPP`E� iss2 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 6, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 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 Master Service Agreement Subsurface Utility Engineering (SUE) Services CAPTION: Motion authorizing the City Manager, or designee, to execute a master service agreement with Cobb, Fendley&Associates, Inc. of San Antonio,Texas in the amount of$200,000 for Subsurface Utility Engineering Services for a base year plus two (2) one-year options. PURPOSE: The purpose of this Agenda Item is to authorize a Master Service Agreement for Subsurface Utility Engineering (SUE) services with the selected firm. BACKGROUND AND FINDINGS: This contract was developed under a Master Service Agreement (MSA) to perform SUE services for various projects. This contract allows the City to better develop and refine the SUE process to classify information according to quality levels with an objective to improve data reliability to reduce construction conflicts, delays and costs. The American Society of Civil Engineers (ASCE)published Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data with four quality levels (A thru D): • Quality Level D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections. QL-D is useful primarily for project planning and route selection activities. • Quality Level C involves surveying visible above ground utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). • Quality Level B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all subsurface utilities within a project's limits. • Quality Level A is the highest level of accuracy presently available providing precise plan and profile mapping of underground utilities through the actual exposure of underground utilities (usually at a specific point). This level also provides the type, size, condition, material and other characteristics of underground features. Exposure is typically achieved through hand digging or Hydro-Vacuuming. The information is presented in CAD format or a GIS-compatible map with a conflict matrix that is created to evaluate and compare collected utility information with project plans, identify conflicts and propose solutions. This improves the design basis to reduce the overall construction cost and timeline. Under this MSA, the consultant will provide SUE services for city projects to be incorporated into design documents. Multiple Task orders will be issued for SUE Services within a not to exceed amount of $200,000 beginning with the following: Task 1. E15110 Flato Road Full depth repair Task 2. E15106 Ayers Street Pedestrian Improvements and Turn Lane Addition Task 3. E15098 Downtown Road and Streetscape Improvements Task 4. E15108 Downtown Traffic Signal and Area Improvements This project is proposed to be awarded as a multiple year program with a base year plus two one- year options. Future Task orders and renewal of option years will be administratively approved by the City Manager or designee upon satisfactory performance by Cobb, Fendley &Associates, Inc. ALTERNATIVES: 1. Authorize execution of a master service agreement. (Recommended) 2. Do not authorize execution of a master service agreement. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This master service agreement and selection process comply with the Professional Procurement Act and City Policy. Cobb, Fendley &Associates, Inc. was selected by RFQ 2016-01. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Utility Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Project to Date Fiscal Year Budget and Current Year Future Years TOTALS 2016-2017 Expenditures (CIP only) Budget $205,500 $205,500 Encumbered / Expended Amount This item 200,000 200,000 Future Anticipated Expenditures This 5,500 5,500 Project BALANCE $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends the master service agreement with Cobb, Fendley & Associates, Inc. in the amount of$200,000 for the Subsurface Utility Engineering Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Master Services Agreement Presentation Form 1295 PROJECT BUDGET ESTIMATE E16266 SUBSURFACE UTILITY ENGINEERING SERVICES PROJECT FUNDS AVAILABLE: Water CIP Fund....................................................................................... $ 68,500 Wastewater CIP Fund................................................................................... 68,500 Storm Water CIP Fund.................................................................................. 68,500 TOTAL....................................................................................................... 205,500 FUNDS REQUIRED: Fees: Engineering (Cobb, Fendley & Associates).................................................... $ 200,000 Reimbursements:....................................................................................... 5,500 Contract Administration (Engineering/Finance/Capital Budget)............... 2,000 Engineering Services (Project Mgt/Constr Mgt)(2.25%)........................ 3,000 Misc. (Printing, Advertising, etc.)..................................................... 500 TOTAL....................................................................................................... $ 205,500 ESTIMATED PROJECT BUDGET BALANCE.................................................... $0 St Paul 'Ell �' .v 188 Sinton Rancho Chico Hargan Del Sal-Lams Farm Ares Linda 1s1 « rr Tradewinds T7 troy Taft tn [idem ; City BY ss Falnian-County TT Gregory Acres Aransas Pass X61 Doyle Portland Ingleside Mueces B11Y " -- Ingleside on the Bay San ra t 1pl z afirlsti �,['.SU"'Pill ... ow. SUE Services X361'. (Citywide) Stang rsrarrd Tierra Grande Csszj Mc,.slan Petronils 0250 Chapniar. Rrrr[F VICINITY MAP NOT TO SCALE Project Number: E16266 SUE Services CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS ( Citywide ) DEPARTMENT OF ENGINEERING SERVICES = = CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is between 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 and Cobb, Fendley & Associates, Inc_ a Texas Corporation, San Antonio, Bexar County, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.................................................................................... 2 ARTICLE II COMPENSATION................................................................................................ 2 ARTICLE III QUALITY CONTROL PLAN................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS .......................................................................... 4 ARTICLE V INDEMNIFICATION ............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE................................ 4 ARTICLE VII TERMINATION OF AGREEMENT....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ........................................................................ 6 ARTICLE IX OWNER REMEDIES............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION .............................................................. 7 ARTICLE XII MISCELLANEOUS PROVISIONS ....................................................................... 9 EXHIBITS Pagel Rev. 7116 K%ENGINEERING DATAEXCHANGE%ANGtEMISTORM WATERIE16266 SUBSURFACE UTILITY ENGINEERING BERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC ARTICLE I —PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services,pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article X11 of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant must comply with City standards, as specified in the Unified Development Code(UDC)or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor,equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services,Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit G. ARTICLE II—COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $200,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. Page 2 Rev.7116 K IENGINEERING DATAEXCHANGEVINGIEMISTORM WATWE16266 SUBSURFACE UTILITY ENGINEERING SERVICES12015 0725 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC 2.3 Consultant shall submit a proposal to the City,which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule, shewn in Exhibit 8 1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C). For T&M basis fees, Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $200,000.00 Task 1 — E15110 Flato Road—full depth repair 18,057.50 Task 2—E15106 Ayers Street Pedestrian Improvements and Tum Lane 25,747.50 addition Task 3— E15098 Downtown Road and Streetsca a I provements TBD Task 4— E15108 Downtown Street Traffic Signal and Area TBD Improvements Task 5—TBD TBD Task—6—TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein and to City's satisfaction,which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services which are unsatisfactory and which previously have not been approved by the Director. 2.8 In the event of any dispute(s)between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.9 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.10 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. Page 3 Rev.7116 KIENGINEERING DATAEXCHANGEVWGIEMSSTORM WATERXE16265 SUBSURFACE UTILITY ENGINEERING SERVICEW016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC ARTICLE III —QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality controllconstructability reviews(QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Provable Cost(OPC) as needed_ 3.3 Documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE IV— INSURANCE REQUIREMENTS 4.1 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. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V- INDEMNIFICATION 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. ARTICLE VI —TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Page 4 Rev. 7116 K%ENGINEERING DATAEXCHANGE%ANGIEMISTORM WATER1E16266 SUBSURFACE UTILITY ENGINEERING SERVICES120150726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a multiple year program beginning on the Effective Date. The Agreement may be renewed for up to 2 one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII -TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause,the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time& Materials calculation or Consultant and City's estimate of the proportion of the total services actually Page 5 Rev.7116 KSENGINEERING DATAEXCHANGEIANGIEWTORM WATERT16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL. SERVICES DOC completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee,which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments,arrangements, notes,daily diaries,reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements,sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit,examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designees),to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX—OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments,such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are Page 6 Rev. 7/16 K%ENGINEERING DATAEXCFIANGEIANGIEMI5TORM WATERIE16M SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICESDOC greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions,the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or Omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article Il. ARTICLE X—CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control,an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI —CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant,whether for additional compensation, additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented: Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial Page 7 Rev. 7/16 K%ENGINEERING OATAEXCHANGE%ANGIEMISTORM WATER%E16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICESDOC request for remedy or(iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution(ADR)process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 in the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to fling any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty(30)calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Page 8 Rev. 7116 M hENGINEERING DATAEXCHANGE%ANGIEMISTORM WATEME16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC ARTICLE XII—MISCELLANEOUS PROVISIONS 12.1 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this Agreement 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. 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. 12.3 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. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings. pre-bid meetings and preconstruction meetings. 12.5 Entire Agreement. This Agreement, including Task Orders, 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. 12.6 Disclosure of Interest. (Exhibit E) Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.7 Certificate of Interested Parties. (Exhibit F). 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 that exceed $50,000. 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; or Page 9 Rev.7116 !(:%ENGINEERING DATAEXCHANGE%ANGIEM%STORM WATERIE16266 SUBSURFACE UTILITY ENGINEERING SERVICES12016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC (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.b(.us/whatsnewlelf info_forml295.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 hftps://www.ethics.state.tx.us/legal/ch46.htm]. 12.8 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/g overn ment/city-secretary/conflict-disclosure/index 12.9 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 lies exclusively in Nueces County, Texas. 12.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable,such invalidity or unenforceability shall not affect,impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI COBB, FENDLEY &ASSOCIATES, INC. J.H. Edmonds, P. E. Date Dan Warth, P.E. Date Director of Engineering Services Regional Manager 1100 Northwest Loop 410, Suite 350 San Antonio, TX 78213 (210) 826-4611 Office RECOMMENDED Operating Department Date Page 10 Rev.7116 KSENGINEERING DATAEXCHANGEVANGIEM%STORM WATERXE16266 SUBSURFACE UTILITY ENGINEERING SERVICESU016 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney ATTEST Rebecca Huerta Date City Secretary Page 11 Rev. 7118 KIENGINEERING DATAEXCHANGE%ANGIEWSTORM WATER%E16266 SUBSURFACE UTILITY ENGINEERING BERVICESVO16 0726 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES DOC EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Cobb, Fendley & Associates, Inc." (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI COBB, FENDLEY&ASSOCIATES, INC J.H. Edmonds, P. E. Date Dan Warth, P.E. Date Director of Engineering Services Regional Manager 1100 Northwest Loop 410, Suite 350 San Antonio, TX 78213 (210) 826-4611 Office RECOMMENDED Operating Department Date Master Services Agreement EXHIBIT B CONSULTANT PROPOSAL Master Services Agreement CobbFendley September 2,2016 Chris Hale,P.E. Project Manager Engincenng Services City of Corpus Christi VIA E-h1AiL Re. RFQ No.2016-01 -I'ran5portation and CItlbties—SUE Services(E16266) Dear Mr.Flalc, CobbFendley is pleased to propose this attached scope of sen-ices for the Subsurface Utility Engineering(SIZE) investigation "Large Contract"as referenced-above. CobbFendlcy understands tiii� contract will take the form of a Master Services Agreement, under which task orders will be issued. It is anticipated the following']',ask Orders will be forthcoming: Task 1. E 1511 Plato Road Full depth repair Task 2. E15106 Ayers Street Pedestrian Improvements and Turn Lane Addition Task 3. E15098 Downtown Road and Strectscapc Improvements Task 4. E 15108 Downtown Traffic Signal and Area Improvements Thu proposal is based an infomtation obtamcd during our meeting on .August 12 and your subsequent request on September 2^d 2016 Please do not hesitate to contact us again of we can assist the City of Corpus Christ in any way. We Iook forward to working with you. Sincerely, COBB,FENDLFY&ASSOCIATES, INC. Richard Clarke Project Manager EXHIBIT"B" Page 1 of 3 CobbFendley September 2nd 2010 RFo No. 2016-01 Transportation and Utilities —SUE Services (E16266) Scope of Services The purpose of the Subsurface Utility Engineering (SUE) "Large Contract" referenced above is to assist the City of Corpus Christi Engineering Services Dcpt. bl- providing SUE for upcoming projects. SUE information allows the City and its engineering consultants to be aware of and take account of utility-issues early in the development of a prolect.'Mis minimizes utility related re-designs,unanticipated stoppages and relocation costs.It also enhances on site safety. Cobb[±endlcy will provides these services to the City in a phased approach following the ASCE 38-02 "7•lic Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data"-see below. Uahni Quali -l..evels arc used to define the range of SUI:provided. In cumulative order(least to greatest) they are: Quality Level D-Existing Records: Utilities arc plotted from review of available existing records Quality Level C - Surface Visible Feature Sun-LY: Quality Level "D" information from existing records is correlated with sunvcyed surface-visible fcarures- Quality Level B-Designate: Two-dimensional horizontal mapping, This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control.Additional description of services,methodology and equipment is below Quality Level A-Locate(Fest Hole):Threc-dumnsioiml mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environmcnt data, Additional description of services,methodology and equipment is below. At the request of the City of Corpus CobbFendley`shall: • Perform Utility Designating (Level B SUE) to accurately identify and verify- horizontal utility positions. -flits assists in identifying potential utility-conflicts • Perform Utility Locating(I-n el.\SUE) to obtain utility depth information.This assists in resolving potential conflicts. Ufflily Designating(Level B E CobbFcndley Shall 1. Coordinate with City of Corpus Christi to schedule work.The City will provide permission or permits to perform work, or right of entry to property and any utility casements.Determine with the City the need for traffic control.CobbFendlcy shall provide traffic control or through subcontract if required. 2. Perform Record Research (Level D SUE) by contacting utility owners, The City, property owners and other stake holders to request utility information.'nus wdi assist CobbFendlcy in identifying utilities and marking them in the field, 3. Designate (means to mark and record) the horizontal location of the existing tone-able utility facilities using non destructive surface geophysical techniques. Tone-able utilities are typically utilities that arc conductive or intemali accessible with a traceable fish tape or sonde.\Fater and communication vaults can typically be investigated from above ground. Cobb Fendley does not enter burred power vaults or manholes. EXHIBIT"B" Page 2 of 3 Subsurface Utility.Engineering;SUE)—Large Contract Page 2 of? r■::.:CobbFendley -I. V`hcre possible use Ground Penetrating Radar (GPR). Under ideal circumstances nonconductive buried fines can be investigated successfully with GPR.Soil conditions ut'1'mas are however generally not suitable for GPR.CobbFendley has had success using GPR for SUE work,but non-conductive features can remain undetected. 5. Mark identified utilities using a non-water base paint and pin flags,utilizing the.1P\X-• color code scheme.CobbFendley will provide a field sketch of designated utilities. G. If required suney SUE field markings and above ground utility features,ue to existing project survey control and plot on project base sopa map. CobbFendley will review this utility map and compare with as-built information and field work.Discrepancies resolved using professional judgement. 7. Provide letter report summarizing work performed. 8. Based on the Level B SUE information and proposed designs,assist the City of Corpus in determining utility confhct locations and appropriate locations for vacuum excavation test holes to assist to resolving these potential conflicts. Vacuum va ion(Level CobbFendley Shall: In locations where the depth of identified buried utilities is required, perform FI-IWA Level A vacuum test holes. Holes are excavated using a nondestructive compressed air vacuum excavation truck.Vacuum excavation shall be performed as follows. 1) Comply with regulations,and/or policies for the prevention of underground utility damage(i.e.,one-call system). Coordinate with Development Services to schedule work.71ne City of Corpus will provide permission and permits to perform work. CobbFendley.shall provide traffic control or through subcontract if required. 2) Vacuum excavate to measure and record the depth and location of found items. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation-CobbFendley does not take ownership of any excavated material. 3; Record depth of the utility,line size,line material,condition of the line,type of soil around the line.Provide markers at each utility location. -l'. Backfill the hole. Compact in hfts. Restore pavement. 5; If requtred survey utility test (tole locations.Survey will be ued to extsung project survey control, G} Provide drafting to produce test holes data sbects showing utility depth,size and line material,condition of the line,type of soil for each test hole location surveyed. Test hole data sheets include a "snapshot' from the CAD file showing test hole location and photographs of test hole and found utilities. Basis of Compensation T1tc above scope of services will be provided on a Task Order busts,with a total,not to exceed amount for all task under this contract of 5200,000.00 EXHIBIT"B" Page 3 of 3 EXHIBIT C PAYMENT REQUEST FORM Master Services 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 0 & 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 0 0 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% EXHIBIT D INSURANCE REQUIREMENTS Master Services Agreement EXHIBIT D Insurance Requirements 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 (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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) 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. EXHIBIT"D" Pagel of 3 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 List the City and its officers, officials, employees 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; 1.6.2 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; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of 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 EXHIBIT"D" Page 2 of 3 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. EXHIBIT"D" Page 3 of 3 EXHIBIT E DISCLOSURE OF INTEREST Master Services Agreement nW4 CITY OF CORPUS CHRISTI -�- DISCLOSURE OF INTEREST City of Co%sti 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: Cobb,Fendley& Associates,Inc. P.O. BOX: STREET ADDRESS: 1100 Northwest Loop 410, CITY: San Antonio ZIP: 78213 Suite 35 FIRM IS: 1. Corporation 2. partnership 3. Sole Owner C]4. Association e 5. Other ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership to 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°x'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 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: Dan Warth,P.E. Title: Reuinnal Manager ('type or Print) Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "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 fine, 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 F CERTIFICATE OF INTERESTED PARTIES Master Services Agreement CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number. of business. 2016-109526 Cobb,Fendley&Associates,Inc. Houston,TX United States Date Filed: Name of governmental entity or state agency that Is a parry tot the contract for w c t e form is 09/08/2016 being filed. City of Corpus Christi ]Dale Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or Identity the contract,and provide a description of the services,goods,or other property to be provided under the contract. E16266 SUE Services 4 Nature of interest Name of interested Parry City,State,Country(place of business) (check applicable) Controlling Intermedi Bostwick,John Houston,TX United States X Silver,Monica Houston,TX United States X Funk,Stephanie Houston,TX United States X Conger,Dale Houston,TX United States X 5 Check only If there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or ahlrm,u der pena of perjury,that the above disclosure is true and correct. MFGAN LESKER NotorY Public.Slots of Taxol :**i ., r';i Comm.Expires 10.16.2014 „` ' Notary ID 130405304 SI of authorized agent of contracting business enbty AFFIX NOTARY STAMP 1 SEAL ABOVE r �n p p Sworn to and subscribed before me,by the said L-f I —/f b A 1 9 UV 11 1h this the � day of 20__[_LQ,to certify which,witness my nand and seat of office. Cit Signa re of officer administering oath Printed a of olricer administering oath Title of officer admi stenng oath Forms provided by Texas Ethics Commission www.ethlcs.state.tx.us Version V1.0.277 EXHIBIT G EXCERPT FROM GENERAL CONDITIONS FOR CONSTRUCTION CONTRACT Master Services Agreement Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services 'Fable of Contents Page Article 1—Definitions and Terminology........................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands;Subsurface and Physical Conditions; Hazardous Environmental Conditions.....................................................................................................................................................9 Article 6—Bonds.and Insurance..................................................................................................................11 Article 7—Contractor's Responsibilities.....................................................................................................11 Article 8—Other Work at the Site...............................................................................................................11 Article 9--Owner's and OPT's Responsibilities...........................................................................................11 Article 10—OAR's and Designer's Status During Construction...................................................................12 Article 11—Amending the Contract Documents;Changes in the Work.....................................................14 Article12—Claims.......................................................................................................................................14 Article 13—Cost of the Work;Allowances; Unit Price Work......................................................................14 Article 14—Tests and Inspections;Correction, Removal, or Acceptance of Defective Work....................14 Article 15—Payments to Contractor;Set-Offs;Completion; Correction Period ........................................14 Article 16—Suspension of Work and Termination.....................................................................................14 Article 17—Final Resolution of Disputes....................................................................................................14 Article18—Miscellaneous....................................................................................................... ..............14 Excerpt from Form 00 72 00 General Conditions-1 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined,terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs,and the titles of other documents or forms. 1. Addenda- Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement-The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution-The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment-The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements, 7. Bidding Documents-The Bidding Requirements,the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements-The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments,and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds- Performance Bond, Payment Bond, Maintenance Bond,and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times,or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions-2 13. Change Proposal-A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim-A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern -Asbestos, petroleum, radioactive materials, polychlorinated biphenyls(PCBs), hazardous wastes, and substances, products,wastes,or other materials that are or become listed, regulated,or addressed pursuant to: a. The Comprehensive Environmental Response,Compensation and Liability Act,42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act,49 U.S.C. 05501 et seq.; c. The Resource Conservation and Recovery Act,42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to,or imposing liability or standards of conduct concerning hazardous,toxic,or dangerous waste, substance,or material. 17. Contract-The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents-Those items designated as Contract Documents in the Agreement. 20. Contract Price-The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions-3 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team-Contractor and Subcontractors,Suppliers, individuals,or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work-The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective-When applied to Work, refers to Work that is unsatisfactory,faulty,or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests,or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer-The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings-The part of the Contract that graphically shows the scope,extent,and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract-The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition-The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations,and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions-4 31. Indemnified Costs-All costs, losses, damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers,architects,attorneys,and other professionals. 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations,ordinances, codes,and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens-Charges,security interests, or encumbrances upon Contract related funds, real property,or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification-Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order;or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed-A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City),a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas,acting by and through its duly authorized City Manager and his designee,the City Engineer(the Director of Engineering Services), and the City's officers, employees, agents,or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR-The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees-Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants,and subcontractors. 41. Owner's Proiect Team or OPT-The Owner,Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use-Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions -5 43. Progress Schedule-A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project-The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein,the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples-Physical examples of materials,equipment,or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values-A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings-All drawings,diagrams, illustrations,schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings,whether approved or not,are not Drawings and are not Contract Documents. 51. Site-Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way,easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications-The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor-An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion-The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions-The part of the Contract that amends or supplements the General Conditions. 56. Supplier-A manufacturer,fabricator,supplier, distributor, materialman,or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions-6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities-All underground pipelines, conduits,ducts, cables,wires, manholes,vaults,tanks,tunnels,other similar facilities or appurtenances,and encasements containing these facilities which are used to convey electricity,gases, steam, liquid petroleum products,telephone or other communications,fiber optic transmissions,cable television, water,wastewater,storm water,other liquids or chemicals,or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work-The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive-A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion,or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day" or"calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms"as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to"reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work,or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions- 7 E. The use of the words"furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials,or equipment: 1. Furnish means to supply and deliver the specified services, materials,or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials,or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials,or equipment, but do not expressly use the words"furnish," "install," "perform,"or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind,class,and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words"furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports,approvals, consents,documents,statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT,REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions-8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Corpus Chr sti Engineering Subsurface Utility Engineering (SUE) Services Council Presentation October 11, 2016 Project Location �hrsti Engineering Petra.. 'Tierra GralIC. SUE Services (Citywide) c,aPch Ranch Fain -C unty Acres NI Project Scope 0 �hrsti Engineering MSA for a multi-year contract with 1 base year and 2 option years. Individual task orders will be issued for the collection/ depiction of existing underground utilities and classified under 4 ASCE defined levels: • A - Highest level with physical verification of utilities condition & XYZ coordinates • B - Includes surface & other investigations to verify within project limits (X Y coordinates) • C - Site specific above Gid verification of "D" data • D - Basic record research Project Schedule �hrsti Engineering Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep SUE Services Project Estimate: 365 Calendar Days 12 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: 2016-109526 Date Filed: 09/08/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cobb, Fendley & Associates, 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. E16266 SUE Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Bostwick, John Houston, TX United States X Silver, Monica Houston, TX United States X Funk, Stephanie Houston, TX United States X Conger, Dale Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, u der penal of perjury, that the above disclosure is true and correct. 00000•p,,,,, MEGAN I.E5NER '' _c'^*.'7-11t �', Notary Public, State of Texos �'. -• j� Comm. Expires 10-16.2014 ''"'t'13i'"}Tr ID 130405364 Notory Sig „i . e of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE �s Sworn to and subscribed before me, by the said l_. ( 1 7,414t1 & Lin- fj A) this the day of 20 1 tg , to certify which, witness my hand and seal of office. 1 Y Vi f/V 1 L�] U ✓ i n tesh.eiy l , Signat re of officer administering oath Printed na a of officer administering oath Title of officer admi stering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: TO: September 9, 2016 Margie C. Rose, 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: Engineering Design Services Downtown Road and Streetscape Improvements BOND 2014 Prop. 2 Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $115,067 for the Downtown Road and Streetscape Improvements. (BOND 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Downtown Road and Streetscape Improvements project. (BOND 2014 Proposition 2). BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Downtown Road and Streetscape Improvements — Improvements to the downtown streetscape such as new trash cans, improvements to the gateways (Laredo, Agnes, Mesquite area) and wayfinding signage to help create a sense of arrival to the district and enhance downtown image. Other various street, sidewalk, lighting and landscaping improvements such as improvements to People or Lawrence Street." This item provides for the engineering and design phase services to develop streetscape and wayfinding concepts that can be translated into physical infrastructure improvements to achieve the enhanced image and sense of arrival into the Downtown. The specific work planned includes new signage, light pole medallions, benches, trash and recycle bins, planters and other miscellaneous improvements. This project will consider the areas bounded by Shoreline Blvd to Lower Broadway and IH -37 to Coopers Alley. All work will be coordinated through meetings and discussions with key stakeholders including the Downtown Management District, affected property owners, the Texas Historical Commission and with City Departments of Parks & Recreation, Streets & Signals, Engineering Services, Business Liaison Office, Utilities and others as needed. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 Street Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,959 $1,450,041 $1,500,000 Encumbered / Expended Amount 49,959 0 49,959 This item 0 115,067 115,067 Future Anticipated Expenditures This Project 0 1,281,244 1,281,244 BALANCE $0 $53,730 $53,730 Fund(s): ST 23 Comments: N/A RECOMMENDATION: City staff recommends approval of the engineering design contract with Freese and Nichols, Inc. in the amount of $115,067 for the Downtown Road and Streetscape Improvements BOND 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Engineering Design Contract Form 1295 Location Map Presentation PROJECT BUDGET Downtown Road and Streetscape Improvements Bond 2014 Prop. 2 PROJECT FUNDS AVAILABLE: Street Bond 2014 $ 1,500,000 TOTAL FUNDS AVAILABLE 1,500,000 FUNDS REQUIRED: Construction: Construction (estimate) $ 1,068,800 Contingency (10%) 106,880 Construction Inspection and Testing: Construction Inspection (Estimate) 45,000 Construction Phase - Materials Testing Services (estimate) (TBD) 5,000 Design: Engineer (Freese and Nichols) Preliminary Design Engineer (Freese and Nichols) Engineering Design THIS ITEM Design Phase - Geotechnical Services (estimate) 49,959 115,067 1,000 Reimbursements: Total Reimbursements 54,564 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 21,000.00 Engineering Services (Project Mgt/Constr Mgt) 32,064.00 Misc. (Printing, Advertising, etc.) 1,500.00 TOTAL $ 1,446,270 ESTIMATED PROJECT BUDGET BALANCE $ 53,730 mbeces BaY Testas. Stale Aquarium 58 01) • Corpus Christi PROJECT LOCATION r OV G9r VICINITY Ar NOT TO SCALE Project Number: E15098 Downtown Road and Streetscape Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E15098 DOWNTOWN ROAD AND STREETSCAPE IMPROVEMENTS 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) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Boulevard., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS - 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 KIENGINEERING DATAEXCW NGEWNGIEMISTREET1E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FIA2016 0718 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City conceming the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Page 2 Rev. 07/16 KIENGINEERING DATAEXCNANGEVWGIEMISTREETIE15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FM2018 0718 CONTRACT PROFESSIONAL SERVICES.DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $115.067. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or Toss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev. 07/16 KIENGINEERING DATAEXCHANGE1ANGIEMISTREETE15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12018 0718 CONTRACT PROFESSIONAL SERVICES DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 . This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). approved-eganges- 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREET1E15088 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FM20160718 CONTRACT PROFESSIONAL SERVICES. DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required 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. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION 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 lndemnitee, 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 lndemnitee, 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. Page 5 Rev. 07/16 KIENGINEERING DATAExCNANGEVINGIEMISTREET1E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES.DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records fora minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREET E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 9.2 ' Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal govemments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 07/16 KIENGINEERING DATAEXCHANGEVWGIEM1STREET.E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12018 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page 8 Rev. 07/16 KIENGINEERING DATAEXCHANGEWNGIEMISTREET1E15098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FN12018 0716 CONTRACT PROFESSIONAL SERVICES.DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any Page 9 Rev. 07/16 KIENGINEERING DATAEXCHANGEUWGIEMISTREET1E15088 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FNI2018 0718 CONTRACT PROFESSIONAL SERVICES DOC modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals 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. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. 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 goveming 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; or (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a govemmental 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 forml295.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.htm I. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Govemment 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://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is govemed 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severabilitv. lf, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 10 Rev. 07/16 KIENGINEERING DATAEXCHANGEWNGIEMISTREETIE15096 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FNi2016 0718 CONTRACT PROFESSIONAL SERVICES.DOC 13.11 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. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. 9•t4 J.H. Edmonds, P. E. Date n G an, - E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project No. El 5098 Accounting Unit 3551-051 Account 550950 Activity: El 5098013551 EXP Account Category: 50950 Fund Name: Street CIP BOND 2014 Encumbrance No. Page 11 Rev. 07/16 KIENGINEERING DATAEXCWINGEIANGIEMISTTREET1E1S098 DOWNTOWN RD AND STREETSCAPE IMPRIENGINEERING DESIGN FNI20180718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {Insert' Proposal & Scope of Services from NE} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Downtown Road and Streetscape Improvements (Bond 2014) (Project NumberE15098) 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. improvement . grpupc. TD Q ete EXHIBIT "A" Page 1 of 6 Revised November 13, 2012 L:1ResourcestOLCR\C\Corpus ChrIstaCOCC - Downtown Road and Streetscape Improvements\design phase12 -Revised EXHIBIT A LARGE AE REVISED November 2012.doc commentc. DepaFtment The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. Any unauthorized use or distribution of the records 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) Prepare construction documents in City standard format for the work identified in the approved ELR. 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. b) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11"x 17". 1. 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" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. c) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. d) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. e) 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 full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. EXHIBIT "A" Page 2 of 6 Revised November 13, 2012 L•\Resourcos\OLCR\C\Corpus ChdstACOCC - Downtown Road and Streetacape Improvomentsldesipn phaso12 -Revised EXHIBIT A LARGE AE REVISED November 2012.doe f) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal 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 adeauatelv addressed City -provided review comments or provided submittals in accordance with City standards. g) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. h) 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 (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide 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) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions conceming 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. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) 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. 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 conceming bid evaluation and recommendation and prepare agenda materials for the City Council conceming bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. EXHIBIT "A" Page 3 of 6 Revised November 13, 2012 L1 ResourceslOLCR\C1Corpus ChristACOCC - Downtown Road and Streelscepe ImprovementsldesIpn phasel2 -Revised EXHIBIT A LARGE AE REVISED November 2012.doe 4. Construction Administration Phase (Not Authorized). The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractors price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. NE 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 NE shall, with written authorization by the Director of Engineering Services, perform the following: 5. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Historical Commission (THC) b. Texas Department of Licensing and Regulation (TDLR) EXHIBIT "A" Page 4 of 6 Revised November 13, 2012 LAResources\OLCR\C1Corpus ChristaCOCC - Downtown Road and SVeelacape Improvementskiasipn phasel2 -Revised EXHIBIT A LARGE AE REVISED November 2012.doe 6. Public Involvement. Participate in two coordination meetings with the Downtown Management District (DMD). The DMD will serve as the spokes -group for the project stakeholders and will coordinate with stakeholders in order to serve in this role. One meeting shall be held after submittal of the Draft Engineering Letter Report and one meeting shall be held prior to start of project construction. Preparation of notices, exhibits, and handouts for meetings will be provided by DMD and City. Provide follow-up and response to stakeholder comments collected by the DMD. Revise contract drawings to address comments, as directed by the City. 7. Warranty Phase (Not Authorized). Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Construction Observation Services. To Be Determined II. SCHEDULE Date Activity September 16, 2016 NTP October 31, 2016 60% Design Submittal November 14, 2016 City Review January 12, 2017 100% Final Submittal January 2017 Advertise for Bids February 2017 Pre -Bid Conference March 2017 Receive Bids April 2017 Contract Award May 2017 Begin Construction October 2017 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below with the exception of Construction Administration Phase which will be billed on a Time and Materials basis. The hourly rates for the Project Manager, Engineer VI, and Landscape Architect IV will be $175/hour, $160/hour, and $125/hour respectively. Based on the effort expected with the project as shown on the Manhour Breakdown the cost for Construction Phase Services is $9,321.00. If effort required to assist the City with the construction phase of the project exceed this anticipated effort the rates provided will be billed as additional services. The EXHIBIT "A" Page 5 of 6 Revised November 13, 2012 L• ResourceslOLCR C Corpus ChrlstRCOCC • Downtown Road and Streetscape Improvementstdesign phase@ -Revised EXHIBIT A LARGE AE REVISED November 2012.doc fees for other Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon NE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. 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 Basic Services Fees 1. Preliminary Phase NA 2. Design Phase $91,981.00 3. Bid Phase $4,075.00 4. Construction Administration Phase (Time and Materials) (Not Authorized) $9,321.00 Subtotal Basic Services Fees $105,377.00 Additional Services Fees 5. Permit Preparation $3,576.00 6. Public Outreach $2,300.00 7. Warranty Phase (Not Authorized) $3,814.00 8. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $9,690.00 Total Fee $115,067.00 EXHIBIT "A" Page 6 of 6 Revised November 13, 2012 L:Wesources OLCR1C1Corpus ChristiCOCC - Dovmlown Road and Streeteeape Improvemenlsldesign phase12 -Revised EXHIBR A LARGE AE REVISED November 2012.doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 8 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for. Payment Request Revised 0727/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 30 50 $1,000 50 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% 56,000 $1,000 51,250 $8,260 5750 51,500 $2,500 30% $2,000 $0 50 $2,000 $500 50 $500 25% 0 1,120 0 1.120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0°.6 $2,000 51,120 51,627 $4,747 5500 $0 $500 11% $6,000 51,000 51,250 $8,250 5750 51,500 $2,500 30% 2,000 1,120 1.627 4,747 500 0 500 11% $8,000 52,120 52,877 312,997 51,250 51,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT C INSURANCE REQUIREMENTS Contract.for Professional Services Exhibit C EXHIBIT C 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 (COI) 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 COL 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 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. 1 Rev 07/16 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 or non -renewal of 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. 2 Rev 07/16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit 0 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Chnsti 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: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline Blvd., Suite 1600N FIRM IS: 1. Corporation 4. Association 8 CITY: Corpus Christi ZIP: 78401 2. Partnership 5. Other 8 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 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 Committee Board, Commission or 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: Ron Guzman, P.E. Title: Vice President/Principal (Type or Print) (- Signature of CertifyingDate: ! , 1 4..,.. 1 c Person: `- DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "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 E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E 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: 2016-106909 Date Filed: 08/31/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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 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. Dwntwn Rd & Streetscape Impv Provide professional engineering services for design, bid, and construction phase services for the Downtown Road and Streetscape Improvements (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, 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. /07.:;t1 LISA BOGGSeln A;: .1 Notary Public, State of Texas �,y,,W ,� ? My Commission Expires ' ' `�=` OB/25/2019 ' Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 'Z Sworf to and subscribed before me, by the said {) f , r'Yj ,this the day of 20 LIO to certify which, witness my hand and seal of office. s t�1csV QQo (�c. Lisa ignature o officer d nistering oath Printed name of ofri er inistering oath Title of offic r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Servlces Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 —Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 —Contractor's Responsibilities 11 Article 8 —Other Work at the Site 11 Article 9 —Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 —Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions -1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 09601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. 06901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. 02601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 7200 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Protect Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Desiener, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Docunients. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install, "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Desiener is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions -13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11 — AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions -14 Corpus Chr sti Engineering Downtown Road and Streetscape Improvements Bond 2014 Proposition 2 Council Presentation October 11, 2016 Project Vicinity 4000 Corpus Chr sti Engineering 64 4) '41,11 Texas 'Stade Aquarium Corpus Christi PROJECT LOCATION 2 rq Project Location wry �hrsti Engineering Downtown Streetscape and Improvements Shoreline Blvd. 3 Project Scope �hrsti Engineering Improvements to downtown streetscape (Laredo, Agnes, and Mesquite area and/or People and Lawrence Street) including the following: • Wayfinding signage and gateways • Visibility enhancements > New trash cans and recycle bins > Vegetated planters > Light pole medallions > Benches > Miscellaneous (other) • Project public outreach and coordination with DMD Project Schedule �hrsti Engineering 2016 2017 Sep Oct Nov Dec Jan Fe b Mar Apr Bid May Jun Jul Aug Sep Oct r- Construction Bid Phase: Feb 2017 - Apr 2017 Construction Phase: May 2017 - Oct 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: 2016-106909 Date Filed: 08/31/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. Dwntwn Rd & Streetscape Impv Provide professional engineering services for design, bid, and construction phase services for the Downtown Road and Streetscape Improvements (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hailey, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, 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 :°�8-, LISA BOGGS r\ `� •,1 Notary Public, State of Texas ,, .,'� . My Commission Expires ' '` 06/25/2019 ' Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE % (-2swo to and subscribed before me, by the said l 1- U 7- } this the 3 C s1- /� day of /�`� �{ Sl" 20 1. to certify which, witness my hand and seal of office. kignre • • 0,LcisA o S Q Cl(via flcr atu` o officered 1�nistering oath Printed name of offs er ddunistering oath Title of offic r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 i 2fi.19 tt+ 9Mig Aide, yiE1nY r* •'' f?19S\ S;EC €�fk:iRRir.�.n�'a,rai-.is.t� �,lt;,£1f^...�OJ'�•.*',Jt,�i.. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: TO: September 15, 2016 Margie C. Rose, 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: Engineering Design Services Downtown Street Traffic Signal and Area Improvements BOND 2014 Prop. 2 Motion authorizing the City Manager, or designee, to execute a contract for engineering design services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $334,275 for the Downtown Street Traffic Signal and Area Improvements. (BOND 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute an engineering design contract for the Downtown Street Traffic Signal and Area Improvements project. (BOND 2014 Proposition 2). BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Downtown Street Traffic Signal and Area Improvements — This project will replace all obsolete single poles at traffic signals on Water Street corridor with mast arm poles assemblies from south of IH -37 to Coopers Alley. It will upgrade traffic signal hardware and software to City standard configuration. The new mast arm poles will be designated to comply with the architectural design standards outlined in the Central Business District Area Development Plan. Traffic signals will be coordinated for better traffic flows. This project will also assess the need to remove existing traffic signals as traffic signal warrant analysis dictates." This item provides for the engineering to complete the design phase to improve the signalization and safety along Water Street from Coopers Alley to Twigg Street. The improvements include new poles with mast arms that extend the signal heads out to provide drivers better line of sight. Utility adjustments are anticipated for the new pole locations and underground cables. The project also includes upgrades to the pedestrian and ADA devices. The design of the poles and devices will be consistent with the architectural standards for this area. The new signals will be coordinated and programmed for optimal traffic flows and safety. All work will be coordinated with key stakeholders and utilities to minimize disruptions to vehicular traffic, pedestrians and businesses. ALTERNATIVES: 1. Authorize execution of an engineering design contract. 2. Do not authorize execution of an engineering design contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc. is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 Street Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,959 $3,597,395 $3,647,354 Encumbered / Expended Amount 49,959 0 49,959 This item 0 334,275 334,275 Future Anticipated Expenditures This Project 0 3,210,474 3,210,474 BALANCE $0 $52,646 $52,646 Fund(s): ST 23 Comments: N/A RECOMMENDATION: City staff recommends the engineering design contract with Freese and Nichols, Inc. in the amount of $334,275 for the Downtown Street Traffic Signal and Area Improvements BOND 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Engineering Design Contract Location Map Presentation Form 1295 PROJECT BUDGET Downtown Street Traffic Signals and Area Improvements Bond 2014 Prop. 2 PROJECT FUNDS AVAILABLE: Bond 2014 $ 3,500,000.00 Storm Water CIP 200,000.00 TOTAL FUNDS AVAILABLE $ 3,700,000.00 FUNDS REQUIRED: Construction: Construction (estimate) 2,700,000.00 Contingency (10%) 270,000.00 Construction Inspection and Testing: Construction Inspection (Estimate) 105,000.00 Construction Phase - Materials Testing Services (estimate) (TBD) 10,000.00 Design: Engineer (Freese and Nichols) Preliminary Design 49,579.00 Engineer (Freese and Nichols) Engineering Design THIS ITEM 334,275.00 Design Phase - Geotechnical Services (estimate) 5,000.00 Subsurface Utiity Engineering (SUE) Services 50,000.00 Reimbursements: Total Reimbursements 123,500.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 52,500.00 Engineering Services (Project Mgt/Constr Mgt) 70,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL $ 3,647,354.00 ESTIMATED PROJECT BUDGET BALANCE $ 52,646.00 mbeces BaY Testas. Stale Aquarium • Corpus Christi PROJECT LOCATION OV G9r r 15$ cis VICINITY AP NOT TO SCALE Project Number: E15108 Downtown Traffic Signal and Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPROVEMENTS 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) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Boulevard., Suite 1600N, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07116 K ENGINEERING DATAEXCHANGEVANGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRIENGINEERING DESIGN FNI2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services underthis Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized underthis Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City conceming the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEVANGIEMISTREET'E15108 DOWNTOWN STREET TRAFFIC SGNALS AND AREA IMPR\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $334,275. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. - - - - - - - - -, - - - _ - - - - - City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein.. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEVWGIEM\STREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEWNG:EMISTREETlE15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required 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. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION 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. Page 5 Rev. 07/16 K:IENGINEERING DATAEXCHANGE\ANGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC S GNALS AND AREA IMPR\ENGINEERING DESIGN FN \2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection maybe performed by a City designee, which may include its intemal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute Page 6 Rev. 07/16 K:IENGINEERING DATAEXCHANGEVINGIEMISTREET1E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 07/16 K ENGINEERING DATAEXCHANGEVWGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC S GNALS AND AREA IMPR\ENG NEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, govemmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page 8 Rev. 07/16 K %ENGINEERING DATAEXCHANGE ANGIEMISTREERE15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRENGINEERING DESIGN FM2016 0718 CONTRACT PROFESSIONAL SERVICES DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attomey's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Page 9 Rev. 07/16 K:IENGINEERING DATAEXCHANGEWNGIEMISTREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals 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. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. 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 goveming body of a business entity of which the board or other goveming 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; 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.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. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Govemment 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://www. cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is govemed 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. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEVANG EM\STREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPR\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES DOC sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 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. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. J.H. Edmonds, P. E. Date Ikon Gusman, P. E. Date Director of Engineering Services Vice President/Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 561-6501 Fax RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney Date ATTEST City Secretary Date Project No. E15108 Accounting Unit: 3551-051 Account: 550950 Activity: E15108013551 EXP Account Category: 50950 Fund Name: Street CIP BOND 2014 Encumbrance No. Page 11 Rev. 07/16 K:\ENGINEERING DATAEXCHANGEWNGIEM\STREET\E15108 DOWNTOWN STREET TRAFFIC SIGNALS AND AREA IMPRENGINEERING DESIGN FM2018 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES {Insert Proposal & Scope of Services from A/E) Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Downtown Street Traffic Signals and Area Improvements (Bond 2014) (Project Number E15108) 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. Consultant: EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 L:1ResourceslOLCR\ClCorpus ChristhCOCC - Downtown Street Traffic Signals and Area Improvements1Design PhastA2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc professionafdesign. roupc. Trll Q otn eemments: The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. iift unauthorized use or distribution of the records 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. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. 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 24"x 36" plan sheets that can be reduced to 11 "x 17". EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 L:1Resources\OLCR1C1Corpus ChristlCOCC - Downtown Street Traffic Signals and Area Improvements1Design Phaset2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, waming and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) 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" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. h) 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 full-size hard copies 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. i) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal 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 adeauately addressed City -provided review comments or provided submittals in accordance with City standards. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. k) 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 (as authorized by Additional Services). I) Provide traffic signal timing and modeling coordination for the traffic signals using City provided traffic and pedestrian counts The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 LAResources OLCR\C\Carpus ChrlsthCOCC - Downlow Street Traffic Signals and Area Improvements\ Design Phase %2 • REVISED EXHIBIT A LARGE AE REVISED November 2012.doe d) Traffic and pedestrian counts at all intersections and high pedestrian crossings in the study area e) Coordination assistance with the Downtown Management District during design or plan reviews 3. Bid Phase. The NE will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) 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. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) 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. 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. 4. Construction Administration Phase (Not Authorized). The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 L• ResoureeslOLCRRC1Corpus ChdstACOCC • Downtown Street Traffic Signals and Area ImprovementssDesIgn Phase12 - REVISED EXHIBIT A LARGE AE REVISED November 2012doc f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.1 4 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the 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: 5. Permit Preparation. Fumish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Department of Licensing and Regulation (TDLR) 6. Topographic Survey and Parcel Descriptions The topographic survey and parcel descriptions will be provided by the City under separate contract. A/E will coordinate and assist the City's survey provider to identify the survey and ROW limits and specific items required to be included. A/E will review, conform and rectify the survey drawings into the format required for the project design. The City will provide all permitting, right -of entry, utility one -call, and traffic control and related costs necessary for the procurement of topographic survey and parcel descriptions needed for the project. prejeet-aroa7 EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 L: ResourcernOLCR1C\Corpus ChrlstADOCC - Oownlown Street Traffic Signals and Area ImprovementslDeslgn Phasel2 - REVISED EXHIBIT A LARGE AE REVISED November 2012doc will romain-iR-grid: work fer SUE. tree -shown. Right -of -Way (ROW) Acquisition Survey (Not Authorized). The ROW Acquisition Survey(s) will be provided by the City under separate contract. A/E will coordinate and assist the City's survey provider to identify the ROW and/or easements required to be acquired for the project. A/E will review, conform and rectify the survey, metes and bounds and property descriptions into the format required. A/E will meet with the property owners as needed for acquisition of the ROW or easements. All-workmuot te-be-asguired: EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 LAR esoureeMOLCR1CtCorpus Chdett COCC • Downtown Street Trek Signals and Area tmprovemants1DesIgn Phasel2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 8. Geotechnical Investigation. The geotechnical investigation will be provided by the City under separate contract. A/E will coordinate and assist the City's geotechnical provider by developing the geotechnical scope of work for the project including a boring plan depicting location, depth, and total number of subsurface borings required. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of geotechnical data needed for the project. 9. Subsurface Utility Investigation. The subsurface utility investigation will be provided by the City under separate contract. A/E will coordinate and assist the City's subsurface utility engineering (SUE) provider by developing the SUE scope of work for the project including a SUE plan depicting location, depth, and total number of subsurface potholes and test holes required. NE will assist in informing local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. Gas facilities within the project limits will be located to Quality Level C by the NE. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of subsurface utility engineering data needed for the project. Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. 10. Traffic Control. Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced waming signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. 11. Public Involvement. Participate in two coordination meetings with the Downtown Management District (DMD). The DMD will serve as the spokes -group for the project stakeholders and will coordinate with stakeholders in order to serve in this role. One meeting shall be held after submittal of the Draft Engineering Letter Report and one meeting shall be held prior to start of project construction. Preparation of notices and handouts for meetings will be provided by DMD and City. A/E will prepare exhibits for the meetings. Provide follow-up and response to stakeholder comments collected by the DMD. Revise contract drawings to address comments, as directed by the City. EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 L:ViesourcessOLCRRClCorpus ChrIstPCOCC . Downtown Street Traffic Signets end Area ImprovementADesign Phase12 . REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 12. Warranty Phase (Not Authorized). Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 13. Construction Observation Services. To Be Determined II. SCHEDULE Date Activity September 16, 2016 NTP November 15, 2016 60% Design Submittal December 15, 2016 City Review February 15, 2017 100% Final Submittal March 2017 Advertise for Bids March 2017 Pre -Bid Conference April 2017 Receive Bids May 2017 Contract Award July 2017 Begin Construction February 2018 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below with the exception of Construction Administration Phase which will be billed on a Time and Materials basis. The hourly rates for the Project Manager, Engineer IV, Engineer VI, Technician IV and Designer II will be $175/hour, $150/hour, $160/hour, $125/hourand $140/hour respectively. Based on the effort expected with the project as shown on the Manhour Breakdown the cost for Construction Phase Services is $43,794. If effort required to assist the City with the construction phase of the project exceed this anticipated effort the rates provided will be billed as additional services. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement 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 services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 LAResources\OLCRtCICorpus ChdsU COCC - Downtown Sheet Traffic Spats and Area ImprovemenlssDesign Phase%2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc B. Fee for Additional Services. 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 Basic Services Fees 1. Preliminary Phase NA 2. Design Phase $214,794.00 3. Bid Phase $9,438.00 4. Construction Administration Phase (Time and Materials) (Not Authorized) $43,794.00 Subtotal Basic Services Fees $268,026.00 Additional Services Fees (Allowance) 5. Permit Preparation $4,335.00 6.Topographic Survey and Parcel Descriptions $5,442.00 7. ROW Acquisition Survey (Not Authorized) $6,192.00 8. Geotechnical Investigation $3,232.00 9. Subsurface Utility Investigation $6,509.00 10. Traffic Control $17,673.00 11. Public Involvement $16,726.00 12. Warranty Phase (Not Authorized) $6,140.00 13. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $66,249.00 Total Fee $334,275.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 L:1 Aesources\OLCR\C1Corpus ChristilCOCC - Downtown Street Traffic Signals and Area ImprovementslDestgn Phasel2 - REVISED EXHIBIT A LARGE AE REVISED November 2012doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Planing Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 51,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% 56,000 51,000 $1,250 $8,250 $750 51,500 52,500 30% $2,000 $0 $0 52,000 $500 $0 $500 25% 0 1.120 0 1,120 0 0 0 0°4 0 0 1,627 1,627 0 0 0 0°,6 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 51,120 $1,627 $4,747 $500 $0 $500 11% 56,000 51,000 $1,250 58,250 $750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 $2,120 12,877 512,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services Exhibit C EXHIBIT C 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 (COI) 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 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 Tess than A- VH. 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. 1 Rev 07/16 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 or non -renewal of 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. 2 Rev 07/16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D It:2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Chnsti City of Corpus Christi Ordinance 17112, as amended,requires all persons or firms seeking information. do business with the City to provide the following Every question must be answered. If the 4uestion is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Freese and Nichols, Inc. P. O. BOX: STREET ADDRESS: 800 N. Shoreline Blvd., CITY: Corpus Christi ZIP: 78401 Suite 1600N FIRM IS: 1. Corporation 4. Association e 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 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 Committee Board, Commission or 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: Ron Guzman, P.E. Title: Vice President/Principal (Type or Print) Signature of Certifying Person: DEFINITIONS Date: a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest" Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E 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 2016-107099 Date Filed: 09/01/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. Dwntwn St. Traffic Signal Professional engineering services for the design, bid and construction phases of the City of Corpus Christi Downtown Street Traffic Signal and Area Improvements project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, 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. .•a ��� LISA BOGGS �..............'\ NotaryPublic,+ ,fri. 17Commission State p Texas �,.r, y. �� My Expires ----� '="``~ 06/25/2019 ( Signature of aJthorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 'eon (.-1 v zma , this the 15+ day of fe � 20 1 (, , to certify which, witness my hand and seal of office. OA -_. r. .._ei_ 0.. e- "Si.nature of .fficer admi.r lig oath Printed name of o 1 = T. ministering oath Title of ffi r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 —Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 —Contractor's Responsibilities 11 Article 8 —Other Work at the Site 11 Article 9 —Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 —Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 —Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and - paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes,.rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved, "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish/' "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 — AVAILABIUTY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's, findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions -10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions -11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10— OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions -12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions -13 10.07 Limitations on OAR's and Des gner's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions -14 Corpus Chr sti Engineering Downtown Street Traffic Signal and Area Improvements Bond 2014 Proposition 2 Council Presentation October 11, 2016 Project Vicinity 4000 Corpus Chr sti Engineering Egliiiiill ,0001PTIMPIW -AM OrTexas §-Tate Aquarium -0 Corpus Christi PROJECT LOCATION 64%.... C9 '9or Project Location 0 a111 Corpus Chr sti Engineering 3 Project Scope �hrsti Engineering Traffic signal upgrades to improve safety & traffic flows (for the Water Street corridor from Coopers Alley to Twigg): • Signal hardware and software upgrade to city specifications for 9 intersections • Synchronization of corridor traffic signalization • Assess warrant for changes to traffic signal or removal of existing • Utility coordination (City, AEP, AT&T, Etc.) • Stakeholder meetings • Project public outreach and coordination with DMD Project Schedule �hrsti Engineering 2016 2017 Sep Oct Nov Dec n 1 Feb OF Design J Mar Apr Bid May Jun Jul Aug Sep Oct Nov Dec 1 Construction 111 Bid Phase: Feb 2017 - Apr 2017 Construction Phase: May 2017 - Dec 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: 2016-107099 Date Filed: 09/01/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Freese and Nichols, 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. Dwntwn St. Traffic Signal Professional engineering services for the design, bid and construction phases of the City of Corpus Christi Downtown Street Traffic Signal and Area Improvements project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Dallas, TX United States X Milrany, Cindy Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, 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. �r'a" LISA BDGGS(,, 1t ��� ' *: Notary Public, State of Texas f� My Commission Expires,.. ILSignature , 06/25/2019 of aGthorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 70r) /yct�,�� Swor`n//to� and subscribed before me, by the said �--! t an , this the I, St day of J�' fer o.e 20 1 l7 , to certify which, witness my hand and seal of office. J IJb 1� of � J4_ 41 •LI Si nature of .fficer admi A ng�oath Printed name of o ministering oath Title of +ffi• •r administering oath Forms provided by Texas Ethics Commission www. eth i c s. stat e. tx . u s Version V1.0.277 ?VW Ai l.1 26I51 la :gra Eau(lx) ac?nimino3 ;inti 'ti filS f f 1.rtA 191'c.7%rt.ritsvorlit::'JJl. L AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 16, 2016 TO: Margie C. Rose, 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: Engineering Construction Contract Alameda Street from Lipan to Kinney BOND 2014 Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD of Corpus Christi, Texas in the amount of $1,862,252.50 for Alameda Street from Lipan to Kinney for the total base bid. (BOND 2014 Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Alameda Street from Lipan to Kinney Project. (BOND 2014 Proposition 1) BACKGROUND AND FINDINGS: This project was approved through Bond 2014 Proposition 1 Street Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Alameda Street from Kinney to Lipan — This project includes a full depth repair of the existing two lane roadway which is consistent with the C-1 minor collector roadway designated in the Urban Transportation Plan. Other improvements include curb and gutter, sidewalks, ADA curb ramps, and pavement markings." The existing two-lane roadway is 40' wide with parking on both sides of the street. This project consists of the full -depth reconstruction of Alameda Street from curb to curb for the five blocks from Lipan to Kinney with new sidewalks, curb & gutter and ADA curb ramps. Striping and pavement markings will designate two travel lanes with parking on each side along the curbs. The two travel lanes are planned for "shared" bike access with signage and markings to create "Bike Boulevard" per the Metropolitan Planning Organization's (MPO) Strategic Plan for Active Mobility. Utility improvements include water and storm water. Storm water improvements will extend along Comanche to tie-in to a new storm water manhole at approximately Staples Street. Construction sequencing will be coordinated with the adjacent school to minimize traffic impacts. Construction immediately adjacent to the school is planned over school holiday break (Thanksgiving thru first of year.) On September 7, 2016, the City received proposals from four (4) bidders and the bids are as follows: Contractor Base Bid Bay, LTD Corpus Christi, Texas $1,862,252.50 MAX Underground Construction, LLC. Corpus Christi, Texas $1,887,083.50 Clark Pipeline Services Corpus Christi, Texas $1,926,342.12 J. Carroll Weaver, Inc. Sinton, Texas $4,435,396.05 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Lockwood, Andrews & Newnam, Inc. (LAN) is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 Street Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $323,685.00 $2,638,515.00 $2,962,200.00 Encumbered / Expended Amount 323,685.00 0.00 323,685.00 This item 0.00 $1,862,252.50 $1,862,252.50 Future Anticipated 0.00 423,827.25 423,827.25 Expenditures This Project BALANCE $0.00 $452,435.25 $452,435.25 Fund(s): ST 01 Comments: N/A RECOMMENDATION: City staff and LAN recommend the construction contract be awarded to Bay, LTD in the amount of $1,862,252.50 for the Alameda Street from Lipan to Kinney BOND 2014 Proposition 1 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Alameda Street from Lipan to Kinney BOND 2014 Proposition 1 PROJECT FUNDS AVAILABLE: Street CIP Bond 2014, Proposition 1 $ 1,500,500.00 Total Utilitiles 1,551,700.00 Storm Water 345,600.00 Wastewater 784,700.00 Water 409,400.00 Gas 12,000.00 TOTAL FUNDS AVAILABLE $ 3,052,200.00 FUNDS REQUIRED: Construction: Construction (Bay, LTD) 1,862,252.50 Street 1,124,825.00 Storm Water 288,654.00 Wastewater 35,380.00 Water 404,093.50 Gas 9,300.00 Contingency (10%) 186,225.25 Construction Inspection and Testing: Construction Inspection (Estimate) 88,566.00 Construction Phase - Materials Testing Services (Estimate) 32,959.00 Design (Includes Geotechnical Services) Engineer (Lockwood, Andrews & Newnam) 323,685.00 Street 184,555.00 Storm Water 69,565.00 Wastewater 36,173.80 Water 33,391.20 Reimbursements: Total Reimbursements 106,077.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 44,283.00 Engineering Services (Project Mgt/Constr Mgt) 59,044.00 Misc. (Printing, Advertising, etc.) 2,750.00 TOTAL $ 2,599,764.75 ESTIMATED PROJECT BUDGET BALANCE $ 452,435.25 El 3161 69 E'. 2250 AlueCes B pus Christi nal Airport 4` 271 49.A T63 Texas Stale Aquarium Project Location rpus Christi Lipan St. D or, c7._ 7 3 CD x- aai �. rtitee "Lake Park El El J.8,5) 22 4 - Mrd 16I. w El 1 VICINITY MAIC NOT TO SALE 3 3 r Project Number: E13086 Alameda Street From Lipan Street to Kinney Street ( Bond 2014 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 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: 2016-114415 Date Filed: 09/20/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay 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. Transportation, Texas Department of 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. E13086 Alameda Street-Lipan Street to Kinney Street (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Lentz, Jon Corpus Christi, TX United States X 5 Check only if there is NO _Interested Party. ❑ 0,11l tel,“ ,,,,,, N ,,,,, Y •• 4- �� 6 AFFIDAVIT •.` � �•`!(j ,, Po y�., 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. .4t 422 0 y.r� ,i - E S1-1 n- .1.-, n9 ii5r• .7 .� p IR,, Signature of auth ' ed agent of contracting business entity "1' 4--z__ , this the Q O�t-- day of C+(,(`/kG! ..., .. 0 ,z� 4.4. AFFIX NOTARY ST %VH�4(65Bir I ill (ABOVE Sworn to and subscribed before me, by the said To ► ` 20 j to certify which, witness my hand and seal of office. R. Lerma /Big r P(112f/ c Y `ir/ ,hvyyt.,\ttt,- Signature of officer admistering oath Printed name of officer administering oath Title of offi r administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Corpus Chr sti Engineering Alameda Street From Lipan to Kinney Bond 2014 Council Presentation October 11, 2016 Project Vicinity �hrsti Engineering Corpus Christi zlerr tion oI Airport om'- - Texts Sta, Agiariu�rs W R,ve R I Project Location Corpus Christi Lipan St. ® a mg 5xifo �Cake.�Psr q� l 1,01 ® Ward 15V, d Project Location �hrsti Engineering Li pan St. 1t P42 fit I. inche Rd. 3 71.1 ----" D � 3 Project Scope �hrsti Engineering This project includes the full depth reconstruction of 5 blocks of Alameda Street (Lipan to Kinney) including: • New HMAC pavement with striping and pavement markings to designate 2 travel lanes with parking on each side • Travel lanes are designated as Bike Boulevard (per MPO plan) • Curb and gutters, sidewalks, and ADA compliant ramps • Underground utility improvements include water and storm water - Storm water improvements extend along Comanche to tie-in to new storm at approximately Staples. ❖ Construction sequencing was specifically coordinated with school holiday period to minimize traffic impacts. Project Schedule �hrsti Engineering 2016 2017 Aug I Sep Oct Nov Dec Jan l Feb I Mar Apr I May Bid Construction Project Estimate: Calendar Days 180 N 6 Months Construction immediately adjacent to the school is planned over school holiday break (Thanksgiving thru New Years). Bike Boulevard C*It) Corpus Chr sti Engineering Bike Boulevard designation per MPO Strategic Plan for Active Mobility. Example : Hoboken, HJ AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 20, 2016 TO: Margie C. Rose, City Manager THROUGH: Mark Van Vleck, ACM for Public Works and Utilities FROM: Dan McGinn, Assistant Director, Envronmental and Strategic Initiatives DanielMc@cctexas.com 361-826-3595 Resolution supporting the Cole and Ropes Park (CARP) Implementation Plan CAPTION: Resolution by the City Council of the City of Corpus Christi supporting the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. PURPOSE: The City is a stakeholder in the water quality restoration planning for both Cole and Ropes Parks required under the Texas Commission on Environmental Quality(TCEQ) Total Maximum Daily Load (TMDL) program. The CARP is requesting support of the planning activities, as described in the IPlan, in the form of a resolution. BACKGROUND AND FINDINGS: During the August 9, 2016 Council Meeting, council members were presented with an update on the Cole and Ropes Park I -Plan. Attainment of the National Water Quality Standard is anticipated upon full implement- ation of the I -Plan. ALTERNATIVES: 1. Approval of the Resolution as recommended. 2. Disapproval the Resolution as recommended. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The contract and selection process complies with City Policy. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Grant • •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): N/A RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Letters of Support Resolution by the City Council of the City of Corpus Christi supporting the Implementation Plan for improved water quality, to reduce bacteria, developed by the Cole and Ropes Parks' Coordination Committee (CARP) for Cole and Ropes Park Beaches located in Corpus Christi Bay and the Louisiana Parkway Watershed (Watershed) in Corpus Christi, Texas. WHEREAS, the City of Corpus Christi is a coastal city valuing its shoreline for aesthetic, economic, recreation, and public health reasons; and WHEREAS, in 2012 the City of Corpus Christi was invited to participate as a stakeholder in water quality restoration planning for Cole and Ropes Park Beaches: and WHEREAS, the CARP Coordination Committee, a twelve -member stakeholder committee, was formed and elected at a public meeting held in 2012, representing thousands of basin stakeholders, including interests in business, tourism, recreation, environmental resources, public health and safety, academia, and home ownership, as well as three staff representatives from the City of Corpus Christi, and was facilitated by the Coastal Bend Bays Foundation and the Center for Coastal Studies, Texas A&M University — Corpus Christi, on behalf of the Texas Commission on Environmental Quality (TCEQ); and WHEREAS, the aforesaid "Watershed" stakeholders and entities represented in the CARP Coordination Committee,along with the Texas Commission on Environmental Quality (TCEQ), and the U.S. Environmental Protection Agency (EPA) have worked together to plan and implement voluntary and mandatory actions appropriate to community needs to improve water quality through common sense strategies that reflect the natural environment, recreational uses, and economy or the region; and WHEREAS, the TCEQ established two separate Total Maximum Daily Loads (TMDL) projects, for bacteria, otherwise known as pollution budgets, one each, for Cole and Ropes Park; and WHEREAS, the TMDL is a scientifically determination of how much pollutant the water body can naturally assimilate each day and remain healthy; and WHEREAS, the established TMDL projects will require implementation activities that will reduce existing pollutant loads from point sources and non -point sources that the TCEQ identified during development of the two TMDLs; and WHEREAS, the CARP Coordination Committee and Work Group stakeholders spent thousands of volunteer hours in meetings preparing the Implementation Plan (I -Plan) that will recommend to TCEQ a variety of activities to remedy the high levels of bacteria in both Cole and Ropes Park beaches, as identified in the two TMDL projects, and seeks resolutions of support from its members, which I—Plan is attached as Exhibit A. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF CORPUS CHRISTI: Section 1. That, the City supports the CARP I -Plan and pledges its participation to implement those activities identified in the I -Plan for which it has responsibility, using those funds that have been or may be appropriated for them. Section 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas Nelda Martinez Mayor of , 2016 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 SURFRIDER FOUNDATION Surfrider Foundation Texas Coastal Bend Chapter 122 Whiteley Drive Corpus Christi, TX 78418 (361) 937-2115 www.coastalbend.surfrider.org email: surfridertxcbc@yahoo.com Letter of Support Implementation Plan for One Total Maximum Daily Load for Bacteria at Cole and Ropes Beaches in Corpus Christi Bay (I -Plan) TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area FROM: The Texas Coastal Bend Chapter of the Surfrider Foundation, the local chapter of an international organization with vision to keep our beaches open to everyone, promote smart coastal development that avoids coastal impacts, protect special ocean and coastal places, ensure the water is clean to surf and swim and the beaches are free of plastic litter. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP (Coles and Ropes Park Coordination Committee), entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: Primary goals of the Surfrider Foundation and its Texas Coastal Bend Chapter are the preservation of our shorelines, their water quality and their access to all. For about ten years our chapter has conducted regular storm stenciling events within the City of Corpus Christi, including the Cole and Ropes Park watersheds, to remind our community that what is on our streets ends up in our Bay. The Texas Coastal Bend Chapter of the Surfrider Foundation strongly supports the proposed Bacteria Reduction Implementation Plan (I -Plan) and its voluntary approach for reducing bacteria levels in Corpus Christi Bay at Cole and Ropes Park. Our chapter and its volunteers will also continue to be ready to assist our community in improving our bay's and coastline water quality. Respectfully, De Cliff Schlabach Chair, Texas Coastal Bend Chapter of Surfrider Letter of Support Bacteria Reduction Implementation Plan For Cole and Ropes Parks, Corpus Christi, Texas TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area, City of Corpus Christi, Nueces County, Coastal Bend Council of Governments. FROM: Bay Area Smart Growth Initiative. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP, entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: Bay Area Smart Growth Initiative (BASGI) supports the Bacteria Reduction Implementation Plan for CoIe and Ropes Parks. Improved recreational water quality in the target segments of Cole and Ropes Parks is consistent with Smart Growth principles supporting benefits to the general public and preserving critical environmental areas. By: Jucjy,Telge Fa i ; tator Bay Area S art Growth Initiative Date: August 6, 2016 Letter of Support Bacteria Reduction Implementation Plan For Cole and Ropes Parks, Corpus Christi, Texas TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area. FROM: The Corpus Christi Taxpayers Association, a watchdog society active since the 1920s, organized to keep taxes, fees, and utility bills at reasonable rates that all taxpayers in the City of Corpus Christi and Nueces County can afford. Our association is an effective voice of citizens, carrying a message to elected officials that the community expects wise, not wasteful, use of tax dollars. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP, entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: The Corpus Christi Taxpayers Association supports the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. Improved recreational water quality in the target segments of Cole and Ropes Parks is consistent with our policy to support projects that benefit a majority of individuals and communities in the area affected at reasonable costs. By: • LA 40 li-Aie0A4 Dr, Gerald Sansing, President Corpus Christi Taxpayers Association Date: A aritor"; 1,14 i6 _ i'1',1,) ' COASTAL BEND BAYS FOUNDATION Board of Directors President Jace Tunnel) Exec. Vice President Danielle Converse Vice President, Environment Paul Silva Vice President, Industry Danna Hill Sharpe Vice President, Government Sharon Bailey Lewis Treasurer R. Jay Reining Secretary Colleen Johnson Delegate to CBBEP Robert B. Wallace, Jr. Delegate to ILEAC Teresa A. Carrillo Immediate Past President John S. Adams Trustees Sarah Garza Cassandra "Sandi" Hart Larry McKinney, Ph.D. Richard J. McLaughlin, Ph.D. Jim Boyle Maclovio Perez Ron Pinaire Jonas Chupe Dave Sullivan Lauren Hutchison Dick Bowers (Emeritus) Bernard A. Paulson (Dir. Emeritus) Pat Suter (Emeritus) Robert B. Wallace, Jr. (Emeritus) EXECUTIVE DIRECTOR 1227 Agnes, Ste. B-1 Corpus Christi, Texas 78401 P. (361) 882-3439 F. (361) 882-5625 E. cbbf@baysfoundation.org A Partnership for Conservation www.baysfoundation.org July 29, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from the Coastal Bend Bays Foundation for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common- sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfull Jace"unnell President ��----til PARKS & RECREATION DEPARTMENT PO Box 9277 Corpus Christi Texas 78469-9277 Phone 361-826-3460 Fax 361-880-3864 www.cetexas.com www.ceparkandrec.com Live. Learn. Plats CORPUS CHRISTI PARKS& RECREATION July 15, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.D. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from the Parks and Recreation Advisory Committee of the City of Corpus Christi for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." The Parks and Recreation Advisory Committee held their monthly meeting on Wednesday, July 13, 2016 and voted unanimously to support the I -Plan. When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012, a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee [CARP], which has been meeting since then to create the I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfully, Stacie Talbert Anaya Parks & Recreation Interim Director Date 41 I, BEND s • VW S-'4ARIEs Coastal Bend Bays & Estuaries Program, Inc. 4- • 615 N. Upper Broadway, Suite 1200, Corpus Christi, TX 78401-0749 • 361-336-0304 • 361-400-5362 (fax) July 28, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, On behalf of the Coastal Bend Bays & Estuaries Program, I am writing to offer my support for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. The efforts within Cole and Ropes Parks are an important step towards reducing bacteria in the water at Cole and Ropes Parks beaches, and supports the Coastal Bend Bays & Estuaries Program Coastal Bend Bays Plan, specifically our Water and Sediment Quality Action Plan, Habitat and Living Resources Action Plan, and our Human Uses Action Plan. We have been and will continue to work with the CARP to provide our technical and scientific expertise as needed, and we look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches. Sincerely, Raft /4eeetic Ray Allen Executive Director Coastal Bend Bays & Estuaries Program www.cbbep.org Visit our website — www.cbbep.org Letter of Support Implementation Plan for One Total Maximum Daily Load for Bacteria at Cole and Ropes Beaches in Corpus Christi Bay (I -Plan) TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area FROM: Coastal Bend Windsurfers, a group of windsurfers (list attached) who have regularly enjoyed practicing their sport at Cole and Ropes Park, some for over 25 years. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP (Coles and Ropes Park Coordination Committee), entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: Coles and Ropes Parks are some of our nation's premier windsurfing locations. Several regional and international competitions were held at Cole Park since the early eighties including the 2016 US Windsurfing Nationals organized by the US Windsurfing Association. The nearshore water quality of these parks is an obvious concern to this group and to other recreational users. For example windsurfers typically abstain from launching from these parks after rain events. Coastal Bend windsurfers wholeheartedly support the proposed Bacteria Reduction Implementation Plan (I -Plan) and its voluntary approach for reducing bacteria levels in Corpus Christi Bay at Cole and Ropes Park. Improved recreational water quality will reduce the risk of negative health impact from practicing our sport. These benefits will extend to other recreational users who enjoy these wonderful parks. Better water quality in our parks is also important for our city as our waterfront is a wonderful resource well known regionally and, in the case of Oleander Point at Cole Park, known internationally in the windsurfing community. By: Coastal Bend Windsurfers (see attached signatures) Below Coastal Bend Windsurfers signatures expressing their support for the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. Name, First Name L‘, t.ren i re,:r6 &ipr-D OCre S./ c4(iLic,(c REtJT m„J TA 12 .bkACT,6s -r Ke- 5)17 ei\ede, 0 # • Signature jr*nor-miem,_ c()1( [0 g Sh21-u+ 10 A ti6 . Residence (Street & City if not Corpus Christi) • 1`.6--6,6 cis 51 3/4/2-/e1J0?ere-br- 3 5 -KO 4,6—cAn,-- S 393& uef-/iDE 31,0 sC'sQ H Me [do Par -4 dr 3g0 (\v-od\p_scts , 04-2Atla 1%'-H Cati,Ite Pr kck 2.7kecoliiavd AM/ 6er. friff0P4 /7 ti 4fLd)9-W CLA /1-11 6CA P4-111- k( 4 y)s.))‘,AAA4 CC7648 t-(4)A451M-yit rz -8S-`1 ((( C(C) ( Below Coastal Bend Windsurfers signatures expressing their support for the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. me, Frst Name 1,61k- r,561(711( Ci-g)c TAM zc7 LJflLP TD\o-nveid-f-Lxt Signature Residence (Street & City if not Corpus Christi) v)-1 rpS 1 tP31) )14ARA f6XCIOC(((f J'on .e‘rs11/421-- PAa44--- 3 td occ rro TN .7gcto) se7 &7 J/ 74114117 7101 I /e3ct (t:e_A) M ji'de 7CP5C-2- 6 Nr -2- tyvs) t 6- 11 011.16i0-evi Jok9Lttp-a\ te_ 'PC 7S4-( c,'?) 7e -to 3e2 extrJ e r vs V4-0 LeewateS br. / ctv1A-314 Cot. puLs ClArk't4 K 184-)B '3€0 Ig Tellexo, CC7C 7P-4°1 670, //lice h Cc 7I `7,142 11) United Corpus Christi CHAMBER of COMMERCE August 30, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, On behalf of the United Corpus christi Chamber of Commerce's 1100 members, please accept this letter of support for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfully, 4014/in Annette Medlin, IOM President and CEO 1501 N. Chaparral Corpus Christi, Texas 78401 361.881.1800 www.unitedcorpuschristichamber.com League of Women Voters - Corpus Christi Area P. 0. Box 8276 • Corpus Christi, TX 78468 (361) 445-4436 htt://www.Iwv-cc.org Letter of Support Bacteria Reduction Implementation Plan For Cole and Ropes Parks, Corpus Christi, Texas TO: Texas Commission on Environmental Quality; the General Public; Civic and Governmental Organizations Interested in Bay Beaches Safety and Marine Surface Water Quality in the Corpus Christi Area [ADD OTHER ORGANIZATIONS OR SPECIFIC GOVERNMENTAL BODIES, SUCH AS THE COMMISSIONERS COURT OF NUECES COUNTY, TEXAS; AREA COGS, etc. that the SENDER may additionally identify.] FROM: The Corpus Christi League of Women Voters, a nonpartisan, political Organization, that encourages informed and active participation in government, Works to increase understanding of major public policy issues, and influences Public policy through education and advocacy. The League does not support or oppose any political party or candidate. Background: Beginning in April, 2012, the Texas Commission on Environmental Quality (TCEQ) sponsored a series of public meetings to address elevated levels of bacteria in specific parts of Corpus Christi Bay. The target areas were bay waters receiving storm water from outfalls at Cole and Ropes Parks. These problem segments include beach areas adjacent the parks. And, the segments had been designated by the US Environmental Protection Agency to join other polluted waters on the national 303(d) impaired waters list, bodies unfit for recreational use in violation of the federal Clean Water Act under applicable water quality standards. In June 2012, attendees at the third public meeting elected stakeholder participants to collaborate in work groups over four years to devise a bacteria reduction plan to help bay water adjacent Cole and Ropes Parks comply with recreational standards. The stakeholder participants, who dubbed themselves CARP, entered into an action Guideline agreement that pledged their continued work and plan review into the future in additional five (5) year increments. The current plan was finalized in March, 2016. STATEMENT OF SUPPORT: We, the League of Women Voters of Corpus Christi, Texas, support the Bacteria Reduction Implementation Plan for Cole and Ropes Parks. Improved recreational water quality in the target segments of Cole and Ropes Parks is consistent with the League of Women Voters' Policy Positions for Natural Resources, developed over the years, reviewed and affirmed by members at the May 2016 Annual Meeting. By: Dr. Ma ,bane Garza, P? sident Date: ?GJ, Corpus Christi - Nueces County Public Health District Support Services Division -Administration 1702 Horne Rd., Corpus Christi, TX 78416 Phone: 361-826-7205 Fax: 361-826-1343 PublicHealth Prevent. Promote. Protect. August 10, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from William Burgin JR MD for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final 1 -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this !-Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitcrs. Respectfully, William Burgin JR MD Name LOCAL HEALTH AUTHORITY CC-NCPHD Tittle August 10, 2016 Date v+' C PUS CHRISTI O CONVENTION&VISITORS BUREAU August 8, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (1 -Plan) Dear Mr. Loft, Please accept this letter of support from Corpus Christi Convention & Visitors Bureau for the "implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (1 -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final 1 -Plan. We believe the 1 -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this !-Plan. We look forward to the positive results this 1 -Plan will have for reducing bacteria at Cole and Ropes Paribeaches, thus ensuring the safety and health of our community members and visitors. Respectfully, — 1 Paulette Kluge CEO VisitCorpusChristiTX.org Sierra Club Coastal Bend Group PO Box 3512 Corpus Christi, TX 78463 August 8, 2016 Mr. Chris Loft Total Maximum Daily Load Program Texas Commission on Environmental Quality MC -203 P.O. Box 13087 Austin, TX 78711-3087 RE: Letter of Support for Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan) Dear Mr. Loft, Please accept this letter of support from the Sierra Club Coastal Bend Group for the "Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay (I -Plan)." When water testing at the Cole and Ropes Parks beaches revealed that bacteria levels in the water exceeded water quality standards for recreational use, the beaches landed on EPA's 303(d) list for polluted waters. In July 2012 a community -led stakeholder group was formed, the Cole and Ropes Parks Bacteria Reduction Implementation Plan Coordination Committee (CARP), which has been meeting since then to create the final I -Plan. We believe the I -Plan lays out reasonable and measurable steps to improve water quality at the Parks' beaches. We also believe that implementation of this common-sense, voluntary approach, would benefit residents and visitors alike to the city of Corpus Christi, by reducing bacteria in the water at Cole and Ropes Parks beaches. Cleaner, safer water at our City park beaches is both a highly desirable and achievable outcome of this I -Plan. We look forward to the positive results this I -Plan will have for reducing bacteria at Cole and Ropes Parks beaches, thus ensuring the safety and health of our community members and visitors. Respectfully, _furs-.%Gff Lois Huff, Chair Sierra Club Coastal Bend Group ____ __ _ . ... . _._ pi iftij TCEO Approved Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Segments 2481CB_o3 and 2481CB_04 Water Quality Planning Division, Office of Water TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Distributed by the Total Maximum Daily Load Section Texas Commission on Environmental Quality MC -2o3 P.O. Box 13087 Austin, Texas 78711-3087 TMDL Implementation Plans are also available on the TCEQ Web site at: www.tceq.texas.gov/implementation/water/tmdl/ The preparation of this Implementation Plan was financed in part through grants from the U.S. Environmental Protection Agency. And in large part on the recommendations of the Cole and Ropes Park Coordination Committee Stakeholder Group, Facilitated by the Center for Coastal Studies at Texas A&M University -Corpus Christi Agencies that participated in the development of this document include: Texas Commission on Environmental Quality This Implementation plan is based in part on reports prepared for the TCEQ by: • Implementation Plan for Eight Total Maximum Daily Loads for Indicator Bacteria in Dickinson Bayou and Three Tidal Tributaries • Implementation Plan for Seventy -Two Total Maximum Daily Loads for Bacteria in the Houston -Galveston Region In compliance with the Americans with Disabilities Act, this document may be requested in alternate formats by contacting the TCEQ at 512/239-0028, Fax 239-4488, or 1 -800 -RELAY -TX (TDD), Or by writing P.O. Box 13087, Austin, TX 78711-3087 ii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table Contents Table Contents List of Figures vi List of Tables vii List of Commonly Used Acronyms x Acknowledgements xii CARP Members xii CARP Alternates xii Past CARP Members xiii Past CARP Alternates xiii CARP Support xiii Past CARP Support xiii Executive Summary 1 Management Measures (Voluntary Activities) 3 Control Actions (Regulatory Activities) 4 Introduction 5 Watershed Overview 6 Figure 1. Location of Cole and Ropes Parks 7 Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 9 Texas Beach Watch Program Bacteria Sampling 9 Summary of TMDLs 10 Pollutant Sources and Loads 10 Pollutant Load Allocation 13 Waste Load Allocation (WLA) 13 Load Allocation (LA) 15 Total Maximum Daily Load (TMDL) 15 Implementation Strategy 17 Adaptive Implementation 17 Activities and Milestones 18 Management Measures and Control Actions 19 Management Measures (Voluntary Activities) 19 Control Actions (Regulated Activities) 20 Management Measure 1.0: Education and Outreach 21 Management Measure 1.1: General Awareness 22 Management Measure 1.2: Leave It Better Than You Found It 23 Management Measure 1.3: Pet Waste Disposal 24 iii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 1.4: Prevent Intentional Dumping and Disposal 25 Management Measure 1.5: Slow the Flow (Low Impact Development) Initiative 26 Management Measure 2.0: Monitoring 31 Management Measure 2.1: Continue Sampling Enterococcus Levels at Cole and Ropes Parks 31 Management Measure 2.2: Collect Rainfall Data Near Cole and Ropes Parks 33 Management Measure 2.3: Conduct Stormwater Outfall Flow Sampling 34 Management Measure 3.0: Research 38 Management Measure 3.1: Evaluate Methods to Remove Bacteria with Green Infrastructure39 Management Measure 3.2: Bacterial Source Tracking 40 Management Measure 3.3: Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions 41 Management Measure 3.4: Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303(d) List 42 Management Measure 3.5: Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the Use of Dye Testing 43 Management Measure 3.6: Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 44 Management Measure 4.0: Wastewater Collection Systems 50 Management Measure 4.1: Enhance Existing Fats, Oil & Grease (FOG) Program 50 Management Measure 4.2: Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 51 Management Measure 4.3: Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 52 Management Measure 4.4: Implement an Ongoing Inflow and Infiltration Study 53 Management Measure 4.5: Conduct Hydraulic Modeling of Collection System 54 Management Measure 5.0: Stormwater Drainage System 60 Management Measure 5.1: Determine Effectiveness of Stormwater Retrofits* to Remove Bacteria 60 Management Measure 5.2: Continue the Major Outfall Assessment and Repair Program as Funding Allows 62 Management Measure 5.3: Support and Encourage the Adoption of Stormwater Master Plan 63 Management Measure 6.0: Ordinance and Regulation 66 Management Measure 6.1: Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program 66 Management Measure 6.2: Commercial Cross -Connection Inspection Program 68 Management Measure 6.3: Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program 69 Management Measure 6.4: Improved Grease Trap Standards 71 Management Measure 6.5: Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes 72 Management Measure 6.6: Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 73 iv Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.7: Install Additional Signage 74 Management Measure 6.8: Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 75 Management Measure 6.9: Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks 76 Management Measure 6.10: Adopt and Enforce Additional Ordinances 78 Management Measure 6.11: Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment 80 Control Actions 1.0: Wastewater Collection Systems 89 Control Action 1.1: Continue Existing Fats, Oil & Grease (FOG) Program 89 Control Action 1.2: Continue Monitoring Sanitary Sewer Overflows (SS0s) 90 Control Action 1.3: Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation 91 Control Actions 2.0: Stormwater Drainage System 94 Control Action 2.1: Continue Existing Stormwater Programs 94 Control Action 2.2: Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 95 Control Actions 3.0: Ordinance and Regulation 98 Control Action 3.1: Eliminate Residential Cross -Connections 98 Sustainability 103 Water Quality Indicators 103 Implementation Milestones 104 Communication Strategy 104 References 106 Appendix A. I -Plan Matrix 107 Appendix B. Load Reduction Estimates 117 Appendix C. Formal Support for the I -Plan 122 v Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Figures Figure 1. Location of Cole and Ropes Parks 7 Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. 8 Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. 9 vi Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Tables Table 1. Water Quality Inventory Assessment Data 10 Table 2. Percentages of Each AU Designated as an Urbanized Area 14 Table 3. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park 14 Table 4. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in Billions MPN/day.) 16 Table 5. MM 1.1. General Awareness. Implementation timeline schedule. 23 Table 6. MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. 24 Table 7. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. 25 Table 8. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule 26 Table 9. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. 27 Table 10. Summary of Management Measure 1.0: Education and Outreach 28 Table 11. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. 32 Table 12. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. 34 Table 13. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule 35 Table 14. Summary of Management Measure 2.0: Monitoring 36 Table 15. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. 40 Table 16. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. 41 Table 17. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule 42 Table 18. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. 43 Table 19. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule. 44 Table 20. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. 46 Table 21. Summary of Management Measure Research 47 vii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 22. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 51 Table 23. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 52 Table 24. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 53 Table 25. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. 54 Table 26. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. 55 Table 27. Summary of Management Measure: Wastewater Collection Systems 57 Table 28. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. 61 Table 29. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule 63 Table 30. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. 64 Table 31. Summary of Management Measure: Stormwater Drainage System] 65 Table 32. MM 6.1. Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule. 67 Table 33. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. 69 Table 34. MM 6.3 Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. 71 Table 35. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. 72 Table 36. MM 6.5. Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes. Implementation timeline schedule. 73 Table 37. MM 6.6. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals. Implementation timeline schedule 74 Table 38. MM 6.7. Install Additional Signage. Implementation timeline schedule. 75 Table 39. MM 6.8. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings and Immediately After Rainfall. Implementation timeline schedule 76 Table 40. MM 6.9. Restrict Access to Bay Waters from City Parks and Other Bay Front City Properties During Periods of Significant Public Health Risks. Implementation timeline schedule. 78 viii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Table 41. MM 6.10. Adopt and Enforce Additional Ordinances. Implementation timeline schedule 79 Table 42. MM 6.11. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule 80 Table 44. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. 90 Table 45. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. 91 Table 46. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 92 Table 47. Summary of Control Action Wastewater Collection Systems 93 Table 48. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule 95 Table 49. CA 2.2. Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. 96 Table 50. Summary of Control Action: Stormwater Drainage System] 97 Table 51. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule 99 Table A-1. CARP Watershed Monitoring and Assessment — Implementation Schedule and Tasks 108 Table B-1. CARP Watershed Load Reduction Estimates 118 ix Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay List of Commonly Used Acronyms A/E AU BEACH BMP CA CARP CBBEP CBBF CBCOG CCNCPHD CCS CCTV CFU CFS CIP CITY CMOM CMP DNA DWL EC EMC EPA FG FOG FSE ft. GIS GLO HEM I&I IA I -Plan LA LID LDC LF MM mL MGD MOS Architectural and Engineering Assessment Unit Beaches Environmental Assessment, Closure, and Health Best Management Practice Control Action Cole and Ropes Parks Coastal Bend Bays & Estuaries Program Coastal Bend Bays Foundation Coastal Bend Council of Governments Corpus Christi Nueces County Public Health District Center for Coastal Studies Closed Circuit Televising Colony -forming units Cubic Feet Per Second Capital Improvements Program City of Corpus Christi Capacity Assurance, Management, Operation and Maintenance Coastal Management Program Deoxyribonucleic Acid Dry Weather Loading Event Concentration Event Mean Concentration Environmental Protection Agency Future Growth Fats, Oil & Grease Food Service Establishments Feet Geographic Information System General Land Office Hexane Extractible Material Inflow and Infiltration Implementation Activity Implementation Plan Load Allocation Low Impact Development Load Duration Curve Linear Feet Management Measure Milliliter Million Gallons Per Day Margin of Safety Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay MPN Most Probable Number MS4 Municipal Separate Storm Sewer System MST Microbial Source Tracking NELAC National Environmental Laboratory Accreditation Conference NPDES National Pollutant Discharge Elimination System NPS Nonpoint Source NRA Nueces River Authority PCR Polymerase Chain Reaction OSSF On -Site Sewage Facility PSA Public Service Announcements QAPP Quality Assurance Project Plan qPCR Quantitative Polymerase Chain Reaction RDII Rainfall Dependent Inflow/Infiltration SEA Saltwater Fisheries Enhancement Association SEP Supplemental Environmental Project SSMD Single Sample Maximum Density SSO Sanitary Sewer Overflow SWMP Stormwater Management Plan SWQMIS Surface Water Quality Monitoring Information System TAC Texas Administrative Code TAMUCC Texas A&M University -Corpus Christi TBD To Be Determined TBWP Texas Beach Watch Program TCEQ Texas Commission on Environmental Quality TIDRC Texas Illegal Dumping Resource Center TMDL Total Maximum Daily Load TPDES Texas Pollutant Discharge Elimination System TPWD Texas Parks and Wildlife Department TX Texas UDC Unified Development Code USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service WLA Waste Load Allocation WQMP Water Quality Management Plan WWTF Wastewater Treatment Facility xi Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Acknowledgements CARP Members Luz Lumb, Chair, Recreation Philippe Tissot, Recreation Kori Ellien, City of Corpus Christi Sharon Lewis, City of Corpus Christi Temple Williamson, City of Corpus Christi Wastewater Rosario Martinez Environmental, Coastal Bend Bays & Estuary Program CARP Alternates Adriana Leiva, Recreation Leo Trevino, Environmental, Coastal Bend Bays & Estuary Program Gabriel Ramirez, City of Corpus Christi Daniel McGinn, City of Corpus Christi Jay Reining, Environmental Gerald Sansing, Home Owners Preeti Shrestha, City of Corpus Christi Chris Tweedle, Academia Sally Farris, Co -Chair Home Owners James Klein, Environmental Meredith Darden, Tourism, Convention and Visitors Bureau Craig Thompson, Business & Industry Kelly White, Academia Dr. William Burgin, Public Health Florence Tissot, Recreation Rae Mooney, Environmental, Coastal Bend Bays & Estuary Program T.J. Carpenter, Visitors Bureau Ashleigh Higson, Tourism, Convention and Visitors Bureau Sandra Heatherley, Home Owners Lillian Bass, Academia Donna Rosson, Public Health Annette Rodriguez, Public Health xii Draft Implementation Plan for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Past CARP Members Jace Tunnell, Environmental, Coastal Bend Bays & Estuary Program Bill Green, City of Corpus Christi Past CARP Alternates Valerie Gray, City of Corpus Christi CARP Support Teresa Carrillo, Center for Coastal Studies, Texas A&M University -Corpus Christi Brien Nicolau, Center for Coastal Studies, Texas A&M University -Corpus Christi Erin Hill, Center for Coastal Studies, Texas A&M University -Corpus Christi Past CARP Support Ismael Nava, Coastal Bend Bays Foundation Daniel Ryne Lucio, Coastal Bend Bays Foundation Danielle Converse, City of Corpus Christi Bob Blair, Business & Industry Tim Stephens, Business & Industry Lauren Young, Texas Commission on Environmental Quality Chris Loft, Texas Commission on Environmental Quality Ron Stein, Texas Commission on Environmental Quality Roger Miranda, Texas Commission on Environmental Quality Debbie Grimaldi, Coastal Bend Bays Foundation In Memory of Peggy Sumner, 1955-2013, First CARP Chair Earl! Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay C Implementation Plan for Two Total Maximum Daily Loads for Bacteria at Cole and Ropes Parks Beaches in Corpus Christi Bay Executive Summary On date, the Texas Commission on Environmental Quality adopted Two Total Maximum Daily Loads for Bacteria (TMDL) on Cole and Ropes Parks Beaches in Corpus Christi Bay (Segment 2481). The TMDL was approved by the U.S. Environmental Protection Agency (USEPA) on month, day, year. Implementation activities within this plan specifically target beaches at Cole Park (Segment 2481CB_o3) and Ropes Park (Segment 2481CB_o4) beaches located along the southern shoreline of Corpus Christi Bay. The Cole and Ropes Park Coordination Committee (CARP) is a group of interested citizens, private organizations, local businesses and federal, state, and local governments who work together to protect the health of Corpus Christi Bay at Cole and Ropes Park. The CARP Bacteria Reduction Implementation Plan Committee stakeholder group directing the I -Plan formed four work groups to determine appropriate activities and schedules to accomplish the Management Measures (MM) and Control Activities (CA) described in the plan. Management Measures refer to strategies for reducing unregulated pollutants, generally through voluntary Best Management Practices (BMPs), while Control Actions refer to regulated source reduction strategies, generally through Municipal Separate Storm Sewer System (MS4) permits. The work groups formed were (1) City Infrastructure, (2) Education and Outreach, (3) Ordinances and Regulations, and (4) Monitoring and Research. Collectively, the CARP stakeholder group and work groups held 61 meetings to develop this I -Plan. The CARP Committee has identified Management Measure 3.2: Bacterial Source Tracking as the first priority activity for implementation. Because many of the Management Measures and Control Actions recommended in this I -Plan address specific potential bacterial sources, results from bacterial source tracking will guide the prioritization and implementation of subsequent activities and allow for wise allocation of limited resources throughout the implementation of the I - Plan. Texas Commission on Environmental Quality 1 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay The ultimate goal of this I -Plan is to restore the contact recreation uses in Segments 2481 CB o3 and CB o4 of the Cole and Ropes Parks beaches by reducing concentrations of bacteria to levels established in the TMDL. The TMDL identified potential regulated and unregulated sources of the indicator bacteria Enterococcus. This Implementation Plan, or I -Plan: • describes the Management Measures and Control Actions the watershed stakeholders and the TCEQ propose to implement with the ultimate goal of the bacteria pollutant reductions necessary to restore and protect water quality, • identifies the means by which these activities may be implemented, • proposes a schedule for implementation of these activities, and • describes how stakeholders and the TCEQ propose to track implementation of these activities and monitor improvements in water quality. This I -Plan includes 33 Management Measures with 6 Control Actions that may be used to reduce bacteria in the Cole and Ropes Park watershed. Management Measures are related to managing nonpoint sources (unregulated), such as working to identify On Site Sewage Facilities (OSSFs) in the watershed. Control Actions are related to point sources (regulated discharges), such as industrial or domestic wastewater treatment facilities and permitted stormwater discharges. Discharges from the City of Corpus Christi's Municipal Separate Storm Sewer System (MS4) into Corpus Christi Bay at Cole and Ropes Parks beaches are regulated under a Texas Pollutant Discharge Elimination System (TPDES) permit. Unregulated sources that could contribute to the bacteria load in the Cole and Ropes Park watershed include nesting and loafing birds at the sample site and beaches, and unmanaged pet and wildlife animal waste. The TCEQ will track the progress of this voluntary I -Plan in restoring the affected Recreational Beach use. Water quality data will continue to be collected by the Texas General Land Office (GLO) who administers the Texas Beach Watch Program (TBWP) and is responsible for notifying the public when water quality standards for pathogens or pathogen indicators are exceeded. TCEQ is provided with a compilation of all beach data collected and analyzed by GLO under the TBWP and will continue to identify trends and compliance with the water quality standard in order to protect human health by identifying beaches with persistent advisories. If persistent advisories continue, and standards are not attained, the Texas Commission on Environmental Quality 2 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay TCEQ and watershed stakeholders should reevaluate the TMDL and the I -Plan and take appropriate action. The TCEQ will report the results of implementation tracking and evaluation in its biennial program status report and at regional forums. Management Measures (Voluntary Activities) 1. General Awareness 2. Leave It Better Than You Found It 3. Pet Waste Disposal 4. Prevent Intentional Dumping and Disposal 5. Slow the Flow (Low Impact Development) Initiative 6. Continue Sampling Enterococcus levels at Cole and Ropes Parks 7. Collect Rainfall Data Near Cole and Ropes Parks 8. Conduct Stormwater Outfall Flow Sampling 9. Evaluate Methods to Remove Bacteria with Green Infrastructure 10. Bacterial Source Tracking 11. Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions 12. Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List 13. Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing 14. Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 15. Enhance Existing Fats, Oil & Grease (FOG) Program 16. Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 17. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 18. Implement an Ongoing Inflow and Infiltration Study 19. Conduct Hydraulic Modeling of Collection System 20. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 21. Continue the Major Outfall Assessment and Repair Program as Funding Allows 22. Support and Encourage the Adoption of Stormwater Master Plan 23. Residential Leaking/ Broken Private Sewer Laterals Pre -Sale Inspection/ Testing Program Texas Commission on Environmental Quality 3 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 24. Commercial Cross -Connection Inspection Program 25. Commercial Leaking/ Broken Sewer Laterals Pilot Inspection/ Testing Program 26. Improved Grease Trap Standards 27. Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes 28. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 29. Install Additional Signage 3o. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 31. Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks 32. Adopt and Enforce Additional Ordinances 33. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment Control Actions (Regulatory Activities) 1. Continue Existing Fats, Oil & Grease (FOG) Program 2. Continue Monitoring Sanitary Sewer Overflows (SS0s) 3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation 4. Continue Existing Stormwater Programs 5. Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 6. Eliminate Residential Cross -connections For each of the measures and actions, this plan identifies the responsible parties, technical and financial needs, monitoring and outreach efforts, and a schedule of activities. The time line for activities is by tiers; Tier 1 (1-5 years), Tier 2 (5-10 years), and Tier 3 (10-15 years). Implementation of the Management Measures will largely be dependent upon the availability of funding. The stakeholders and TCEQ will review progress under the TCEQ's adaptive management process. The plan may be adjusted periodically as a result of progress reviews. Texas Commission on Environmental Quality 4 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Introduction To keep Texas' commitment to restore and maintain water quality in impaired rivers, lakes, and bays, the TCEQ works with stakeholders to develop an I -Plan for each adopted TMDL. A TMDL is a technical analysis that: • determines the amount of a particular pollutant that a water body can receive and still meet applicable water quality standards, and • sets limits on categories of sources that will result in achieving standards. • TMDLs are the best possible estimates of the assimilative capacity of the water body for a pollutant under consideration. This I -Plan is designed to propose activities that may achieve the water quality goals for the Cole and Ropes Parks beaches watershed as defined in the TMDL. It is a voluntary, flexible tool that governmental and nongovernmental organizations involved in implementation may use to guide their activities to improve water quality. The participating partners may accomplish the activities described in the plan through rule, order, guidance, or other appropriate formal or informal action. The Cole and Ropes Park Coordination Committee (CARP) is a group of interested citizens, private organizations, local businesses and federal, state, and local governments who work together to protect the health of Corpus Christi Bay at Cole and Ropes Park. The CARP advised the TCEQ on the development of the bacteria TMDL and continued to advise the TCEQ during development of this I - Plan. This I -Plan contains the following components: i) A description of proposed Management Measures and Control Actions that may be implemented to achieve the water quality standards. 2) A recommended schedule for implementing activities (Appendix A). 3) The responsible organization under which the participating agencies may require implementation of the Control Actions. 4) A follow-up tracking and monitoring plan to determine the effectiveness of the Control Actions and Management Measures undertaken. 5) Identification of measurable outcomes the TCEQ and stakeholders will use to determine whether the I -Plan has been properly executed, water quality standards are being achieved, or the plan needs to be modified. 6) Identification of the communication strategies the TCEQ will use to disseminate information to stakeholders. Texas Commission on Environmental Quality 5 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 7) A review strategy that stakeholders will use to periodically review and revise the plan to ensure there is continued progress in improving water quality. This I -Plan also includes possible causes and sources of the bacteria impairment, Management Measure and Control Action descriptions, estimated potential load reductions, technical and financial assistance needed, educational components for each measure and action, schedule of implementation, measurable milestones, indicators to measure progress, monitoring components, and responsible organization outlined in the Nonpoint Source Program Grants Guidelines for States and Territories (EPA, 2004). Consequently, projects developed to implement nonpoint source (unregulated) elements of this plan that also meet the grant program conditions may be eligible for funding under the EPA's Section 319(h) incremental grant program. Watershed Overview In 2008, based on data collected under the Texas Beach Watch Program, EPA took action to list Corpus Christi Bay (Segment 2481) on the 3o3(d) List of Impaired Waters for bacteria and subsequently listed the entire water body in Category 5a, meaning a TMDL will be scheduled. Upon request by TCEQ, EPA reconsidered listing the entire Corpus Christi Bay segment and changed the listing to include only beaches at Cole Park and Ropes Park, and designated them into separate assessment units (Segment 2481CB_o3 and 2481CB_o4, respectively) (Figure 1). In addition, the listing category changed to 5c, meaning additional bacteria data were needed before a TMDL is conducted. These actions resulted in establishment and TCEQ funding for the project: "TMDL Investigation for Bacteria in Corpus Christi Bay Beaches". This I -Plan addresses the impaired Assessment Units (AUs) and the watershed of the main area of those AUs. There are twelve main sub -watersheds that affect Cole and Ropes Park AU's, totaling 4415 acres of urban land that discharges to Corpus Christi Bay. Texas Commission on Environmental Quality 6 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Figure 1. Location of Cole and Ropes Parks. Cole Park Cole Park, Segment 2481CB_o3, is 43 acres in size and is owned and operated as a public park by the City of Corpus Christi. The park sits on the edge of Corpus Christi Bay (Figure 2). The park's facilities include 3 separate parking lots, totaling approximately 25o parking spots, a skate park, new children's playground, fishing pier, amphitheater, restroom facilities, and numerous park benches and picnic tables. The shoreline consists of approximately 1,80o ft. of rock rubble, 30o ft. of sandy beach, and the remainder consists of concrete bulkhead with large rocks and obstructions with little to no access to the water. There is one large (9.5 ft. high by 11 ft. wide) stormwater outfall located in Cole Park that serves the Baldwin -Louisiana drainage basin. Three other stormwater outfalls are present along the shoreline within the boundaries of the park. Windsurfers and kite boarders utilize Oleander Point (south end) part of Cole Park for bay access. Ropes Park Ropes park, Segment 2481CB_o4, is 3.5 acres in size and is owned and operated as a public park by the City of Corpus Christi. This park also sits on the edge of Corpus Christi Bay (Figure 3). The park's facilities include 6 parking spaces. The park hosts a stairway down to the water and park benches for sitting. There is almost 1,000 ft. of shoreline, including 26o ft. of sand with the remainder comprised of large pieces of concrete rubble. The park sits on top of an Texas Commission on Environmental Quality 7 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay approximately 3o ft. bluff overlooking the water. There are two small stormwater outfalls located at this park. There is also a large (12 ft. high by 11 ft. wide) stormwater outfall located approximately 85o ft. south of Ropes Park which serves the Horne-Brawner Drainage Basin. Ropes Park is commonly used by windsurfers for bay access to launch their equipment. Figure 2. Cole Park with Louisiana Parkway stormwater outfall and the Oleander Point location. Texas Commission on Environmental Quality 8 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Figure 3. Ropes Park and the location of the Brawner Parkway stormwater outfall. Texas Beach Watch Program Bacteria Sampling Currently, the Texas General Land Office (GLO) administers the Texas Beach Watch Program (TBWP) and collects water samples through contract, from 164 stations at 62 recreational beaches along the Texas coast in Aransas, Brazoria, Cameron, Galveston, Jefferson, Kleberg, Matagorda, Nueces, and San Patricio Counties. Sample collection occurs weekly (one time at each station) during the peak beach season from May through September and bi-weekly from October through April with water samples collected at approximately o.6 m (2 ft.), or knee depth. The GLO maintains a website at http://texasbeachwatch.com/ where maps and bacteria water quality information are available. Bacteria results are updated each time sample data are entered into the TBWP database. Local government entities typically post Beach Watch advisory signs at beach access points and issue advisories that warn the public not to swim in affected waters when bacterial levels are exceeded. TBWP advisories are recommended when a single sample exceeds EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony - forming units (CFU) or most probable number (MPN)/loo mL Once issued, that beach is subject to continued monitoring every 24 hours until bacteria levels fall to <104 CFU or MPN/loo ml. Advisories last for 24 hours, and are extended if bacteria levels continue to exceed SSMD recommended levels. All samples are collected under a quality assurance project plan (QAPP) consistent with TCEQ bacteria collection and analysis protocols and analyzed for enterococci bacteria using EPA's Method i600 or the IDEXX Enterolert® system. TCEQ is provided with a compilation of all beach data collected and analyzed by GLO under the TBWP. Based on total number of samples for each beach and the number of days each beach is under an advisory, TCEQ assesses each individual year within the multi-year assessment period of record. For all available data, the total number of advisory days is divided by the total number of samples collected. If there are numerous sites monitored at one beach area, only one advisory is counted per beach per day. All impairments identified using this method are categorized as 5a (available data and/or information indicate at least one designated or existing use is not being supported and necessary TMDLs are underway or scheduled) due to human health considerations. TCEQ proposes including the TBWP information in the 303(d)/305(b) assessment process in order to protect human health by identifying beaches with persistent advisories. Assessment would consist of identifying the percentage of days each beach has an advisory. The recreation use is not supported if the geometric mean of the samples collected over the assessment period exceeds the criterion (35 CFU or MPN/loo ml) or if the criteria for individual samples (104 Texas Commission on Environmental Quality 9 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay CFU or MPN/ioo ml) are exceeded greater than 25 percent of the time. TCEQ then categorizes the data according to the following scale; Beach advisories <25% of the time—Fully Supporting Beach advisories 20-25% of the time—Concern and Fully Supporting. Beach advisories < 20% of the time—Delisted and Fully Supporting. Beach advisories >_ 25% of the time—Not Supporting. Summary of TMDLs This section summarizes sections of the Corpus Christi Bay Beaches Bacteria TMDL. Additional background information, including the problem definition, endpoint identification, source analysis, linkages between sources and receiving waters, and seasonal variation can be found in the Corpus Christi Bay Beaches Bacteria TMDL (TCEQ, 2016). Table 1 provides a summary of the water quality inventory assessment data for bacteria in Corpus Christi Bay at Coles and Ropes Parks. Table 1. Water Quality Inventory Assessment Data. Description Segment AU Indicator Bacteria Geometric Mean Criterion (mpn/100mL) Single Sample Maximum Criterion (mpn/100mL) % Single Sample Exceeded Cole Park 2481 2481CB_03 Enterococci 35 104 25 Ropes Park 2481 2481CB_04 Enterococci 35 104 25 Pollutant Sources and Loads Potential Pollutant Sources Pollutants may come from several sources, both point and nonpoint. Point source pollution comes from a single definable point, such as a pipe, and is regulated by permit under the TPDES. Wastewater and stormwater discharges from industries, construction, and municipal separate storm sewer systems are considered point sources of pollution. Nonpoint source (NPS) pollution originates from multiple locations, usually carried into surface waters by rainfall runoff. Nonpoint sources are not regulated by permit. Texas Commission on Environmental Quality 10 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 1. Construction site discharges Mobilized sediment associated with construction sites in the Cole and Ropes Park watershed may be deposited in Corpus Christi Bay via surface runoff or from stormwater runoff. Increased suspended solids in the form of sediment have been correlated to increased bacteria levels in receiving water bodies (Sawyer et al. 2010). 2. Bacteria regrowth Studies have shown biofilm regrowth of enterococci does occur in street gutters and storm drains and are contributors to elevated bacteria levels during surface runoff events (Skinner et al. 2010). 3. Sediment re -suspension Bacteria in natural waters exist in two forms, (1) free-living or (2) attached and adsorbed to sediment particles (Yang, L et al. 2008). Bacteria in bottom sediments can reenter the water column via perturbations that cause sediment resuspension resulting in the reabsorption of bacteria onto the surface of available suspended sediments. Perturbation that can cause sediment resuspension in Corpus Christi Bay at Cole and Ropes Park include wave conditions (i.e. calm conditions resulting in low bacteria levels and rough wave conditions resulting in high levels), stormwater inflow through drain pipes, surface runoff, human recreation, and animals. 4. Dry weather discharges/illicit discharges into and from storm sewers Illicit dry weather flows originate from many sources and may include wastewater, industrial and commercial discharges, cross -connections between stormwater and sanitary sewer systems, irrigation practices from landscaping, illegal dumping, failing septic tanks, and vehicle maintenance activities (i.e. car washing, waste oil). 5. Sanitary Sewer Overflows (SSOs) SSOs are releases of untreated wastewater, including domestic, commercial, and industrial wastewater. They are permit violations that must be addressed by the responsible TPDES permittee. SSOs usually occur as the result of a break, blockage, or exceedance of capacity in the sanitary sewer conveyance system. SSOs have the potential to enter the stormwater conveyance system and may be transported to Corpus Christi Bay. 6. Stormwater Sources Stormwater is regulated by the state and federal government only in areas designated by the EPA as "Urbanized Areas" (UAs) belonging to organizations regulated as Municipal Separate Storm Sewer Systems Texas Commission on Environmental Quality 11 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay (MS4s). Best management practices (BMPs) and participation in existing conservation and cost -share management programs is the most feasible option to control these sources of pollution. Promoting the use of BMPs and expanding participation in management programs in Corpus Christi can help lower bacteria levels in waterways. Promotion of BMPs could also help lower bacteria levels in the Cole and Ropes Parks drainage basins where commercial and residential development has occurred, as the density of pets (dogs and cats) is directly linked to population and urbanization. 7. Animal Sources (Wildlife) Bacteria loads from animal sources (birds, livestock, wildlife, etc.) are identified in the Corpus Christi Bay Beaches TMDL report as nonpoint sources of concern. Failure to properly manage these sources may increase bacterial loads to Corpus Christi Bay in the future. Areas of concern include the potential for bacteria to attach to sediments in stormwater runoff, and animals' direct deposition of fecal waste on the beaches or in the watershed. 8. Domestic Pets The most common domestic pets are dogs and cats; however, there are many other types of animals that are also kept as pets in the Coles and Ropes Park watersheds. There are over 9052 dogs, 10,301 cats and numerous other animals (goats, sheep, rabbits, ponies, etc.) in the CARP watersheds. Pet waste contributes substantial amounts of bacteria to surface waters. Feces left in parks, yards or on sidewalks gets washed off by rain water and carried into storm drains. These storm drains lead directly to Corpus Christi Bay and associated beaches. Water carried through these drains may deposit feces, bacteria and other harmful pollutants into the water where people recreate on the beaches at Coles and Ropes Park. 9. Domestic and Industrial Wastewater Treatment Facilities In most cases, domestic and industrial wastewater treatment facilities may be potential sources of pollutants. In this case, the watershed has been serviced by a municipal sanitary sewer system since the 1940's and all sanitary waste water is conveyed out of the watershed and is not discharged to the beaches. The City of Corpus Christi has no plans to change this system and the limited space within the watershed precludes the possibility that a WWTF will be constructed within the watershed and sanitary wastewater will be discharged to the beaches. Texas Commission on Environmental Quality 12 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Pollutant Load Allocation The TMDL represents the maximum amount of a pollutant that the bay can receive in a single day without exceeding water quality standards. The pollutant load allocations for the selected scenarios were calculated using the following equation: TMDL = EWLA + ELA + MOS Where: E WLA = Sum of waste load allocation, the amount of pollutant allowed by permitted or regulated dischargers E LA = Sum of load allocation, the amount of pollutant allowed by unregulated or unregulated sources MOS = margin of safety The equation is used to allocate loads among different sources of a pollutant. Waste load allocations are determined for point sources. These point sources include permitted stormwater runoff and other point sources. Load allocations for nonpoint sources generally include background loads, upstream loads, any stormwater runoff not subject to permit, on-site sewage facility loads, and other nonpoint sources such as animal deposition and leaking wastewater infrastructure. Allocated loads for all TMDLs covered by this document can be found in Appendix B. The MOS is designed to account for any uncertainty that may arise in specifying water quality control strategies for the complex environmental processes that affect water quality. Quantification of this uncertainty, to the extent possible, is the basis for assigning an MOS. Waste Load Allocation (WLA) The waste load allocation is the sum of loads from regulated sources. WWTFs TPDES-permitted wastewater treatment facilities within the TMDL watershed are allocated a daily waste load (WLAwwrr) based on the full permitted flow of each facility. The TMDL watershed has been serviced by a municipal sanitary sewer system since the 1940's. All sanitary waste water is conveyed out of the watershed and is not discharged to the beaches. The City of Corpus Christi has no plans to change this system and the limited space within the watershed precludes the possibility that a WWTF will be constructed within the watershed and sanitary wastewater will be discharged to the beaches. Because of this the waste load allocation for each impaired beach will be: WLAWWTF = 0 Texas Commission on Environmental Quality 13 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 2. Percentages of Each AU Designated as an Urbanized Area. AU Total watershed area under MS4 (acres) Percentage AU Permitted for Stormwater 2481CB_o3 2041 loo 2481CB_04 7 loo Sub -basins Influencing AU's 2367 100 Total 4415 loo Table 3. MS4 Permittees in Corpus Christi Bay at Coles and Ropes Park. AU Permit Number Permittee AU Feet 2481CB_03 NPDES No. TXS00601; TPDES Permit No. WQ0004200000 City of Corpus Christi 5897 2481CB_04 NPDES No. TXS00601; TPDES Permit No. WQ0004200000 City of Corpus Christi 987 Regulated Stormwater The absence of WWTF discharges limits the TMDL allocations to regulated stormwater (WLAsw) for MS4, industrial, and construction permits, unregulated sources (LA), and the MOS. The WLAsw is calculated by subtracting the MOS and LA from the TMDL: WLAsw = TMDL -MOS - LA The entire watershed for both impaired beaches, or AU, is covered under the City of Corpus Christi's MS4 permit (NPDES No. TXSoo6oi; TPDES Permit No. WQ0004200000). The LA is the result of bacteria loading and fate and transport within the receiving water at the beaches and is estimated by using the watershed loading model created for this TMDL. In urbanized areas currently regulated by an MS4 permit, development and/or re -development of land in urbanized areas must implement the control measures/programs outlined in an approved Stormwater Management Program SWMP. Although additional flow may occur from development or re- development, loading of the pollutant of concern should be controlled and/or reduced through the implementation BMPs as specified in both the National Pollutant Discharge Elimination System (NPDES) or TPDES permit and the SWMP. An iterative, adaptive management approach will be used to address stormwater discharges. This approach encourages the implementation of structural or non- structural controls, implementation of mechanisms to evaluate the performance Texas Commission on Environmental Quality 14 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay of the controls, and finally, allowance to make adjustments (e.g., more stringent controls or specific BMPs) as necessary to protect water quality. Load Allocation (LA) The LA is the sum of loads from unregulated sources. As has been shown in the TMDL, dry weather loading (DWL) is a significant contributor to water quality at both Cole and Ropes Parks. Although the sources of this loading are not well understood, they can be categorized as the non -permitted, non -point source components of the TMDL. As such, dry weather loading represents the LA portion of the TMDL calculation. As shown in the TMDL (Appendix A, Step 5), DWL to the impaired beaches is estimated from the following factors: 1. Area influenced by the DWL, 2. The volume of water in the area of the dry weather load, 3. The median concentration of bacteria in that area, and 4. The decay rate for the bacteria. Allowance for Future Growth (FG) The future growth component addresses the requirement of TMDLs to account for future loadings that may occur as a result of population growth, changes in community infrastructure, and development. Allowance for future growth is not needed for these TMDLs because there are no permitted WWTF discharges to the impaired AUs and there will be none in the future. Total Maximum Daily Load (TMDL) To achieve water quality standards in effect at adoption of this TMDL, the following reduction in loads were calculated for both impaired beaches using the TMDL equation: TMDL = EWLA + ELA + MOS. Cole Park - 248106_03 The TMDL for this segment is estimated at 1.007 x 1012 MPN/day, which is the equivalent of a 95.9% reduction in Enterococcus load from runoff and an overall load reduction of 94.4%. Ropes Park - 2481C13_04 The TMDL for this segment is estimated at 4.345 x 1012, which is the equivalent of a reduction of a 74.o% in load from runoff and an overall load reduction of 73.1%. Texas Commission on Environmental Quality 15 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 4. TMDL Allocation Summary Corpus Christi Bay at Coles and Ropes Parks (in Billions MPN/day.) Segment Name AU Indicator Bacteria TMDL WLAwwr F WLAstor mwater LA MOS Future Growth (FG) Corpus Christi Bay 2481 2481CB_03 Enterococci 1007 0 555 273 179 na Corpus Christi Bay 2481 2481CB_04 4 4 Enterococci 4345 o 3537 1 6 4 662 na Texas Commission on Environmental Quality 16 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Implementation Strategy This voluntary I -Plan documents 33 Management Measures and 6 Control Actions to reduce bacteria levels. Management Measures are voluntary and Control Actions are regulated. Management Measures and Control Actions were selected based on feasibility, costs, support, and timing. Activities should be implemented in phases based on the needs of the stakeholders, availability of funding, and the progress made in improving water quality. The Cole and Ropes Park (CARP) Bacteria Reduction Implementation Plan Committee (CARP Committee) formed 4 work groups that identified 4 broad categories of strategies to address reduction of bacteria levels at CARP beaches: (i) Education and Outreach, (2) Monitoring and Research, (3) Wastewater and Stormwater Infrastructure, and (4) Ordinances and Regulations. Voluntary and regulated activities are recommended within the framework of each strategy, but the CARP Committee recognizes that in order to be effective, activities across several strategies should be implemented simultaneously or in conjunction with each other. Some activities are necessary precursors to others, and the results from some activities will lead to decision making in the planning process for subsequent actions. The CARP Committee has identified Management Measure 3.2: Bacterial Source Tracking as the first priority activity for implementation. Because many of the Management Measures and Control Actions recommended in this I -Plan address specific potential bacterial sources, results from bacterial source tracking will guide the prioritization and implementation of subsequent activities and allow for wise allocation of limited resources throughout the implementation of the I - Plan. Adaptive Implementation All I -Plans are implemented using an adaptive management approach in which measures are periodically assessed for efficiency and effectiveness. This adaptive management approach is one of the most important elements of the I -Plan. The iterative process of evaluation and adjustment ensures continuing progress toward achieving water quality goals, and expresses stakeholder commitment to the process. At annual meetings, TCEQ will direct an appropriate entity to facilitate stakeholders to periodically assess progress using the implementation timeline schedule, interim measurable milestones, water quality data, and the communication plan included in this document. If periodic assessments find that insufficient progress has been made or that implementation activities have not improved water quality, the implementation strategy will be adjusted. Texas Commission on Environmental Quality 17 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Activities and Milestones The Cole and Ropes Park (CARP) Bacteria Reduction Implementation Plan Committee stakeholders and work groups: (i) Education and Outreach, (2) Monitoring and Research, (3) Wastewater and Stormwater Infrastructure, and (4) Ordinances and Regulations, determined appropriate activities and schedules to accomplish the management and control activities in this I -Plan. Collectively, the CARP stakeholder group and work groups held a total of 6i meetings to develop this I -Plan. This I -Plan includes surface water quality monitoring activities to identify unregulated sources of bacteria, technical analysis of Management Measures and Control Activities to predict efficiency of possible Best Management Practices (BMPs), and stakeholder guidance to review possible activities and provide recommendations to the TCEQ for future inclusion in the adopted I -Plan. In addition, the I -Plan outlines potential effective partnerships with local entities to implement the proposed Management Measures and control activities. Each work group developed detailed, consensus -based action plans. The planned implementation activities are described in the following section. Texas Commission on Environmental Quality 18 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measures and Control Actions The Cole and Ropes Park (CARP) Bacteria Reduction I -Plan includes Management Measures and [6] Control Actions. Management Measures (Voluntary Activities) i.o) Education and Outreach 1.1) General Awareness 1.2) Leave It Better Than You Found It 1.3) Pet Waste Disposal 1.4) Prevent Intentional Dumping and Disposal 1.5) Slow the Flow (Low Impact Development) Initiative 2.0) Monitoring 2.1) Continue Sampling Enterococcus Levels at Cole and Ropes Parks 2.2) Collect Rainfall Data Near Cole and Ropes Parks 2.3) Conduct Stormwater Outfall Flow Sampling 3.0) Research 3.1) Evaluate Methods to Remove Bacteria with Green Infrastructure 3.2) Bacterial Source Tracking 3.3) Evaluate the Effectiveness of Public Utility Programs and Projects in Bacteria Reductions 3.4) Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List 3.5) Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing 3.6) Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health 4.o) Wastewater Collection Systems 4.1) Enhance Existing Fats, Oil & Grease (FOG) Program 4.2) Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) 4.3) Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation 4.4) Implement an Ongoing Inflow and Infiltration Study [33] Texas Commission on Environmental Quality 19 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 4.5) Conduct Hydraulic Modeling of Collection System 5.0) Stormwater Drainage System 5.1) Determine Effectiveness of Stormwater Retrofits to Remove Bacteria 5.2) Continue the Major Outfall Assessment and Repair Program as Funding Allows 5.3) Support and Encourage the Adoption of Stormwater Master Plan 6.o) Ordinances and Regulations 6.1) Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program 6.2) Commercial Cross -connection Inspection Program 6.3) Commercial Leaking / Broken Sewer Laterals Pilot Inspection/ Testing Program 6.4) Improved Grease Trap Standards 6.5) Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes 6.6) Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals 6.7) Install Additional Signage 6.8) Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall 6.9) Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties during Periods of Public Health Risks 6.1o) Adopt and Enforce Additional Ordinances 6.11) Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment Control Actions (Regulated Activities) 1. o) Wastewater Collection Systems 1.1) Continue Existing Fats, Oil & Grease (FOG) Program 1.2) Continue Monitoring Sanitary Sewer Overflows (SSOs) 1.3) Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation Texas Commission on Environmental Quality 20 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2.o) Stormwater Drainage System 2.1) Continue Existing Stormwater Programs 2.2) Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation 3.o) Ordinances and Regulations 3.1) Eliminate Residential Cross -Connections Management Measure 1.0: Education and Outreach Since its frontier beginnings in 1519 and incorporation in 1852, the City of Corpus Christi has always been a pathway to The Americas and is intrinsically linked to its bays, rivers, creeks, estuaries and waterways. The Port of Corpus Christi currently is the sixth largest U.S. port and deepest inshore port on the Gulf of Mexico. To this day these waters play an increasingly important role in the economic stability and success of the City of Corpus Christi. In 2005, it was ranked as the 47th largest in the world by cargo tonnage, principally handling oil and agricultural products. Corpus Christi Bay is also a significant draw for tourism, both on the north shore as well as the downtown recreational areas, particularly around Cole and Ropes Parks beaches. In order to address the issue of excessive bacterial loading at Cole and Ropes Parks beaches, the CARP Committee will need to engage the City of Corpus Christi across all demographic aspects through sustained education and outreach programs that specifically target environmental stewardship, green thinking and cleanliness campaigns. These programs should address the critical aspects of education and outreach. Educational programs need to be created so they adhere to core learning objectives that reinforce knowledge and understanding of environmental stewardship. Outreach programs should be created and adopted to insure full coverage of the diverse demographic and socioeconomic background that the City of Corpus Christi represents. Through enduring City leadership, partnerships need to be established across government, public, business, industry, non-profit organizations, community associations and academic institutions that will strengthen and sustain commitment and involvement for this plan. The Education and Outreach workgroup recommends five implementation activities with associated actions for the CARP implementation plan: 1.1) General Awareness 1.2) Leave It Better Than You Found It 1.3) Pet Waste Disposal 1.4) Prevent Intentional Dumping and Disposal Texas Commission on Environmental Quality 21 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 1.5) Slow the Flow (Low Impact Development) initiative Management Measure 1.1: General Awareness •WHAT: This activity is aimed at creating, implementing and sustaining educational programs within the community that increase awareness of the impact that human actions can have on the quality of local bodies of water. •WHO: City leadership, CBBF, local environmental groups with support from educational institutions (TAMUCC, Delmar, CCISD), Surfrider Foundation - Texas Coastal Bend Chapter, Corpus Christi Convention and Visitors' Bureau, Texas State Aquarium, Corpus Christi Caller Times, KEDT, other media outlets. •WHERE: City of Corpus Christi, focusing on Cole and Ropes parks stormwater outfall drainage area. •GOAL: Improve community understanding of, "Where does the Water Go?", this includes wastewater effluent and stormwater runoff. Provide the community with an "Alert System" when beaches are safe or unsafe for contact recreation. Create an introductory public education campaign about water quality in Corpus Christi Bay. Topics will include, "Where does the Water Go?" related to stormwater drainage and general information about the ways bacteria and other pollutants can enter waterways. Target practices that can ensure clean water and foster a sense of local pride related to quality of local waterways. Produce a series of public service announcements educating the public about water quality in Corpus Christi Bay. The topics should be similar and align with the short-term milestone and strategy goals. Develop community support system (funding, volunteers, partnerships with local organizations) for the sponsoring of water quality improvement projects such as clean-ups in affected stormwater drainage basins, "Beach to Bay Relay Marathon" interpretive signage at Cole and Ropes parks, mobile kiosks to be used at community events such as Earth Day Bay Day and others. •WHEN: Tier 1(i-5 Years). •HOW: Media campaigns in the form of billboards, radio and TV advertising. Develop educational information to be used as City utility bill stuffers and website information. "Bay Walk" interpretive signage, water flow diorama, and other educational materials will be developed. Coordination will be maintained through existing partnerships. •COSTS/SOURCE OF FUNDS: Costs to be determined/ various grant programs and non-profit agencies. Texas Commission on Environmental Quality 22 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): None required. •ACTIONS AND SCHEDULE: Table 5. MM 1.1. General Awareness. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Create Public Education Materials x x x Public Service Announcements (PSA) x x x Public presentations x x x Management Measure 1.2: Leave It Better Than You Found It •WHAT: A specific campaign targeted at reducing litter in the community. Principle focus will be on reducing and discouraging litter from vehicles and by individuals around restaurants, shopping areas, parks, beaches and all other public use spaces. •WHO: Possible partners include Beautify Corpus Christi Association, Coastal Bend Council of Governments, Corpus Christi Convention and Visitors' Bureau, City of Corpus Christi, Coastal Bend Bays Foundation, Coastal Bend Bays and Estuaries Program, TCEQ. •WHERE: Target areas should include all drainage basins which directly affect the Cole and Ropes Parks. •GOAL: Support the "Leave It Better Than You Found It" and "Don't Mess With Texas Water" campaigns and increase community ownership for a clean and healthy City. •WHEN: Tier 1 (1-5 Years). •HOW: Adopt educational programs for all age groups that target anti -litter and environmental awareness. Develop outreach programs to engage local businesses and residents to support and participate in the "Leave It Better Than You Found It" campaign. •COSTS/SOURCE OF FUNDS: Costs to be determined/ various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required Texas Commission on Environmental Quality 23 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 6. MM 1.2. Leave It Better Than You Found It. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Media campaign reinforcing "Leave It Better Than You Found It" x Increase support for GLO Adopt -A -Beach. Create: Adopt - A -Bay, Watershed, etc. x Engage local leaders to address City wide litter problem x Engage local businesses to support clean initiatives and post "Leave It Better Than You Found It" campaign signs x Management Measure 1.3: Pet Waste Disposal •WHAT: Establish coordination with key stakeholders to facilitate the reduction and eventual elimination of improper pet waste disposal. This will be accomplished through the continued installation of pet waste disposal stations as funding is secured, implementation of a public service announcement (PSA) and other education initiatives including utilization of information booths or kiosks at local events. •WHO: City of Corpus Christi with support from CARP, Local Animal Businesses, Local Veterinarian Clinics and Animal Rescue/Adoption Centers, City Parks and Recreation (doggie pool day), other etc. •WHERE: Local businesses and events. Specific locations for pet waste disposal stations as identified and prioritized by City in the drainage basins that impact Cole and Ropes parks. •GOAL: Continue installation of pet waste disposal stations in affected drainage basins as funding is secured. Develop and establish an information booth or table at community events. Distribute educational materials and pet waste disposal kits to pet associated businesses and service providers. Complete dog waste pickup PSA with celebrity endorsement and video. Example - Seattle PSA: http://www.youtube.com/watch?v=jDhl2w-jcfs 2018: Complete implementation activities and continue monitoring education and outreach initiatives. Texas Commission on Environmental Quality 24 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay 2020: Strive for l00% compliance with pet waste disposal ordinances. •WHEN: Tier 1 (1-5 Years). •HOW: Install additional pet waste disposal stations as funding is available. Provide educational handout material to residents about pet waste at local events. Create PSA using a local celebrity to engage pet owner population to take responsibility for good water quality in the CARP watershed areas and throughout the community. Technical assistance will be needed with production of a short commercial video to capture essence and vitality, which may be provided by a local TV station or production company. •COSTS/SOURCE OF FUNDS: Various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 7. MM 1.3. Pet Waste Disposal. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Pet waste stations x x x Public service announcement (PSA) x x x Create info booth for local events x Distribute educational materials & kits to pet business and services x x x Management Measure 1.4: Prevent Intentional Dumping and Disposal •WHAT: Establish coordination with key stakeholders to develop education and outreach programs to facilitate the reduction of improper waste disposal and dumping. This strategy is aimed at educating the community on the effects of illegal dumping. Illegal dumping and disposal harms watersheds, habitat and creates unhealthy and unsafe conditions for people that work, live or recreate in impacted areas. Intentional dumping and disposal are illegal and a crime. •WHO: CARP, community partners and stakeholders. •WHERE: Cole and Ropes Park watersheds. Texas Commission on Environmental Quality 25 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: Increase awareness and education on the harm that illegal dumping and disposal causes to our environmental health and economy. A greater understanding of this is necessary so that commercial businesses and the public will begin to take pride in their environment and watersheds. Create an extensive awareness campaign to educate all ages and socioeconomic backgrounds on illegal dumping and disposal. •WHEN: Tier 1 (1-5 Years). •HOW: Establish education and outreach programs targeted towards community involvement with commercial business support to identify and report instances of illegal dumping and disposal. Reference "General Awareness" and "Keep It Clean" strategies (Appendix A). Encourage applicable stakeholders to attend training workshops provided by the Texas Illegal Dumping Resource Center (TIDRC) on illegal dumping regulations and how to address these issues. The training is provided through grants from TCEQ to the Coastal Bend Council of Governments (CBCOG). •COSTS/SOURCE OF FUNDS: Various grant programs and non-profit foundations. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 8. MM 1.4. Prevent Intentional Dumping and Disposal. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Sponsor TIDRC workshop in Corpus Christi x x x Hunting and fishing organization education and outreach x x x Coordination with City Solid Waste Department activities x x x Management Measure 1.5: Slow the Flow (Low Impact Development) Initiative •WHAT: Educate and promote Low Impact Development (LID) by focusing on practices that improve environmental conditions and water quality. •WHO: Various professional, non-profit, academic and government organizations, local gardening/landscaping centers and gardeners' community organizations. Texas Commission on Environmental Quality 26 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: Within the City of Corpus Christi •GOAL: Provide training workshop to the design community demonstrating LID techniques and benefits; promote LID on individual properties by demonstrating the benefits through social media and educational presentations upon I -Plan adoption. Incorporate LID techniques into City projects where feasible and funding allows as demonstration projects. •WHEN: Within one year of I -Plan adoption provide training workshop; upon adoption of the I -Plan, begin promoting LID benefits through social media sites; incorporate LID techniques into presentations to adult audiences within one year of I -Plan adoption. •HOW: Using existing materials such as those provided by the Ladybird Johnson Wildflower Center promoting LID, create a half day workshop for design community. •COSTS/SOURCE OF FUNDS: Training workshop for designers and engineers approximately $2500.00, source of funds to be determined. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 9. MM 1.5. Slow the Flow (Low Impact Development) Initiative. Implementation timeline schedule. Activity Tier 1 Tier 2 Tier 3 Provide LID workshop for local designers & engineers x Promote benefits of LID though social media x Incorporate LID into presentations x Texas Commission on Environmental Quality 27 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 10. Summary of Management Measure 1.0: Education and Outreach Management Measure: Education and Outreach Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) Education and Outreach 1.1.) General Awareness TBD TBD as funding becomes available Create an introductory public education campaign about water quality in Corpus Christi Bay. Tier 1- (years 1- 5) on going Create Public Education Materials. Public Service Announcements. Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness TBD Produce a series of public service announcements educating the public on water quality in Corpus Christi Bay. Tier 1- (years 1- 5) on going Public Service Announcements. Count: number of classes/outreach. Develop community support system for water quality improvement at Cole and Ropes Park. Tier 1- (years 1- 5) on going Public Presentation Create Public Education Materials. Public Presentations 1.2) Leave It Better than You Found It TBD TBD as funding becomes available Adopt educational programs for all age groups that target anti -litter and environmental awareness. Develop outreach programs to Tier 1- (years 1- 5) on going Track and measure number of citizens reached (all media). Measure hours and individual involvement in community cleanup events. Media campaign reinforcing "Leave It Better Than You Found It". Increase support for TGLO Adopt- A -Beach. Create: Adopt -A -Bay, Watershed, etc. Track public presentations and PSA's given and number of attendees and conduct surveys on their effectiveness TBD Texas Commission on Environmental Quality 28 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) engage local businesses and residents to support and participate in the "Leave It Better than You Found Measure number of businesses supporting "Leave It Better than You Found Engage local leaders to address City wide litter problems. It" campaign. It" campaign initiatives and increase or adjust outreach campaign goals and targets. Engage local businesses to support clean initiatives and post "Leave It Better than you Found It" campaign signs. 1.3) Pet Waste TBD TBD as funding Distribute Tier 1- (years 1- Continue Count number of Track public TBD Disposal becomes educational 5) installation of pet waste presentations available material and pet waste disposal kits to pet associated businesses and service providers. Pet Waste disposal stations in Cole and Ropes Park drainage basins. Develop and establish an information booth or table at community events. Complete dog waste pickup stations installed and count number of bags used. Survey the public for the effectiveness of public service announcements and informational booths at local events. and PSA's given and number of attendees and conduct surveys on their effectiveness PSA with celebrity endorsement and video (Tier 3). For PSA and informational booths track times aired or used at events Texas Commission on Environmental Quality 29 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Organization(s) 1.4) Prevent TBD TBD as funding Establish Tier 1. Track attendance Sponsor TIDRC Track public TBD Intentional becomes education and at TIDRC events. workshops in presentations Dumping and available outreach Workshops will Corpus Christi and PSA's given Disposal programs be provided Track attendance on an annual and number of targeted towards community involvement i.e. annually. Coordination at education and outreach events. basis. Sponsor hunting attendees and conduct surveys on their "General Awareness" and "Keep It Clean" strategies. with the City Sold Waste Department will be conducted quarterly. Track number of meetings stakeholders attend with solid waste advisory boards/ committees. and fishing organization education and outreach. Coordination with City Sold Waste effectiveness Provide training and workshops provided by the Texas Illegal Dumping Department activities. Resource Center (TIDRC) on Illegal dumping regulations. 1.5) Slow the TBD TBD as funding Provide training Tier 1. Survey Provide low Track public TBD Flow (Low becomes workshops to participants to impact presentations Impact available promote low determine low development and PSA's given Development) impact impact workshops for and number of Initiative development initiatives. development support and survey for positive feedback from social media sites. local designers and engineers. Promote benefits of low impact development through social media. attendees and conduct surveys on their effectiveness Incorporate LID into presentations. Texas Commission on Environmental Quality 30 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.0: Monitoring In order to assess progress towards reducing bacterial loading at Cole and Ropes Parks beaches, the CARP Committee will need to evaluate the results of monitoring on a regular basis. Evaluation of monitoring results will be used to identify potential changes that could improve effectiveness of the I -Plan. Monitoring and annual evaluation will determine if the I -Plan or any of its parts are complete, must address a longer time frame, or require revision. Every five years, as resources are available and with stakeholder participation, a more in- depth evaluation will be completed. Two types of monitoring are proposed: i) Bacteria baseline (pre -event) water quality monitoring 2) Stormwater event (during/post-event) rainfall and flow of water quality monitoring These monitoring measures will form the basis for potential research projects related to understanding the causes, sources, and solutions to high bacteria levels at Cole and Ropes Park beaches. Conclusions derived from post -implementation water quality monitoring data will be an important indicator of whether implementation activities are resulting in the desired reduction of bacteria loading. The results of this research will provide essential information to determine strategic modifications to management actions and control measures outlined in this plan. Management Measure 2.1: Continue Sampling Enterococcus Levels at Cole and Ropes Parks The purpose of this Management Measure is to identify improvements or degradation of bacteria levels at these beaches and help in meeting the TCEQ standard. Current program for sampling is the Texas Beach Watch Program that is administered by the Texas General Land Office and funded through the U.S. Environmental Protection Agency. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National Beaches Environmental Assessment, Closure, and Health (BEACH) Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. The GLO Office secured Texas Commission on Environmental Quality 31 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay and allocated Texas Coastal Management Program (CMP) funds for water quality monitoring at beaches in six counties along the Texas coast. The project is the Texas Beach Watch Program. •WHO: For Nueces, Aransas, and San Patricio counties, the current grant is administered by the laboratory at the Corpus Christi-Nueces County Public Health District. •WHERE: Samples are taken at 52 sites along the coast in San Patricio, Nueces, and Aransas counties. Four sites are located at Cole Park and two at Ropes Park. •GOAL: The goal of this water quality monitoring project is to provide the public with information about water quality at recreational beaches. •WHEN: Water samples are collected weekly during the beach season (currently May -September) and biweekly during the off-season (October -April). Samples at Cole and Ropes Parks are currently being collected on Tuesdays. •HOW: This project involves the collection and testing of water quality samples for the presence of Enterococcus bacteria and compared to EPA's recommended Single Sample Maximum Density (SSMD) criteria of 104 colony forming units (cfu)/ioo ml. If sample results exceed EPA's recommended criteria, the GLO will notify local government representatives immediately and the required signs warning of elevated bacteria levels will be posted at the affected beaches. In addition, bacteria levels for each sample are posted in real time on the Texas Beach Watch Program's public Internet site at www.TexasBeachWatch.com. •COSTS/SOURCE OF FUNDS: EPA •RESPONSIBLE ORGANIZATION(S): The local Beach Watch grant was awarded to Nueces County and operated by the Corpus Christi-Nueces County Public Health District. Local government representatives make the necessary beach notifications upon receipt utilizing the provided signage. •ACTIONS AND SCHEDULE: Table 11. MM 2.1. Continue sampling Enterococcus levels at Cole and Ropes Parks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Beach Watch Sampling x x x Texas Commission on Environmental Quality 32 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 2.2: Collect Rainfall Data Near Cole and Ropes Parks •WHAT: The main sources of bacteria at Cole and Ropes Parks beaches may be coming from non -point source runoff. The non -point source runoff may be (1) from stormwater flowing into the stormwater collection system and through the pipes into Corpus Christi Bay, (2) surface runoff from the land that flows directly into Corpus Christi Bay, or (3) a combination of both (TMDL 2016). Collecting accurate rainfall data within the Cole and Ropes Parks stormwater basins and in close proximity to stormwater outfalls in Corpus Christi Bay may provide better information to determine the relationship between stormwater flows and bacteria exceedances at these beaches. •WHO: The CARP envisions a cooperative effort including the City, local universities, residents, and local research and data collections organizations (e.g. Center for Coastal Studies, Coastal Bend Bays and Estuaries Program and others to be determined). •WHERE: Three major stormwater drainage channels should be the focus for this monitoring effort: Louisiana Parkway, Brawner Parkway, and Carmel Parkway. Real-time rain gauges should be installed at residences centrally located along these drainage channels. •GOAL: To develop a long term time series of rainfall information at Cole and Ropes Parks. Data should be made available for use by researchers to correlate rainfall levels with stormwater pipe flow and Enterococcus levels, to determine the effect of varying amounts of rainfall with bacteria development in the bay. Stormwater flow methodology will be decided prior to project development. There are, however, many factors that affect bacteria development and growth. •WHEN: Planning and implementation on a smaller sub -basin within the CARP drainage basin to begin in Tier 1, continuing through the life of the I -Plan. •HOW: Methods of data collection could include Doppler radar data analysis, conventional rain gauges, and weather stations. Specific implementation proposals should be developed by entities such as those listed in "WHO" section above or other as appropriate. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): None required Texas Commission on Environmental Quality 33 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 12. MM 2.2. Collecting Rainfall Data Near Cole and Ropes Parks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and implementation in smaller pilot project area x Data Management and Maintenance x x x Management Measure 2.3: Conduct Stormwater Outfall Flow Sampling •WHAT: The main sources of bacteria at Cole and Ropes Parks beaches may be corning from non -point source runoff. The non -point source runoff may be (1) from stormwater flowing into the stormwater collection system and through the pipes into Corpus Christi Bay, (2) surface runoff from the land that flows into Corpus Christi Bay, or (3) a combination of both (TMDL 2016). Measuring flow within the main stormwater pipes and correlating the flows with bacteria levels in the bay might give the CARP Committee better information to help develop timely public safety notifications at these beaches. Additionally, along with rainfall data, stormwater flow data may be useful to better understand the causes and sources of high bacteria levels at Cole and Ropes Parks, and for implementing strategies to ultimately prevent further water quality degradation. Data collected may also be used to help measure success of Management Measures and Control Actions proposed elsewhere in the I -Plan. •WHO: The CARP Committee envisions a cooperative effort including the City, local universities, residents, and local research and data collection organizations (i.e. Center for Coastal Studies, Coastal Bend Bays and Estuaries Program and others to be determined). •WHERE: The CARP Committee suggests a pilot project be installed within a smaller sub -basin of the study area first, and then expanded to the Louisiana and Brawner Parkway basins. •GOAL: To collect stormwater flow data in order to correlate stormwater pipe flow in cubic feet per second (cfs) with Enterococcus levels (cfu) to see if there are any significant relationships. Ultimately, if a correlation is found, flow in the stormwater system could be used as a proxy for alerting the public when to avoid the water at Cole and Ropes Parks. Texas Commission on Environmental Quality 34 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHEN: Planning and implementation within a pilot area could start upon approval of the I -Plan and should be completed within Tier 1; evaluation of the pilot project and application of methods the larger area should begin within Tier 1 to begin implementation in Tier 2. Data collection should continue throughout the life of the I -Plan. •HOW: Methods of data collection could include in -pipe laser flow meters, Parshall Flumes, automated water flow meters, and other flow data collection technology. Specific implementation proposals should be developed by entities such as those listed in "WHO" section above or other as appropriate. The influence of flow within the stormwater system should be taken into account regardless of method of flow data collection. Detailed models of the effect of tides on water levels through Corpus Christi Bay are available, and should be used in conjunction with stormwater flow data to determine non -tidal portion of flow within the system. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. Some equipment for this purpose could be borrowed from the Center for Coastal Studies at no cost. •RESPONSIBLE ORGANIZATION(S): To be determined •ACTIONS AND SCHEDULE: Table 13. MM 2.3. Conduct Stormwater Outfall Flow Sampling. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and Implementation of Pilot Project x Planning for entire Cole and Ropes Parks basins x Project Implementation for Entire Cole and Ropes Parks Basins x x Data Management and Maintenance x x x Texas Commission on Environmental Quality 35 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 14. Summary of Management Measure 2.0: Monitoring Management Measure: Monitoring Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Monitoring 2.1) Continue Sampling Enterococcus Levels at Cole and Ropes Parks TBD Grants administered by the laboratory at the Corpus Christi-Nueces County Public Health District. Provide the public with information about water quality at recreational beaches. Tier 1 (1-5 years). Number of samples collected. Continue current Texas Beach Watch Sampling Program. Continue bacterial monitoring at Cole and Ropes Park. EPA and TGLO 2.2) Collect Rainfall Data Near Cole and Ropes Parks TBD Will vary depending on data collection methods, funding sources, and responsible parties. Public Service Announcements and create public education material. Tier 1 (1-5 years)- ongoing. Develop a database with rainfall and bacteria data. Planning and implementation of rainfall collection program in a small pilot project area to begin with and then expand. Data Management and Maintenance. Collect accurate rainfall data in close proximity to stormwater outfalls/ drainage areas to provide better information on the relationship between bacteria exceedances and stormwater flows. TCEQ Texas Commission on Environmental Quality 36 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 37 Peer Review Draft, Month, Day, Year Technical and Financial Interim, Management Potential Load Assistance Education Schedule of Measurable Indicators of Monitoring Responsible Measure Reduction Needed Component Implementation Milestones Progress Component Entity 2.3) Conduct TBD TBD Use data to alert Tier 1 (1-5 years). Non -tidal flow Data is being Collect TBD Stormwater public when data time series collected and stormwater flow Outfall Flow bacteria levels After pilot project developed. reported (i.e. data in a pilot Sampling may be high at Cole and Ropes Park. plan and implement program for entire Cole and Ropes Parks basins. weekly, monthly, quarterly) Data management and maintenance project area within Cole and Ropes Parks. Texas Commission on Environmental Quality 37 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 3.0: Research Bacteria levels at Cole and Ropes Parks (CARP) beaches are a concern for our area, as reflected in the TMDL studies this I -Plan addresses. The TMDL study provides a general description of the extent and character of bacteria exceedances in the CARP area. Alone, however, this is not a sufficient basis for determining the most cost-effective courses of action to achieve contact recreation standards at these two beaches. This will undoubtedly be a dynamic process where we continually expand our knowledge of the sources and effects of bacteria at these beaches and where various management approaches are tested and refined. This section identifies potential research topics that will be critical to this undertaking. These topics are pertinent to the entire Corpus Christi Bay area, and are intended to be implemented as resources become available. Research would be conducted using appropriate methodology and quality assurance that have been developed in consultation with TCEQ and EPA. A variety of funding sources should be pursued, with a wide spectrum of partners. It is unlikely that any one local entity will find it feasible to conduct this research alone. Given the large-scale character of the undertakings, entities should look to coordinate efforts with the various academic institutions in the area, federal and state agencies like the EPA, Texas Department of State Health Services, water and environmental research groups, and similar potential partners. A shared project, the result of an inter -local agreement or similar instrument, may allow local entities to feasibly investigate these issues. Parts of, or entire projects described below could be undertaken by graduate students or researchers at local universities and research institutions. Results of the following projects are intended to be used for evaluation of the effectiveness of current and future I - Plan Management Measures and Control Actions, as well as other measures currently being undertaken by the City and other entities to reduce bacteria loading in Corpus Christi Bay. Because the results of the following research project will be instrumental in the "adaptive -management" nature of this I -Plan, all research activities should begin implementation as soon as possible in Tier 1. Results should be shared with the CARP to be integrated into I -Plan revisions at the five-year review. The applicability of this section for academic researchers' and graduate students' research projects should not be overlooked. The I -Plan's stakeholders identified six priority research topics which are listed below: Texas Commission on Environmental Quality 38 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 3.1: Evaluate Methods to Remove Bacteria with Green Infrastructure •WHAT: Green infrastructure is an approach that communities can choose to maintain healthy waters, provide multiple environmental benefits and support sustainable communities. Unlike single -purpose gray stormwater infrastructure, which uses pipes to dispose of rainwater, green infrastructure uses vegetation and soil to manage rainwater where it falls. By weaving natural processes into the built environment, green infrastructure provides not only stormwater management, but also flood mitigation, air quality management, bay debris management, and much more. A green infrastructure feasibility study should be completed for Cole and Ropes Parks to determine the impact of bacteria load reduction at these beaches. Alternatives could include large and small scale options from greenway redesign to rain gardens and rain water harvesting by residents in single family homes. •WHO: The City of Corpus Christi is the owner of the stormwater pipes, Cole and Ropes Parks, Louisiana Parkway, Brawner Parkway, and should lead the effort for initiating a green infrastructure feasibility study within these areas. An engineering firm familiar with green infrastructure planning should be hired to conduct the feasibility study. •WHERE: A feasibility study looking at implementing green infrastructure could be completed for the area surrounding Cole and Ropes Parks, including at the major outfalls contributing flows at these beaches. Upstream areas (Louisiana and Brawner Parkways) and possibly Brawner Parkway should also be included in the study, as well as any small scale modifications and other viable concepts. •GOAL: Complete a feasibility study in the Cole and Ropes Parks drainage basins to implement green infrastructure concepts to reduce bacteria loading at the beaches. Ultimately, if the study indicates to be cost-effective and significant reduction in bacteria loads can be achieved through green infrastructure, then the activities may be pursued for full construction implementation at appropriate measures. •WHEN: A feasibility study could be initiated and completed in Tier 1. •HOW: Steps involved in this study could include the City of Corpus Christi working with a contractor or researcher familiar with implementing green infrastructure projects to conduct a feasibility study for Cole and Ropes Parks, with the main goal of determining whether green infrastructure could be effective at reducing bacteria loads at these beaches. The researcher should develop a list of alternatives that could be implemented with an estimated percentage of bacteria load reduction for each alternative and a cost associated with each. The Texas Commission on Environmental Quality 39 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay CARP Committee could suggest next steps to the City staff and council based on results from the feasibility study. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 15. MM 3.1. Evaluate Methods to Remove Bacteria with Green Infrastructure. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Initiate Feasibility Study x Develop Recommendations x at completion of study Management Measure 3.2: Bacterial Source Tracking •WHAT: Further evaluate bacteria sources, persistence, and re -growth. To fully comprehend the extent of contributions to bacterial loading at these beaches and to focus future management actions targeting the largest sources of bacteria, studies could use bacteria source tracking as a way to identify sources within the CARP area. •WHO: Personnel will collect the samples and ship them to an approved Research and Testing Laboratory. •WHERE: Sample the six TBWP sites pre and post rain events. •GOAL: The goal of the study is to characterize the microbiome of the bay water at the Cole and Ropes Parks locations and then compare the original samples with samples collected after rain run-off to determine the biota of the organisms and origin of the increased bacterial load. Results from this study will guide implementation of subsequent bacteria reduction efforts. •WHEN: Before a rain event and immediately post rain event. To be implemented immediately upon approval of the I -Plan pending funding availability; Tier 1. •HOW: With use of the latest technology. To be determined. •COSTS/SOURCE OF FUNDS: Funding is to be determined. Texas Commission on Environmental Quality 40 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): None required •ACTIONS AND SCHEDULE: Table 16. MM 3.2. Bacterial Source Tracking. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Sample collection; pre -rain event x Sample collection; post -rain event x Management Measure 3.3: Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions •WHAT: Evaluation of the effectiveness of current and future public utility programs and projects in the planning area will help demonstrate the relative success of different management practices. This effort would draw from current and proposed activities undertaken by the City of Corpus Christi's Phase 1 MS4 permit. The effectiveness studies would include both structural measures and behavioral measures. Structural measures might be based on both traditional drainage engineering, such as specifications for stormwater outfalls; and sustainable infrastructure design methodologies, such as Green Infrastructure and Low Impact Development. Behavioral measures might include, scope and impact of public outreach, public reporting of illicit discharges, and other efforts aimed at changing behaviors. The data collected and the results from the comparative evaluations should be made available to all stakeholders. •WHO: Researchers and/or consultants. •WHERE: Within the watersheds of Cole Park, Ropes Park, and Brawner Parkway. •GOAL: To identify the effects of City programs on bacteria levels in the watershed: Which City programs are the most and least effective in improving water quality? •WHEN: Tier 2. •HOW: Record effectiveness of current stormwater programs and future projects being implemented by using a list of success criteria for both structural and behavioral measures. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. Texas Commission on Environmental Quality 41 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 17. MM 3.3. Evaluate the effectiveness of Public Utilities programs and projects in bacteria reductions. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Evaluate program and project effectiveness through monitoring x Management Measure 3.4: Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303(d) List Elevated bacteria levels at Cole and Ropes Parks during certain times of the year (i.e. after rainfall events, etc.) pose a health risk to recreational users. For regulatory use, a better methodology to justify the listing of these beaches on the 3o3(d) list should be considered rather than the current process of 25% of days sampled. This Management Measure will provide two alternative methods for analyzing data other than what is currently being implemented and should provide better justification with regards to regulatory scrutiny. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National BEACH Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. For regulatory purposes, (i.e. listing on the 3o3(d) list) the current sampling regime is biased towards having higher days of elevated bacteria due to the continuous return of daily sampling after bacteria levels are elevated until levels have decreased below the threshold. For public safety this is a good sampling method, but for listing beaches on the 3o3(d) list it is insufficient. There are a couple of ways to address this: i) more sampling to account for "good" days when bacteria levels are below the criteria or 2) count the series of sampling days in row as an event, rather than separate days sampled. This would depict a more accurate data set of high vs. low bacteria levels based on the current sampling methodology. •WHO: Cole and Ropes Parks Coordination Committee Texas Commission on Environmental Quality 42 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: State-wide •GOAL: The goal is to improve and standardize listing methodology for regulatory justification in listing beaches on the 3o3(d) list. •WHEN: Tier 1 upon approval of the I -Plan. •HOW: The CARP will request a review of statistical merit to the current data analysis process of Texas Beach Watch Data for listing beaches on the 3o3(d) list. Amendments to the way the TCEQ evaluates the listing of 3o3(d) beaches based on TBWP data would need to be discussed and approved by both TCEQ and the EPA. This change would affect the entire state of Texas and not just Cole and Ropes Parks. •COSTS/SOURCE OF FUNDS: Technical and legal assistance may be required. Funding to be determined •RESPONSIBLE ORGANIZATION(S): EPA, TCEQ, GLO, City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 18. MM 3.4. Promote new data analysis method for regulatory justification for listing beaches on the 303(d) list. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Change data review methodology for regulatory purposes X Management Measure 3.5: Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the Use of Dye Testing Water flow patterns within Corpus Christi Bay may have a significant effect on the bacterial occurrence at Ropes and Cole Parks. Stormwater loading from the Brawner and Louisiana Parkway outfalls may be the largest contributors of bacteria to Corpus Christi Bay due to watershed size and geographic extent, and location and size of their ultimate outfalls. •WHAT: Rhodamine dyes have been used over the years in water flow and particle research. By placing probes that can detect this dye north of the Brawner drainage outfalls and adding this dye to the Brawner Parkway drainage system prior to rain events. •WHO: Texas A&M University -Corpus Christi has several departments and divisions with researchers that have equipment and expertise to conduct a water flow study using dye methods. Texas Commission on Environmental Quality 43 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHERE: Two to four areas between Brawner Parkway outfall and Ropes Park. •GOAL: The goal is to understand the impact of the Brawner Parkway outfall discharges at Ropes Park on bacteria levels and ultimately focus resources toward the area of most influence. •WHEN: Ideally, the dye testing could be conducted during or immediately following several rain events within the study area. The data required to establish a correlation between the Brawner discharges and the sampling taken at Ropes Park should determine the spatial and temporal criteria. •HOW: Research contractors would develop a monitoring regime that should be able to discern whether the large outfalls have a direct impact on the sampling conducted at Ropes Park. Two to four probes could be placed within the study area until data could be collected from rain events. These may need to be moved at various times to provide a better picture of the water flow. •COSTS/SOURCE OF FUNDS: Since there is not an abundance of public or private funds, grant funding would be required. A project through the Coastal Bend Bays & Estuaries Program (CBBEP) or CMP could be applied for to fund the research conducted by an appropriate group from TAMUCC. Purchase and install two to four probes that can be used with Rhodamine dye (approximately $3.7K each), Collect data and move probes as needed to develop a good concept of water flow during rain events ($ioK), develop report with conclusions on impact of Brawner drainage outfall on GLO sampling locations at Ropes Park. Total cost is estimated at $32K for the entire project. •RESPONSIBLE ORGANIZATION(S): Dependent upon the organization that conducts this study and if the grant or project funding requires approval of a QAPP or similar plan. •ACTIONS AND SCHEDULE: Table 19. MM 3.5. Identify water flow patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of dye testing. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Planning and Implementation of Dye Testing Procedure X Management Measure 3.6: Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health Elevated bacteria levels at Cole and Ropes Parks during certain times of the year (i.e. after rainfall events, etc.) pose a health risk to recreational users. The public Texas Commission on Environmental Quality 44 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay health issue that needs to be addressed is the time of week the beaches are sampled for public health safety. Sampling of Cole and Ropes Parks needs to occur closer to the weekend when the public will be using these beaches, rather than on a Tuesday as is the current sampling protocol. This will help ensure public safety. •WHAT: Growing concerns about the health risks posed by polluted bathing beaches, increased beach closures, and scientific evidence indicating an increase in infectious diseases caused by microbial organisms in recreational waters prompted the EPA to create the National BEACH Program. The goals of the BEACH Program are to protect public health at the nation's beaches and to ensure the public is notified when the risk for potential illness and disease is present. The Texas Beach Watch Program currently samples Cole and Ropes Parks beaches on Tuesday, when public use of these beaches is likely the lowest. Changing the sampling of these beaches closer to the weekend (i.e. Thursday or Friday) when the public is more likely to be utilizing these areas would ensure more timely notification of elevated bacteria levels to the public. •WHO: For Cole and Ropes Parks, the Texas Beach Watch Program is administered by the laboratory at the Corpus Christi-Nueces County Public Health District (CCNCPHD). The GLO would need to agree to changing sampling days closer to the weekend for these beaches. •WHERE: Four sites are located at Cole Park and two at Ropes Park. •GOAL: The goal is to provide the public with better timed information about water quality at the recreational beaches of Cole and Ropes Parks. •WHEN: Water samples are collected weekly during the beach season (currently May -September) and biweekly during the off-season (October -April). Samples at Cole and Ropes Parks beaches are currently being collected on Tuesday. Change the sampling days to Thursday or Friday. •HOW: For Cole and Ropes Parks, the Texas Beach Watch Program is administered by the laboratory at the CCNCPHD. The GLO would need to agree to changing sampling days closer to the weekend for these beaches. •COSTS/SOURCE OF FUNDS: Will vary depending on data collection methods, funding sources, and responsible parties. If collection days were changed to Thursday, then the results would be out on Friday and would reflect the levels on Thursday and may better reflect weekend values unless it rained after Thursday collection. This is important only after an accurate analysis is conducted and documented that the primary contact recreational users increase on weekends to a level for that site to remain as a primary recreational water site. Texas Commission on Environmental Quality 45 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): The local Beach Watch grant was awarded to Nueces County and operated by the Corpus Christi-Nueces County Public Health District. Local government representatives make the necessary beach notifications upon receipt utilizing the provided signage. •ACTIONS AND SCHEDULE: Table 20. MM 3.6. Change sampling date of current TX Beach Watch Program to be more protective of public health. Implementation timeline schedule. Actions Texas Beach Watch sampling day change Tier 1 x Tier 2 Tier 3 Texas Commission on Environmental Quality 46 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 21. Summary of Management Measure Research Management Measure: Research Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Research 3.1) Evaluate Methods to Remove Bacteria with Green Infrastructure TBD TBD Provide public with activities they can implement at home to reduce bacteria. Tier 1 (1-5 Years). After study is complete CARP will recommend green infrastructure alternatives to City. City will implement green infrastructure within the City. Initiate Feasibility Study Develop Recommendations No monitoring Modeling exercise City of Corpus Christi, CARP 3.2) Bacterial Source Tracking TBD TBD Provide public with sources of bacteria and information on they can help reduce bacteria Tier 1 (1-5) Years) Utilize results to identify possible contamination sources. Identify the microbiome of bay water samples. Use identified source tracking methods to evaluate sources of bacteria TBD Texas Commission on Environmental Quality 47 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 3.3) Evaluate the Effectiveness of Public Utilities Programs and Projects in Bacteria Reductions TBD TBD Notify public of successful programs the City is implementing. Tier 1-2 (1 -lo Years). Measure the effectiveness of program and project and modify management practices and projects to improve effectiveness. Evaluate program and project effectiveness through monitoring. Gather pertinent information on activities for programs that could help reduce bacteria. City of Corpus Christi, 3.4) Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List TBD EPA Notify public of methods for evaluating beaches water quality. Tier 1-2 (1-10 Years). Date review changed. Fewer beaches and water bodies listed for bacteria on the 303d list due to more accurate characterization of conditions of water body. Change data review methodology for regulatory purposes. Review data analyzing method for better justification for characterizing beach water quality. TCEQ, EPA, CARP 3.5) Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes Parks by the use of Dye Testing TBD TBD Show visual maps of where water flows along the beach, especially after rain events. Tier 1(1-5 Years). Identify focus for future action by City if Brawner outfall can be shown to have large influence on Ropes Park sampling. Identification of water flow patterns. Implement dye testing during rain events and monitor flow. TBD Texas Commission on Environmental Quality 48 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 49 Peer Review Draft, Month, Day, Year Technical and Management Potential Load Financial Assistance Education Schedule of Interim, Measurable Indicators of Monitoring Responsible Measure Reduction Needed Component Implementation Milestones Progress Component Entity 3.6) Change Sampling TBD TBD Already Tier 1 (1-5 Sampling days Texas Beach None City of Corpus Date of Current Texas incorporated Years) changed so Watch sampling Christi, Texas Beach Watch Program to be More Protective of Public Health into the TBWP which is the TBWP website notifications are more protective on weekends. day change. Beach Watch Program and Corpus Christi Nueces County Public Health District Texas Commission on Environmental Quality 49 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 4.0: Wastewater Collection Systems Sanitary sewers can fail to function properly due to blockages, line breaks, defects that allow stormwater and groundwater to overload the system, lapses in operation and maintenance, inadequate design and construction, power failures, deferred replacement, and vandalism. The EPA has concluded that sanitary sewer overflows (SSOs) contribute to bacteria loading in almost all impaired streams, but may or may not be a primary source of loading. EPA acknowledges that SSO data is difficult to assess. In general, implementation actions consist of encouraging improvements to sanitary sewers through hydraulic modeling and completing an inflow and infiltration study; reducing the amount of fats, oils, and grease entering the system; continuing sanitary sewer line cleaning; and reporting of SSOs to the TCEQ. These reports are public information and are available from the TCEQ. Management Measure 4.1: Enhance Existing Fats, Oil & Grease Program Fats, oil, and grease (FOG) are considered to be a leading cause of blockages in sanitary sewers, and the EPA estimates that blockages account for nearly 5o percent of all SSOs nationwide. This Management Measure enables the City of Corpus Christi to determine the proper size and design for grease interceptors, to inspect traps regularly, and to require grease interceptors be effectively maintained by businesses. •WHAT: Almost all of the City's Food Service Establishments (FSE) are required to have a grease interceptor and this is initially enforced by Development Services through the building permit process. Thereafter, FSEs are inspected annually by the City's Pretreatment staff. Inspections include reviewing manifests for grease interceptor cleaning frequency and analyzing Hexane Extractible Material (HEM) levels, which cannot exceed 20o mg/1. The hexane solvent methodology is used to measure total oils and grease. A Notice of Violation is sent to FSEs where exceedance is observed, with a requirement to increase the interceptor cleaning frequency. Continued exceedances may result in a requirement for a larger or more effective interceptor. On inserts included in City utility bills, at Earth Day Bay Day and similar events throughout the City, residents receive information on problems associated with disposing of grease down drains and are advised to avoid this practice. The City provides fat trapper containers and bags at no charge to attendees at public events. Texas Commission on Environmental Quality 50 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHO: City of Corpus Christi Public Utilities, Corpus Christi- Nueces County Health Department, Food Service Establishments (FSE Program). •WHERE: All FSEs in the Cole and Ropes Parks contributing drainage areas. •GOAL: Reduce or eliminate SSOs resulting from blockages caused by FOG through monitoring and enforcement of the City's ordinances prohibiting grease input into the wastewater collection system •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Through continuing efforts in the City's FOG program, enhanced by increased enforcement. •COSTS/SOURCE OF FUNDS: Approximately $400,000 annually, in the range of Public Utilities operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Public Utilities Department •ACTIONS AND SCHEDULE: Table 22. MM 4.1. Enhance existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Food Service HEM Monitoring x x x Continue Food Service Grease Interceptor Maintenance Enforcement x x x Management Measure 4.2: Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) •WHAT: All SSOs are reported by the City's Public Utilities Department to the TCEQ. It is City policy that all reported overflows are repaired or addressed. The intent of this Control Action is to continue the SSO reporting and notification by the City of Corpus Christi to TCEQ. Other interested groups could be included in the future. •WHO: The City of Corpus Christi Public Utilities Department •WHERE: The main priority area would be within the Cole and Ropes Park drainage basin and include Brawner Parkway drainage basin. •GOAL: Continue reporting of SSOs. Texas Commission on Environmental Quality 51 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHEN: Implementation beginning in Tier 1 and ongoing. •HOW: Continue reporting SSOs as is currently being done to date. •COSTS/SOURCE OF FUNDS: The costs associated with SSO reporting to the TCEQ by the City are included in the Public Utilities Department's annual operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated TPDES permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 23. MM 4.2. Continue and Expand the Notification System for Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue SSO Reporting x x x Management Measure 4.3: Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi has an on-going program of cleaning and televised inspecting its wastewater collection system. This is part of the Wastewater Department's maintenance and operation plan for improved performance. Through cleaning and televising, the City can optimize repairs/rehabilitation efforts to meet TCEQ permit requirements. In addition to continuing this program, the CARP Committee recommends developing additional monitoring techniques that may be more accurate or cost effective such as smoke detection. •WHAT: Maintenance of lines is a Public Utilities Department function to assure improved performance to its 83,000 customers who depend on this service every day. •WHO: The Public Utilities Department, along with competitively bid contracts, provides the forces to maintain the City's collection system. Additional projects (e.g. such as a smoke detection pilot project) could be undertaken by research entities such as graduate students or local environmental groups. •WHERE: Annually, the Public Utilities Department assesses areas of the City to determine need for improved maintenance and repairs. Areas needing replacement are placed on the Capital Improvements Program (CIP) plan for bid Texas Commission on Environmental Quality 52 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay solicitation. Also, database reviews occur to resolve problematic areas in the system. Pilot projects or expansion of the current program should be focused on the Cole and Ropes Parks drainage basins. •GOAL: Prevent overflows and increase system capacity. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Generally, through cleaning and closed circuit televising (CCTV), smoke detection surveys, and customer complaints of affected areas, resolution of problems and improvements of the systems are accomplished. •COSTS/SOURCE OF FUNDS: Corpus Christi Public Utilities Department. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. •ACTIONS AND SCHEDULE: Table 24. MM 4.3. Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Customer Response x x x Review Funding for Line Cleaning x x x Increase Funding for Smoke Testing x x x Management Measure 4.4: Implement an Ongoing Inflow and Infiltration Study The City of Corpus Christi has an on-going City—wide flow monitoring program to prioritize ranking of sub -basins based on various factors such as Rainfall Dependent Inflow/Infiltration (RDII), SSOs, and maintenance history. The monitoring program is intended to address issues which may cause a negative impact on human health and safety or the environment. The City is further developing a program to determine needed wastewater infrastructure modifications/improvements to ensure adequate collection system conveyance capacity. •WHAT: Rainfall Distribution analysis and recorded wet weather flow data, the gallons of RDII and other variables will establish the magnitude of wet weather inflow in order to prioritize sub -basins for future testing and rehabilitation. Texas Commission on Environmental Quality 53 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •WHO: The Public Utilities Department, along with competitively bid contract services, provides the forces to maintain the City's collection system. •WHERE: All areas of the City to determine need for improved maintenance and repairs. •GOAL: Development of long-term Infiltration/Inflow (I/I) program to find and fix system defects. •WHEN: The I/I study is part of the CMOM (Capacity Assurance, Management, Operation and Maintenance) self -audit, following EPA guidance criteria, an ongoing SSO initiative project. It will precede and be incorporated into the hydraulic modeling project. •HOW: I/I studies will be conducted by the City. •COSTS/SOURCE OF FUNDS: Funding for the I/I studies will be provided by the City. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated TPDES permitting authority under Texas CWA; USEPA, NPDES program, implementing the federal CWA; state and federal Solid Waste Acts to regulate wastewater collection, treatment, and disposal. •ACTIONS AND SCHEDULE: Table 25. MM 4.4. Implement an Ongoing Inflow and Infiltration Study. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Identify Flow Monitoring Site Locations x x x Conduct Flow Monitoring x x x Data Collection and Analysis x x x Management Measure 4.5: Conduct Hydraulic Modeling of Collection System The City of Corpus Christi has an on-going Capacity Assurance, Management, Operation and Maintenance (CMOM- a self -audit process developed and recommended for use by the EPA) program to address issues which may cause a negative impact on human health and safety or the environment and is developing a comprehensive City—wide hydraulic model of the wastewater collection system. The hydraulic model will facilitate understanding the root Texas Commission on Environmental Quality 54 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay causes of factors contributing to bacteria in the bay, aid in development of system improvements, produce informational maps/exhibits, and will recommend the system's response to future improvements. •WHAT: A hydraulic wastewater system model will equip the wastewater department with the tool for analyzing system conveyance capacities, bottlenecks, and potential overflow locations. •WHO: The Public Utilities Department, along with a competitively bid contract provide the forces to maintain the City's wastewater collection system. •WHERE: The modeling project will be broken into two phases based on the treatment plant service areas of greatest priority. Phase 1 will consist of Oso, Greenwood, and Broadway Wastewater Treatment Plants (WWTP) service areas. •GOAL: The Goal is to prevent overflows and increase system capacity •WHEN: The project is to be performed in a timely manner consistent with sound professional practices. Both phases are anticipated to be complete in future years. •HOW: The hydraulic model will enable the City to assess any potential capacity constraints and to develop strategies to optimize system performance to meet TCEQ permit requirements. The professional engineering consultant, if needed, should be chosen on the basis of competency rather than low bid. •COSTS/SOURCE OF FUNDS: Funding Implementation for the Citywide hydraulic model will be through A/E (Architecture/Engineer) professional services engineering contracts in the amount of $2,000,000. Funding for this Control Action is to be determined but may be provided by a grant from TCEQ or EPA. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act; state and federal Solid Waste Acts to regulate wastewater collection, treatment, and disposal. •ACTIONS AND SCHEDULE: Table 26. MM 4.5. Conduct Hydraulic Modeling of Collection System. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Texas Commission on Environmental Quality 55 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Phase 1 Modeling- Oso, Greenwood, and W Broadway WTP Basins x Data Analysis, Reporting, and Recommendations x x Texas Commission on Environmental Quality 56 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 27. Summary of Management Measure: Wastewater Collection Systems Management Measure: Wastewater Collection System Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Wastewater Collection System 4.1.) Enhance Existing Fats, Oil & Grease (FOG) Program TBD City of Corpus Christi Public Utilities operating budget Continue generator education directed to permitees and citizens. Tier 1- ongoing. Continue current program Decreased FOG associated overflows. Increased Food Service Grease Interceptor Maintenance Enforcement. Continue to monitor FSE's. Food Service HEM Monitoring. Partnership among City of Corpus Christi Public Utilities, Corpus Christi - Nueces County Health Department, Food Service Establishments (FSE Program). 4.2) Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSOs) TBD City of Corpus Christi Public Utilities operating budget Notification to TCEQ; this entity may choose further outreach/education activities. Tier 1- ongoing. TCEQ compliance. Continue reporting SSOs to TCEQ Monitor number of reported SSO's to TCEQ City of Corpus Christi Public Utilities Department Texas Commission on Environmental Quality 57 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 4.3) Expand Collection TBD City of Notify public on Tier 1- ongoing Continued Reduced number of overflow Continue City of Corpus System Line Cleaning, Inspection, Repair and Rehabilitation Corpus Christi Public Utilities operating budget collection system line cleaning. customer response. Funding for line cleaning reviewed. events. monitoring and response. Christi Funding for smoke testing increased. Number of repaired broken lines. 4.4) Implement an Ongoing TBD City of Provide data Tier 1- ongoing. Ranking of Determine flow monitoring Conduct City of Corpus Inflow and Infiltration Corpus results from I/I meter sub- site locations. flow Christi Study Christi study to the public. basins. monitoring Public Conduct flow monitoring. Utilities operating budget Preparation of sanitary sewer evaluation survey. I/I study report completed. Data collection and analysis. Analyze Flow and Infiltration Data to determined where wastewater infrastructure modifications/improvements to ensure adequate collection system conveyance capacity are needed. Texas Commission on Environmental Quality 58 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 4.5) Conduct Hydraulic TBD City of Provide data Tier 1. Reduction Data collection and analysis. Conduct Public Utilities Modeling of Collection Corpus results from in sanitary Flow Department System Christi Public hydraulic modeling study to the public sewer overflows. TCEQ compliance. Monitoring and contractors. Utilities operating budget Collection system capacity assurance Development of prioritized system improvement programs. Ranking of sub -basins based on I/I. Texas Commission on Environmental Quality 59 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 5.0: Stormwater Drainage System Existing requirements of Municipal Separate Storm Sewer System (MS4) permits address some important elements of bacteria loading in stormwater, offering an adaptive rather than prescriptive approach to bacteria reduction. Although not required under the MS4, Structural Best Management Practices (BMPs), such as modifications to stormwater outfalls may reduce bacteria through aeration, treatment by sunlight, or physical removal of contaminants, and have the potential to reduce bacteria loading into waterways. However, there is limited data regarding how well such BMPs (i.e. green infrastructure) might reduce bacteria loading. Therefore, the CARP Committee has identified the evaluation of the effectiveness of green infrastructure as one of its priorities. Management Measure 5.1: Determine Effectiveness of Stormwater Retrofits* to Remove Bacteria Fecal indicator bacteria such as Enterococcus in urban stormwater originate from feces of warm blooded animals deposited in the watershed. These bacteria may be directly deposited into the receiving water or carried to the receiving water by stormwater runoff. Bacteria may persist for extended periods of time outside of a warm-blooded host in sediments, biofilms, and organic litter in stormwater facilities, pipes and media. Understanding sources of bacteria is important in selecting appropriate BMPs targeted to these sources. Managing the source should be the first strategy implemented. A variety of guidance and techniques exist for conducting bacteria source tracking, ranging from relatively straight forward illicit discharge screening to complex microbial source tracking (MST) studies. As funding is identified and becomes available the City of Corpus Christi should perform a small scale pilot program on a public improvement project using a site- specific engineered stormwater retrofit in Cole and Ropes Park Stormwater drainage basin. (*Retrofits are defined as "stormwater treatment practices in stream corridors or upland areas to capture and treat stormwater runoff before it flows into the receiving water". (EPA 2007; www. cwp.org; www. stormwatercent er. net). As part of this small scale pilot program, the City should undertake a detailed survey of the stormwater collection system in one or two of the small drainage basins in the study area, including either smoke testing or televising the stormwater sewer lines, to determine whether illegal cross connections or leaking/broken private sewer laterals are contributing sewage to the stormwater collection system. Retrofits which may assist in reducing bacteria concentrations Texas Commission on Environmental Quality 60 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay in stormwater include diverting flows through constructed wetlands, exposing previously underground flows to sunlight, or diverting runoff to wet ponds. There is a need for additional research into the effectiveness of removing bacteria from stormwater runoff with retrofits to existing infrastructure in urban environments. The results of this pilot project should be used to determine if retrofits to existing infrastructure are effective in reducing Enterococcus levels in stormwater runoff. •WHAT: The purpose of this implementation activity is to determine the feasibility of reducing bacteria concentrations from urban runoff by retrofitting existing infrastructure and evaluating the level of bacteria removal. When a funding source becomes available, the City may perform a small scale pilot program on a public improvement project using a site specific engineered stormwater retrofit to determine if such retrofit is effective at reducing Enterococcus bacteria. •WHO: The City of Corpus Christi •WHERE: Cole and Ropes Parks Stormwater drainage basin. The pilot project should be developed on City -owned property. Site specific pilot project location to be determined with assistance of an engineering consulting firm. •GOAL: Determine if stormwater retrofit(s) can effectively reduce bacteria in stormwater runoff. •WHEN: Tier 1. •HOW: The City of Corpus Christi should hire an engineer experienced in designing stormwater retrofits for pollutant reduction. The City or the City's designee will monitor the bacteria levels at the inflow and outflow of the retrofit and report findings to the CARP committee. •COSTS/SOURCE OF FUNDS: Estimated cost ($75,000). Source of funding to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 28. MM 5.1. Determine Effectiveness of Stormwater Retrofits to Remove Bacteria. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Conduct Pilot Project x Develop Recommendations for Further Stormwater Retrofits x at completion of pilot study x Texas Commission on Environmental Quality 61 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 5.2: Continue the Major Outfall Assessment and Repair Program as Funding Allows There are eight major stormwater outfalls and more than 8o other outfalls that allow stormwater runoff to flow into Corpus Christi Bay. In 2003, 13.5 miles of these outfall structures were inspected and improvements and repairs were made to four outfalls. •WHAT: Continue the ongoing Major Outfall Assessment and Repair program instituted by the City of Corpus Christi, as funding allows. •WHO: The City of Corpus Christi •WHERE: First priority should be outfalls in Cole and Ropes parks. •GOAL: To continue the ongoing maintenance and repair, as needed, of stormwater outfalls which may influence segments of Corpus Christi Bay at Cole and Ropes Parks. Verifying the integrity and function of such outfall structures will ensure the carrying capacity of the system is protected, while minimizing sediment deposition due to physical defects and system failures. As funding and technological advances become available, the City should evaluate the feasibility of retrofitting structurally unsound outfalls to incorporate water quality improvements. •WHEN: As voters and City Council approve funding for the program. •HOW: Continue existing Capital Improvement Program to assess the condition of major outfalls. Condition assessments should rank and prioritize outfall repairs or replacements needed. When major repairs or replacement are warranted, the project should be evaluated to determine the feasibility of retrofits for water quality improvements. The engineer should develop a list of alternatives that could be implemented to project water quality improvements. •COSTS/SOURCE OF FUNDS: To be determined by infrastructure condition monitoring, source of funding for retrofits to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. Texas Commission on Environmental Quality 62 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 29. MM 5.2. Continue the Major Outfall Assessment and Repair Program as Funding Allows. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Assess Outfalls Within CARP Area x Develop Repair/Retrofit Recommendations x Management Measure 5.3: Support and Encourage the Adoption of Stormwater Master Plan The City is proceeding with adoption of a stormwater master plan. In April 2013, the Level of Service for the SWMP was presented and approved by Corpus Christi City Council. The Level of Service, which is the first step in adopting the SWMP and is a Council level policy approval item, allows City Departments the ability to proceed with developing design standards and updating maps. The approved Level of Service and the SWMP are predicates to amending existing development and construction codes to reflect adopted changes. The City will be re-engaging with a design consultant to assess the impact of the revised level of service and feasibility of incorporating stormwater quality criteria in the master plan. •WHAT: Encourage City leadership and staff to adopt the Stormwater Master Plan, develop design standards and modify City Code of Ordinances as needed. •WHO: The City of Corpus Christi's Development Services, Capital Programs and Public Utilities Departments. •WHERE: Within the corporate boundaries of the City of Corpus Christi •GOAL: Adoption of a SWMP that incorporates water quality protection incentives. •WHEN: Tier 1. Within 5 years of the approval of this I -Plan and securing funding for this activity. •HOW: With the engagement of community groups and support of interested stakeholders to be involved in Plan CC and other long-term City planning efforts. •COSTS/SOURCE OF FUNDS: To be determined. •RESPONSIBLE ORGANIZATION(S): CARP, CBBF, CBBEP, and other similar interested organizations. Texas Commission on Environmental Quality 63 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 30. MM 5.3. Support and Encourage the Adoption of Stormwater Master Plan. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Support and Encourage Stakeholder Activity Leading to the Adoption of the Stormwater Master Plan x x x Hold Community -wide Workshop for Developing Stormwater Master Plan Support x x x Create a Stakeholder Master Plan Support Team x Texas Commission on Environmental Quality 64 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 31. Summary of Management Measure: Stormwater Drainage System] Management Measure: Stormwater Drainage System Management Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Stormwater Drainage System 5.1) Determine Effectiveness of Stormwater Retrofits to Remove Bacteria TBD TBD Educate public on Stormwater Retrofits Tier 1 CARP will develop recommendations based on the data collected in the pilot study. Effective bacteria removal. Initiate a pilot study for outfall assessments. Assess retrofits annually to determine if repairs are needed City of Corpus Christi 5.2) Continue the Major Outfall Assessment and Repair Program as Funding Allows TBD TBD Notify public about the repair program and provide results from the assessment Tier 1 Assessments completed. Outfall assessment program. Engineer recommends alternatives to City Continue the assessment program as funding permits to other basins affecting the CARP area. City of Corpus Christi 5.3) Support and Encourage the Adoption of Stormwater Master Plan TBD City of Corpus Christi Make the Stormwater Master Plan available to public once adopted Tier 1 Adoption of a Stormwater Master Plan Evaluate the effectiveness from a water quality and cost perspective Improved Stormwater management within the watershed Review Stormwater Master Plan annually and determine if revisions are needed City of Corpus Christi Texas Commission on Environmental Quality 65 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.0: Ordinance and Regulation Source tracking should be the FIRST implementation activity before any other engineering solutions, etc. to determine how to order/prioritize further activities. The information obtained in the pilot program described in 5.1 should be utilized to determine whether illegal cross connections or broken or leaking wastewater laterals are providing a source of bacteria within the target basins and whether Management Measures 6.1-6.3 are needed. Management Measure 6.1: Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program •WHAT: Residential properties have been identified as a potential source of wastewater and other wastes materials that could result in bacteria into the City's MS4. Old, leaking, broken, or improperly installed or maintained private wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4 are a primary concern. Establish a targeted inspection program for private sewer lines, within the drainage basins contributing flows to the TMDL program area, to test private sewer lines to make sure they do not have any leaks or breaks, and require by law the repair of substandard private sewer lines, also known as private laterals. Lateral failures are often latent defects, not seen, until raw sewage reaches premises surfaces or floods the interior of a home. Sellers can mask such problems or fail to disclose. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within 10 years, reduce or eliminate all leaking or broken private sewer lines within the drainage basins that discharge within the TMDL. •WHEN: Develop, adopt and implement a targeted private sewer line inspection program within five years of adoption of the I -Plan. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, identify sections that need to be amended to further the stated goal and prepare and present for adoption the ordinances necessary to amend the codes during the next technical construction codes update process. • HOW: see a.) and b.) below a. Leaking Private Sewer Line Inspection Program using Hydrostatic or Televised Testing. Pilot Project. Utilizing the information obtained in the Texas Commission on Environmental Quality 66 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay pilot program described in 5.1, determine whether broken or leaking private wastewater lateral systems are providing a source of bacteria by infiltration into stormwater collection systems in the target basins. Establish an enhanced, targeted inspection program for private sewer lines, within the drainage basins contributing flows to the TMDL program area, to test private sewer lines to make sure they do not have any leaks or broken sewer lines, and mandate repair of substandard private sewer lines, also known as private laterals. (Note: Inspection program could be conducted by licensed plumbers or other certified entities. This is an appropriate requirement prior to a change of house ownership, to enable a new owner to be aware of an actual problem and not be misled into an expensive surprise to correct failed plumbing. Often, plumbing problems are ignored after a purchase because the new owner has no budget to fund expensive corrections. The current system allows "latent" defects to be passed on to a new owner. There is no leverage or requirement for plumbing inspections.) b. Code Updates. Update City's Building and Housing Standards Code, especially, as they relate to the issue of leaking / broken underground sewer lines. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. (Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, identification of needed repairs, and needed lateral replacements, at rates designed to cover the total costs to the City to administer the program. The City could also explore funding/tax abatement/incentives programs to assist the City with program cost overruns as well as seek grants to cover costs of inspections, needed repairs, and lateral replacements, especially for low income property owners. Private inspections of residential lateral lines, accompanying a sale, can likely be accomplished for under $ioo.00 to the parties involved, or for free if additional plumbing work is scheduled by a seller or buyer. The City would need to establish a disclosure filing fee to record inspection results associated with a sale. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 32. MM 6.1. Residential Leaking / Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Prepare and Present to Council Ordinances Necessary to Establish Targeted Inspection Program Within CARP Area x at completion of 5.1 x Prepare and Present to Council Ordinances Necessary to Update City's Technical x at x Texas Commission on Environmental Quality 67 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Construction Codes to Address Illegal Cross - connections completion of 5.1 Management Measure 6.2: Commercial Cross -Connection Inspection Program •WHAT: Commercial properties (including multi -family rental property, large condominiums, retail establishments, and industrial properties) may be identified as potential sources of wastewater and other waste materials that could result in introduction of bacteria into the City's MS4. The primary concerns involve illegal cross - connections between the private stormwater and wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce or eliminate all illegal cross -connections within the drainage basins that discharge within the TMDL within 10 years. •WHEN: Develop, adopt and execute an enhanced, targeted illegal cross -connection inspection program in Tieri. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, including unpermitted work by homeowners within two years, which codes and amendments are intended for adoption during the next technical construction codes update process. •HOW: see a.) and b.) below a. Illegal Cross -connections Pilot Inspection Program. Utilizing the information obtained in the pilot program described in 5.1, determine whether illegal cross connections between private wastewater systems and the stormwater collection system are providing a source of bacteria within the Cole and Ropes Parks stormwater basins. Expand City's current inspection programs within drainage basins, contributing flows into the TMDL program area, to locate unauthorized cross -connections on commercial properties. This may include smoke testing wastewater and stormwater lines. b. Code Updates. Update City's Technical Construction Codes, especially as they relate to the issue of cross -connections. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of inspections, identification of needed repairs, and needed lateral Texas Commission on Environmental Quality 68 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay replacements, at rates designed to cover the total costs to the City to administer the program. The City could also explore funding/tax abatement/incentives programs to assist with program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 33. MM 6.2 Commercial Cross -connection Inspection Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Illegal Cross -connections Pilot Inspection Program x Code Updates x at completion of Pilot Project Management Measure 6.3: Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program •WHAT: Commercial properties have been identified as a potential source of wastewater and other waste materials that could result in the infiltration of bacteria into the City's MS4. The primary concerns involve old, leaking, broken, or improperly installed or maintained private wastewater lines on the property that allow wastewater to infiltrate into the MS4. Establishment of an inspection program to test private sewer lines to make sure they do not have any leaks or breaks, and mandate repair of substandard private sewer lines, also known as private laterals. (Note: Inspection program could be conducted by licensed plumbers or other certified entities.) The problem seems more prevalent in areas with older clay pipe, installed in the 3o's, 40's, and 50's, and with cast iron pipes, installed in 6o's and 70's, all before widespread use of PVC piping. There should be an evaluation of the adequacy of the City's current certificate of occupancy program to determine if necessary changes in a property's infrastructure are being correctly installed and properly maintained, especially upon a change of ownership or a change in tenants. This might necessitate the adoption of a business permit system within the City. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. Texas Commission on Environmental Quality 69 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: Within 10 years, reduce or eliminate leaking or broken private sewer lines within the drainage basins that discharge within the TMDL area. •WHEN: Propose to City Council to consider for approval and adoption a leaking and broken private sewer inspection program. Undertake and complete review of City's Technical Construction Codes, for adoption during the next technical construction codes update process. •HOW: see a.) and b.) below a. Leaking or Broken Private Sewer Lateral Pilot Inspection Program. Utilizing the information obtained in the pilot program described in 5.1, determine whether broken or leaking commercial wastewater lateral systems are providing a source of bacteria by infiltration into stormwater collection systems in the target basins. Establish an inspection program to test private sewer lines to make sure they do not have any leaks or breaks, and mandate repair of substandard private sewer lines, also known as private laterals, especially upon a change of ownership and/or a change in tenants. (Note: Inspection program could be conducted by licensed plumbers or other certified entities.) b. Certificate of Occupancy. Evaluate the adequacy of the City's current certificate of occupancy program to determine if necessary changes in a property's infrastructure are being correctly installed and properly maintained, especially upon a change of ownership and/or a change in tenants. This might necessitate the adoption of a business permit system within the City. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer at rates designed to cover the program costs of inspections, identification of needed repairs, and needed lateral replacements. The City could explore funding/tax abatement/incentives programs to assist the City with program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. Texas Commission on Environmental Quality 70 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 34. MM 6.3 Commercial Leaking / Broken Sewer Laterals Pilot Inspection/Testing Program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Leaking or Broken Private Sewer Lateral Pilot Inspection Program x Evaluate the Adequacy of the City's Current Certificate of Occupancy Program x at completion of Pilot Project Management Measure 6.4: Improved Grease Trap Standards •WHAT: Clogged, overloaded grease and grit traps and improperly operating oil/water separators may result in contaminated runoff entering the City's MS4, encouraging the growth of bacteria with the underground stormwater sewers. There is a need to review the standards for oil, grease, and grit traps in City's current Technical Construction Codes to verify they have adopted the best available technology, and to adopt new standards for new and existing commercial properties. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Within 10 years, reduce or eliminate introduction of wastewater contributed by undersized or malfunctioning grease interceptors and /or oil -water separators into the MS4 from commercial properties within the drainage basins that discharge within the TMDL area. •WHEN: Undertake and complete review of City's Technical Construction Codes, intended for adoption and amendment during the next technical construction codes update process. •HOW: Review the standards for grease interceptors and /or oil -water separators in City's current Technical Construction Codes to verify they have adopted the best available technology, and adopt new standards for new and existing commercial properties. Existing installations should not be grandfathered, if they fail to meet the current pre-treatment requirements, they should be afforded the opportunity to come into compliance with new requirements after a reasonable amortization period. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined Adopt by ordinance the necessary regulatory fees, to be charged to the Texas Commission on Environmental Quality 71 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay customer for costs of inspections, to identify needed repairs, and grease trap, grit trap, and oil/water separator replacements, at rates designed to cover the total costs to the City to administer the inspection program. The City could also explore funding/tax abatement/incentives programs to assist the City with any program cost overruns. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 35. MM 6.4 Improved Grease Trap Standards. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Grease Trap, Grit Trap, and Oil/Water Separator Inspection Program X Undertake and Complete Review of City's Technical Construction Code Provisions Related to Grease Traps, Grit Traps, and Oil/Water Separators. X Management Measure 6.5: Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes •WHAT: Develop and present for adoption code amendments to strengthen current ordinances that require pet owners to remove and properly dispose of pet wastes, such as the "pooper scooper" requirements and the requirement to remove waste that has accumulated on the ground from animals that are harbored on the property (premises). This should also apply to free range chickens and livestock that are not related to a commercial agriculture operation. Ordinance amendments would include, at a minimum, new enforcement measures, stricter fines, and enhancements to improve enforceability. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce amount of pet wastes running off of private property and into the City's MS4. •WHEN: Adopt amendments to the animal control ordinances within two years. •HOW: City staff should review animal control ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City's Animal Control Board for review and recommendation, and refer to City Council for adoption. Amendments should provide for enhanced Texas Commission on Environmental Quality 72 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay enforcement capabilities, fines or increased fines, and consider fees and other consequences for violating the law. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the violator for code enforcement costs, at rates designed to cover the total costs to the City to administer the program •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 36. MM 6.5. Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Review Animal Control Ordinances Adopted in Other Communities and Draft Appropriate Amendments to City's Animal Control Ordinances X Management Measure 6.6: Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals •WHAT: Consider adoption of measures to control feral cats, rodents, and nuisance animals, such as possums, that property owners allow to take up residence on their property. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce amount of animal wastes running off of public and private property and into the City's MS4. •WHEN: Adopt amendments to the animal control ordinances within two years. •HOW: City staff should review animal control ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City's Animal Control Board for review and recommendation, and refer to City Council for adoption. The City's police department, as well as code compliance department, ought to be engaged in animal waste control enforcement. Officers on bicycles are optimal contacts to warn the public of pet waste obligations. Police department engagement will require a policy shift. Amendments should provide Texas Commission on Environmental Quality 73 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay for enhanced enforcement capabilities, fines or increased fines, and consider administration fees and other consequences for violating the law. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of any inspections and code enforcement costs, at rates designed to cover the total costs to the City to administer the program. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi •ACTIONS AND SCHEDULE: Table 37. MM 6.6. Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Review Animal Control Ordinances Adopted in Other Communities, and Present for Adoption Appropriate Amendments to the Code of Ordinances x Management Measure 6.7: Install Additional Signage •WHAT: Install appropriate signage to warn the public of potential public health risks associated with contact recreation in bay waters when bacteria levels exceed state water quality standards for contact recreation, which normally occur during and immediately following heavy rain events. •WHO: City of Corpus Christi •WHERE: At access points in City parks and public areas, adjacent to the TMDL study area; which are used to access bay waters for contact recreation. •GOAL: Until such time as engineering solutions to the elevated bacteria levels in the bay at Cole and Ropes Parks are implemented, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have elevated bacteria levels during and immediately following heavy rain events. •WHEN: Within two years of adoption of the plan. •HOW: In the interest of the economy, install permanent signage, which may or may not be related to the Texas General Land Office Beach Watch Program, which advises public of general risk of using bay waters for contact recreation during and immediately after heavy rain events. Texas Commission on Environmental Quality 74 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. •ACTIONS AND SCHEDULE: Table 38. MM 6.7. Install Additional Signage. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Install Additional Signage. x Within one year of adoption of this plan Management Measure 6.8: Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall •WHAT: Prepare and present to Council for adoption the ordinances that would devise an advisement protocol to warn the public of periodically elevated bacteria levels, as anticipated by weather forecasts for rain, as well as warnings during and immediately after rainfall, and an advisement protocol to notify the public when elevated bacteria levels are assumed to have fallen to permissible levels. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Until such time as implementation of an engineering solution to the bacterial contamination created in the "first flush" of a heavy rainfall event, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have elevated bacteria levels during and immediately following heavy rain events. •WHEN: Within one year of adoption of the plan. Texas Commission on Environmental Quality 75 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •HOW: By adoption of an ordinance, establish the standards for issuing general and specific public health safety advisories on the contact recreational use of subject bay waters when bacteria levels exceed contact recreation water quality standards. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 39. MM 6.8. Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings and Immediately After Rainfall. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Prepare and Present to Council for Adoption x Ordinances Setting Standards for Issuing Prepare General and Specific Public Health Safety ordinance Advisories on the Contact Recreational Use within one year of Bay Waters with Bacterial Contamination of adoption of Following Major Rain Events implementation plan and obtaining support of affected stakeholders Management Measure 6.9: Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks •WHAT: Prepare and present to Council for adoption an ordinance that authorizes the City Manager to close or deny contact access to recreational waters from City parks and public spaces during periods when there is a risk to public health from elevated bacteria levels in the bay. This ordinance proposal will be held in active abeyance during the first implementation cycle of the I -Plan. During this abeyance period, recognized stakeholder work groups, Ordinances/Regulations; Education/Outreach; and Monitoring/Research, will meet to create specific language or elements for a proposed ordinance to direct closure or direct advisories pertaining to the subject beaches during periods of risk to the public health or safety. The goal of the ordinance will be to regulate or manage beach access during periods of risk to public health or safety. The work groups will explore conditions and progress made under the I -Plan that may affect the efficacy and appropriateness of a beach access ordinance. Elements for work group consideration, include, but are not limited to, creation of an exempted class of recreational user; the use/non-use of the City's police powers in managing access; potential for penalties and non -penal approaches to enforcement; education and outreach in lieu of enforcement or to supplement enforcement; progress or new approaches to testing and evaluation; and Texas Commission on Environmental Quality 76 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay any legal and scientific avenues appropriate to managing access to affected beaches for benefit of the public health and safety. The participating work groups will, at their discretion, as individual groups or a consolidated work group, vote a proposed ordinance draft, or the elements of such, to the CARP committee for further action, which committee may incorporate the ordinance draft or its elements as an adjunct to the current I -Plan at any time the CARP committee may deem appropriate to accept or decline the proposal. The ordinance will include language to exempt activities of organized and individual windsurf/sailboard/kiteboard users, that rely upon the launch site at Oleander Point within Cole Park, predicated upon informed assumption of risk for this class of recreation user. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Until such time as an implemented engineering solution to the elevated bacteria levels in the bay waters adjacent to Cole and Ropes Park, reduce public health risks associated with contact recreational use of bay waters adjacent to City stormwater outfalls, which have excessive bacteria levels during and immediately following heavy rain events. •WHEN: Within two years of adoption of the plan. •HOW: Adopt ordinance to authorize the City Manager to close or deny access to bay waters for contact recreation from City parks and public spaces during periods when there is a significant public health risk associated with the use of the subject bay area for recreational contact when bay waters exceed state water quality standards for contact recreation, which normally occur during and immediately following heavy rain events. Closure or denial of access would be accomplished by posting appropriate signage and installing barriers on physical access points, such as steps or pathways. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws, as applicable. Texas Commission on Environmental Quality 77 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 40. MM 6.9. Restrict Access to Bay Waters from City Parks and Other Bay Front City Properties During Periods of Significant Public Health Risks. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Adopt Ordinance Authorizing City Manager x to Restrict Access to Targeted Bay Waters Propose for Contact Recreation When There is a ordinance Significant Public Health Risk. within two years of adoption of !- Plan and based on stakeholder input. Management Measure 6.10: Adopt and Enforce Additional Ordinances •WHAT: Solid waste, especially litter that contains or was associated with food and beverages, that gets into the City's MS4, can contribute to the growth of bacteria within the stormwater system. While the City currently has some ordinances to address litter at food establishments, the current ordinances do not provide adequate requirement related to the number and maintenance of outdoor trash receptacles in commercial parking lots and public access areas to allow the public to properly dispose of waste that has been generated as a result of the commercial activities on the property. Responsible landlords and commercial owners, who invest in clean premises costs, are at a competitive disadvantage against operators who ignore cleanliness to enjoy higher profit margins. New and amended ordinances should provide: a. More Receptacles. Increase the required number of waste receptacles on commercial properties and public areas. b. More Commercial Waste Service. Enhance a commercial owner's maintenance obligations to service waste receptacles and clear parking lots of loose debris, particularly, discarded used diapers and animal carcasses, with special attention to dead birds and discarded food that attracts birds and bird feces. Texas Commission on Environmental Quality 78 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay c. Dumpsters. Enhanced ordinance obligations requiring contractors who provide dumpsters to keep dumpster areas free of deleterious materials and leakage. (Generally, sanitation obligations pertaining to dumpsters are not being observed. More enforcement is needed). d. Plastic. Support the current efforts to reduce plastic bag usage. e. Relief from Fugitive Waste on City Service Routes. Updated and enforceable secondary containment requirements for both automated and manual routes, which secondary requirements are already in Chapter 21, Garbage, Trash, and Other Refuse, but lack standards for required plastic and paper container bags, and which regulations are further without enforcement capability for lack of statement of offense. Enforcement of secondary containment puts the citizen customer where he or she ought to be, in a responsible position to assist the City in controlling fugitive wastes. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce volume of solid wastes that runoff or blow into the MS4 from commercial properties. •WHEN: Within two years of adoption of the implementation plan. •HOW: City staff should review litter and property maintenance ordinances adopted in other communities, draft appropriate proposed amendments to the Code of Ordinances, submit the proposal to the City Council for adoption. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees, to be charged to the customer for costs of any inspections and code enforcement costs, at rates designed to cover the total costs to the City to administer the program. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution, and other state, local and federal laws. •ACTIONS AND SCHEDULE: Table 41. MM 6.10. Adopt and Enforce Additional Ordinances. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Adopt Appropriate Ordinances. x Throughout the life of the I -Plan Texas Commission on Environmental Quality 79 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure 6.11: Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment •WHAT: Review "low impact development" standards adopted by other communities that will reduce volumes of stormwater runoff from areas of new development or significant redevelopment. •WHO: City of Corpus Christi. •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce the volume of runoff generated from areas of new development or significant redevelopment. •WHEN: Target adoption of amendments to the Unified Development Code (UDC) within three calendar years. •HOW: Establish a special advisory committee to study issues and make recommendations to the Planning Commission and City Council. Committee should have broad public membership, and should include developers, residential and commercial builders, consulting engineers, neighborhood homeowner association representatives, and environmental interest. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi. •ACTIONS AND SCHEDULE: Table 42. MM 6.11. Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant Redevelopment. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Establish Special Advisory Committee x within three years Amend UDC to Encourage "Low Impact" Development. x throughout the life of the I -Plan x x Texas Commission on Environmental Quality 80 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 43. Summary of Management Measure: Ordinance and Regulation Management Measure: Ordinance and Regulation Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Ordinance and Regulation 6.1) Residential Leaking/Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program TBD TBD Public will be educated on sewer lateral inspection/tes ting program Tier t. Complete review of current technical construction an codes and adopt necessary amendments during next code revision process. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. Determine # of broken/leaking private sewer lines identified vs. # of broken /leaking private sewer lines corrected. Prepare and prent to Council ordinances necessary to establish an enhanced, targeted inspection program of private sewer lines within the drainage basins contributing flows to the TMDL program area to test private sewer lines to make sure they do not have leaks or broken sewer lines Prepare and present to Council for adoption the ordinances that would update City's technical construction codes to address illegal cross connections Determine number of illegal cross- connections identified vs. number of illegal cross - connections corrected City of Corpus Christi Texas Commission on Environmental Quality 81 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.2) Commercial Cross- TBD TBD Educated Tier 1. Establish an Complete Determine City of connection Inspection Program public on Cross- connection Inspection Program enhanced, targeted inspection program within the drainage basins contributing flows to the TMDL program area to locate unauthorized cross- connections on private property, which may include smoke testing wastewater collection lines and stormwater lines. ordinance review and amendment adoption process Complete inspection of target drainage basins within 10 years Complete review of current technical construction codes and adopt any necessary amendments during the next code revision process. number of illegal cross- connections identified vs. number of illegal cross - connections corrected. Corpus Christi Update City's technical construction codes to address illegal cross- connections. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. Texas Commission on Environmental Quality 82 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.3) Commercial Leaking/ TBD TBD Educate Tier 1. Establish an Complete Determine City of Broken Private Sewer Laterals Pilot Inspection/ public on Sewer Lateral enhanced, targeted pilot ordinance review and number of broken/ Corpus Christi Testing Program Inspection Program inspection program of private sewer lines within the drainage basins contributing flows to the TMDL program area to test private sewer lines to make sure they do not have any leaks or broken sewer lines. Update City's technical construction codes to address illegal cross- connections. amendment adoption process within two years of adoption of this implementati on plan. Complete review of current technical construction codes and adopt any necessary amendments during the next code revision process. Take appropriate enforcement action, if property owners do not make necessary repairs to private sewer lines. leaking private sewer lines identified vs. number of broken/ leaking private sewer lines corrected. Texas Commission on Environmental Quality 83 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.4) Improved Grease Trap TBD TBD Notify Public Tier 1. Continue and Implement Determine City of Standards of new Grease Improve inspection number of Corpus Trap Standards grease trap, grit trap, and oil/water separator inspection program. Undertake and complete review of City's Technical Construction Code provisions related to grease traps, grit traps, and oil/water separators. program within two years of adoption of the implementati on plan. Adopt any necessary changes during the next technical construction codes update process. Take appropriate enforcement action, if property owners do not replace or make necessary repairs to improperly operating grease traps, grit traps, and oil/water separators. grease traps, grit traps, and oil/water separators that do not operate at appropriate levels vs. number of grease traps, grit traps, and oil/water separators repaired or replaced. Christi Texas Commission on Environmental Quality 84 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.5) Strengthen Current TBD TBD Educate Tier 1. Review Complete Number of City of Animal Control Ordinances public on new animal ordinance complaints Corpus Relating to Removal and animal control review and investigated. Christi Disposal of Pet Wastes control ordinances ordinances adopted in other communities and draft appropriate amendments to City's animal control ordinances. amendment adoption process within two years of adoption of this implementati on plan. Number of enforcement actions taken (includes issuance of warnings, notices of violation, and citations). Evaluate number of complaints investigated Texas Commission on Environmental Quality 85 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.6) Implement Measures to TBD TBD Educate Tier 1. Review Complete Number of City of Control Feral Cats, Rodents, and Nuisance Animals public on measures they could help control feral cats, rodents, and nuisance animals. animal control ordinances adopted in other communities, and present for adoption appropriate amendments to the Code of Ordinances. Make pet waste enforcement a policy priority, or at least a function, within the ordinance review and amendment adoption process within two years of adoption of this implementati on plan. Complete policy change within one year of adoption of I - Plan. complaints investigated. Number of enforcement actions taken (includes issuance of warnings, notices of violation, and citations). Corpus Christi City's police department, not limited to code compliance department. 6.7) Install Additional TBD TBD Educate via Tier 1. Install Signs are Maintain City of Signage signage additional signage. installed signage Corpus Christi Texas Commission on Environmental Quality 86 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.8) Develop Advisement Protocol to Warn the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall TBD TBD Public health safety advisories are issued as directed in the ordinance. Tier 1. Ordinances adopted within one year of adoption of I- Plan Prepare and present to Council for adoption ordinances setting standards for issuing general and specific public health safety advisories on the contact recreational use of bay waters with bacterial contaminatio nfollowing major rain events. Evaluate how many public health safety advisories were issued as directed in the ordinance(s). City of Corpus Christi 6.9) Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties During Periods of Public Health Risks TBD TBD Notify public of new beach/water restrictions when bacteria levels are or can be a health risk. Tier 1 Adopted within one year of adoption of I- Plan Number of Restrictions advised. Evaluate how many public health safety advisories/res trictions were issued. City of Corpus Christi 6.10) Adopt and Enforce Additional Ordinances TBD TBD Notify public of new ordinances. Tier 1. Propose ordinances for adoption within 2 years of adoption of implementati on plan. Adopt appropriate ordinances. Evaluate the effectiveness of appropriate ordinances that have been adopted. City of Corpus Christi Texas Commission on Environmental Quality 87 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity 6.11) Explore Adoption of TBD TBD Educate Tier 1. Adopt Amend UDC Evaluate the City of Additional "Low Impact public of LID necessary to encourage effectiveness Corpus Development" Standards in standards in ordinances "low impact" of new Christi Unified Development Code that will Reduce Volumes of Stormwater Runoff From Areas of New Development or Significant unified development code. within 3 years of adoption of this implementati on plan. development. developments utilizing LIDS. Redevelopment Texas Commission on Environmental Quality 88 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 1.0.- Wastewater Collection Systems Sanitary sewers can fail to function properly due to blockages, line breaks, defects that allow stormwater and groundwater to overload the system, lapses in operation and maintenance, inadequate design and construction, power failures, deferred replacement, and vandalism. The EPA has concluded that sanitary sewer overflows (SSOs) contribute to bacteria loading in almost all impaired streams, but may or may not be a primary source of loading. EPA acknowledges that SSO data is difficult to assess. In general, implementation actions consist of encouraging improvements to sanitary sewers through hydraulic modeling and completing an inflow and infiltration study; reducing the amount of fats, oils, and grease entering the system; continuing sanitary sewer line cleaning; and reporting of SSOs to the TCEQ. These reports are public information and are available from the TCEQ. Control Action 1.1: Continue Existing Fats, Oil & Grease (FOG) Program Fats, oil, and grease (FOG) are considered to be a leading cause of blockages in sanitary sewers, and the EPA estimates that blockages account for nearly 5o percent of all SSOs nationwide. This Control Action enables the City of Corpus Christi to determine the proper size and design for grease interceptors, to inspect traps regularly, and to require grease interceptors be effectively maintained by businesses. •WHAT: Almost all of the City's Food Service Establishments (FSE) are required to have a grease interceptor and this is initially enforced by Development Services through the building permit process. Thereafter, FSEs are inspected annually by the City's Pretreatment staff. Inspections include reviewing manifests for grease interceptor cleaning frequency and analyzing Hexane Extractible Material (HEM) levels, which cannot exceed 200 mg/l. The hexane solvent methodology is used to measure total oils and grease. A Notice of Violation is sent to FSEs where exceedances are observed, with a requirement to increase the interceptor cleaning frequency. Continued exceedances may result in a requirement for a larger or more effective interceptor. In addition to notices in utility bills, residents are advised to avoid putting grease in the drains at the annual World of Water event at the Corpus Christi Museum of Science and History. The City provides fat trapper containers and bags at no charge to attendees. •WHO: City of Corpus Christi Public Utilities, Corpus Christi- Nueces County Health Department, Food Service Establishments (FSE Program). •WHERE: All FSEs in the Cole and Ropes Parks contributing drainage areas. Texas Commission on Environmental Quality 89 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •GOAL: Reduce or eliminate SSOs resulting from blockages caused by FOG through monitoring and enforcement of the City's ordinances prohibiting grease input into the wastewater collection system •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Through continuing efforts in the City's FOG program. •COSTS/SOURCE OF FUNDS: Approximately $400,000 annually, in the range of Public Utilities operating budget. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi Public Utilities Department •ACTIONS AND SCHEDULE: Table 44. CA 1.1. Continue existing Fats, Oil & Grease (FOG) program. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Food Service HEM Monitoring x x x Food Service Grease Interceptor Maintenance Enforcement. x x x Control Action 1.2: Continue Monitoring Sanitary Sewer Overflows (SSOs) •WHAT: Sanitary Sewer Overflows are accurately reported by the City's Public Utilities Department to the TCEQ. It is City policy that all reported overflows are repaired or addressed. The intent of this Control Action is to continue the SSO reporting by the City of Corpus Christi. •WHO: The City of Corpus Christi Public Utilities Department •WHERE: The main priority area will be within the Cole and Ropes Park drainage basin and include Brawner Parkway drainage basin. •GOAL: Continue reporting SSOs. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Continue reporting SSOs as is currently being done to date. •COSTS/SOURCE OF FUNDS: The costs associated with SSO reporting to the TCEQ by the City are included in the Public Utilities Department's annual operating budget. Texas Commission on Environmental Quality 90 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 45. CA 1.2. Continue Monitoring Sanitary Sewer Overflows (SSOs). Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue SSO reporting x x x Control Action 1.3: Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi has an on-going program of cleaning and televised inspecting its wastewater collection system. This is part of the Wastewater Department's maintenance and operation plan for improved performance. Through cleaning and televising, the City can optimize repairs/rehabilitation efforts to meet TCEQ permit requirements. •WHAT: Maintenance of lines is a Public Utilities Department function to assure improved performance to its 83,000 customers who depend on this service every day. •WHO: The Public Utilities Department, along with competitively bid contracts, provides the forces to maintain the City's collection system. •WHERE: Annually, the Public Utilities Department assesses all areas of the City to determine need for improved maintenance and repairs. Areas needing replacement are placed on the Capital Improvements Program (CIP) plan for bid solicitation. Also, database reviews occur to resolve problematic areas in the system. •GOAL: Prevent overflows and increase system capacity. •WHEN: Implementation beginning in Tier 1 and continuing. •HOW: Generally, through cleaning and closed circuit televising (CCTV), smoke detection surveys, and customer complaints of affected areas, resolution of problems and improvements of the systems are accomplished. Texas Commission on Environmental Quality 91 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: The Public Utilities Department. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution. •ACTIONS AND SCHEDULE: Table 46. CA 1.3. Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation x x x Texas Commission on Environmental Quality 92 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 47. Summary of Control Action Wastewater Collection Systems Control Action: Wastewater Collection Systems Control Action Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Wastewater Collection Systems 1.1.) Continue Existing Fats, Oil & Grease (FOG) Program TBD City of Corpus Christi Public Utilities operating budget Continue generator education directed to permittees and domestics. Tier 1. Continue current program Decreased FOG associated with overflows Food Service Grease Interceptor Maintenance Enforcement. Continue to monitor FSE's. Food Service HEM Monitoring. Code of Ordinances of the City of Corpus Christi Ordinances 1.2) Continue Monitoring Sanitary Sewer Overflows (SSOs) TBD City of Corpus Christi Public Utilities operating budget Educate public on how they can help reduce SSOs. Tier 1- ongoing TCEQ compliance. Public notification for public health and safety Report SSOs to TCEQ Evaluate the effectiveness of and continue public notification for public health and safety. TCEQ compliance City of Corpus Christi 1.3) Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation TBD City of Corpus Christi Public Utilities operating budget Educate public on collection system line cleaning, inspection, repair and rehabilitation program Tier 1- ongoing Prevent overflows and increase system capacity. Reduced number of overflow events. Continue monitoring and response. City of Corpus Christi Texas Commission on Environmental Quality 93 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 2.0: Stormwater Drainage System Existing requirements of Municipal Separate Storm Sewer System (MS4) permits address some important elements of bacteria loading in stormwater, offering an adaptive rather than prescriptive approach to bacteria reduction. Structural Best Management Practices (BMPs), such as modifications to stormwater infrastructure that may reduce bacteria through aeration, treatment by sunlight, or physical removal of contaminants, have the potential to reduce bacteria loading into waterways. However, there is limited data regarding how well such BMPs (i.e. green infrastructure) might reduce bacteria loading. Therefore, the CARP Committee has identified the evaluation of the effectiveness of green infrastructure as one of its priorities. Control Action 2.1: Continue Existing Stormwater Programs The City of Corpus Christi is permitted to discharge stormwater runoff by a Texas Pollutant Discharge Elimination System (TPDES) Phase I Municipal Separate Storm Sewer (MS4) Permit. To comply with this permit, the City employs extensive stormwater pollution prevention programs, as well as land development programs, some of which address bacteria sources identified in this I -Plan. These programs shall be continued and modified as deemed appropriate by the City. Examples of current programs are provided at http://www.ccparkandrec. com/government/storm-water/index. •WHAT: Continuation of existing Stormwater Management Programs throughout the City will ensure the introduction of pollutants into the MS4 is minimized to the maximum extent practicable. •WHO: The City of Corpus Christi •WHERE: Cole and Ropes Parks drainage basins. •GOAL: Continue existing TPDES Permit Programs to reduce introduction of pollutants into the MS4. •WHEN: Continue the efforts of implementing TPDES Permit Programs. •HOW: Utilize adaptive management techniques to adjust and modify changes to existing programs. •COSTS/SOURCE OF FUNDS: Public Utilities Department operating budget; some programs by other City departments, included in their respective operating budgets. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, TCEQ, EPA Texas Commission on Environmental Quality 94 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •ACTIONS AND SCHEDULE: Table 48. CA 2.1. Continue Existing Stormwater Programs. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Existing Stormwater Programs x x x Control Action 2.2: Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation The City of Corpus Christi employs preventive maintenance of drainage lines as stormwater best management practice to avoid or mitigate clogging of lines to ensure operational effectiveness. On a periodic basis, as well as an on-going basis, the City employs two vacuum crews to inspect and service inlets, manholes, lateral lines and main lines on a planned and emergency schedule. Each of the i8,000+ inlets in the inventory is scheduled for servicing at least once every three years; some areas, based on condition, are serviced more frequently. For example, inlets in the downtown and uptown areas are serviced on a quarterly basis. Additionally, inlets within a special events footprint, i.e., Buccaneer Days, are cleaned as soon as practical after the conclusion of the event. This inlet, manhole, and line servicing program, coupled with earthen and concrete -lined drainage channels cleaning, prevents flooding, maintains drainage system reliability, improves performance, as well as minimizes the discharge of debris and other pollutants into the receiving waters. •WHAT: Inlet cleaning, manhole, lateral line, and main line cleaning; and open - channel maintenance •WHO: The Public Utilities Department employs force account and contract to maintain the City's stormwater drainage infrastructure. •WHERE: The department routinely performs condition assessments of the drainage infrastructure. Deficiencies, noted by the condition assessments and repeated systems failures, but whose replacement/repair scope is outside Operations and Maintenance funding ability, are placed on the Capital Improvements Program (CIP) list to compete for Capital funding. •GOAL: Maintain drainage system capacity and minimize the introduction of pollutants into the drainage system •WHEN: Continuously •HOW: Through vacuum truck operations, lateral line cleaning, channel grading and debris removal Texas Commission on Environmental Quality 95 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay •COSTS/SOURCE OF FUNDS: The Department currently operates two (2) vacuum trucks for cleaning inlets, manholes, lateral lines, and main lines. •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi, a Municipal Corporation with Home Rule Authority to act in all ways not specifically prohibited by the State of Texas and State Constitution; TCEQ implementation of federally delegated Texas Pollutant Disposal Elimination System permitting authority under Texas Clean Water Act; USEPA, National Pollutant Disposal Elimination System program, implementing the federal Clean Water Act. •ACTIONS AND SCHEDULE: Table 49. CA 2.2. Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation x x x Texas Commission on Environmental Quality 96 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 50. Summary of Control Action: Stormwater Drainage System] Control Action: Stormwater Drainage System Control Action Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementation Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Stormwater Drainage System 2.1) Continue Existing Stormwater Programs TBD City of Corpus Christi Public Utilities Department Educate public on the City's stormwater programs Tier 1- ongoing. City of Corpus Christi's Stormwater Programs are continued. Once programs are evaluated by TCEQ, implement recommendation(s) given by the TCEQ. Continue existing TPDES Permit Programs to reduce introduction of pollutants into the MS4. City stormwater programs are evaluated annually by TCEQ through the MS4 permitting process City of Corpus Christi 2.2) Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation TBD City of Corpus Christi Public Utilities Department Educate public on drainage system line cleaning, inspection, repair and rehabilitation program. Tier 1- ongoing Improved flow capacity and minimize introduction of pollutants Maintain funding for line cleaning Monitor, inspect, and repair City of Corpus Christi Texas Commission on Environmental Quality 97 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Actions 3.0: Ordinance and Regulation Source tracking should be the FIRST implementation activity before any other engineering solutions, etc. to determine how to order/prioritize further activities. Control Action 3.1: Eliminate Residential Cross -Connections •WHAT: Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System, e.g., the stormwater sewer lines, drainage ditches, and street curbs and gutters). A primary concern involves illegal cross -connections between the private stormwater and wastewater sewer lines on the property that allow wastewater to infiltrate into the MS4. If the pilot project determines there is a cross -connection problem with residential homes the project should expand to other basins. •WHO: City of Corpus Christi •WHERE: Within drainage basins that discharge into the TMDL study area, and any immediately adjoining drainage basins. •GOAL: Reduce or eliminate all illegal cross -connections within the drainage basins that discharge within the TMDL within io years. •WHEN: Develop, adopt and institute a targeted inspection program for wastewater and stormwater lines in the TMDL drainage basins in Tier 1. Undertake and complete review of City's Technical Construction Codes and Housing Standards Code, identifying all code sections relating to unpermitted work by homeowners. Identify which codes are intended for adoption or amendment during the next technical construction codes update process, and prepare and present for adoption ordinances required to update the code to meet these goals. • HOW: a. Illegal Cross -connection Inspection Program. Establish an enhanced, targeted inspection program, within the drainage basins contributing flows to the TMDL program area, to locate unauthorized cross -connections on private property to include smoke testing wastewater collection lines and stormwater lines. Problem appears to occur more frequently during repairs, replacement of underground piping, and homeowner repairs, rather than new installations subject to more rigid inspections. b. Code Updates. Review the City's technical construction codes and housing standards codes, identifying all sections that pertain or relate to the issue of Texas Commission on Environmental Quality 98 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay cross -connections. Prepare and propose to Council any ordinances necessary to update the City's Technical Construction Codes and Housing Standards Code. Amendments should provide for enhanced enforcement capabilities, fines or increased fines, and consider fees and other consequences for violating the law. c. Unpermitted Work. Review and identify all codes and criteria that allow a homeowner to do work on on-site underground piping systems without a plumbing permit. Determine how best to inform homeowners about plumbing work standards for both permitted and unpermitted work. Reconsider, if deemed appropriate, conditions under which unpermitted plumbing work is allowed. •COSTS/SOURCE OF FUNDS: Costs to the City of Corpus Christi are to be determined. Adopt by ordinance the necessary regulatory fees to be charged to the customer for costs of inspections to determine needed repairs, and needed lateral replacements at rates designed to cover the total costs to the City to administer the program. The City should explore funding/tax abatement/incentives programs to assist the City with program cost overruns in addition to grant funding of inspections, needed repairs, and lateral replacements, especially for low income property owners. (Funding issues concerning unpermitted homeowner work could be resolved by the fee being charged through the City's plumbing inspections process.) •RESPONSIBLE ORGANIZATION(S): City of Corpus Christi's Charter, the Texas State Constitution and other federal, state and local laws, as applicable. •ACTIONS AND SCHEDULE: Table 51. CA 3.1. Eliminate Residential Cross -connections. Implementation timeline schedule. Actions Tier 1 Tier 2 Tier 3 Conduct a Pilot Project to Determine if Residential Properties (Including Duplexes, Townhouses, and Similar Small Multi -Family Residential Units Under Individual Ownership with Common Areas) Are Sources of Wastewater and Other Wastes Materials that Result in the Introduction of Bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System) x Establish an Illegal Cross -connection Inspection Program x x x Code Updates x x Texas Commission on Environmental Quality 99 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table 52. Summary of Control Action: Ordinance and Regulation Control Action: Ordinance and Regulation Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity Ordinance and Regulation 3.1) Eliminate Residential TBD TBD Educate Tier 1. Conduct a Establish an Determine City of Corpus Cross -Connections public on residential cross- connections pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi- family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4. enhanced, targeted inspection program within the CARP drainage basins. Prepare and present to Council for adoption the ordinances that would update City's technical construction codes to address illegal cross - connections and unpermitted plumbing work number of illegal cross- connections identified vs. number of illegal cross - connections corrected. Christi Establish an enhanced, targeted inspection program Illegal cross - connection inspection program established Texas Commission on Environmental Quality 100 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity within the drainage basins contributing flows to the Code updates TMDL program area to locate unauthorized cross - connections on private property, this may include smoke testing wastewater collection lines and stormwater lines in pilot or targeted areas Establish an illegal cross - connection inspection program Implement the enhanced, targeted program. Complete review of current technical Texas Commission on Environmental Quality 101 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Control Measure Potential Load Reduction Technical and Financial Assistance Needed Education Component Schedule of Implementati on Interim, Measurable Milestones Indicators of Progress Monitoring Component Responsible Entity construction codes. Take appropriate enforcement action if property owners do not make necessary repairs to private sewer lines. Texas Commission on Environmental Quality 102 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Sustainability The TCEQ and stakeholders in TMDL implementation projects periodically assess the results of the planned activities, along with other information, to evaluate the effectiveness of the I -Plan. Stakeholders evaluate several factors, such as the pace of implementation, the effectiveness of BMPs, load reductions, and progress toward meeting water quality standards. The TCEQ will document the results of these evaluations and the rationale for maintaining or revising elements of the I -Plan. The TCEQ and stakeholders will track progress using both implementation milestones and water quality indicators. These terms are defined as: • Water Quality Indicator — A measure of water quality conditions for comparison to pre-existing conditions, constituent loadings, and water quality standards. • Implementation Milestones — A measure of administrative actions undertaken to affect improvement in water quality. Water Quality Indicators The Texas General Land Office Texas Beach Watch Program will continue sampling for bacteria in water at Cole and Ropes Park during implementation. Additional funding will be sought to conduct supplemental monitoring in the watershed. The indicators that will be used to measure improvement in water quality are improvements in bacteria levels at Cole and Ropes Park Follow-up monitoring will be conducted within the watershed throughout the implementation schedule. The monitoring strategy will consider the spatial and temporal aspects necessary to characterize trends in water quality that result from implementing the activities in this plan. Follow-up monitoring through the Texas Beach Watch Program will also provide water quality data for evaluation of standards attainment. The monitoring program is expected to consist of routine sampling exercises that emphasize historical monitoring locations, with some potential modifications as needed. Water quality monitoring and data collection will occur routinely throughout the year. As stated in the TMDL report, the summer season represents the critical condition, during which time the study area has the highest levels of contact recreation. The TMDL and respective reductions are based on the critical condition. CCS, with support from the TCEQ, began a three-year monitoring regime in May 2011. The objective of this monitoring was to provide data for characterizing Enterococcus Texas Commission on Environmental Quality 103 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay bacteria loads at the impaired beaches. The project goals required the collection of supplementary Enterococcus data in Corpus Christi Bay. Data collection specifically targeted beaches at Cole Park (Segment 2481CB_o3), Ropes Park (Segment 2481CB_o4), Emerald Beach (Segment 2481CB_o7), McGee Beach (Segment 2481CB_o5), Poenisch Park (Segment 2481CB_o6), Corpus Christi Beach (Segment 2481CB_o2), and University Beach (Segment 2481CB_o8). Monitoring plan included routine bacteria sampling, rain event sampling, rainfall data collection, sediment cores, and beach use surveys. (https: //www.tceq.texas.gov/waterquality/tmdl/97-corpusbeachesbacteria.html) The CCS was responsible for coordinating the monitoring activities for the TCEQ at these beaches. The data from these activities are included in the TCEQ's Surface Water Quality Monitoring database (SWQMIS), which houses the primary data used for the state's biennial assessment of water quality. The CCS collected water samples as described in the Quality Assurance Project Plan for the study area. The data was analyzed by CCS and the TCEQ. The TCEQ will assess Cole and Ropes Parks beaches every two years as part of updating the Integrated Report. If the Texas Surface Water Quality Standards criteria for contact recreation are revised or water quality changes at these beaches are observed, this plan will be modified. This management strategy allows stakeholders to learn and adapt the plan as progress is made. The ultimate goal is for the AUs of both Cole and Ropes Parks beaches is to meet water quality standards for contact recreation. If sufficient reductions in Enterococcus are not observed, the stakeholders will reevaluate the potential sources identified in the TMDL and adapt the I -Plan as appropriate. Implementation Milestones Implementation tracking provides information that can be used to determine if progress is being made toward meeting goals of the TMDL. Tracking also allows stakeholders to evaluate actions taken, identify those which may not be working, and make any changes that may be necessary to get the plan back on target. Schedules of implementation activities and milestones for this I -Plan are included in Appendix A. Communication Strategy Communication is necessary to ensure stakeholders understand the I -Plan and its progress in restoring water quality conditions. The TCEQ will disseminate the information derived from tracking I -Plan activities to all interested parties, organizations, and individuals. The TCEQ will report results and evaluations from implementation tracking to stakeholders as needed. The TMDL Program will summarize all actions taken to address the impairment and will report trends observed in the water quality data collected to Texas Commission on Environmental Quality 104 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay track the progress of implementation as needed. Responsible parties are committed to providing appropriate information to the TCEQ to update these progress assessments and communicating information at annual meetings. In accordance with the Clean Water Act §319, the state must annually report to USEPA on success in achieving the goals and objectives of the Texas Nonpoint Source Management Program, including progress in implementing the NPS portion of TMDLs. The TCEQ and TSSWCB jointly publish Managing Nonpoint Source Water Pollution in Texas: Annual Report, which highlights the state's efforts during each fiscal year to collect data, assess water quality, implement projects that reduce or prevent NPS pollution, and educate and involve the public to improve the quality of water resources. Information derived from tracking and review activities of this I -Plan will be reported in each annual report. Previously published annual reports are available at <www.tceq.texas.gov/waterquality/nonpoint-source/mgmt-plan/annual-reports.html> . The TCEQ will host annual meetings for up to five years so stakeholders may evaluate their progress. Stakeholders and responsible parties will continue to take part in annual meetings over the five-year period to evaluate implementation efforts. At the completion of the scheduled I -Plan activities, stakeholders will assemble and evaluate the actions, overall impacts, and results of their implementation efforts. Texas Commission on Environmental Quality 105 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay References EPA 2001. Protocol for Developing Pathogen TMDLs. <www.epa.gov/owow/tmdl/ pathogen_all.pdf>. EPA 2003. Nonpoint Source Program and Grants Guidelines for States and Territories. <www.epa.gov/fedrgstr/EPA-WATER/2003/October/Day-23/w26755.htm>. EPA 2010. Implementing Agricultural Best Management Practices Improves Water Quality. Nonpoint Source Program Success Story. Sawyer, C.B., W.R. English, J.C. Hayes, L.W. Jolley, C.J. Post, W. C. Bridges, Jr. 2010. Bacteria in Construction Site Sediment Basins. In Proceedings of the 2010 South Carolina Water Resources Conference, October 13-14, 2010, Columbia Metropolitan Convention Center. 5 pp. Schueler„ T. D. Hirschman, M. Novotney, and J. Zielinski. 2007. Urban Stormwater Retrofit Practices. Urban Subwatershed Restoration Manual No. 3, Version 1.o. Prepared for Office of Wastewater Management, U.S. Environmental Protection Agency. 262 p. Skinner, J.F., J. Kappeler, J. Guzman. 2010. Regrowth of Enterococci & Fecal Coliform in Biofilm. http://www.stormh2o.com/SW/Articles/Regrowth of Enterococci Fecal Coliform i n Biofilm 11o64.aspx TCEQ. 2016. Two Total Maximum Daily Loads for Bacteria in Corpus Christi Bay (Recreational Beaches), Segment 2481CB, Assessment Units 2481CB o3 and 2481CB o4. Texas Commission on Environmental Quality. 79 pp. Yang L., B. Lin, and R. A. Falconer. 2008. Modelling Enteric Bacteria Level in Coastal and Estuarine Waters. In Proceedings of the Institution of Civil Engineers Engineering and Computational Mechanics 161: 179-186. Texas Commission on Environmental Quality 106 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix A. I -Plan Matrix Texas Commission on Environmental Quality 107 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Table A-1. CARP Watershed Monitoring and Assessment — Implementation Schedule and Tasks Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years 1. Education and Outreach 1.1 General Awareness Create and Utilize Public Education Materials Create and Utilize Appropriate Public Service Announcements (PSA) Conduct Public presentations 1.2 Leave It Better Than you Found It Reinforce and Support "Leave It Better Than You Found It" Media Campaign Increase support for TGLO Adopt -A -Beach. Create Adopt -A -Bay, Watershed, etc. Engage local leaders to address City wide litter problem Engage local businesses to support clean initiatives and post "Leave It Better Than You Found If campaign signs 1.3 Pet Waste Disposal Awareness Pet Waste Stations Public Service Announcements (PSA) Create info both for local events Distribute educational materials and kits to pet businesses and services 1.4 Prevent Intentional Dumping and Disposal SponsorTIDRC workshop in Corpus Christi annually Hunting and fishing organization education and outreach annually Coordination with City Solid Waste Department quarterly Slow the Flow (Low Impact 1.5 Development) Initiative Provide LID workshop for local designers and engineers Promote benefits of LID through Social Media Incorporate LID into other outreach presentations Texas Commission on Environmental Quality 108 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years 2. Monitoring 2 1 Continue Sampling Enterococcus Levels at Cole and Ropes Parks Texas Beach Watch Sampling Collect Rainfall Data Near Cole and 2.2 Ropes Parks Planning and implementation in smaller pilot project area Data management and maintenance Conduct Stormwater Outfall Flow 2.3 Sampling P g Planning and implementation in smaller pilot project area Planning for entire Cole and Ropes Parks basin Project implementation for entire Cole and Ropes Parks basins Data management and maintenance 3. Research 3.1 Evaluate Methods to Remove Bacteria With Green Infrastructure Initiate feasibility study Develop recommendations at completion of study 3.2 Bacterial Source Tracking Sample collection; pre -rain event FIRST PRIORITY Sample collection; post -rain event FIRST PRIORITY Evaluate the Effectiveness of Public 3.3 Utilities Programs and Projects in Reducing Bacteria Evaluate program and project effectiveness through monitoring Texas Commission on Environmental Quality 109 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Promote New Data Analysis Method 3.4 for Regulatory Justification for Listing Beaches on the 303(d) List Recommend change to data review methodology for regulatory purposes Identify Water Flow Patterns in 3.5 Corpus Christi Bay at Cole and Ropes Parks by Use of Dye Testing Planning and implementation of dye testing procedure Change Sampling Date of Current 3.6 Texas Beach Watch Program to be More Protective of Public Health TX Beach Watch sampling day change 4. Wastewater Collection Systems Enhance Existing Fats, Oil & Grease 4.1 (FOG) Program Food service HEM monitor ng Food service grease interceptor maintenance enforcement Continue the Notification System for 4.2 Monitoring Sanitary Sewer Overflows (SSOs). Continue SSO reporting Develop list -serve Create notification system Expand Collection System Line 4.3 Cleaning, Inspection, Repair, and Rehabilitation Customer response on-going Review funding for line cleaning through annual budget process Increase funding for smoke testing through annual budget process 4.4 Implement an Ongoing Inflow and Infiltration Study Determine flow monitoring site locations on-going Conduct flow monitoring on-going Perform data collection and analysis on-going Texas Commission on Environmental Quality 110 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Rank sub -basins Prepare sanitary sewer evaluation survey Complete 1/1 study report 4.5 Conduct Hydraulic Modeling of Collection System Phase 1: Oso, Greenwood, and Broadway VWUTP basins: conduct flow monitoring Phase 1: Oso, Greenwood, and Broadway VW TP basins: data collection and analysis Ranking of sub -basins based on I/I Contract complete Development of prioritized system improvement program 5. Stormwater Drainage System Determine Effectiveness of 5.1 Stormwater Retrofits to Remove Bacteria Pilot project Develop recommendations at completion of study Continue Major Outfall Assessment 5.2 and Repair Program as Funding Allows Focused outfall assessment program within CARP drainage basins Develop recommendations et completion of assessment 5.3 Support and Encourage Adoption of Stormwater Master Plan Adopt stormwater master plan 6. Ordinance and Regulation Residential Leaking/Broken Private 6.1 Sewer Laterals Pre -Sale Inspection/Testing Program Prepare and present for adoption ordinances necessary to establish pre -sale inspection program for private sewer lines within CARP drainage basins during next code revision process Complete review of current technical construction codes Texas Commission on Environmental Quality 111 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections during next code revision process Implement program Determine number of broken/ leaking private sewer lines identified vs number of broken/ leaking private sewer lines corrected 6.2 Commercial Cross -Connection Inspection Program Complete ordinance review and amendment adoption process Complete review of current technical construction codes Prepare and present for adoption ordinances necessary to establish an enhanced, targeted inspection program to locate unauthorized cross -connections for private sewer lines within CARP drainage basins which may include smoke testing wastewater collection lines and stormwater lines during next code revision process Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections during next code feVi51on pfOCe55 Complete inspection of target drainage basins Determine number of illegal cross -connections identified vs number of illegal cross - connections corrected Commercial Leaking/ Broken Sewer 6.3 Laterals Pilot Inspection/ Testing Program Complete ordinance review and amendment adoption process within 2 years of 1 -Plan adoption Complete review of current technical construction codes during next code revision process Evaluate adequacy of City's current certificate of occupancy program to address property infrastructure issues, especially upon change of ownership or tenants; consider adoption of City business permit system To begin with program commencement Prepare and present for adoption ordinances necessary to establish an enhanced, targeted pilot program to inspect for leaks and broken private sewer lines within CARP drainage basins within 2 years of 1 -Plan adoption Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections during next code revision process Texas Commission on Environmental Quality 112 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Determine number of broken/ leaking private sewer lines identified vs number of broken/ leaking private sewer lines corrected Evaluation will take' place aftertestudy is compContinue 6.4 Improved Grease Trap Standards grease trap, grit trap, and oil/water separator inspection program on-going Complete review of City's technical construction code provisions related to grease traps, grit traps, and oiVwater separators Prepare and present for adoption any necessary changes to the City's technical construction code provisions related to grease traps, grit traps, and oi/water separators during next technical constructioncodes update process Determine number of grease traps, grit traps, and oil/water separators that do not operate at appropriate levels vs number of grease traps, grit traps, and oil/water separators repaired or replaced o begin with program tcommencement Strengthen Current Animal Control 6.5 Ordinances Relating to Removal and Disposal of Pet Waste Review animal control ordinances adopted in other communities within ears of I -Plan adoption Prepare and present for adoption appropriate amendments to City's animal control ordinances within 2 years o -Plan adoption Evaluate number of complaints investigated, number of enforcement actions taken toobegi �wiith p `ogram cmmceme 6.6 Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals Review animal control ordinances adopted in other communities within hi n2 years of I -Plan Prepare and present for adoption appropriate amendments to City's animal control ordinances adoptionwithin2years of I -Plan Make pet waste enforcement a policy priority, or at least a function, within the City's police department, not limited to code compliance department within 1 year of I -Plan adoption Evaluate number of complaints investigated, number of enforcement actions taken to begin with program commencement 6.7 Install Additional Signage Install additional signage with n 1 year of l -Plan Texas Commission on Environmental Quality 113 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Develop Advisement Protocol to Wam the Public of Periodically Elevated Bacteria Levels, as Anticipated by 6.8 Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall. Prepare and present for adoption ordinances setting standards for issuing general and specific public health safety advisories on the contact recreational use of bay waters with bacterial contamination following major rain events within 1 year of I -Plan adoption and obtaining affectede supportstakeholders akeholders Restrict Access to Bay Waters from City Parks and Other Bay Front City 6.9 Properties DuringPeriods of Public P Health Risk Prepare and present for adoption an ordinance authorizing City Manager to restrict access to targeted baywaters for contacts recreation when there is a significantpublic health risk 9 9 within 1 year of I -Plan adoption eribasnp t on stakeholder input 6.10 Adopt and Enforce Additional Ordinances Prepare and present for adoption ordinances related to solid waste that address: increased receptacles on commercial and public properties, more commercial waste service, dumpster maintenance and sanitation, reduced plastic bag usage, and fugitive waste on City service routes. within 2 years of adoption of I -Plan Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will 6.11 Reduce Volumes of Stormwater Runoff from Areas of New Development or Significant Redevelopment Review LID standards adopted byother communities. P within 3 years of adoption of 1 -Plan Prepare and present for adoption ordinances to amend City's Unified Development Code to encourage LID. within 3 years of adoption of 1 -Plan Control Action Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years 1. Wastewater Collection Systems Continue Existing Fats, Oil & Grease 1.1 (FOG) program Continue current Food Service Hexane Extractible Material (HEM) monitoring program on-going Continue current Food Service Grease Interceptor maintenance enforcement on-going Texas Commission on Environmental Quality 114 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Activity Tier 1 1-5 years Tier 2 5-10 years Tier 3 10-15 years Continue Monitoring Sanitary Sewer 1.2 Overflows (SSOs) Continue SSO reporting to TCEQ on-going Report SSOs to interested and affected groups Continue Collection System Line 1.3 Cleaning, Inspection, Repair, and Rehabilitation Respond to affected areas identified by cleaning, closed circuit television inspection, smoke detection surveys, and customer complaints on-going Review funding for line cleaning through annual budget process Increase funding for smoke testing through annual budget process 2. Stormwater Drainage System 2.1 Continue Existing Stormwater Programs Continue TPDES MS4 Programs on-going 11 Continue Drainage System Line 2.2 Cleaning, Inspection, Repair, and Rehabilitation Continue maintenance stormwater inlets, manholes, lateral lines, and main lines, as well as open -channel maintenance according to service schedule, special events, emergency on-going response, and customer response III Maintain funding for line cleaning through annual budget process 3. Ordinance and Regulation Eliminate Residential Cross- 3.1 Connections Complete ordinance review and amendment adoption process Complete review of current technical construction codes Prepare and present for adoption ordinances necessary to establish an enhanced, targeted inspection program to locate unauthorized cross -connections for private sewer lines within CARP drainage basins which may include smoke testing wastewater collection lines and stormwater lines Prepare and present for adoption ordinances to update City's technical construction codes to address illegal cross -connections and unpermitted plumbing work durinn go neprocess#codeor within 2 years of 1 -Plan adoption Texas Commission on Environmental Quality 115 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Management Measure Tier 1 Activity 1-5 years Tier 2 5-10 years Tier 3 10-15 years Conduct a pilot project to determine if residential properties (including duplexes, townhouses, and similar small multi -family residential units under individual ownership with common areas) are sources of wastewater and other wastes materials that result in the introduction of bacteria into the City's MS4 (Municipal Separate Stormwater Sewer System Establish an enhanced, targeted inspection program within the drainage basins contributing flows to the TMDL program area to locate unauthorized cross -connections on private property, this may include smoke testing wastewater collection lines and stormwater lines in pilot or targeted areas Implement targeted program within CARP basins Complete inspection of target drainage basins Determine number of illegal cross -connections identified vs number of illegal cross - connections corrected Texas Commission on Environmental Quality 116 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix B. Load Reduction Estimates Texas Commission on Environmental Quality 117 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Load Reduction Estimates Table B-1. CARP Watershed Load Reduction Estimates Texas Commission on Environmental Quality 118 Peer Review Draft, Month, Day, Year Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction 1.0. Education and Outreach Management Measure 1.1 General Awareness TBD TBD TBD TBD Management Measure 1.2 Leave It Better Than You Found It TBD TBD TBD TBD Management Measure 1.3 Pet Waste Disposal TBD TBD TBD TBD Management Measure 1.4 Prevent Intentional Dumping and Disposal TBD TBD TBD TBD Management Measure 1.5 Slow the Flow (Low Impact Development) Initiative TBD TBD TBD TBD 2.0. Monitoring Management Measure 2.1 Continuing Sampling Enterococcus Levels at Cole and Ropes Park NA NA NA NA Management Measure 2.2 Collect Rainfall Data Near Cole and Ropes Parks NA NA NA NA Management Measure 2.3 Conduct Stormwater Outfall Flow Sampling NA NA NA NA 3.0 Research Management Measure 3.1 Evaluate Methods to Remove Bacteria with Green Infrastructure TBD TBD TBD TBD Management Measure 3.2 Bacterial Source Tracking TBD TBD TBD TBD Management Measure 3.3 Evaluate the Effectiveness of Public Utility Programs and Projects in Bacteria Reductions TBD TBD TBD TBD Management Measure 3.4 Promote New Data Analysis Method for Regulatory Justification for Listing Beaches on the 303 (d) List TBD TBD TBD TBD Management Measure 3.5 Identify Water Flow Patterns in Corpus Christi Bay at Cole and Ropes TBD TBD TBD TBD Texas Commission on Environmental Quality 118 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 119 Peer Review Draft, Month, Day, Year Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction Pars by the use of Dye Testing Management Measure 3.6 Change Sampling Date of Current Texas Beach Watch Program to be More Protective of Public Health TBD TBD TBD TBD 4.0. Wastewater Collection Systems Management Measure 4.1 Enhance Existing Fats, Oil & Grease (FOG) Program TBD TBD TBD TBD Management Measure 4.2 Continue the Notification System for Monitoring Sanitary Sewer Overflows (SSO's) TBD TBD TBD TBD Management Measure 4.3 Expand Collection System Line Cleaning, Inspection, Repair and Rehabilitation TBD TBD TBD TBD Management Measure 4.4 Implement an Ongoing Inflow and Infiltration Study TBD TBD TBD TBD Management Measure 4.5 Conduct Hydraulic Modeling of Collection System TBD TBD TBD TBD 5.0. Stormwater Drainage System Management Measure 5.1 Determine Effectiveness of Stormwater Retrofits to Remove Bacteria TBD TBD TBD TBD Management Measure 5.2 Continue the Major Outfall Assessment and Repair Program as Funding Allows TBD TBD TBD TBD Management Measure 5.3 Support and Encourage the Adoption of Stormwater Master Plan TBD TBD TBD TBD 6.0. Ordinances and Regulations Management Measure 6.1 Residential Leaking/Broken Private Sewer Laterals Pre -Sale Inspection/Testing Program TBD TBD TBD TBD Management Measure 6.2 Commercial Cross -connection Inspection Program TBD TBD TBD TBD Management Measure 6.3 Commercial Leaking/Broken Sewer Laterals Pilot Inspection/Testing Program TBD TBD TBD TBD Texas Commission on Environmental Quality 119 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Texas Commission on Environmental Quality 120 Peer Review Draft, Month, Day, Year Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction Management Measure 6.4 Improved Grease Trap Standards TBD TBD TBD TBD Management Measure 6.5 Strengthen Current Animal Control Ordinances Relating to Removal and Disposal of Pet Wastes TBD TBD TBD TBD Management Measure 6.6 Implement Measures to Control Feral Cats, Rodents, and Nuisance Animals TBD TBD TBD TBD Management Measure 6.7 Install Additional Signage TBD TBD TBD TBD Management Measure 6.8 Develop Advisement Protocol to Wam the Public of Periodically Elevated Bacteria Levels, as Anticipated by Weather Forecasts for Rain, as well as Warnings During and Immediately After Rainfall TBD TBD TBD TBD Management Measure 6.9 Restrict Access to Bay Waters from City Parks and Other Bayfront City Properties during Periods of Public Health Risks TBD TBD TBD TBD Management Measure 6.10 Adopt and Enforce Additional Ordinances TBD TBD TBD TBD Management Measure 6.11 Explore Adoption of Additional "Low Impact Development" Standards in Unified Development Code that will Reduce Volumes of Stormwater Runoff from Areas of New Development or Significant Redevelopment TBD TBD TBD TBD 1.0. Wastewater Collection Systems Control Action 1.1 Continue Existing Fats, Oil & Grease (FOG) Program TBD TBD TBD TBD Control Action 1.2 Continue Monitoring Sanitary Sewer Overflows (SSOs) TBD TBD TBD TBD Control Action 1.3 Continue Collection System Line Cleaning, Inspection, Repair and Rehabilitation TBD TBD TBD TBD 2.0. Stormwater Drainage System Control Action 2.1 Continue Existing Stormwater Programs TBD TBD TBD TBD Control Action 2.2 Continue Drainage System Line Cleaning, Inspection, Repair and Rehabilitation TBD TBD TBD TBD Texas Commission on Environmental Quality 120 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Cole Park Ropes Park Measure/Action Description Targeted # Load Reduction Targeted # Load Reduction 3.0. Ordinances and Regulations Control Action 3.1 Eliminate Residential Cross -Connections TBD TBD TBD TBD Texas Commission on Environmental Quality 121 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Appendix C. Formal Support for the I -Plan Texas Commission on Environmental Quality 122 Peer Review Draft, Month, Day, Year Draft Implementation Plan for Cole and Ropes Parks Beaches in Corpus Christi Bay Formal Support for the I -Plan [Insert letters and resolutions] Texas Commission on Environmental Quality 123 Peer Review Draft, Month, Day, Year AGENDA MEMORANDUM Future Item for the City Council Meeting of October 11, 2016 Action Item for the City Council Meeting of October 18, 2016 DATE: September 9, 2016 TO: FROM: Margie C. Rose, City Manager Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement to reimburse developer for the City's cost to extend Lipes Boulevard CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with Staples Development, LLC., ("Developer"), to reimburse the Developer up to $143,661.75 for the City's share of the cost to extend Lipes Boulevard, in accordance with the Unified Development Code. PURPOSE: Staples Development, LLC., will extend Lipes Boulevard. The subdivision is located north along Lipes Boulevard, east of Cimarron and west of Airline Road. BACKGROUND AND FINDINGS: The developer, Staples Development, LLC., is developing the final phase of a multi - phased single-family residential subdivision named Manhattan Estates Unit 7 Subdivision. The subdivision is located north along Lipes Boulevard, east of Cimarron and west of Airline Road. Manhattan Estates Unit 7 will contain 33 single-family residential lots. The Planning Commission approved the plat for Parkview Unit 5 on June 3, 2015. The participation agreement is for half -street construction along Lipes Boulevard and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Lipes Boulevard for new subdivision as provided in the Unified Development Code and Urban Transportation Plan. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue • •Capital ❑ Not Applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 1,391,965.52 723,964.69 2,327,179.86 This item 143,661.75 143,661.75 BALANCE $395,088.60 $108,034.48 $ 26,035.31 $529,158.39 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Agreement Maps Vicinity Map VICINITY MAP MANHATTAN ESTATES UNIT 7 El - MANHATTAN ESTATES UNIT 7 1 Aerial Overview AERIAL OVERVIEW MANHATTAN ESTATES UNIT 7 t N Aerial AERIAL MAP MANHATTAN ESTATES UNIT 7 3 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH STAPLES DEVELOPMENT, LLC., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $143,661.75 FOR THE CITY'S SHARE OF THE COST TO EXTEND LIPES BOULEVARD, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with Staples Development, LLC., ("Developer"), for the CITY's portion of the cost of Lipes Boulevard, including all related appurtenances, for development of Manhattan Estates Unit 7 Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- Staples Development, LLC. -Manhattan Estates Unit 7 Participation Agreement Page 1 of 2 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 Resolution- Staples Development, LLC. -Manhattan Estates Unit 7 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and Staples Development, LLC., ("Developer"), a Texas Limited Liability Company. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a 16.607 acre tract of land, more or less, a portion of Lots 27, 28 & 29, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Manhattan Estates Unit 7 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct North Oso Parkway for a distance of approximately 953 feet to connect with a proposed North Oso Parkway bridge roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $143,661.75. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 2 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF MANHATTAN ESTATES UNIT 7 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 3 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 4 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi Staples Development, LLC. Attn: Director, Development Services PO Box 8155 2406 Leopard Street 178401 Corpus Christi, Texas 78468 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be October 11, 2018. (EXECUTION PAGES FOLLOWS) Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 5 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 EXECUTED in one original this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This day of .' erviLev- Assistant City Attorney For the City Attorney , 2016. Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 6 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 OWNER: Sta • les Development, LLC. Ata O. Azali Manager 9IllIb Date STATE OF TEXAS § § COUNTY OF NUECES § 16, This instrument was acknowledged before me on 5e12krnb!( 2016, by Ata O. Azali, Manager, Staples Development, LLC., a Limited bility Company, on behalf of said company. 4 1 KENE 0 SAPENTER My Commission Expires October 15, 2017 ER: Staples Development, LLC. Hossein Manager kiu AO 54p,h91--e/ Notary Public's Signature 61-- 1 (,-1° Mostaghasi Date STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2016, by Hossein George Mostaghasi, Manager, Staples Development, LLC.,, a Limited Liability Company, on behalf of said company. Notary Public's Signature Staples Development, LLC -Manhattan Estates Unit 7 vFinal Page 7 of 7 Standard Form Participation Agreement Version 1.0 3.29.16 30 31 S61'00'00"E 78 00' 32 33 N29' 00' 00" E 14. 56' 3NB5.o aa°MRS of 60 OD 61.13 SF 903 6403 55 OD 98g SF 6g, 00_ 69025 SF 25' YR EE 50. 00• S61600. 00, 50 METS COURT NS1.00110C, 513E. 58' S61° 00' 00' E 116.00' L UE >I Qti iu q Q 59. IS 25' YR la 6697 60 EE 60 0 TR 6995 5< 6992 SF 200° O 2002 15' UE 25' YR G296 SF 60 56.66 /0 RE DEDICATION 25• r S29° 00' 00' W 62. 50' MANHATTAN ESTATES UNIT S29° 60' 61°CO` 0 13 I S61' OO' OO" E 116. 00' 294 Sr 62' 2924 SF 3.2 TR01.17 J" LD, 1Jo / N610 m O as O I 0' W 9. 41' " E 165. 28' 15. eU 729; SF 5 EE 65. 90 -1 65. Qa - o o es r I 7529 SF 2596 S I= 2599 SF _ 6900 Sr S'1 0299 Sr 1.5611 Oril L- 50. 01 15. UE Os. 123 99' . 17. 5, TREET DEDICATION N60°57'44 W 1319,82 STATE OF COUNTY OEEC6 5 WE. STAPLES DEVELOPMENT LIG. HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND WRHIN FAVORTNE BOUNDARIES OF THE FOREGOING PUT SUBJECT TO A LIEN IN THAT WE HAVE HAD SAID LAND SURVEYED AND mSIMPLE,RTHAT EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED IN FEE SF NOT PREVIOUSLYEDICATED, ARE HERESY DEDICATED TO THE PLIBUC USE FORE., AND THAT -MIS PLAT WAS MADE FOR THE PURPOSES OFDESCRIPTON AND DEDICATION BLIS RiE DAY OF STATE OF TERAs 5 COUNTY OF NUMB HOSSEIN MOST ASHASI, VICE PRESIDENT THIS INSTRUMENT ACKNOWLEDGED BEFORE ME BY ATA AZAU AS PRESIDENT OF THIS THE CAY OE 1,V1601.10 IN AND FOR OF STAPLES DEVELOPMENT LTC. STATE OF COMP( OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY HOSSEIN MOSTAGHASI AS MCE PRESIDENT THIS THE DAY OF THEASIATE OF°TFXAS 0 FOR LIP05 ,LVD. THE TARO REQUIREMENT, AS DEPICTED, ISA REQUIREMENT OF CHANCE CAS THE ZONING MAY CHANGE. DEVELOPMENT CODE D Is SUBJECT To RECEIVING2. THE WATER FOR STORM WATER RUNOFF FROM THIS PROPERTY Y. THE TOED HAS LASSIFIED THE AQUATIC LIFEUSEFOR THE THE S CSO 6EXCEPTIONAL. AND °OYSTER A MET) ALSO CATEGORIZED THE RECEIVING WATER AS .CONTACT USE. 3. SET 5/B' 0R.5 AT ALL IDT CORNERS UNLESS OTHERWISE NOTED. BEARINGS11.IE BASIS OF STHE OUTHWEST BOUNDARY LINE OF MANHATTAN ESTATE UNU I, Scl'oe'OCT, AS SHOWN. 5. THE SUBJECT SITE LIES RSUANT TO FEMA FLOOD COMMUNITY PANEL IRECT494° 0540 CP° COUNTY, TEXAS (UNINCORPORATED AREAS),), REVISED MARCH 18,1985. 6. PROHIBITED. AY ACCESS ONTO BRONX AVENUE AND LIPES BLVD. 15 2. II RJEC ATIONST SITE CONTAINS I9.607 ACRES INCLUDING STREET DEDIC D 25' 50' 100' SCALE' 1, 50' STATE OF TEXAS COUNTY OF NUECES (w.ME7 F. ON THE LAND EM n APPROVE hIE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSID,ATUNS !PERON EXPRESSED STATE OF TEXAS 000512 of Nu7GE0THIS INSTRumENT was 8 AcKmowLEDGEO BEFORE ME o� OF THIS THE DAY OF TIRE: (NAME), MTUtg MAY 1 42015 CURVE DATA a o o=14 •Do. ° ° CH -21, E1 2 N TH LLD' 19 D•R'16 ©a H eH zz ®L!,ToD5 a STATE OF %AS 4 OFCOUNTY NUECES REGISTEREDI, NIXON M WELSH, PROFESSIONAL LAND SURVEYOR CERTIFYOF BASS 66 WELSH ENGINEERING, HEREBY FOREGOING PLAT WAS PREPARED FROM A URVEY MADE ONETHE GROUND TRW AND CORRECT AND THAT WE HAVE SEEN DIRECTION, ET ALL OT CORNERS UPON WITHOUT DELAY SUBDIVISION CONSTRUCTION MEMS THLS THE DAY OF ELSN AL LAND SURVEYOR, TEXAS NUMBER 2211 LIPES BLVD. CROSSING G DR.. DN ECK ER DR LOCATION MAP PLAT OF PEI D PPG30O MCS JUN 3 2015 PLANNING COMMIS£ ON MANHATTAN ESTATES UNIT 17 A 16. 607 ACRE TR AL7 DF29. SECTION 20, FLOUR MRANO, MORE S E DR LESS A KRT.,.OF LOTS 22, 20 wHICH RECORDED IN & WO, FL.D 41 3,F GARDEN MAP RECORDS,EN S COUNTY,, TX E CORPUS CHRISTI, NUECES COUNTY, TEXAS DATE Po 4N OS g''' BASS & WELSH ENGINEERING FIRM ND. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 Exhibit 1 JOB NEL. 15004 J,SHEETSC oleo z ANE Page 1 of 2 0600— — T.s AT -061C. 75:6 SF S 44 iSan.1445r -.ate sO. Oo. 6989 SF X50 op_ F ;.1-- o� 25 ,P o m WI 96 444 YR 23 6985 SF EE 0900 5. of 3'EE 0070,, — I— 25'rR— 43 42 MANHATTAN STATES UNIT 5 S61 00' OC'E 658 63 37 a . 36 TV o, STATES LO a1A a, ux. 6985' SF 000- 19 6985 SF 60 0 7.5 DE 65 00 71 6485 SF EE_ ,6o°A°,e4902RT 25 6965 60 GO' 25' YR 6DL00_ _ Duo°, _LEE— moo' 1,5' ST. DEDICATION N29'00'00"E 17.50' N61'00'00'W 5.00' o © o O 0Oma. Ns 430 39 756'7 SF 25' YR 6928; SF 75677 SF 15 6965 SF 8 6985 SF 0205VESANTS COURT 0600— 3' E2 S5700— — 6972 SF 8 67 SF 697s27 SF k N61°00'00'W 497,4 STATE OF TOUS COUNTT 0E NUECES 6 CHRISTI. -.GS 25' YR .72 SF 625'7 SF 6974 SF 58 4 97g SF o ^ II 6942 SF i /a i %. 988V SF 751T SF 98 91' r - OE 3 0 0 24 25 STATE OF TEN. COUNTY OF NUECES KARA SANDS. CLail< OF THE COUNTY COURT IN AND FOR SAID COUNTY. DO HEREBY CERTIFT THAT THE FOREGOING INSTRUMENT DATED PIE DAY OF 20 WWI ITS CERTIFICATE OF AUTHENTICAPON, WAS FILED FOR RECORD IN MY OFFICE IRE DAY DF 20 AT O'CLOCK AND DULY RECORDED THE DAY OF 20 AT O'CLOCK IN THE MAP RECORDS OF SAID COUNTY IN VOLUME _. PAGE — INSTRUMENT NUMBER WITNESS MY HAND AND SEAL DF WIE COUNT( COURT IN AND FOR SAID COUNT, , OFFICE IN CORPUS CHRISTI. NUECES COUNTY. TEXAS. THE DAY AND YEAR LAST WWFTEN DEPUTY UE 30 6522 SF NARA SANDS, CLERK COUNTY COURT NUECES COUNIY. TEXAS 661' 00' 00° E 781. 82 91 10 7105 SF 8 DB 52 7438,6 SF (5'3536000 000 Sal SF \\ it © 4'/ — Zey 56 42' 47 61' 118 54 25' YR 29 00 55 00' 7.5 UE 36, OCT 00, 502 56 METS CCOURT n0 061.00' 00 6 790 SF 17. 5' STREET BED/ ICI 000 o' S' L_15' UE 60 30, 0O LIPES BLVD DEVELOPMENT SERVICES ENGINEER DATE STATE OF TE4,9 g COUNTY OF NUECES g THIS THE DAY OF 20 Exhibit 1 960'57 44"W 1319.82 25' S0' to0' SCALE. 1'= 50' I?PBCo fit^ 1I JUN 3 201. PLAT OF MANHATTAN ESTATES UNIT 7 (CONTINUED) CORPUS CHRISTI, NUECES COUNTY, TEXAS MISVP PLANNING COMM BASS 6 WELSH ENGINEERING FIRM N0. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 IJ SIGN Page 2 of 2 BRONX DR. 25' BC 37. 5' HALF ROW - GA-lg S3d I1 AIRLINE CROSSING DRIVE GIANTS DRIVE` aria S3dI7 70ti 42 41 40 39 38 37 36 35 34 33 O 6 N 14 15 16 17 18 19 20 PROPOSED MANHATTAN ESTATES UNIT 7 O 21 22 23 0 100' 200' 400' SCALE: 1"= 200' EXHIBIT SHOWING LIPES BLVD. IMPROVEMENTS 1"=200' .ati' 'af r� r or • M. wE SH \,HIXON 36240 ::, IOW. tuang. Exhibit 2 BASS AND WELSH ENGINEERING E CORPUS CHRISTI, TX / / SURVEY REG. NO. 100027-00, 04 13 16 TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 15004, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 04/1 v16a 2 eH1 OT 1 57.5' STREET ROW 20' EDGE OF PAVEMENT ELEVATI❑N SHALL NOT BE NOT MORE THAN 3" BELOW NG -\ NG GRADE 4: 1 TO MEET NG 37. 5' CL FUTURE 75' STREET ROW 25' BC 12.5' TRANSVERSE SLOPE 2Z TO 4Z 1.0' TYP. 8" CRUSHED LIMESTONE BASE TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025222 "FLEXIBLE BASE - HIGH STRENGTH". COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT NOT LESS THAN 1% POINT BELOW OPTIMUM MOUSTURE NOR MORE THAN 3% POINTS ABOVE OPTIMUM MOISTURE. EXTEND TO 2' BC. 4" MIN. THICKNESS BENEATH C&G AND TO 2' BC 4' WIDE R/C WALK COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY 6" CITY STD. R/C CURB AND GUTTER 2" TYPE "D" HMAC SURFACE COURSE ON PRIME COAT © 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 8" LIME STABILIZED SUBGRADE TO 2' BC AND COMPACTED TO 98% STANDARD PROCTOR DENSITY WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE ON THE HIGH SIDE. LIME SHALL BE APPLIED AT THE RATE OF 27 LB/SY. 8" THICKNESS BENEATH C&G AND TO 2' BC TYPICAL HALF -STREET SECTION - LIPES BLVD (57.5' ROW) LOOKING NORTHWEST, STA 1+45 TO STA 8+67 Exhibit 2 NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT1, JOB NO. 15004, SCALE: NONE, PLOT SCALE: 1 '=60', PLOT DATE: 4/11 aaeH2 Ot QF 1 75' STREET ROW 11' 50' BB STREET CL STREET ROW 25' 25' EXISTING PAVING MATCH EXISTING PAVING AT JUNCTION OF EXISTING AND PROPOSED PAVING -' 2% 8" CRUSHED LIMESTONE BASE TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025222 "FLEXIBLE BASE - HIGH STRENGTH". COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT NOT LESS THAN 1% POINT BELOW OPTIMUM MOUSTURE NOR MORE THAN 3% POINTS ABOVE OPTIMUM MOISTURE. EXTEND TO 2' BC. 4" MIN. THICKNESS BENEATH C&G AND TO 2' BC - VARIES /EXISTING PAVING EXTENDS INTO NORTHEAST HALF OF STREET ROW IN SOME PLACES, SEE PLAN 1% - 4% 1.0' TYP. 2% OMNI 4' WIDE R/C WALK 6" CITY STD. R/C CURB AND GUTTER 2" TYPE "D" HMAC SURFACE COURSE ON PRIME COAT © 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT). VERIFY 1 - 4% FALL BEFORE CONSTRUCTING C&G 8" LIME STABILIZED SUBGRADE TO 2' BC AND COMPACTED TO 98% STANDARD PROCTOR DENSITY WITHIN TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE ON THE HIGH SIDE. LIME SHALL BE APPLIED AT THE RATE OF 27 LB/SY. 8" THICKNESS BENEATH C&G AND TO 2' BC TYPICAL STREET SECTION - LIPES BLVD (75' ROW) LOOKING NORTHWEST, STA 8+67 TO STA 19+67.26 Exhibit 2 NTS BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT2, JOB NO. 15004, SCALE: NONE, PLOT SCALE: 1'=60', PLOT}DATE: 4/13116, aaeHi o QF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 MANHATTAN ESTATES UNIT 7 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 09/01/15 361 882-5521-- FAX 361 882-1265 STREET & SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 6665 LF 14.00 93,310.00 2. 4" R/C WALK 27047 SF 4.00 108,188.00 3. 2"HMAC 11746 SY 17.50 205,555.00 4. 8" CRUSHED LIMESTONE BASE TO 2'BC 4632 SY 17.50 81,060.00 5. 6" CRUSHED LIMESTONE BASE TO 2'BC 10095 SY 13.25 133,758.75 6. 8" LIME STABILIZED SUBGRADE TO 2'BC 14727 SY 8.00 117,816.00 7. STREET SIGNS 6 EA 250.00 1,500.00 8. EXCAVATION 1 LS 60,000.00 60,000.00 9. CLEARING & GRUBBING 1 LS 4,000.00 4,000.00 TOTAL STREET & SURFACE ITEMS $805,187.75 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 10" PVC PIPE 114 LF 54.00 6,156.00 2. 8" PVC PIPE 1831 LF 48.00 87,888.00 3. 4" OR 6" PVC SS SERVICE 75 EA 450.00 33,750.00 4. DROP CONNECTION 7 LF 600.00 4,200.00 5. DEEP CUT SERVICE CONNECTION 2 EA 500.00 1,000.00 6. FG MANHOLE 6 EA 3,500.00 21,000.00 TOTAL SANITARY SEWER ITEMS $153,994.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 179 LF 32.00 5,728.00 2. 15" HDPP 1057 LF 32.00 33,824.00 3. 18" RCP 264 LF 38.00 10,032.00 4. 18" HDPP 211 LF 38.00 8,018.00 5. 27" RCP 216 LF 50.00 10,800.00 6. 5' INLET 11 EA 3,200.00 35,200.00 7. MANHOLE 1 EA 4,000.00 4,000.00 8. ADJUST MANHOLE TOP 2 EA 2,500.00 5,000.00 TOTAL STORM SEWER ITEMS $112,602.00 Exhibit 3 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 361 882-5521-- FAX 361 882-1265 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" TAPPING SADDLE W/2" TAPPING GATE VALVE & BOX 1 EA 1,000.00 1,000.00 2. 6" PVC WTR 2396 LF 32.00 76,672.00 3. 6" TEE 3 EA 400.00 1,200.00 4. 6" CAP TAPPED FOR 2" 3 EA 300.00 900.00 5. 6" X 2" DOUBLE STRAP CONNECTOR 3 EA 250.00 750.00 6. 6" 90°EL 4 EA 200.00 800.00 7. 6" GATE VALVE W/BOX 6 EA 975.00 5,850.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 150.00 1,350.00 9. FIRE HYDRANT ASSEMBLY 3 EA 3,300.00 9,900.00 10. 6" CROSS 1 EA 500.00 500.00 11. 2" PE PIPE 431 LF 20.00 8,620.00 12. 2" CORP STOP W/BOX 3 EA 200.00 600.00 13. WATER SERVICE SINGLE 5 EA 550.00 2,750.00 14. WATER SERVICE DOUBLE 35 EA 650.00 22,750.00 15. REMOVE AND RELOCATE FH 1 LS 2,500.00 2,500.00 TOTAL WATER ITEMS $136,142.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 8,000.00 8,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 5747 LF 3.00 17,241.00 3. 4" PVC CONDUIT FOR AEP 200 LF 25.00 5,000.00 TOTAL MISCELLANEOUS ITEMS TOTAL CONSTRUCTION $30,241.00 $1,238,166.75 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 MANHATTAN ESTATES UNIT 7 OVERSIZE LIPES BLVD. COST ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 12/22/15 361 882-5521-- FAX 361 882-1265 STREET AND SURFACE ITEMS REIMBURSEABLE BY CITY FOR OVERSIZING LIPES BLVD. FROM 28'BB EQUIVALENT STREET TO 501BB EQUIVALENT STREET (ONE SIDE OF STREET ONLY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 2"HMAC 2189 SY 17.50 38,307.50 2. 8" CRUSHED LIMESTONE BASE 2985 SY 17.50 52,237.50 3. 8" LIME STABILIZED SUBGRADE 2985 SY 8.00 23,880.00 4. EXCAVATION 1 LS 6,000.00 6,000.00 5. CLEARING & GRUBBING 1 LS 3,000.00 3,000.00 6. PAVEMENT STRIPING 1 LS 6,000.00 6,000.00 SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING TOTAL $129,425.00 $14,236.75 $143,661.75 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. 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 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of Carpus Christi. Texas City of Development Services Ci Ly of P O. Box 9277 Corpus Chnsu,Texas 78469-9277 (31) 826-3240 Corpus Located at6 2406 Leopard Street Christi (Corner of Leopard St. and Pon Ave.) 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". 1 /� NAME: XI A.. b Z / v, STREET: A - — CITY: n t2 7US �/SjP / �' ;ZIP: FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner association [/Other G I. C , 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) /rh A' R 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 / Ac-) 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, Texasss cjianges occur. Certifying Person: (Print) Signature of Certifying Person: R� `lls�lr K.VDEVELUPMCNT5VCSSIiARCD\L, ND DEVELOPMENIWRDINANCC ADMINISTRATION APPLi•-AT1 STATF.MFNTI 27 12 -DOC Exhibit 5 Title: Date: RMSIFUR, S AS PER LEGAL522(II25DISCLOSURE OF IN1tRESTS Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest`. Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K WEVELOPMENTSVCS'SHAREDLLAND DE% FLOPMEN rORDINANCE AO IINISTkAT1OMAPPL1CATION FORMS\FORINS AS PER LEGAL12o12 bISCLOSURE OF INTERESTS STATEMENT1 27 12 DOC Page 2 of 2 Exhibit 5 tratookkoasoklasols City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O Dos 9277 Corpus Christi. Texas 78469-9277 (361) 826-3240 Located at• 2406 Leopard Street (Corner of Lcopiu(' Si. MA Port Ave ) 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". t_ NAME: tyi1)S-5 IIY\ C-'epryy�, II tioS Y]o4SU STREET: 0 Dal -00 13(41-- ke. `boo CITY: CoriXtS MNl' X54 t ZIP: 784/176 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner El 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 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 #he.subject of this contractand 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 o = ny information requested; and that supplemental statements will be promptly submitted to the City of Corpus Ch Texas as changes occur. Certifying Person: • E nl 110571-44051 (Print) Signature of Certifying Person: Title: CIO I -n Date: TS lip K:SDEVELOrMENTSVCSLSHAREDILAND DEVELOPMEN (ORDINANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAL.2OI2lD1SCLOSURE OF INTI=REsTs STATFMF7*i4.2712TH)t Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. 'Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Finn" Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "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. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. I:. SDEVELOPMENTSVCSSIIARED\LAND DEVELOPMENT\oRD1NANCE ADMINISTRATIONIAPPLICATION FORMSIFORMS AS PER LEGAL 2012\DISCLOSL'RE OF INTERESTS STATEMENT! 2712 DOC Page 2 of 2 Exhibit 5 ofh1S provided l,y Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.1021 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 ONLY CERTIFICATION OF FILING Certificate Number: 2016-44628 Date Filed: 04/25/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Staples Development, LLC 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 g 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. Manhattan Estates Unit 7 Participation Agreement 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 n 6 AFFIDAVIT i40. I swear, or affirm, under penalty of perju , • 4.4_DSS ) /`f Ol Th t; 15) hat the above disclosure is true and correct. , , JENNIFER !`' Notary ELAINE CAIIALES Public of TEXAS Ex 11.26.201E f SEAL ABOVE before me, by the said witness my hand *• :,► STATE . M Comm. AFFIX NOTARY STAMP Sworn to and subscribed 20 t , to certify which, Signature of authorized agent of contracting business entity 4, IN. QSrthis the ph day ofPcir 1 V and seal of office. —Nyt\n\ r Lice ria ramie s w Y t Signatu a of o icer administering oath Printed name of officer administering oath Title of officer admini to ' g oath 1 ofh1S provided l,y Texas Ethics Commission www.eth ics.state.tx. us Version V1.0.1021 orms provi ea by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 ot 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 CERTIFICATION USE ONLY OF FILING Number: 1 Name of business entity filing form, and the city* state and country of the business entity's place of business. Staples developement LLC corpus christi, TX United States Certificate 2016-45375 Date Filed: 04/26/2016 Date Acknowledged: 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. Manhattan unit 7 street participation agreement 4 Name of Interested Party City, State,CountryNature (place of business) of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE Swor and subscribed before me, by the said % I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. a , ign• - f aut prized e • contracts ! business entity ,4- C . { i►4i � ' ay of �, 20 / , to certify which, witness my hand and seal of office. PEZ (:° NotID# ry48Pu lic-5 1 < Y °�e t ROSIENOPublic � Notary Publio .. STATE OF TEXAS „ e/My Comm. Exp. 02-15-2017 > p 0 {Ce'r - s , ..11r6111111,/ Signature of outer admi ' • g olar j Si Printed name of officer - administering oath Tide of officer administering oath orms provi ea by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 11, 2016 Second Reading for the City Council Meeting of October 18, 2016 DATE: August 10, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading Ordinance - Street Closure of Harney Road, located between Violet Road and Callicoate Road, just north of IH 37. CAPTION: Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. PURPOSE: The purpose of this item is to abandon and vacate a portion of approximately 60 -foot wide public right-of-way and retain a utility easement over the same. BACKGROUND AND FINDINGS: James & Beverly Holman and Michael & Kerry Berry (Owners) are requesting the abandonment and vacation of a developed and surfaced 0.687 Acres portion of an approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, located between Violet Road and Callicoate Road, just north of IH 37. Staff recommends that payment of the fair market value be paid according to City Code, Sec. 49- 12 (c). The Owners have been advised of and concur with the conditions of the public street right- of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure will continue allowing the illegal dumping and the improper use of the street which promote crime. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies objected to the public street right-of-way closure as long as we maintain a utility easement over the same area. FINANCIAL IMPACT: ❑ Operating • •Revenue ❑ Capital ❑ 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 Onetime Fee $16,037.43 $16,037.43 BALANCE $16,037.43 $16,037.43 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. A Utility Easement is retained over the entire vacated area in favor of City departments and franchised utility companies and Koch. b. An Access Easement is retained over the entire vacated area in favor of abutting owners. c. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. d. Pursuant to the City Code of Ordinances, Sec. 49-12, (c), prior to the placement of the ordinance the council agenda, that payment of the fair market value be made in the form of a certified or cashier's check in the amount of $16,037.43. Such funds to be deposited in the street maintenance fund upon passage of this ordinance. e. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. f. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Maps Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. WHEREAS, James & Beverly Holman and Michael & Kerry Berry (Owners) are requesting the abandonment and vacation of a developed and surfaced 0.687 Acres portion of an approximately 60 - foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, located between Violet Road and Callicoate Road, just north of IH 37. This closure is being requested to prevent illegal dumping and the improper use of the street which promote crime. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, October 11, 2016, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate, and abandon the subject portion of the developed and surfaced 0.687 acres' portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. As requested by James & Beverly Holman and Michael & Kerry Berry (Owners), the developed and surfaced 0.687 Acres portion of approximately 60 -foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, between Violet Road and Callicoate Road, just north of IH 37 is closed, vacated, and abandoned by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is the graphical representation for the metes and bounds description, and Exhibit "C" which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The closure, vacation, and abandonment of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. A Utility Easement is retained over the entire vacated area in favor of City departments and franchised utility companies and Koch. b. An Access Easement is retained over the entire vacated area in favor of abutting owners. c. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. d. Pursuant to the City Code of Ordinances, Sec. 49-12, (c), prior to the placement of the ordinance the council agenda, that payment of the fair market value be made in the form of a certified or cashier's check in the amount of $16,037.43. Such funds to be deposited in the street maintenance fund upon passage of this ordinance. e. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. SECTION 3. This ordinance takes effect upon adoption. 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 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES P 0. 80X 6355 • CORPUS CHRISTI, TEXAS 78466-6355 EXHIBIT Al STREET CLOSURE Job No. 39104.00.01 September 24, 2003 FAX (361)854-6001 Fieldnotes for the closure of the southeast portion of Harney Road, as shown on the map of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas; said street closure being more fully described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pipe found for the east intersection of Up River Road, an 80 foot wide public roadway, and said Harney Road for the west comer of a 2.572 acre tract of land out of Share X111, C.C. Hart Partition, as recorded in Document No. 2002045690, for the south comer of this tract; THENCE North 55°18'00" West, along the northeast right-of-way of said Up River Road, a distance of 30.00 feet to the existing centerline of said Harney Road for the west comer of this tract; THENCE North 34°42'00" East, along said existing centerline of Harney Road, a distance of 483.13 feet for the north corner of this tract; THENCE South 65°I9'17" East, along the projected southwest boundary of Nueces River, a distance of 33.94 feet for the north corner of the aforementioned 2.572 acre tract of land and for the east corner of this tract; THENCE South 35°06'02" West, along the southeast right-of-way of said Harney Road, a distance of 489.05 feet to the POINT OF BEGINNING and containing 15,408.40 square feet of land; Bearings based on the recorded plat of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. 5 u9lo4WooIWN19104o001 doe URBAN ENGINEERING By: Dan L. Urban, R.P.L.S. License No. 47 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 mail©urbaneng.com Page 1 of 1 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES Job No. 39104,00.00 June 12, 2003 P O BOX 6355 • CORPUS CHRIST., TEXAS 78466-6355 FAX (361)854-6001 STREET CLOSURE Fieldnotes for the closure of the northwest 30.00 feet of Homey Road (not based on an on -the - ground survey), as shown on the map of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas; said street closure being more fully described by metes and bounds as follows: BEGINNING at a point on the northwest right-of-way line of Up River Road, an 80 foot wide public roadway, for a comer of said Lot 9A, for the beginning of a circular curve to the left whose radius point bears North 34'42'00" East, a distance of 10.00 feet, and having a central angle of 90°00'00", a radius of 10.00 feet, a tangent length of' 10 00 feet and an arc length of 15.71 feet; THENCE along said circular curve to the left an arc length of 15.71 feet to a point on the southeast boundary of said Lot 9A, same being the northwest boundary of said Harney Road and this tract; THENCE North 34`42'00" East, along the common boundary of said Lot 9A and said Harney Road, a distance of 474.24 feet to a point on the southwest boundary of the Nueces River, as shown on the recorded plat of said Nuecestown, for the east corner of said Lot 9A, same being the north corner of this tract; TI-IENCE South 53°10'55" East, along the projected southwest boundary of Nueces River, a distance of 30.02 feet to a point on the existing centerline of said Marney Road for the east corner of this tract; TI-IENCE South 34 42'00" West, along the existing centerline of said Harney Road, a distance of 483 13 feet for the south comer of this tract; THENCE North 55°18'00" West, parallel to the centerline of said Up River Road, and 40.00 feet distant from, measured at right angles thereto, a distance of 40.00 feet to the POINT OF BEGINNING and containing 14,532.08 square feet of land. Bearings based on the recorded plat of Lots 9A and 9B, Nuecestown, a map of which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas. Unless this ficldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. URBAN ENGINEERING By m% X(41 Dan L. Urban, R.P.L.S. License No. 4710 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 mail@urbaneng.com 0 $AN °'ESstO�••o d DAN LEE UR URBAN) 2115 SwANTMR CORPUS CHR4n 1E445 76404 061/854-5101 fa (1167654-60171 I I Z O ,= 0a zCC U a I Z� 0 I LJ Er i Minw I 00 CZ I ?w 0-CLL- Iz 0 U - 4000' JIry t4go.00,00. R=10.00 T=10.00' L=15.71' 2400 CD 001 .11 WOO zrZ w Jo �o 0 O W a: `ExISTINC CENTERLINE OF HARNEY ROAD Exhibit B Map to Accompany FI£LONOT£S for o the closure of the northwest J0 00 feet o/ Horsey Rood (not bosed on an on -the -ground survey), as shown on the mop of Lots 9A and 98,, Nuecestown, a mop of whch '5 recorded m Volume 47, Rage 246. Mop Records o/ Nueces County, Texas LOT 9A NUECESTOWN VOL 47, PG. 246, MAP RECORDS OF NUECES COUNTY, TEXAS N34'42'0011E 474.24' 14.5112 08 :o FT S34'42'OO"W 483.13' HARNEY ROAD 73 50 2S 0 50 100 1•-s0' w CSI c)p M in M in to z DATE: JUNE 12, 2003 SCALE: 1"= 50' JOB NO.: 39104.00.00 SHEET: 1 OF 1 DRAWN BY: XG CHECKED BY: RR 4040• LOT 9A NUECETT0WN VOL. 47, P0. 248, MAP RECORDS OF NUECES COUNTY, TEXAS 11NC CENTERLINE OF MOO' RW0 'POINT OF BEGINNING' FOR FlELDNOTES DESCRIPTION Exhibit B1 Map to Accompany f>I5for the of the afHomey Rood as shown on to asp of lab 94 and 94 AAxc»stowr; a map of eltich is record's! in N,Asne 47, Page 244 Map Records of Mikes *Ns*, Texas. HARNEY ROAD N34 42'00'E 483.13' 15.405.40 50. FT. 535'06'02"W 489.05' 2.572 ACRES OUT OF SHARE XIII C.C. HART PARTITION (DOC. N0. 2002043890) 75 1e0 0 1%00. cn ml 1 1 URBANDATE: SEPT. 24, 2003 JOB NO.: 39104.00.01 SHEET: 1 OF 1 1725 soma macs case was DRAWN BY: XG (.w) -J:oI r c 01050 -ani CHECKED BY: SB URBAN) 2115 SwANTMR CORPUS CHR4n 1E445 76404 061/854-5101 fa (1167654-60171 I I Z O ,= 0a zCC U a I Z� 0 I LJ Er i Minw I 00 CZ I ?w 0-CLL- Iz 0 U - 4000' JIry t4go.00,00. R=10.00 T=10.00' L=15.71' 2400 CD 001 .11 WOO zrZ w Jo �o 0 O W a: `ExISTINC CENTERLINE OF HARNEY ROAD Exhibit B2 Map to Accompany FI£LONOT£S for o the closure of the northwest J0 00 feet o/ Horsey Rood (not bosed on an on -the -ground survey), as shown on the mop of Lots 9A and 98,, Nuecestown, a mop of whch '5 recorded m Volume 47, Rage 246. Mop Records o/ Nueces County, Texas LOT 9A NUECESTOWN VOL 47, PG. 246, MAP RECORDS OF NUECES COUNTY, TEXAS N34'42'0011E 474.24' 14.5112 08 :o FT S34'42'OO"W 483.13' HARNEY ROAD 73 50 2S 0 50 100 1•-s0' w CSI c)p M in M in to z DATE: JUNE 12, 2003 SCALE: 1"= 50' JOB NO.: 39104.00.00 SHEET: 1 OF 1 DRAWN BY: XG CHECKED BY: RR Vicinity Map Harney Street Closure AERIAL MAP Harney Street Closure 1 N AERIAL MAP STREET CLOSURE Nueces River nra�: Mart E /&Jr9 arkrimPPIngi.AarailrktiOrt I 'auiiaa3©p,, and NO Liam( Cibrfl uuthy t N AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: TO: Margie C. Rose, City Manager September 22, 2016 THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant amendment in the amount of $61,645.00, and appropriation of the funds for the contract period September 1, 2016 through August 31, 2017 CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $61,645.00 to provide for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control tuberculosis within the jurisdiction of the Corpus Christi-Nueces County Public Health District. Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645.00. The cash match has been included in the Health Department County General Fund Budget for FY2016. ALTERNATIVES: Refuse the grant and discontinue offering services to prevent and control tuberculosis in the community. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2016-2017 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount This item $61,645.00 $61,645.00 BALANCE $61,645.00 $61,645.00 FUND(S) Grant Comments: Acceptance of the grant requires that the City of Corpus Christi contribute a cash match of 20% ($12,329) of the grant amount of $61,645.00. The cash match has been included in the Health District County General Fund Budget for FY2016 and FY2017. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-001398-01 (Amendment #01) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control -State (TB/PC-STATE) grant in the amount of $61,645.00, increasing the total amount to $123,290.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund with a City match of $12,329.00, increasing the total match amount to $24,658.00, to provide tuberculosis prevention and control services for the amended contract period September 1, 2015, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $123,290.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2015, through August 31, 2017, to provide continued tuberculosis prevention and control services. Section 2: That the increased grant amount of $61,645.00, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-STATE grant in the Health Department. Section 3: The amendment includes revisions to Section 7,I -A. Provisions of Service; Section 7,1-C Medications and Supply Inventory; Section 7,I -F Reporting; Section 7, 11 Performance Measures; Section 16 Special provisions; and deletion of Section 7,I -D Use of Interferon Gamma Release Assay Tests. Section 4: Further the City Council ratifies acceptance of the grant to begin as of September 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/State RENEWAL Signature Page DCPS-2017-TB/PC-ST-00013 DEPARTMENT OF STATE HEALTH SERVICES Amendment # 01 The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (Contractor) agree to amend Contract No. 2016-001398-00 (Contract), which was effective on September 1, 2015. This Contract has been not been amended prior to this Amendment. 1. The Parties agree to amend Section II of this Contract to add SIXTY-ONE THOUSAND SIX HUNDRED FORTY-FIVE DOLLARS ($61,645.00) to increase the total amount that the Contract will not exceed to ONE HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED NINETY DOLLARS ($123,290.00). II. The Parties agree to amend Section IV this Contract to extend the end of the Contract term to August 31, 2017. III. The Parties agree that the amended Contract will be denominated Contract No. 2016-001398-01 for administrative purposes. IV. The Parties agree to amend Section 7-A PROVISION OF SERVICES of this Contract by adding the following: The Contractor may, at its discretion, elect to provide directly observed therapy (DOT) using a video platform. To the extent Contractor elects to utilize DOT using a video platform, it comply with the requirements outlined in the Requirement and Recommendation Guidance Document for Video DOT located at http://www.texastb.org. V. The Parties agree to delete in its entirety Section 7-C MEDICATIONS AND SUPPLY INVENTORY MANAGEMENT of this Contract and replace it with the following: Contractor shall order TB medications through DSHS-enabled pharmacy ordering system. Contractor shall ensure that TB medications purchased with DSHS TB Branch funds are used In a prudent manner that contributes to disease control in their service area and shall not be distributed to other entities. Contractor shall monitor and manage its usage of medications and testing supplies fumished by DSHS in accordance with first -expiring -first -out (FEFO) principles of inventory control to minimize waste for those products with expiration dates and set maximum stock levels at a 1 -month supply and based on the number of patients receiving treatment. Between the first and the seventh working day of every month, the Contractor shall perform a physical count of its inventory of medications and supplies fumished by DSHS and appropriately reconcile the quantities by product and lot number in the Inventory Tracking Electronic and Asset Management System (ITEAMS). Failure to reconcile in !TEAMS may prohibit release of medications. All DSHS-purchased medications shall be stored properly and securely, in accordance with manufacturer's instructions (refer to TB Work Plan, Section V). Products that have not been used in nine (9) months, or will not be used in nine (9) months shall be retumed to DSHS Pharmacy or transferred to another TB program where the demand may be greater and recorded in ITEAMS. Contractor shall obtain a TB expert physician consultation and approval from the TB Branch prior to ordering the following second -line medications: -Injectable Agents: capreomycln, kanamycin, amikacin, streptomycin; • Fluoroquinolones: levofioxacin (Levoquin), ciprofloxacin, moxifloxacin, ofloxacin; -Bacteriostatic Agents: ethionamide, para-aminosaiicylic acid, cycloserine; and • Other Agents: clofazamine, linezolid, bedaquiline, clarithromycin, amoxicillin. Contractor may distribute Purified Protein Derivative (PPD) and syringes for TB skin testing to correctional facilities that meet Texas Health and Safety Code, Chapter 89 requirements. Contractor shall monitor distribution of these items in accordance with screening activities submitted on the correctional monthly report. VI. The Parties agree to delete In its entirety Section 7-D 08/22/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 T6lState RENEWAL Signature Page DCPS-2017-TB/PC-ST-00013 USE OF INTERFERON GAMMA RELEASE ASSAY TESTS of this Contract and replace it with the following: I. Perform tuberculosis screenings using DSHS-supplied interferon gamma release assays (IGRA). DSHS reserves the right to select either T-SPOT®.TB and/or QuantiFERON®—TB Gold in -tube tests for the following populations in accordance with DSHS-approved age requirements: a. TB suspects; b. TB cases; c. Contacts to TB suspects and cases — Consultation with the TB Branch is required for contact investigations in which 50 or more persons are targeted for screening; d. Targeted testing except screening in correctional facilities — Monthly screening reports shall be submitted in accordance with reporting schedule; and e. Routine screening of employees providing TB services. 2. IGRA testing products/supplies supported by DSHS funds shall not be provided to any organization or establishment without documented approval from the TB Branch. VII. The Parties agree to amend Section 7-F REPORTING of this Contract by adding the following: 1. Provide a complete and accurate Annual Progress Report covering the period from January to December 2016, in the format provided by DSHS, demonstrating compliance with requirements of the contract during that time period. The report shall include, but Is not limited to, a detailed analysis of performance related to the performance measures (see Section 11 FY16 Performance Measures). 2. The Contractor's Annual Progress Report shall not be combined with another Contractor's or health service region's Annual Progress Report. The report is due March 15, 2017, and shall be sent to the TB Reporting Mailbox at TBContractReporting©dshs.state.tx.us (refer to TB Work Plan, Section IX, 0). Any individual -level patient data must be sent via the PHIN. Contractors can mail the Annual Progress Report to their DSHS Health Service Region (HSR) thereby authorizing them to submit the report on their behalf. If the Contractor sends the report to a DSHS HSR, the deadline for submission to the TB Branch remains unchanged. VIII. The Parties agree to amend Section 7- Performance Measures of this Contract by adding the following: 1. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 82.9% is required. If fewer than 82.9% of newly reported TB cases have a result of an HIV test reported, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 2. Cases, and suspected cases, of TB under treatment by Contractor shall be placed on timely and appropriate Directly Observed Therapy (DOT). For FY17 reporting, data will cover all cases from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not Tess than 91.6% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.6%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 3. Newly -reported suspected cases of TB disease shall be started in timely manner on the recommended initial 4 -drug regimen. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not Tess than 93.4% is required. If fewer than 93.4% of newly -reported TB cases are started on an initial 4 -drug regimen in accordance with this requirement, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to Improve that percentage, on a timeline set by DSHS. 4. Newly -reported TB patients that are older than 12 -years -old and that have a pleural or respiratory site of disease shall have sputum acid-fast bacilli (AFB) -culture results reported to DSHS according to the timelines for reporting initial and updated results given herein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 91.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 91.5%, then DSHS may 08/22/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TBIState RENEWAL Signature Page DCPS-2017-TS/PC-ST-00013 (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 5. Newly -reported cases of TB with AFB positive sputum culture results will have documented conversion to sputum culture -negative within 60 days of initiation of treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015-12/3112015). A compliance percentage of not less than 95% is required. If data indicates a compliance percentage for this Performance Measure of less than 95%, then DSHS may (at its sole discretion) require additional measures be taken by contractor to improve the percentage, on a timeline set by DSHS. 6. Newly diagnosed TB cases that are eligible* to complete treatment within 12 months shall complete therapy within 365 days or less.'Exclude TB cases 1) diagnosed at death, 2) who die during therapy, 3) who are resistant to Rifampin, 4) who have meningeal disease, and/or 5) who are younger than 15 years with either miliary disease or a positive blood culture for TB. For FY17 reporting, data will cover all cases from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 87% is required. If data indicates a compliance percentage for this Performance Measure of less than 87%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 7. Increase the proportion of culture -confirmed TB cases with a genotyping result reported. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 94.2% is required. If data indicates a compliance percentage for this Performance Measure of less than 94.2%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 8. TB cases with initial cultures positive for Mycobacterium tuberculosis complex shall be tested for drug susceptibility and have those results documented in their medical record. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12131/2015). A compliance percentage of not less than 97.8% is required. If data indicates a compliance percentage for this Performance Measure of less than 97.8%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 9. Newly -reported TB patients with a positive AFB sputum -smear result shall have at least three contacts identified as part of the contact investigation that must be pursued for each case. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/31/2016). A compliance percentage of not less than 92% is required. If data indicates a compliance percentage for this Performance Measure of less than 92%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 10. Newly -identified contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive TB case shall be evaluated for TBI and disease. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 82.5% is required. If data indicates a compliance percentage for this Performance Measure of less than 82.5%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, an a timeline set by DSHS. 11. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case and that are newly diagnosed with TBI shall be started on timely and appropriate treatment. For FY17 reporting, data will be drawn from calendar year 2015 (1/1/2015 -12/31/2015). A compliance percentage of not less than 70% is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 12. Contacts, identified through the contact investigation, that are associated with a sputum AFB smear -positive case that are newly diagnosed with TBI and that were started on treatment shall complete 08/22/2016 Corpus Christi-Nueces County Public Health District (City) MCPS FY17 TS/State RENEWAL Signature Page MCPS 2017 TBIPC-ST-00013 treatment for TBI as described in Targeted Tuberculin Testing and Treatment of Latent TB Infection (LTBI), Morbidity and Mortality Weekly Report, Vol. 49, No. RR -6, 2000; according to timelines given, therein. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -1213112016). A compliance percentage of not less than 50% is required. If data indicates a compliance percentage for this Performance Measure of Tess than 50%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 13. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate a medical evaluation within 30 days of arrival. Arrival is defined as the first notice or report; whether that is by fax, phone call, visit to the health department or EDN notification. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -12/3112016). A compliance percentage of not less than 62% is required. If data indicates a compliance percentage for this Performance Measure of less than 62%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 14. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB, increase the proportion who initiate and complete a medical evaluation within 90 days of arrival. For FY17 reporting data will be drawn from calendar year 2016 (11112016-1213112016). A compliance percentage of not less than 60% is required. If data indicates a compliance percentage for this Performance Measure of less than 60%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 15. For Class B immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TBI during evaluation in the US, increase the proportion who start treatment. For FY17 reporting, data will be drawn from calendar year 2016 (1/1/2016 -1213112016). A compliance percentage of not less than 64% is required. If data indicates a compliance percentage for this Performance Measure of less than 64%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS. 16. For Class B Immigrants and refugees with abnormal chest x-rays read overseas as consistent with TB and who are diagnosed with TB Infection during evaluation in the US and started on treatment, increase the proportion who complete treatment for TB infection. For FY17 reporting, data will be drawn from calendar year 2015 (11112015 -1213112015). A compliance percentage of not less than 70% Is required. If data indicates a compliance percentage for this Performance Measure of less than 70%, then DSHS may (at its sole discretion) require additional measures be taken by Contractor to improve that percentage, on a timeline set by DSHS If Contractor fails to meet any of the performance measures, Contractor shall furnish In the Annual Progress Report, due March 15, 2017, a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the contract regarding breach I X. The Parties agree to amend Section 16 of this Contract to add the following: General Provisions, ARTICLE XXI. PROGRAM OPERATIONS, Section 21.05, Contractor's Notification of Change to Certain Contract Provisions to replace it with the following: Subject to the following restrictions, without prior approval, Contractor may transfer money between budget categories and must provide the System Agency Contract Manager with prior notification of this transfer. No budget category transfer or cumulative transfers may exceed 25% of the total contract value or $100,00, whichever is less. If the budget transfer(s) exceeds $100,000, alone or cumulatively, prior written approval from the System Agency is required. If the budget transfer(s) exceeds 25% of the total contract value, alone or cumulatively, a formal contract amendment is required. X. Except as provided in this Amendment, all other terms and conditions In the Contract will remain and be in full effect. 08/22/2016 Corpus Christi-Nueces County Public Health District (City) DCPS FY17 TB/State RENEWAL Signature Page DCPS-2017-TB/PC-ST-00013 XI. This Amendment is effective on September 1, 2016. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Contractor Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed By: Date: DSHS Signature By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Signed by: Date: pproved as to fo a 08122/2016 y City Attorney ney 8/2212018 IntelliGrants TXDSHS- Document Page 1 . 'TEXAS Department of State Health Services My Home My Contracts My Invoices My Archives Document Information: CPS-2017-TB/PC-ST 00013 Parent Information' DCPS-2016TBIPC-ST 00013 1212011 You are here: > Renewal Menu 3 Forms Menu FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT IFFATAI CERTIFICATION ",1111111■111111111111111 - beat GLOBAL ERRORS The certifications enumerated below represent material facts upon which DSHS relies when reporting Information to the federal government required under federal law. tithe Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies In accordance with Texas and U.S. law. Signor furrier agrees thhal It will provide Immediate written notice lo DSHS Sat any time Signor teams that any of the certifications provided for below were eaaneous when submitted or have since become erroneous by reason of changed circumstances If the Signor cannot certify all of the statements contained In this section, Signor must provide written notice to DSHS detailing which of the below statements It cannot certify and why, Organization Name Corpus ChriaB•Nueces County Public Health District (City) Address 1702 Home Road City Corpus Christi Stale Texas 21p Coda (9 digit) 78418 Payee Name City of Corpus Christi Address PO BOX 9277 City Corpus Christi Stale TX lip Code (9 digit) 78469-0277 Vendor identification No 17460005741 MallCode 027 Payee DUNS No.* ISI 069457706 1. Did your organization have a gross Income. from all sources, of zigia than S300,000 in your previous tax year? • Yes -! No Identify contact persons for FFATA Correspondence • FFATA Contact Person #1 Name' Constance Sanchez Email' Constancep4tcctexas.com Telephone' (361) 826-3227 FFATA Contact Parson 02 Name' Email' Telephone' Blandtna Costley Blandlnecalcctexes,com (361)826-7252 M the authorized representative of the Organization. I hereby certify that the statements made by me In this certification form am true, complete and comet to the best of my knowledge, E-Slgnamre Navigation Links Data Status Page Namc Note Created By Last Modified By Fiscal Federal Fundino Accounlab1I tv and Transearencv Act IFFATA1 hdpsJlegrants.dshs.texas.gwlpbjeclPage2.aspx7pgalD=259388omnParenlamnID=110341 aamnlD=110345 112 9f22/2016 IntellIGrards TXDSHS - Document Page d Ci I cz tloq Sionature Pace Share, Kathy- DCPS 7111/201 6 10:08:04 AM Too of the Page Powered by IntelIGrantsr" O Copyright 2000.2015 Agate Software, Inc httpsllegrants.dshs.tmcas.gov/O6jeciPage2.aspapga1D=25938SamnParent omn1D=1103418omnID=110345 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: TO: September 15, 2016 Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter©cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the IMM/LOCALS Immunization Branch -Locals Grant Amendment in the amount of $241,637, and appropriation of the funds for the contract period September 1, 2016 through August 31, 2017. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. PURPOSE: To be used to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide for personnel costs, supplies and other expenses to provide immunizations to eligible children, adolescents, and adults, with special emphasis on children three years of age or younger to stop vaccine preventable diseases from occurring in the population of the State of Texas. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to the population of the State of Texas. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin September 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. 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 $241.637 $241.637 BALANCE $241.637 $241.637 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. The Department of State Health Services ("DSHS") allows the Health Department to charge fees to administer vaccines provided by the grant; however, any fees collected during each month of the grant must be deducted from each monthly grant reimbursement request made to DSHS. Annual grant program fees are estimated to be $70,000 that has been included in the FY2016 Health Department Budget. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-000014-01 Amendment #04 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Immunization Branch -Locals (IMM/LOCALS) grant in the amount of $241,637.00, increasing the total amount to $966,548.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger for the amended contract period September 1, 2013, through August 31, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin September 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $966,548.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of September 1, 2013, through August 31, 2017, to provide personnel costs and other expenses to fund an immunization program for children, adolescents, and adults, with special emphasis on children three years of age or younger. Section 2: That the increased grant amount of $241,637.00, is appropriated in the No. 1066 Health Grants Fund to continue the IMM/LOCALS grant in the Health Department. Section 3: The amendment includes revisions to Section 7 Statement of Work; Section 15 Programmatic Reporting Requirements; Section 16 Special Provisions; and Exhibit A, Work Plan, is replaced with Exhibit A-1, Work Plan. Section 4: Further the City Council ratifies acceptance of the grant to begin as of September 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 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 th day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor DEPARTMENT OF STATE HEALTH SERVICES ' h AMENDMENT #: 04 The Department of State Health Services (DSHS) and Corpus Christi•Nueces County Public Health District (Contractor) agree to amend Contract No. 2014-000014-00 (Contract), which was effective on September 1, 2013. This Contract has been amended 3 times prior to this Amendment. The Contract as amendment is denominated Contract No. 2016-000014-01. I. The Parties agree to amend Section 2 of this Contract to Increase the total amount of Contract to NINE HUNDRED SIXTY-SIX THOUSAND FIVE HUNDRED FORTY-EIGHT DOLLARS (1966,548.00). The total payment to Contractor for the period from September 1, 2016 through August 31, 2017, will not exceed TWO HUNDRED FORTY-ONE THOUSAND SIX HUNDRED THIRTY-SEVEN DOLLARS ($241,637.00). Il. The Parties agree to amend Section 4 of this Contract to extend the end of the Contract term to August 31, 2017. III. The Parties agree to amend Section 7 of this Contract to add the following Contractor shall Inform and educate the public about vaccines and vaccine -preventable diseases, as described in the DSHS Immunization Contractors Guide for Local Health Departments (located at htlp:llwww.dshs.state.bc.usCmmunizeldocskontraclorlEl1-139B5_FY2Q17 ContraclorsGuide.pdf). For Contracts of $100,000 or more, Contractors should monitor expenditures to ensure that cumulative budget transfers among direct cost categories, with the exception of the Equipment category, do not exceed 25% of the Contract total budget. Transfers to or from the Equipment category require prior approval from DSHS unless the transfers are done in accordance with the guidelines in the CFPM. Costs that result in cumulative budget transfers among direct cost categories that exceed 25% of the total Contract budget are subject to being disallowed unless prior approval is obtained from DSHS. Contractors are not required to obtain approval from DSHS for cumulative budget transfers that exceed 25% among direct cost categories, other than the equipment category, for Program Attachments of less than 5100,000, provided that the total budget amount is unchanged. Contractor shall send at least one representative to Immunization Branch mandatory meetings held in Austin, including the 1) Immunization Branch local health department held in the fail of every year and the 2) TVFC Annual Training held in January/February of every year. Additional mandatory meetings may be required during the contract term. Contractor shall submit out of stale travel requests to the Immunization Branch for approval when utilizing contract funds or program income. IV. The Parties agree to amend Section 7 of this Contract to revise the following: Contractor shall be responsible for conducting outreach regarding vaccinations for children (19 through 35 months of age In the Contractor's jurisdiction) included an the list distributed to Contractor by the ImmTrac Group at DSHS. Lists are distributed through ImmTrac at the start of each quarterly reporting period. Contractor shall be responsible for conducting outreach to 17-year-olds included on the lists distributed to the Contractor by the ImmTrac Group at DSHS to explain the lifetime registry and obtain their consent la remain In ImmTrac as an adult. Lists are distributed on October 1st; December 1st; February 1st; April 1st; June 1st; and August 1st. Page 1 of 3 DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT #: 04 Contractor shall be responsible for conducting outreach to existing ImmTrac providers that have not logged in into lmmTrac in the last 90 days. Lists are distributed on September 1st, November 1st; January 1st; March 1st; May lst; and July 1st Contractor shall review monthly contract funding expenditures and salary savings from any contract -paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this contract before the end of the contract term, Contractor shall perform activities in support of the Immunization Cooperative Agreement, HCR Immunization and Vaccines for Children Program, from the Centers for Disease Control and Prevention. CFDA # 93.268 V. The Parties agree to amend Section 15 of this Contract to add the following Report Name Frequency Period Begin Panod End Due Date LHD ILA Quarterly Report Quarterly 09/01/2016 11/30/2016 12/31/2016 LHD ILA Quarterly Report Quarterly 12/01/2016 02/28/2017 03/31/2017 LHD ILA Quarterly Report Quarterly 03/01/2017 05/31/2017 06/30/2017 LHD ILA Quarterly Report Quarterly 06/01/2017 08/31/2017 09/30/2017 Financial Status Report Quarterly 09/01/2016 11/30/2016 12/31/2016 Financial Status Report Quarterly 12/01/2016 02128/2017 03/3112017 Financial Status Report Quarterly 03/01/2017 05/31/2017 06/30/2017 Financial Status Report Quarterly 06/01/2017 08/3112017 10/15/2017 VI, The parties agree to amend Section 16 of this Contract to add the following General Provisions, ARTICLE II. Compliance and Reporting, Section 2.06, Applicable Laws and Regulations Regarding Funding Sources, is amended by deleting Section 2.06 in its entirety and replacing It with the following When applicable, federal statutes, regulations and/or federal grant requirements applicable to funding sources and any updates to such will apply to this Contract. Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2, 200 or the Code of Federal Regulations (CFR) and 45 CFR 75) the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex. Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and Incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http://www.dshs.state.tx,uslcontracls/links.shlm. Contractor also shall comply with all applicable federal end stale assurances contained In UGMS, Part 11I State Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. 11 applicable Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Poky Statement, both of which may be located through web links on the DSHS website at httpI/www.dshs.state.bc.uslcontracts/links.shtm. For contracts funded by block grants, Contractor shall comply with Tex. Gov, Code Chapter 2105. VII. Exhibit A, Work Plan of the Contract is replaced for the period beginning on September 1, 2016, with the attached Exhibit A-1, Work Plan. VIII. Except as provided in this Amendment, all other terms and conditions in the Contract will remain and Page 2of3 DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT #: 04 be in full effect. IX. This Amendment is effective on September 1, 2016. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to thls Amendment's terms and conditions. Department Of State Health Services Contractor By: By. Title: Tills Date: Date: App'ovedastof+ ..Jltd 1c1 1.� 11.1 :jou As k : nt Cdy': ns l For ri / Attorney Page 3 of 3 Corpus Christi-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMM/LOCALS-00010 Organization Name: Contract Number. Contract Term: Exhibit Title: Corpus Christi-Nueces County Public Health District (City) 2016-000014.01 Program ID: 911/2016 - 6/3112017 Program Name: 'Exhibit A IMM/LOCALS Immunization Branch -Locals Program Stewardship and Accountability Contractor General Requirement Unit A-1: Implement a comprehensive immunization program. Activities under this requirement shall be conducted in accordance with the Department of State Health Services (DSHS) Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to Standards far Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices found al http://vmw.cdc.gov/vaccines/recsivac-adrnin/rev-immz-stds.htm • Maintain current policies in compliance with the DSHS Immunization Contractors Guide for Local Health Departments and have them available to Contractor's staff, • Lapse no more than 5% of total funded amount of the contract. o Maintain and adjust spending plan throughout the contract term to avoid lapsing funds. o Account for and use Program Income appropriately throughout the contract term. o Maintain staffing levels to meet required activities of the contract and to ensure that all funds in the personnel category are expended. a The funded amount of the contract may be reduced if more than 5 percent of the funded amount of contract Is lapsed in the previous fiscal year. • Submit required Quarterly Local Health Department (LHD) Inter -Local Agreement (ILA) Reports to DSHS Immunization Contracts at dshsimmunizationcontracts@dshsstale.tx.us by Close of Business (COB) Central Standard Time (C.S.T.) on December 31, 2016; on March 31, 2017; June 30, 2017; and September 30, 2017 or the next business day if the date falls on a weekend or state approved holiday. • Submit Corrective Action Plan (CAP) letter to DSHS Contract Management Unit (CMU) within Fifteen (15) business days after On -Site Evaluation if findings are not resolved at time of site visit to the satisfaction of the DSHS Health Service Region (HSR) Immunization Program Manager and DSHS Immunization Branch Contracts staff. Contractor General Requirement Unit A-2: Complete Texas Vaccines for Children (TVFC) site visits, NFC unannounced visits, and follow-up visits assigned by DSHS Immunization Branch or DSHS HSR Immunization Program staff within prescribed timeframes outlined in the TVFC Operations Manual. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct TVFC site visit follow-up and submit results following the process described and within deadlines established in the TVFC Operations Manual. • Conduct TVFC site visits in 100% of subcontracted entitles as listed In the IIA and non-LHD immunization clinics, if applicable. • Conduct TVFC unannounced storage and handling visits at NFC enrolled provider offices within the jurisdiction following the process described and within deadlines established in the TVFC Operations Manual. Contractor General Requirement Unit A-3: Ensure That expired, wasted, and unaccounted-for vaccines do not exceed 5% in Contractor's dinics. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and TVFC Operations Manual. Activities: • Ensure that expired, wasted, and unaccounted-for vaccines do not exceed 5% In Contractor's clinics. • Ensure That all expired, spoiled/wasted vaccines is appropriately identified and entered into the Electronic Vaccine Inventory (EVI) system. • Maintain storage and handling policies and procedures according to the TVFC Operations Manual. (httpJ/www,dshs.state.lx.usfmmunize/tvfrltvfc.manual.shtrn) • Ensure That appropriate routine and emergency vaccine storage and handling plans are in place at each clinic location. • Ship overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when Instructed to do so by the DSHS HSR Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship 09/14/2016 Corpus Christi-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS•2017-IMMILOCAi$-00010 overstocked vaccines and vaccines approaching expiration. Contractor General Requirement A-4: Implement a plan to assure that vaccines provided through the TVFC program are not provided inadvertently to fully privately insured individuals, including children covered by the Slate Children's Health Insurance Program (CHIP). Establish and maintain protocols for screening individuals for eligibility and insurance coverage before administering vacdnes provided through the TVFC program. Contractors may use the TVFC Program Patient Eligibility Screening Record (C-10) and the Adult Safety Net (ASN) Program Adult Eligibility Screening Record (EF11-12842) or electronically store this information. Any child who, upon screening. meets one of the eligibility criteria listed below and is 18 years of age or younger qualifies for state or federal vaccine through the NFC program: a. Eligible for Vaccine For Children (VFC) Vaccine: • Medicaid Enrolled, • No Health Insurance, • American Indian or Alaskan Native, or • Underinsured• served by a Federally Qualified Health Center (FQHC), Rural Health Clinic (RHC), or a deputized provider. b. Eligible for State/Federal Vaccine: • Enrolled in CHIP", or • Other Underinsured—. • Underinsured includes children with health insurance that does not include vaccines or only covers specific vaccine types. Children are only eligible for vaccines that are not covered by Insurance. In addition, to receive VFC vaccine, underinsured children must be vaccinated through a FQHC or RHC or under an approved deputized provider. The deputized provider must have a written agreement with an FQHC/RHC and the stateliocallderritoriai immunization program in order 10 vaccinate underinsured children. •• Children enrolled in separate stale CHIP. These children are considered insured and are eligible for vaccines through the NFC Program as long as the provider bills CHIP for the administration of the vaccine. ••• Other underinsured are children that are underinsured but are not eligible to receive federal vaccine through the VFC Program because the provider or facility is not n FOHCIRHC or a deputized provider. However, these children may be served if vaccines are provided by the state program to cover these non-VFC eligible children. Assessing Program Performance Contractor General Requirement Unit B-1: Conduct educational, promotional, and outreach activities for the general public to enhance immunization awareness, including distribution of DSHS-provided materials. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Contractor will provide vaccine and immunization education to target audiences and to the general public on the benefits of vaccination, the risk of vaccine -preventable diseases, staying on the Advisory Committee on Immunization Practices (ACIP) Recommended Immunization Schedule(s), and the importance of not missing any vaccines. • Inform and educate parents of infants, children. adolescents, adults (men and women), grandparents, seniors, health-care providers, and the general public about vaccines for all age groups and vaccine -preventable diseases. Information should include the importance and benefits of being fully vaccinated, vaccine recommendations, and the location of community vaccination clinics. • Conduct at least one monthly immunization education activity specifically directed to one of the target groups as directed by the DSHS Immunization Branch. • Conduct at least twelve (12) outreach and educational activities during the contract period in accordance with Texas Health and Safety Code Chapter 161, Subsection A, Section 161.0095, to each of the following audiences: health-care providers, health-care clinics, hospitals, and any other health-care facility providing health care to adolescents 14 to 18 years of age and report results on the Quarterly Report. Outreach and education activities must focus on the immunization registry and the option for an Individual who is 18 years of age or older to consent to having their immunization records stored within the immunization registry. Additional outreach and educational activities may focus on high schools, colleges, and universities. • Document the activity with the number and type of participants and evaluate activity by obtaining feedback from participants. • Use national immunization observances as opportunities to conduct specific education and promotional activities to give emphasis to the importance and benefits of vaccines: National Infant Immunization Week (NIIW), National Immunization Awareness Month (NIAM), National Adult Immunization Week (NAIW), and National Influenza Vaccination Week (NIVW). • Develop and implement a written communications and customer service plan to assure customers receive consistent, correct immunization Information and services In a courteous and friendly manner an a timely basis. • Participate in special initiatives as directed by the DSHS Immunization Branch, such as the Dairy Queen Coupon project, the Hallmark Card Governor's Program, and others. • Participate in statewide media campaigns by distributing DSHS-developed and produced public service announcements and 09/14/2016 Corpus Christi•Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMM/LOCALS-00010 materials to local television and radio stations, newspapers, parent publications, university newspapers, high school newspapers, and neighborhood newspapers. • Promote www.ImmunlzeTexas.com, the Immunization Branch's website; The Upshot, an electronic newsletter; end the Vaccine Advisory, a vaccine newsletter, to providers in the Contractor's jurisdiction. • Promote and distribute Immunization literature for the public to TVFC providers and Contractor's clinics. • Provide information to clients, families, health-care providers, and the general public on the purpose of the Texas immunization registry, (1mmTrac); the benefits of immTrac participation; and the importance of maintaining a complete immunization history in tmmTrac. • Inform the general public about the TVFC and ASN Programs and the eligibility criteria for participating in the programs. • Distribute TVFC Information and educational materials at venues where parents of NFC -eligible children might Frequent • Distribute ASN information and educational materials at venues and clinics That serve eligible adults. • Inform and highly recommend to the medical community and local providers within the Contractor's' jurisdiction the most current Centers for Disease Control and Prevention (CDC) Epidemiology and Prevention of Vaccine -Preventable Disease (EPI -VAC) training. The most current pink book, tilled Epidemiology and Prevention of Vaccine -Preventable Disease can be found an the CDC website at (http:Rwwtiv.cdc.govlvaccines/pubslpinkbooklindex.htm1) Establish collaborative efforts with appropriate community entities regarding promoting immunizations and the reduction of vaccine -preventable diseases. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Identify providers, hospitals, schools, child-care facilities, social service agencies, and community groups involved in promoting immunizations and reducing vaccine -preventable diseases. • List and maintain contact information of group members and collaborations and identify the best practices they are promoting. • Maintain written agreements and updates of group members and collaborations. • Document communications, group meetings, and planning of activities that promote the Best Practices identified in contract agreement. Documents are to be accessible during site visits. • Report new group members on the Quarterly Report. Contractor General Requirement Unit B-2: As directed by the DSHS Immunization Branch, complete 100 percent or assigned child-care facility and Head Start center assessments and child-care audits. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. As directed by the DSHS Immunization Branch, complete 100 percent of assigned public and private school assessments, retrospective surveys, and validation surveys. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Population Assessment Manual. Activities: • Complete and report 100 percent of required audits/assessments as assigned by the DSHS Immunization Branch. These will include: o Texas Child -Care Immunization Assessment o Child -Care Audit o Annual Report of Immunization Status (school self -assessments) o School Audit o Texas School Immunization Validation Survey o Texas County Retrospective Immunization School Survey (TCRISS) • Assigned surveys/assessments must be completed utilizing the Instructions in DSHS Immunization Contractors Guide for Local Health Departments and the Population Assessment Manual. • Monitor vaccination and exemptions per respective areas for completed audits/assessments. • Analyze, provide feedback, and monitor vaccination trends for public school districts, private schools, licensed child-care facilities. and registered family homes to increase vaccination coverage using audiilassessmenl data. • Identify trends and areas of need for LHD jurisdictions and coordinate interventions. • Collaborate with schools. licensed child-care centers, and registered child-care homes to identify needed Improvements. Report these results/findings to the DSHS Immunization Branch. Contractor General Requirement Unit B•3: Work with TVFC providers to develop quality Improvement processes to Increase coverage levels and decrease missed opportunities using Assessment, Feedback, Incentives, and eXchange (AFIX) components, as appropriate, end move toward use of Immunization Information System (IIS) as primary source of data for provider coverage level assessment. Activities under this requirement shat) be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the Texas Vaccine for 09/14/2016 Corpus Christi-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-20174MMILOCALS-00010 Children (TVFC) Program Provider Manual. Activities: • Conduct immunization coverage level assessments utilizing the AFIX online tool and (COCASA) in 1001 of subcontracted entitles as listed in the ILA and non-LHD immunization clinics, if applicable. • Conduct follow-up activities for all TVFC compliance site -visits far private providers in their jurisdiction, utilizing the CDC Provider Education, Assessment, and Reporting (PEAR) system and directly enter data into PEAR to document folow-up activities for TVFC compliance site visits for all sub -contracted entities and non -local health department clinics. The contractor shall submit the final assessment results In the PEAR system within twenty-four (24) hours of conducting the visit. • Conduct TVFC unannounced storage and handling visits at NFC provider offices utilizing the CDC PEAR system and directly enter data into PEAR to document TVFC Unannounced storage and handling visit results at provider offices. The contractor shall submit the final unannounced storage and handling visit results in the PEAR system within twenty-four (24) hours of conducting the visit. Contractor General Requirement Unit 8-4: investigate and document at least 901 of reportable confirmed or probable vaccine -preventable disease (VPD) cases within thirty (30) days of initial report to public health in accordance with DSHS Emerging and Acute Infectious Disease Guidelines at: http:www.dshs.slate.tx.usllDCUtinvestigalionflnvestigation-Guidance!. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Adhere to the DSHS Emerging and Acute Infectious Disease Guidelines found ak http:l/www.dshs.stale.tx.usllDCUfnvestigalion/Invesiigalion-Guidance ,NBS Data Entry Guidelines, and current Epi -Case Criteria Guide (both found at: (https:lltxnedss.dshs.stale.tx.us:80Q9IPHINDox/UserResources/) inn conducting this General Requirement and the associated activities. • Complete al data entry Into NEDSS Base System (NBS) following the NBS data Entry Guidelines at (https:lltxnedss.dshs.slate.Ix.us:6009/PHINDox/UserResources/). • Verify and enter complete vaccination history in NBS on all VPD investigations with case status of confirmed or probable. Complete vaccination history should be assessed through ImmTrac, provider offices, school records. or patient records. • Routinely review and follow up on all VPD laboratory reports received, including electronic lab reports (ELRs) sent from DSHS through NBS and Health Alert Network (HAN). • Provide feedback on any unmet performance measures during each Quarterly Report review. • All new VPD surveillance staff will attend Introduction to NBS training and complete the certification process in order to gain access to the NBS system. Contractor General Requirement Unit 135: Educate, inform, and train the medical community and local providers within Contractor's jurisdiction on immunization activities listed below. Activities under this requirement shall be conducted In accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Provide training on TVFC requirements and updates (as described in the TVFC Operations Manual) to NFC providers annually at a minimum. • Document annual training in PEAR for each Provider Identification Number (PIN) in jurisdiction. • Ensure that the TVFC providers have the most up -lo -date, DSHS-produced immunization information in their offices. • Provide training, Information, and technicat assistance to promote the effective use of ImmTrac by private providers (which includes education regarding the benefits of ImmTrac participation), • Educate private providers about the ImmTrac enrollment process and the statutory requirement to report immunizations, • As directed by the DSHS Immunization Branch Identify first responders and their immediate family in the community and inform them of the opportunity to be included in ImmTrac. • Conduct educational training for hospital and health-care providers within the Contractor's jurisdiction, to increase mandatory screening and reporting of hepatitis B surface antigen (HBsAg) -positive women. • Provide training on the prevention of Perinatal Hepatitis B to providers within the Contractor's jurisdiction. • Educate physicians, laboratories, hospitals, schools, child-care staff, and other health providers on VPD reporting requirements. • Educate and update providers on the most current ACIP recommendations for all age groups, as well as on applicable regulatory vaccination requirements. • Provide training relating to Standards for Child and Adolescent Immunization Practices and Standards for Adult Immunization Practices (http:l/www.cdc.govlvacdnes/recshrac•adminlrev-immz-stds,htm) to all immunization providers within Contractor's jurisdiction. • Inform all private providers on the federal requirement that the most current Vaccine information Statements (VIS) must be 09114/2016 Corpus Christi•Nueces County Public Health District (City) Exhibit: Exhibit A IMPS P117 IMMUNIZATION LOCALS RENEWAL DCPS 2017-IMMILOCALS-000111 distributed 10 patients at: (httpJlwww.cdc.govlvacclneslhcplvisfindex.html) • Promote a healthcare workforce that is knowledgeable about vaccines, vaccine recommendations, vaccine safety, VPDs, and the delivery of immunization services. • Educate healthcare workers on the need to be vaccinated themselves. • Provide information to community health-care employers (hospitals. dinics, doctor's offices, long-term care facilities) about the importance of vaccination of health-care workers. • Educate private providers to send National Immunization Surveys (NIS) to the Contractor for research prior to returning the survey to CDC, if applicable. • Coordinate educational and other activities with local Women Infant and Children (WIC) programs to assure that children pailldpating In WIC are screened and referred to their 'medical home for vaccination using a documented Immunization history in accordance with the Standards for Child and Adolescent Immunization Practices at: httpJlwww.cdc.gavlvaccineslrecslvac-adminlrevimmz-stds.htm. • Offer educational opportunities to en WIC programs in the service area, including information about on-line and satellite -broadcast continuing education opportunities from the CDC Continuing Education web site at http:llwww.cdc.govlvaccines/edldefaulLhtm. • Report on education. training, outreach activities or collaborative efforts conducted to the medical community and local providers in the Contractor's jurisdiction and the outcomes on each Quarterly Report. Assuring Access to Vaccines Contractor General Requirement Unit C-1: Engage American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations located within contracted LHD boundaries in immunization activities. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Perform education. training, outreach activities and provide technical assistance for American Indian tribal governments, tribal organizations representing those governments. and tribal epidemiology centers of Alaskan Native Villages and Corporations. • Report on education, training, outreach activities, or collaborative efforts conducted to American Indian tribal governments, tribal organizations representing those governments, and tribal epidemiology centers of Alaskan Native Villages and Corporations and the outcomes on each Quarterly Report. Contractor Genera! Requirement Unit C-2: Provide immunization services and ACIP -recommended vaccines in Contractor's clinics to children, adolescents, and adults lo maximize vaccine coverage levels within Contractor's jurisdiction. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Ensure that all ACIP recommended vaccines are routinely available to TVFC patients. • Ensure that all vaccines listed on the ASN vacdne formulary are available to eligible adult patients. • Ensure that every adult uninsured client Identified as et -risk for any VPD be offered vacdnatlons on-site and an -demand or be provided contact information and be referred to the nearest ASN provider. A list of ASN providers can be found at https:llwww.dshs.state.tx.uslasnl. • Recommend the simultaneous administration of all needed vaccines for the patient. • Follow ohly medically supportable contraindications to vaccination. • Verbally educate patients and parents/guardians about the benefits and risks of vaccination and distribute DSHS educational materials, as applicable. as part of this conversation. • Discuss, and attempt to schedule. the next immunization visit at each client encounter. • Explain the benefits of a "medical home" and assist the parent/guardian in obtaining or Identifying the child's medical tome_ • Use a Reminder/Recall manual system, Texas Wide Immunization Client Encounter System , ImmTrac, or other system), • Establish `standing orders' for vaccination in Contractor's clinics. consistent with legal requirements for standing orders (including, but not limited to. those found in the Texas Medical Practice Act). • Implement an employee immunization policy according to CDC recommendations in Contractor's dinics. Erroll and sustain a network of TVFC providers 10 administer federally funded vaccines to program -eligible populations according to CDC./ACIP and National Vaccine Advisory Committee (NVAC) standards. Conduct recruitment to increase the number of ImmTrac providers, TVFC providers, and Perinatal Hepatitis B providers. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments. Activities: • Conduct recruitment activities as defined in the TVFC Operations Manual with providers on the DSHS-supplied provider recruitment list. 09114/2016 Corpus Christi-Nusces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMM/LOCALS-00010 • Target adolescent health-care providers for recruitment and emphasize adolescent vaccine requirements and recommendations Contractor General Requirement Unit C-3: Assure compliance with Health and Human Services (HHS) Deputization Guidance. Activities under this requirement shall be conducted in accordance with the DSHS immunization Contractors Guide for Local Health Departments. Activities: • Annually sign Deputization Addendum, and provide immunization services to underinsured children. • Report monthly the number of vaccine doses administered to underinsured clients by age categories 0-6 years and 7-18 years of age as directed by the DSHS Immunization Branch. • Report monthly the number of unduplicated underinsured clients served by age categories 0-6 years and 7-18 years of age as directed by the DSHS Immunization Branch. Contractor General Requirement Unit C-4: Work with partners, as appropriate, to assure coordination of the following activities in order to prevent perinatal hepatitis 8 transmission. a. Identification of HBsAg -positive pregnant women. b. Timely newborn postexposure prophylaxis (PEP) with hepatitis B vaccine and hepatitis B immune globulin (HBIG). c. Timely completion of doses two and three of hepatitis B vaccine. d. Timely completion of post -vaccination serology testing. Ensure all pregnant women are screened for HBsAg and that all HBsAg•pasltive pregnant women are reported 10 the DSHS Immunization Branch. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Develop a surveillance system that includes prenatal care providers, obstetrical and gynecological care providers, family practitioners, and labor and delivery facilities to assure all HBsAg -positive pregnant women are reported to the DSHS Immunization Branch within one week of diagnosis. • Educate prenatal care providers to ensure they are screening pregnant women for HBsAg status during each pregnancy; implement procedures for documenting HBsAg screening results in prenatal care records, and forward original laboratory results to the delivery facility. • Educate delivery hospitals to ensure they verify prenatal HBsAg test results of pregnant women on admission for delivery and test for HBsAg at delivery, regardless of prenatal test results as required by law. • Provide DSHS produced educational materials on how to prevent perinatal hepatitis B transmission for distribution to appropriate clients in agencies that include WIC, religious organizations, refugeelimmigration assistance programs, and other community-based organizations. • Provide trainings, as directed by the DSHS Immunization Branch, to delivery hospitals on reporting HBsAg positive lest results for women who have delivered at their facilities. • Submit all Perinatal Hepatitis 8 educational training conducted each quarter on the Education, Training, lnformation, and Collaborations (EITC) lab of the quarterly report Ensure that all infants born to HBsAg -positive women and women whose HBsAg status is unknown will receive the first dose of the hepatitis B vaccine and HBIG within 12 hours of birth. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Activities: • Ensure all labor and delivery facilities develop standing orders and policies to administer the first dose of the hepatitis 8 vaccine and HBIG to al -risk infants within 12 hours of birth. • Identify labor and delivery facilities that do not have standing orders and/or policies and educate providers to establish standing orders and policies to administer to at -risk intents the first dose of the hepatitis 8 vaccine and HBIG within 12 hours of birth. • Determine the number of newborns that do not receive the first dose of the hepatitis 8 vaccine and/or HBIG and work with those facilities to ensure all at -risk infants receive the hepatitis B vaccine series and i-IBIG within 12 hours of birth. • Report 10 the DSHS immunization Branch all infants born to HBsAg•positive women within fifteen (15) calendar days of the event. Ensure that 100% of the number of identified infants born to HBsAg -positive women will complete the hepatitis B vaccine series and post -vaccination serology testing. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinasal Hepatitis B Prevention Manual, Activities: • Administer or obtain from the provider or ImmTrac the complete hepatitis B vaccine series. inlanls shall complete the hepatitis B vaccine series by 610 8 months of age if the infant receives a single antigen or Pediarixx vaccine. • Perform post -vaccination serologic testing or obtain from the provider the post -vaccination serologic lasting results to determine immunity against hepatitis 8. Post vaccination serologic tasting shall be done by 9 months of age if the infant received a single 09/14/2016 Corpus Christl-Nueces County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017-IMMILOCALS-000t 0 antigen or Pediarixx vaccine. • For all cases documented as a lost to follow-up an the Perinatal Hepatitis B case management torn, report the number and types of attempted activities performed in locating the mother or guardian of the Infant to the DSHS Immunization Branch on the Perinatal Hepatitis B case management form. Contractor General Requirement Unit C-5: All household contacts over 24 months of age and sexual partners of reported HBsAg -positive women shalt be referred for serologic testing to determine susceptibility status In accordance with the DSHS Immunization Contractors Guide for Local Health Departments and Perinatal Hepatitis B Prevention Manual. Household contacts over the age of 24 months and sexual contacts are not eligible for the program. They should be referred to health care providers for screening and vaccination If suscepUble. The number of contacts over age 24 months identified and refened to a health care provider is to be documented on the woman's case management form. Ensure all household contacts below or equal to 24 months of age are case managed as appropriate to ensure the infant completes the hepatitis B vaccine series and receives post -vaccination serologic lesting as needed, A contact case management form should be completed for all contacts under or equal to 24 months of age and case management activities performed. Immunization Information Technology Infrastructure - Assure that the immunization information technology infrastructure supports program goals and objectives. Contractor General Requirement Unit D-1: Promote provider site participation and assure immunization record completeness, timeliness, accuracy, efficiency, and data use to support immunization program goals and objectives. Effectively utilize ImmTrac, the statewide immunization registry, in Contractors' clinics, Work in good faith, and as specified herein, to increase overall enrollment into ImmTrac for all age groups including adults. Work In good faith and as specified herein, to ensure ImmTrac registered private providers use tmmTrac effectively as defined in the DSHS Immunization Contractors Guide for local Health Departments. Activities under the requirements above shall be conducted in accordance with the DSHS immunization Contractors Guide for Local Health Departments Activities: • Recruit new private provider sites for ImmTrac. • Search for the client's immunization history at every client encounter. • Review the client's retard for vaccines due and overdue according to the CDC Recommended Schedules at: hltp:llwww.cdc.govlvaccineslschedulesrndex.html. • Report to trnmTrac all immunizations administered to children (younger than 15 years of age) and consented adults in Contractor's clinics, either directly into ImmTrac or through TWICES. • Follow and explain recommended guidelines for obtaining and submitting ImmTrac consent fomes according to the Instructions found at hltp:llwww.dshs.state.tx.uslimmunizeldocs/consent_gukfelines.pdf. • Offer updated Immunization History Report to the client or client's parent or guardian at every client encounter. • At every client encounter, compare all Immunization histories (ImmTrac, TWICES, validated patient -held records, clinic medical record) and enter into ImmTrac any historical immunizations not in ImmTrac. • Verbally and with DSHS produced literature, inform parents presenting at Contractor's clinics about ImmTrac and the benefits of inclusion in ImmTrac. • Provide orientation to all ImmTrac providers at least once a year and maintain documentation of all technical assistance provided (e.g., telephone logs). * Explain and demonstrate the effective use of lmmTrac according 10 the instructions located in the DSHS Immunization Contractors Guide for Local Health Departments. • Conduct follow-up with registered ImmTrac providers who are inactive or not using ImmTrac effectively. • Train ImmTrac providers' staff on ImmTrac data entry and qualily standards. • Update all demographic information. including address and telephone number, at every client encounter. • Conduct outreach (including, but not fimiled to, the specific outreach described in the DSHS Immunization Contractors Guide for Local Health Departments) to families of children 19 to 35 months of age who are not up-to-date on their immunizations according to ImmTrac; locate additional immunization histories; and enter history data into ImmTrac. • Collaborate with prenatal health-care providers, birth registrars, hospital staff, pediatricians, and other entities to educate parents, expectant parents, and providers about tmmTrac and the benefits of participation. Includes the dissemination of DSHS educational materials as appropriate. • Identify and contact families of children for whom ImmTrac consent has been granted but who do not have complete immunization records in ImmTrac. • Identify all providers who administer vaccine in awardee's jurisdiction, including both pediatric and adult immunization providers. 09/1412016 Corpus Christi-Nuocos County Public Health District (City) Exhibit: Exhibit A DCPS FY17 IMMUNIZATION LOCALS RENEWAL DCPS-2017•IMM/LOCALS-000 to • Collaborate with partners and develop a provider recruitment strategy to include complementary vaccinators, such as pharmacists and school -located vaccination clinics. • Encourage ImmTrac participation among providers. • Use and train providers on the use of the new IIS as the system becomes available. Contractors General Requirement Unit D-2: Assure provider participation in vaccine ordering and inventory management using the Electronic Vaccina Inventory (EVI) system. • Educate providers regarding vaccine ordering policies. • Train providers to use the EVI system for inventory and order entry. • Train providers on the use of the new IIS system as the system Mmes available. Assist all other 'NFC providers in local jurisdiction with maintenance of appropriate vaccine stock levels. Activities under this requirement shall be conducted in accordance with the DSHS Immunization Contractors Guide for Local Health Departments and the current TVFC Operations Manual. Activities: • Evaluate maximum vaccine stock levels twice a year in all TVFC provider clinics under Contractor's jurisdiction and assess providers' inventories when visiting clinics. • Review 100% of monthly biological reports, vaccine orders (when applicable), and temperature recording forms for accuracy and to ensure that the vaccine supply is appropriately maintained and within established maximum stock levels. Review and approval for vaccine orders (when applicable) must be documented in EVI. • Ship overstocked vacdnes and vaccines approaching expiration to altemate providers for immediate use when instructed to do so by the DSHS HSR Immunization Program Manager to avoid vaccine waste. Contractor is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. if vaccine is available locally, submit Vaccine Transfer Authorization Form (EC -67) to DSHS HSR Immunization Program Managers for approval prior to conducting transfers and/or deliveries to support the WPC providers requesting assistance. • Educate and assist all TVFC providers with TVFC Provider Choice, as directed by the DSHS Immunization Branch. • Offer provider updates, training, and information as changes to vaccine management occur. 09/14/2016 CV 1 NW la Intentwanhs t wane - uocumem rage for 'TEXAS Department of State Health Services My Horne My Contracts My Invoices My Archives Document Information CCPS.Z(l1 1E1i3!1:.QCAtsocialU Parent Information Q p.it,l,t OCA! r Demi You are here: a Renewal Menu D. Forms Menu 0$ CKGLOBAL.ERRORS FISCAL FEDERAL. FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CERTIFICATION The certifications enumerated below represent malarial facts upon which DSHS relies when reporting information to the federal government required under federal law lithe Department later determines that the Contractor knowingly rendered an erroneous certification.DSHS may pursue all available remedies in accordance with Texas and U.S law Signor further agrees that It wit provide immediate written notice to DSHS if at any time S gnor teams that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances If the Signor cannot certify ell pith', statements contained in Ills section, Signor must provide written notice to OSHS detailing which of the below statements it cannot certify and why Organization Name Corpus ChristNueces County Public Health District (City) Address 1702 Home Road City Corpus Christ State Texas 2Jp Code (9 digit) 78416 Payee Name City of Corpus Christi Address PO BOX 9277 City Corpus Christi State TX Zip Code 49 dig t) 78469-9277 Vendor identification No 17460005741 MailCode 027 Payee DUNS No. " 1- 069457766 t Did your organization have a gross income, from all sources, of mem than 8300 000 in your previous tax yeah ' Yes • No Identify contact persons for FFATA Correspondence ° FFATA Contact Person 41 Name' Constance Sanchez Email' constancepxas.com Telephone' (361) 826-3227 FFATA Contact Person 42 Name' Email' Telephone' Alma Cases almacotexas ram (361) 826-3227 As the authorized representative of the Organization I hereby certify that the statements made by me in this cerU6calion ban are true. complete and correct to the best of my knowledge E -Signature Navigation Links Dela Status Page Nims Note Created Ely last Mod;fied Hy H$ne Uenrarda riche lovas srrrrrlhiorlpnnn1s1 cl7GAi rnnIrye 11f17re7 1 p AGENDA MEMORANDUM First Reading for the City Council Meeting of October 11, 2016 Second Reading for the City Council Meeting of October 18, 2016 DATE: October 6, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 CAPTION: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Engineering Construction Contract Corpus Christi International Airport (CCIA) Airport Operations Area Perimeter Fence Replacement Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054- 2016 in the No. 3020 Airport Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus Additive Alternates one through four. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract with the lowest responsible bidder, B. E. Beecroft Co. Inc. of Corpus Christi, Texas for the CCIA Airport Operations Area Perimeter Fence Replacement. BACKGROUND AND FINDINGS: This is a joint Federal Aviation Administration (FAA) / City project with a respective 90/10 percent construction split. The project scope includes removal and replacement of existing perimeter fencing with high security fencing, new high speed security gates and controls, concrete footings, wildlife barrier, and driveways, fiber optics, electrical cables, and other miscellaneous improvements. The existing fence is at the end of its useful life and cost prohibitive to repair to meet required security and safety requirements of the FAA and airport operations. Most of the existing fence (approximately 90%) was installed 32 years ago in 1984. Approximately 5% of the existing fence was installed prior to 1984 and the remaining 5% of the fence has been repaired or is new due to accidents or new construction in the area. Because the original fence was funded by the FAA, the City has requested a FAA disposal recommendation for the surplus fence material. The FAA will make a determination on disposal after review of regulations and should have a determination prior to the October 18, 2016 City Council meeting. The project was developed with a Base Bid plus four Additive Alternatives as follows: Base Bid — Removes and replaces approximately 7 miles of existing perimeter fencing, six new electrically operated gates, replacement of three concrete driveways, new security and controls systems, fiber optic and electrical cables, and other miscellaneous improvements. The main section of the new fence will be 8ft high chain-link with 3 -strand barbed wire. The security system provided access controls, CCTV and other miscellaneous features. Additive Alternative No. 1 thru 4 — The four combined alternative provide for approximately two more miles of fencing with two additional gates and security upgrades and associated improvements. On July 13, 2016, the City received proposals from five (5) bidders. Two bidders were deemed non- responsive. The responsive bidders are as follows: Contractor Base Bid Add Alt 1 Add Alt 2 Add Alt 3 Add Alt 4 Total Al American Fence, Inc. Orange, Texas $6,148,459.00 $392,535.00 $469,175.00 $295,000.00 $305,000.00 $7,610,169.00 B. E. Beecroft Co. Inc. Corpus Christi, Texas $5,871,982.70 $373,366.00 $240,803.60 $100,124.00 $95,504.00 $6,681,780.30 Construction Rent -A - Fence, Inc. Thrall, Texas $6,328,267.00 $365,563.00 $438,700.00 $171,500.00 $193,000.00 $7,497,030.00 ALTERNATIVES: 1. Authorize execution of the construction contract. 2. Do not authorize execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: The City's engineer, Garver, LLC. evaluated five bids and determined that B. E. Beecroft Co. Inc. was the lowest responsive bidder. CONFORMITY TO CITY POLICY: Conforms to statutes regarding construction procurement criteria; §2, Article 10 of the City Charter regarding contracts; FY 2016-2017 Airport Capital Improvement Planning (CIP) Budget. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Aviation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS CIP Budget $1,517,896.33 $1,517,896.33 FAA Grant Award 6,637,856.00 6,637,856.00 Encumbered / Expended Amount This item 6,681,780.30 6,681,780.30 Future Anticipated Expenditures This Project 1,473,972.03 1,473,972.03 BALANCE $0.00 $0.00 Fund(s): Airport Fund Reserves and FAA Grant, CIP 2016-2017, AV 06 RECOMMENDATION: City staff recommends that a construction contract be executed with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the Base Bid plus Additive Alternates 1-4. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 Page 1 of 2 Ordinance Ordinance appropriating $6,637,856 from the Federal Aviation Administration Grant No. 3-48-0051-054-2016 in the No. 3020 Airport Capital Improvement Fund for the CCIA Airport Operations Area Perimeter Fencing Project; amending the FY 2016-17 Capital Budget adopted by Ordinance No. 030936 by increasing revenues and expenditures $6,637,856; and authorizing the City Manager, or designee, to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the Base Bid plus additive alternates one through four. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $6,637,856 from the Federal Aviation Administration Grant No. 3-48- 0051-054-2016 is appropriated in the No. 3020 Airport Capital Improvement Fund. SECTION 2. That the FY 2015-2016 Capital Budget adopted by Ordinance 029565 is changed to increase revenues and expenditures by $6,637,856 SECTION 3. The City Manager or designee is authorized to execute a construction contract with B. E. Beecroft Co. Inc. of Corpus Christi, Texas in the amount of $6,681,780.30 for the CCIA Airport Operations Area Perimeter Fence Replacement for the base bid plus additive alternates one through four. Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Carolyn Vaughn Chad Magill Mark Scott 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 Carolyn Vaughn Chad Magill Mark Scott Colleen McIntyre PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor PROJECT BUDGET CCIA Airport Perimeter Fencing Project No. E15221 FUNDS AVAILABLE: Airport Fund Reserves $ 1,517,896.33 FAA Grant 6,637,856.00 TOTAL $ 8,155,752.33 FUNDS REQUIRED: Construction (B.E. BEECROFT CO INC.) This Item Base Bid plus Add Alts 1 - 4 $ 6,681,780.30 Contingencies (10%) 668,178.03 Construction Materials Inspection and Testing: Construction Inspection (Estimate) 355,000.00 Construction Materials Testing (Rock Engineering) 17,178.00 Design: A/E Consultant (Garver, LLC.) 333,616.00 Preliminary Engineering Design 34,900.00 Engineering Design 298,716.00 Reimbursements• Total Reimbursements 100,000.00 Administration/Finance (Capital Programs/Capital Budget/Finance) 22,000.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 76,000.00 Misc. (Printing, Advertising, etc.) 2,000.00 TOTAL $ 8,155,752.33 ESTIMATED PROJECT BALANCE $ PROJECT LOCATION 36 Corpus Christi • International Airport El zs Tierra Grande I=1 61 ss 1 7b 49A 43 51 I CI 43 VICINITY MAW NOT TO SCALE 07 4,3 Prat Number: E15221 CCIA Airport Operations Area Perimeter Fencing CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT CF ENGINEERING SERVICES CC!A CORPUS CHRISTI INTERNATIONAL AIRPORT Corpus Chr sti Engineering Corpus Christi International Airport Airport Operations Area Perimeter Fencing Council Presentation October 11, 2016 Location Map Corpus Cher sti Engineering a PROJECT LOCATION olet Or . /fie St Corpu Christi ® International Airport • 155A Iz r1 ® h CD Corpus Chri a."I 1,631 I Y6A I CD 357 2 Project Scope �hrsti Engineering Corpus Christi International Airport _ Approximately 9 Miles of Fencing Replacement Joint City / FAA Project for the Removal and Replacement of Approximately 9 -miles of CCIA Perimeter Fence. Activities include: • 9 miles 8FT high chain- link fence with 3 -strand barbed wire • 6 new electrically operated gates • 3 new concrete driveways • Security upgrades (access controls & CCTV) • Other miscellaneous associated improvements 3 Project Schedule Corpus chr "O Corpus 2016 2017 Jan Feb Mar Apr May Design Jun Jul Aug Sep Bid / Award Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Construction Project Estimate: 325 Calendar Days 11 Months Existing Fence ‘41)ionrainseCehrrinsgti 1 New Wildlife Proof Fence and High -Speed Security Gates Corpus CZ-rsTi Engineering is ;171 no— 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: 2016-102023 Date Filed: 08/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. B. E. Beecroft Co., Inc. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the Corm 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. E15221 Airport Operations Area Perimeter Fence Replacement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Beecroft, Sam 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. sot cs , ENEDINA GARCIA j 1... %;�= Notary Public. State of texas : t - =.i ,�;: My Commission Expo, 9s < < . Kl I �jz F- C2-%f %%HZ, s September 18, 20 -.�.-- • Signature of authorized agent of contracting usiness entity / AFFIX NOTARY STAMP 1 SEAL ABOVE Savor to and subscribed before me, by the said )w,TSN ' ��rOthis the ' el day ofClikt - , 20 � , to certify which, witness my hand and seal of office. N r , tIned,kn&EE3X U(L 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 V1.0.277 �1 U.S. Department of Transportation Federal Aviation Administration September 14, 2016 Mr. Fred Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 Dear Mr. Segundo: We are enclosing the original and one copy of the Grant Offer for Airport Improvement Program (AIP) Project No. 3-48-0051-054-2016 at Corpus Christi International Airport, Texas. This letter outlines expectations for success. Please read the conditions and assurances carefully. To properly enter into this agreement, you must do the following: • The governing body must pass a resolution and execute the grant, along with your attorney's certification, by September 20, 2016, in order for the grant to be valid. • No change may be made by you or your representative to the Grant Offer. • We ask that you return the Grant Offer marked "Original" to us by overnight mail and maintain the copy marked "Sponsor" for your records. Subject to the requirements in 49 CFR § 18.21, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Please note Grant Condition No. 4 requires you to complete the project without undue delay. We will be paying close attention to your progress to ensure proper stewardship of these Federal funds. You are expected to submit payment requests for reimbursement of allowable incurred project expenses in accordance with project progress. Should you fail to make draws on a regular basis, your grant may be placed in "inactive" status which will impact future grant offers. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • A signed/dated SF -270 (non -construction projects) or SF -271 or equivalent (construction projects) and SF -425 annually, due 90 days after the end of each federal fiscal year in which this grant is open (due December 31 of each year this grant is open); and • Quarterly Performance Reports due every quarter. Once the project(s) is completed and all costs are determined, we ask that you close the project without delay and submit, as a minimum, the following: • Sponsor Certification for Project Final Acceptance; • Summary of all change orders and summary of all testing; and • Final SF -270 or SF -271 (or equivalent) and SF -425. Mr. Marcelino Sanchez is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerel en Guttery V Manager, Texas District Office Airports 2 �v U.S. Department of Transportation Federal Aviation Administration GRANT AGREEMENT PART I — OFFER Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: The City of Corpus Christi, Texas September 14, 2016 Corpus Christi International Airport, Texas 3-48-0051-054-2016 782001259 (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated August 3, 2016, for a grant of Federal funds for a project at or associated with the Corpus Christi International Airport, Texas, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Corpus Christi International Airport, Texas (herein called the "Project") consisting of the following: Install Perimeter Fencing which is more fully described in the Project Application. NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay 90 percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1IPage 3-48-0051-054-2016 CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $6,637,856.00. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $6,637,856.00 for airport development. 2. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before September 20, 2016, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 2lPage 3-48-0051-054-2016 9. System for Award Management (SAM) Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 3. Data Universal Numbering System: DUNS number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D & B) to uniquely identify business entities. A DUNS number may be obtained from D & B by telephone (currently 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 31 P a g e 3-48-0051 -054-201 6 15. Maximum Obligation Increase For Primary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. may not be increased for a planning project; B. may be increased by not more than 15 percent for development projects; C. may be increased by not more than 15 percent for land project. 16. Audits for Public Sponsors. The Sponsor must provide for a Single Audit in accordance with 2 CFR Part 200. The Sponsor must submit the Single Audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's Internet Data Entry System at http://harvester.census.gov/facweb/. The Sponsor must also provide one copy of the completed 2 CFR Part 200 audit to the Airports District Office. 17. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 18. Ban on Texting When Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. B. The Sponsor must insert the substance of this clause on banning texting when driving in all subgrants, contracts and subcontracts 19. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or 3. Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 4IPage 3-48-0051-054-2016 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity – 1. Is determined to have violated the Prohibitions; or 2. Has an employee who the FAA determines has violated the Prohibitions through conduct that is either— a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 2 0. Exhibit A Included with Grant Application. The Exhibit "A" updated May 18, 2012, submitted with the project application is made a part of this grant agreement. 5IPage 3-48-0051 -054-201 6 The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signat. re) Ben Gut ery (Typed Name) Manager, Texas Airports District Office (Title) 6I Page 3-48-0051-054-201 6 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: 9/16/2016 TO: Margie C. Rose, City Manager FROM: Dan McGinn, AICP CFM, Interim Director, Development Services DanielMc@cctexas.com (361) 826-3595 Approval of agreement and appropriating funds for JCL Properties, Ltd. for the construction of Arterial Grid main water line CAPTION: Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with JCL Properties, ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $44,147.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: JCL Properties, is required to install 226 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed Lewis & Cook Addition, Block 1, Lot 1 commercial site. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), JCL Properties, is requesting a Reimbursement Agreement for the development of Lewis & Cook Addition, Block 1, Lot 1 as shown on the final plat. The subdivision is located along the south side of Agnes Street (State Highway 44), east of North Clarkwood Road and north of Buckholt Road. The development requires the extension of 226 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 16 -inch water arterial grid main along Agnes Street (State Highway 44). However, the CITY is requesting the size of the waterline to be 12 -inches. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the oversizing from a 6 -inch and 8 -inch to a 12 -inch water arterial grid main with participation is $532,540.40 and $488,393.40 without oversizing participation. The difference is $44,147.00. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Fiscal Year: 2016-2017 Project to Date Expenditure s (CIP only) Current Year Future Years TOTALS Line Item Budget $2,447,144.16 Encumbered / Expended Amount $ 933,013.62 This item $44,147.00 BALANCE $1,469,983.54 Fund(s): Water Arterial Transmission and Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with exhibits Aerial Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH JCL PROPERTIES, ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $44,147.00 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with JCL Properties, ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Lewis & Cook Addition, Block 1, Lot 1, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $44,147.00 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and JCL Properties, a Texas General Partnership ("Developer "), P.O. Box 4868, Bryan, Texas 77805. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Lewis & Cook Addition, Block 1, Lot 1 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Lewis & Cook Addition, Block 1, Lot 1, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing fire hydrant on Agnes Street (State Highway 44) located on the south side of Agnes Street (State Highway 44) for a distance of 226 linear feet in order to extend water grid main along Agnes Street (State Highway 44) to Buckholt Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 226 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Parkview Unit 1, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 226 linear feet of 12 -inch PVC waterline pipe. 2. Install 226 linear feet of non-structural backfill installation all water sizes. 3. Tie to existing waterline. 4. Install four (4) 12 -inch (MJ) gate valve and boxes. 5. Install two (2) 12 x 12 (MJ) Tees. 6. Install two (2) 12 -Inch 45 degree bends. 7. Install one (1) 12 -inch 22.5 degree bend. 8. Install one (1) 12 -inch (MJ) plug. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 2of10 supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by October 18, 2017. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before October 18, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 3of10 defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 1. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 4 of 10 11. b. if, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer Craig J. Lewis General Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Retum Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Govemment Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 5 of 10 Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $44,147.00, as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed on Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 6 of 10 RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 7 of 10 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Lewis & Cook Addition, Block 1, Lot 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this a1 5 -r day of S lemlrt- , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 8of10 Developer Craig J. Lewis, Partner JCL Properties P.O. Box 4868 Bryan, Texas 77805 411 By: L, IA Craifir is Gene Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by CraigJ. Lewis, Partner, for JCL Properties, and acknowledged before me on the Z1 S4 day of 1 -kr, 2016. Nota A,PA: PState of Texas KELLEY MARIE BOHNERT Notary Public, Stale of Texas My Commission Expires SEPTEMBER 1, 201 B Arterial Tran and Grid Main Reimb Agmt JCL Properties -Lewis & Cook Addition Block 1, Lot 1 vFinal Standard Form Reimbursement Agreement Template Version 1.010.7.15 Page 9of10 CITY OF CORPUS CHRISTI: ATTEST: Rebecca Huerta Dan McGinn City Secretary Interim Development Services Director THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Interim Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2016. 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M TC40 .Iq 1101 =MOT TR 44141E Eft 416 ft1 M 710 O.E11. WI 17 1 11CA1ASIZO 11 411 414101014144.1.1 84173E 411E 116 010 LAU 4.41.4* OMAN 110 R[ 010 487. 4 RTA 711 415® M AQIA14 L11 USE PTA TR 010 141 42 11611:76444' 710 1113104 441471111 4141 41A11. 1*1D 111 113X11610 WWI PA '7aIIACT itraeAt4l4 VSE 4. 711-418 01104404 440 517047114 414141ST ILL It 810.1111 11141 TIN LOT. - CA Af 1+bt BLOCK 1, LOT 1 CORPUS CHPoSB. 1EXAS VICINITY MAP • 1461 0004047 vR 411,488 1104 711 1041 OF 4 11171 _COw410.T MEM= M PANTY Ma044 17141 1-0414 /00.4817 - -C44 481 1412(481 0471 7/41/74), M P4p7pRY WY 1Z 7.44CIt1 - _11. X11 111/511 *0. - 4111/401. 166 - 711/117. PCP - WWII/ 10 11141 wow= 118 .„4- WIRD 40 1148141 TNI WINO 7017-04-1417 44 180100 11010 811417 114 /011001717 01411.17. 11. TNN MO*WY 11157 8.41 •471* T4CTI num ACCw tou100001T 847 41 K *0047110 47 4100[. 11. TWA 41441111 4114* 511 1074E 15A7M 41 07811111481 21413 IOW 11 LAW. Ci;RIW1CA1E OF 9JRVETOR STAR 44 1WS 51117 ar 141413 L iITICC.L022 *.481.+. Ife0.IMW I4N 14/447 Tar fr..1* � mow maiWay wiry MP thl/ lomplbg pol moo 01. growl41. 4. 17 64.0-44.6 va d Y le 448 unmet M 81.-1{81 Unepfl Cal. -7 b8 Mn -*.Sed 811414, 1.41-1 to ..4 M I.1 W Mem 4(.1u. M 441.144..14( ..-814 .4411 4444 OM br-day 4I 7011 .041.E 1 WSW. 4(1.3 M.. 3113 47044/501 .28IPERI4S RYA.p04 07 CALLO 7.107 47111 4141 A 441101 Cr TRACT 1110 R THREE 131*1 47174 4141 751 (41848.7.1 441 •4041 A 4141701 44 TRACT 1 412 004 114 7007057457 (0.17/171.C.11) GC -MSF ITR C0 571R9EY. ABSTRACT No. 1005 FP TIER SURVEYING COMPANY 710 A 0ySTR ESC 7 Su TT TEXAS 7N4(0•'I� PHONE. (361) 851 - 8044 FAX: 36) 1761 -0340 .vw.f 74811 W rlurvginq..om mum. PLAT LEWIS & COOK ADDITION Of A MOAN Of RACI f �� A�9 q�BLOCK 1 LOT ry1 AS RECOger 14 VV0U41 1335. PACE 157 0.1441.7.1 r 50N0 A PORTON. 20030574]7 o•.P�-I�IA.144.. ▪ D0C *81111150 NTHE 0055f RR CO CORMS C14,05t. NUCCE3I N1Y MOS Ne. IDIS 50232 41 PIt4A .•1. ROM OF WAC{ 54448 CALM 1:81 A011 1(4.41[ 1154 *301 131 (0.11.6r 71. 01&15 RR w SURVEY. ABSTRACT No. 1005 140181 ATL-' 14. KR TIS S 7451'10 W 01.644 41' Id101 l0. 7.0 5 64.453? w 40.35. Oro 94117 q� 414840 .1.15 4. W.1601 or LH▪ CENZI.M7 S -H. No. 6 SOUTH. STE. IOIG -c ITU OFFICE BOX 9257 OF STATION, TEXAS 17842 EMAIL, efvflaiinceiffeerome OFTKE • (979) 764.0704 FAX• (979) 764-0701 AS FIRM REGISTRATION Na F Exhibit 1 suit '.5D 5111141101 041E 1/71/1* 11.8155. 4/1 1/141 47-8 •41, 4414 081140 •T 0 * 11/4 PQM 4.J4 RYE co/swim DOWERS CLIENT N0. PROJECT H0. 157-0513 APPLICATION F.9F WATCRLINE REIMRU S Ig T We, JCL PROPERTIES, a Texas General Partnership, P.O. Box 4868, Bryan, Texas, 77805, owners and developers of proposed Lewis & Cook Addition (Block one, Lot 1), hereby request reimbursement of $44,147.00 for the installation of the water 12" PVC, in conjunction with said lot, as provided for the City Ordinance No. 17092. $41,747.00 is the construction cost, including 5.44% Engineering and Surveying, in excess of the lot/acreage fee, as shown by the cost su • porting documents attached herewith. Ltio/` Craig / '/ wlis, Managing artner JCL POPERTIES THE STATE OF TEXAS § Date COUNTY OF BRAZOS § This instrument was acknowledged before me on CCU Kt _ . 2 4 2016, by Craig J. Lewis (Name), Partner (Title), of JCL PROPERTIES, a Texas General Partnership, a Texas Corporation, on behalf of the said corporation KELLEY MARIE BOHNERT Notary Public, State of Texas My Commission Expires SEPTEMBER 1, 2018 CERTIFICATION Nota ubl c in and for the State of Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Arterial Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer i/2 -y11-1 (Date) Exhibit 2 Page 1 of 2 PPLICATfON FQKWATERLIlig cREprr We, JCL PROPERTIES, a Texas General Partnership, P.O. Box 4868, Bryan, TX 77805, Craig J. Lewis of proposed Lewis & Cook Addition (Block one, Lot 1), hereby apply for $0.00 credit towards the water lot/acreage fee for the installation of the water type of line as provided for by City Ordinance No. 17092. $44,147.00 is the construction cost, including 5.44% Engineering and Surveying, as shown by the cost supporting documents attached herewith. �9'2/°/' 9/I Craig .+' Qevvis, Managing Partner Date JCL PROPERTIES THE STATE OF TEXAS § COUNTY OF BRAZOS § This instrument was acknowledged before meon au r , 2016, by Craig J. Lewis (Name), Partner (Title), of Name of Company, a Texas Corporation, o • ehalf of th - s •� id co KELLEY MARIE BpKKERT Notary Public. State of Texas My Commission Expires SEPTEMBER 1.2018 Nota ubli •I in nd or the State of Texas Exhibit 2 Page 2 of 2 iQ 1.Q, 00 MATCHIJNE STA. 8+85 I.L 1A1 Q0-. MATCHUNE STA. 8+85 M 14-1 ' 1-I2s $fl 1YAM YAi W ht' ON11w,s 1/44M W` 1-VA,pM1p Mr 010,4141 Ir. r, V\:\ AR i_ s,. 17,1716, 00µ10. x '1 ,.� •,.'a, 1A.I Y a �. 11-1 a' yvky. fiflP • HWT 44 ACCESS ROAD 5.N. No. 44 EASTBOUND ACS ROM r- ,if , 44 4 ESTBOUNND -1' 211 wI WATER UNE "WI' - PLAN/PROFILE STA. 8+85 to END rl. 11[ LEWIS & COOK ADDITION LOT 1, BLOCK ONE CORPUS CHRISTI, TEXAS w a .119.01.00.13 °'� i ff E 1 I r -13 CD 0 N 1.6 8 ...tam .OLA m[-'.7 • N •i, 8 147 !Mt..014.I b N • y -r...1.41•••••••••121.-6•V b . • L. F b a WATER UNE `W1A- — PLAN/PROFILE STA. 0+00 to END LEWIS & COOK ADDITION LOT 1, BLOCK ONE CORPUS CHRISTI, TEXAS w.r<....oK.nn !A4 [Mr!. 748.0 4i1 ibqf 1 r ENGINEER'S COST ESTIMATE w/PARTICIPATION LEWIS & COOK ADDITION BLOCK 1, LOT 1 2.55 ACRES OUT OF A PORTION OF TRACT TWO & THREE AS RECORDED IN VOLUME 1838, PAGE 151 (D.R.N.C.T.) AND BEING A PORTION OF TRACT 1 & 2 AS RECORDED IN DOCUMENT No. 2003057437 (O.P.R.N.C.T.) SITUATED IN THE GC&SF RR CO SURVEY, ABSTRACT No. 1005 CORPUS CHRISTI, NUECES COUNTY, TEXAS WATER LINE IMPROVEMENTS GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT COST COST GENERAL CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS $14.242 00 $14,242 00 2 Traffic Control Measures 1 LS $9.740 00 $9,740.00 3 Hydro -Seeding (All Disturbed Areas) 1 LS $7.200.00 $7.200.00 4 Miscellaneous Erosion Control Measures (Le. Filter Fence, Bar -Ditch Protection, etc...) 1 LS $3,200 00 $3,200.00 5 Gravel Patch for Existing Driveway 23 SY $50.00 $1,150.00 6 Road Bore (Wet) w/18" Steel Casing (Sch 40) 75 LF $225.00 $16,875 00 SUB -TOTAL = $52,407.00 WATER LINE IMPROVEMENTS 7 12" PVC Water Line (C900, DR14) 1,057 LF $82.00 $86,674 00 8 12" PVC Water Line (CertaLok: C900, DR14) w/Casing Spacers & End Seals 283 LF $82.00 $23,206 00 9 8" PVC Water Line (C900, DR14) 1631 LF $76.00 $123,956.00 10 8" PVC Water Line (CertaLok: C900, DR14) w/Casing Spacers & End Seals 269 LF $72.00 $19,368.00 11 6" PVC Water Line (C900, DR14) 109 LF $72.00 $7,848 00 12 Non -Structural Backfill Installation (All Water Line Sizes) 2700 LF $5.00 $13,500 00 Exhibit 4 CD1-157-0513-E06 Page 1 of 5 ENGINEER'S COST ESTIMATE w/PARTICIPATION 13 Structural Backfill Installation (All Water Line Sizes) 97 LF $11.00 $1,067.00 14 Tie into Existing Water Line 3 EA $1,085.00 $3,255.00 15 Standard Fire Hydrant Assembly 8 EA $4,865.00 $38,920.00 16 12" (MJ) Gate Valve & Box 12 EA $2,300.00 $27,600.00 17 8" (MJ) Gate Valve & Box 10 EA $1,529.00 $15,290.00 18 6" (MJ) Gate Valve & Box 9 EA $1,030.00 $9,270.00 19 12" x 12" (MJ) Cross 1 EA $2,500.00 $2,500.00 20 12" x 12" (MJ) Tee 5 EA $2,000.00 $10,000.00 21 12" x 8" (MJ) Tee 1 EA $1,500.00 $1,500.00 22 8" x 8" (MJ) Cross 1 EA $1,450.00 $1,450.00 23 12" x 6" (MJ) Tee 3 EA $1,700.00 $5,100.00 24 8" x 8" (MJ) Tee 1 EA $1,250.00 $1,250 00 25 8" x 6" (MJ) Tee 3 EA $1,090.00 $3,270.00 26 12" x 8" (MJ) Reducer 2 EA $1,500.00 $3,000.00 27 8" x 6" (MJ) Reducer 2 EA $770.00 $1,540 00 28 12" (MJ) 45 deg Bend 6 EA $1,450.00 $8,700.00 29 12" (MJ) 22 5 deg Bend 2 EA $1,300.00 $2,600.00 Exhibit 4 CD1-157-0513-E08 Page 2 of 5 ENGINEER'S COST ESTIMATE w/PARTICIPATION 30 12" (MJ) 11.25 deg Bend 2 EA $1,200.00 $2,400.00 31 8" (MJ) 45 deg Bend 6 EA $835.00 $5,010.00 32 8" (MJ) 22.5 deg Bend 2 EA $610.00 $1,220.00 33 8" (MJ) 11.25 deg Bend 2 EA $575.00 $1,150 00 34 6" (MJ) 22.5 deg Bend 1 EA $450.00 $450 00 35 12" (MJ) Plug 3 EA $800.00 $2,400 00 36 8" (MJ) Plug 2 EA $350.00 $700 00 37 2" Service Tap & Meters 1 LS $2,440.00 $2,440 00 ......1r rr � SUB -TOTAL = ESTIMATED CONSTRUCTION COST = CONTINGENCY = SURVEYING = ENGINEERING = NON -CONSTRUCTION COST = $426,634.00 $479,041.00 $51,099.40 $600.00 $1.800.00 $2,400.00 GRAND TOTAL = $532,540.40 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF. FAX:. (979) 764-0704 E-mail: civilia)rmengineer.com Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules. operation and maintenance costs, equipment characteristics and performance, and operating results are based on this office's experience, qualifications and judgment as a design professional. Since RME has no control over weather. cost and availability of labor_ material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays. constriction contractor's methods of determining prices, economic conditions, competitive kidding or market conditions and other factors affecting such estimates or projections. this office does not guarantee that actual rates, costs, performance, schedules, etc., will not vary from estimates and projections prepared by the Engineer of record Exhibit 4 Page 3 of 5 CD1-157-0513-E08 ENGINEER'S COST ESTIMATE wIPARTICIPATION LEWIS & COOK ADDITION BLOCK 1, LOT 1 2.55 ACRES OUT OF A PORTION OF TRACT TWO & THREE AS RECORDED IN VOLUME 1838, PAGE 151 (D.R.N.C.T.) AND BEING A PORTION OF TRACT 1 & 2 AS RECORDED IN DOCUMENT No. 2003057437 (0.P.R.N.C.T.) SITUATED IN THE GC&SF RR CO SURVEY, ABSTRACT No. 1005 CORPUS CHRISTI, NUECES COUNTY, TEXAS L CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS UNIT TOTAL NO. DESCRIPTION QUANTITY UNIT COST COST L CONSTRUCTION ITEMS 1 Mobilization, Construction Staking, All Required Testing & Trench Safety 1 LS $1,500.00 51,500.00 2 Traffic Control Measures 1 LS $750.00 5750.00 3 Hydro -Seeding (All Disturbed Areas) 1 LS 5750.00 5750.00 SUB -TOTAL = $3,000.00 WATER LINE IMPROVEMENTS 4 12" PVC Water Line (C900, DR14) 226 LF $82.00 518,532.00 5 Non -Structural Backfill Installation (All Water Line Sizes) 226 LF 55.00 51,130.00 6 Tie into Existing Water Line 1 EA $1,085.00 $1,085.00 7 12" (MJ) Gate Valve & Box 4 EA 52,300.00 59,200.00 8 12" x 12" (MJ) Tee 2 EA 52,000.00 $4,000.00 9 12" (MJ) 45 deg Bend 2 EA $1,450.00 52,900.00 10 12" (MJ) 22.5 deg Bend 1 EA 51,100.00 $1,100.00 11 12" (MJ) Plug 1 EA 5800.00 $800.00 OF Te til • - SSrpw�+L .\A.- i -.Le 7 .. r r 1 CD1-157-0513-E07 SUB TOTAL = ESTIMATED CONSTRUCTION COST = SURVEYING = ENGINEERING = NON -CONSTRUCTION COST = $41,747.00 $600.00 $1.800.00 $2,400.00 G RAND TOTAL = $44,147.00 RME Consulting Engineers TEXAS FIRM REGISTRATION No. F-4695 POST OFFICE BOX 9253 COLLEGE STATION, TEXAS 77842 OFF/FAX: (979) 764-0704 E-mail: civil@rmengineer.cam 1 of 2 Exhibit 4 Page 4 of 5 ENGINEER'S COST ESTIMATE w/PARTICIPATION Estimates and projections prepared by RME Consulting Engineers relating to construction costs and schedules, operation and maintenance costs, equipment characteristics and performance, and operating results are based on this office's experience, qualifications and judgment as a design professional. Since RME has no control over weather, cost and availability of labor, material and equipment, labor productivity, construction contractor's procedures and methods, unavoidable delays, construction contractor's methods of determining prick, economic conditions, competitive bidding or market conditions and other factors affecting such estimates or projections, this office does not guarantee that actual rates, costs, performance, schedules, etc., will not vary from estimates and projections prepared by the Enginccr of record. CD1-157-0513-E07 2112 Exhibit 4 Page 5 of 5 INSURANCE REOUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on ail applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises -- Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph 11 Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. 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 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 Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # 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, or comparable policy language, as respects to operations, completed operations and activities of, or on behal f of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus .'= Christi teraW DISCLOSURE OF INTERESTS City of Corpus Christi. Texas Department of Development Servi= P 0 Box 9277 Corpus Christi, Teras 78469-927 7 (361)826-3240 Located at 2406 Leopard Street rCctncr of Leopard St and Port A,^r 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: J C L i ra. (=I I'/ STREET: I , 5'4 SW 34 CITY: Ca lir 2 C. - I On ZIP: 7 7?Y5 FIRM is: ❑ Corporation [Partnership ID 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 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". Name Board, Commission, or Committee J4 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 Nle 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: rct # J LfwrfS Title: fa hirer (Print) Signature of Certifying Person: KADEVELOPMENrSVCSlS11AREIIILAND DEVELOi'ME STATEMENT12712.DOC a r � Date: 6 MINISTRATIONMAPPLICA7ION FORMS'FORMS AS PER LEGALl2OI2lDISCLOSURE OF INTERESTS Exhibit 6 Page 1 of 2 DEFINITIONS a. "Board Member. A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. RA DLNEIAPMENTSVCSSHAREDSL\ND DEVELOPMENIWRDINANCE ADMINISTRAT1ONVIPPLICATION FORMSIFORMS AS PER LEGAL12012,DISCLOSURE PF INTERESTS STATEMENT! 2711DOC Exhibit 6 Page 2 of 2 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 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 2016-103065 Date Filed: 08!2312016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JCL Properties Bryan, 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 identity the contract, and provide a description of the services, goods, or other property to be provided under the contract 8501 Agnes Street Lewis & Cook, Block 1, Lot 1.; Application for first water line reimbursement 4 Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Lewis, James Bryan, TX United States X Cook, Scott Bryan, TX United States X Lewis, Craig Bryan, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT 1 swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. JAMIE LYNN PETERS • ` Notary IO #t 126663895 It10 My Commission Expires1116191- 416.r. September 18. 2020 4' igiv re of authorized agent of contracting business entity Le e 4) iS , this the e9-3 day of A-ot-,.1.[.1÷ , AFFIX Swam 20 NOTARY STAMP I SEAL ABOVE to and subscribed before me, by the said I. , to certify which, witness my hand Cra`1 and seal of office. !/ Zam%e 1L-V-P_ri ,` 1 1 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 V1.0.277 Vicinity Map Aerial Overview Aerial AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 11, 2016 Second Reading Ordinance for the City Council Meeting of October 18, 2016 DATE: September 7, 2016 TO: FROM: Margie C. Rose, City Manager Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Type A Grant for Sitel Inc CAPTION: Ordinance approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sitel, Inc ("Sitel") to provide a grant of up to $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Sitel Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. PURPOSE: Sitel will create jobs in Corpus Christi. They will create 500 full-time employees with an annual payroll of $10,904,800. BACKGROUND AND FINDINGS: Sitel plans to lease the First data building in Corpus Christi and operate their call center operations. They will service clients in Texas and in the United States ramping up to 500 personnel within five years. ALTERNATIVES: The company is not eligible for any other incentives. OTHER CONSIDERATIONS: Sitel brings a different industry into our economy and great wages. This grant will be used for the creation of jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 500,000 500,000 Encumbered / Expended Amount This item 500,000 500,000 BALANCE 0 0 Fund: Type A 1140 RECOMMENDATION: Staff recommends approval of the Type A Grant to Sitel Inc in the amount of $500,000 for the creation of jobs. LIST OF SUPPORTING DOCUMENTS: Ordinance - Sitel Agreement - Sitel Business Service Agreement - Sitel Page 1 of 3 Ordinance Approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and Sitel, Inc ("Sitel") to provide a grant of up to $500,000, for the creation of jobs and authorizing the City Manager, or designee, to execute a Business Incentive Project Service Agreement with the Type A Corporation regarding implementation and administration of the Sitel Business Incentive Agreement for the creation of jobs; and appropriating $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund for said business incentive grant from the Type A Corporation to Sitel; and changing the FY 2016-2017 operating budget, adopted by Ordinance No. 030965, by increasing proposed expenditures by $500,000. Whereas, the Type A Corporation has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Sitel for the creation of at least 500 full-time jobs with an annual payroll of at least $10,904,800 over a five year period will best satisfy this goal; Whereas, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for creation of jobs between the Type A Corporation and Sitel; Whereas, there is a need for a business incentive project service agreement between the City and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation of jobs between the Type A Corporation and Sitel; and Whereas, the Board of the Directors of the Type A Corporation (the "Board") approved an agreement with Sitel for an incentive in the amount of $500,000 in its meeting on June 20, 2016. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type A Corporation and Sitel, which provides for the creation of jobs within the City of Corpus Christi, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project service agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with Sitel, which is attached to this resolution as Exhibit B. @BCL@94055139 Page 2 of 3 SECTION 3. That $500,000 from the unreserved fund balance in the No. 1140 Business/Job Development Fund is appropriated for a business incentive grant from the Type A Corporation to Sitel for the creation of jobs. SECTION 4. That Ordinance No. 030965, which adopted the FY 2016-2017 Operating Fund, is changed to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $500,000 for a business incentive grant from the Type A Corporation to Sitel for the creation of jobs. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor APPROVED: day of , 2016. Corpus Christi, Texas 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 Carolyn Vaughn Mark Scott @BCL@94055139 Page 3 of 3 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 Carolyn Vaughn Mark Scott PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@94055139 Nelda Martinez Mayor BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND SITEL OPERATING CORPORAATION FOR CREATION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Sitel Operating Corporation ("Sitel"), a Delaware corporation. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Sitel is the world's largest business outsourcing company. It has 108 locations world-wide; WHEREAS, Sitel proposes to initially invest approximately $1,500,000 over a five year period; WHEREAS, on June 20, 2016, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Sitel, through this Agreement with Sitel that will result in the creation of at least 500 full-time jobs, with an Page 1 of 10 Sitel Agreement 09 15 16dp.docx estimated annual wages of $10,940,800, and City Council approved this expenditure on In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Sitel agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on the effective date. 3. Performance Requirements and Grants. a. Sitel shall, over the term of this Agreement, create 500 full-time jobs, with annual salary of $10,940,800 as described in the schedule below. Year Number of New Jobs Number of Retained Jobs Annual Payroll Capital Investment 1 125 0 2,735,200 500,000 2 325 125 10,940,800 0 3 50 450 10,940,800 0 4 0 500 10,940,000 0 5 0 500 10,940,000 0 b. Grants, not to exceed $100,000 per year and a cumulative total of $500,000 over five years, are calculated as $1,000 per job created/retained basis. c. Should the Company fall below the Performance Standards in any one year, the Company shall receive a reduced percentage of the Cash Incentive in effect that year. Such reduction will be in that percentage equal to the percentage the Company's performance falls below the Performance Standards. However if the Company falls below 70% then there is no payment for that year. d. The Corporation will award a grant to Sitel based on the formula above, payable not later than 90 days after the anniversary of the effective date of each year if Sitel creates/retains the minimum number of jobs in the preceding year described in paragraph a above (collectively, the "annual performance benchmarks"). e. Sitel will display signage that states that they are recipients of Type A funding. This signage will be provided to Sitel by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Job Creation Qualification. Page 2 of 10 Sitel Agreement 09 15 16dp.docx a. In order to count as a created job under this Agreement, a "job" must be as defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. b. Sitel agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. c. Sitel agrees to provide Corporation with a sworn certificate by authorized representatives of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. d. Sitel shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. e. Sitel will exercise reasonable efforts to give preference to former First Data employees who were laid off in 2015 for these new positions. 5. Utilization of Local Contractors and Suppliers. Sitel agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. Sitel agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Sitel to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sitel is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises ("DBE'). Sitel agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Sitel agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. Sitel agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts Page 3 of 10 Sitel Agreement 09 15 16dp.docx of Sitel to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Sitel is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 9. Warranties. Sitel warrants and represents to Corporation the following: a. Sitel is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Sitel has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Sitel has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Sitel has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Sitel is duly authorized to execute this Agreement on behalf of Sitel. f. Sitel does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Sitel is convicted of a violation under §U.S.C. Section 1324a(f), Sitel shall repay the payments received under this Agreement Page 4 of 10 Sitel Agreement 09 15 16dp.docx to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Sitel has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Sitel shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non -Discrimination. Sitel covenants and agrees that Sitel will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Sitel are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Sitel are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Sitel may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 14. Indemnity. Sitel covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Sitel activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Sitel must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Sitel. The following events constitute a default of this Agreement by Sitel: Page 5 of 10 Sitel Agreement 09 15 16dp.docx a. The Corporation or City determines that any representation or warranty on behalf of Sitel contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Sitel or any attachment or other levy against the property of Sitel with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Sitel makes an assignment for the benefit of creditors. d. Sitel files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Sitel become delinquent, and Sitel fails to timely and properly follow the legal procedures for protest or contest. f. Sitel changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Sitel fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Sitel is in default according to the terms of this Agreement, the Corporation or City shall notify Sitel in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Sitel to cure the event of default. 17. Results of Uncured Default by Sitel. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Sitel, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Sitel shall immediately repay all funds paid by Corporation to them under this Agreement. b. Sitel shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Sitel of all sums due, the Corporation and Sitel shall have no further obligations to one another under this Agreement. 18. No Waiver. Page 6 of 10 Sitel Agreement 09 15 16dp.docx a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Sitel's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Sitel is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Sitel specifically agrees that Corporation shall only be liable to Sitel for the actual amount of the money grants to be conveyed to Sitel, and shall not be liable to Sitel for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Sitel to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Page 7 of 10 Sitel Agreement 09 15 16dp.docx Sitel: Sitel Operating Corporation Attn: Kim Facer 3102 West End Avenue Suite 900 Nashville, Tennessee 37203 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 22. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Sitel will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or Page 8 of 10 Sitel Agreement 09 15 16dp.docx circumstance is, to any extent, held illegal, inva|id, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Aureement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforCmab|e, will not be affected by the Iaw or judgment, for it is the definite intent of the parties to this Agreement that every meoUon, parm0rmph, subdivision, clause, 9rovioion, phroee, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held i||ega|, invo|id, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the |avv, and in lieu of any i||mQm|, inVo|id, or unenforceable clause or provioion, a clause or proviaion, as similar in terms to the i||e8a|, inVa|id, or unenforceable clause or provision as may be possible and be |ega|, valid, and enforcaab|e, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Sitel. Any prior Agreements, promises, neQobaUone, or repreaentationa, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) Page 9 of 10 Sim|Agreement m91e16dp.docx Corpus Christi Business & Job Development Corporation By: R. Bryan Gulley President Date: Attest: By: Rebecca Huerta City Secretary Date: Approved as to Legal Form By: Aimee Alcorn -Reed Assistant City Attorney Attorney for Corporation Date: Sitel Operating Corporaion By: Date: Kim VP Global Real 3. Facer Estate & Development site, THE STATE OF TENNESSEE COUNTY OF p -N This instrument was acknowledged before me on Qco. , 2016, by , for Sitel Operating Corporation, a Delaware .14 er• crar oration, on behalf of the corporation. State of Tewawni ..•-••„ • • • SO OP 10. Sitel Agreement 09 15 16dp.docx Page 10 of 10 BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ("Project Service Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Type A Corporation") and the City of Corpus Christi, Texas ("City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Type A Corporation's Board of Directors ("Board"); WHEREAS, the Type A Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Type A Corporation; WHEREAS, Sitel Inc ("Sitel") has submitted a proposal to the Type A Corporation for a $500,000 grant for the creation of 500 new jobs in their call center facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund Sitel`s creation of 500 new jobs; and WHEREAS, the Type A Corporation and Sitel have executed a business incentives agreement for the creation of jobs related to Sitel's call center facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Type A Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Type A Corporation is executed to implement the Business Incentive Agreement for the Creation of Jobs between the Type A Corporation and Sitel related to Sitel call center facility in Corpus Christi ("Business Incentive Agreement"). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. Page 1 of 3 @BCL@5405CD97 3. Services to be Provided by City. a. The City Manager or designee shall administer funding on behalf of the Type A Corporation. b. The City Manager or designee shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Type A Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City Council. 5. Effective Date. The effective date of this Project Service Agreement is the same date as the Business Incentive agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The remainder of this page intentionally left blank. Page 2 of 3 @BCL@5405CD97 The City of Corpus Christi Corpus Christi Business & Job Development Corporation Margie C. Rose Dr. R. Bryan Gulley City Manager President Date: Date: Attest Rebecca Huerta City Secretary Approved as to Legal Form Aimee Alcorn -Reed Assistant City Attorney @BCL@5405CD97 Page 3 of 3 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting October 18, 2016 Second Reading for the City Council Meeting October 25, 2016 DATE: September 27, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, AICP CFM, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Amendment to the Urban Transportation Plan Map — Proposed Removal of Mustang Trail between McArdle Road and South Padre Island Drive CAPTION: Ordinance amending the Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by eliminating the proposed extension of Mustang Trail Drive between McArdle Drive and SPID (SH 358); amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to remove a proposed 01 Residential Collector Street (Mustang Trail extended) between McArdle Road and South Padre Island Drive (SPID) from the Urban Transportation Plan map because it is proposed through Mount Vernon Park which is under contract for sale for future development. BACKGROUND AND FINDINGS: This proposed portion of Mustang Trail, a 01 Residential Collector, is generally located on the City's Urban Transportation Plan map for the purpose of providing a relief route to traffic congestion at South Staples Street and McArdle Road and traffic congestion at Everhart Road and McArdle Road. Blanche Moore Drive in Moore Plaza functions in a similar way by providing a connecting link to Williams Drive between arterial street intersections of South Staples Street and Everhart Road. Since nearly half the property along the route of this 01 Residential Collector is in Mount Vernon Park, considerable cost for the road extension would likely be borne by the City. But, if the city park is sold to a private developer then the developer would pay for and construct the street. Staff recommends removal of Mustang Trail from the UTP map for the following reasons: • This proposed segment of Mustang Trail is not needed as neighborhood streets and the mall parking lot circulation pattern provides multiple alternatives for access between McArdle Road and SPID. • Constructing the extension of Mustang Trail through existing developed properties is unlikely and costly. • Taking this street segment off the Urban Transportation Plan will generate income to the City through the sale of the park. • Deletion of this proposed segment of Mustang Trail will reduce future street construction costs. ALTERNATIVES: Denial of the proposed Urban Transportation Plan Amendment. OTHER CONSIDERATIONS: On the south side of SPID, Blanche Moore Drive is a more important connection than Mustang Trail since there are no alternative streets which parallel and provide relief to the congested arterial street system. For Mustang Trail, on the north side of SPID, Holmes Street, Wexford Drive, Princeton Drive, and several other neighborhood streets provide relief to traffic congestion alleviating the need for Mustang Trail. CONFORMITY TO CITY POLICY: A plan amendment requires at least one Planning Commission public hearing, a Planning Commission recommendation to City Council, and a City Council public hearing and approval. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Development Services, Transportation Advisory Commission, Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ® 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 Comments: None RECOMMENDATION: Approval of the proposed UTP map amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas, by eliminating the proposed extension of Mustang Trail Drive between McArdle Drive and SPID (SH 358); amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Committee and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, August 24, 2016, regarding amendments to the Corpus Christi Urban Transportation Plan, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, October 18, 2016, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Urban Transportation Plan map, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by eliminating the proposed extension of Mustang Trail Drive, which is designated as a proposed 01 Minor Residential Collector with 60 feet of right-of-way and two through travel lanes, between McArdle Drive and SPID (SH 358), as shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Nelda Martinez 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_Transp Plan Amdmt_Mustang Trail Page 2 of 2 Exhibit A: UTP Amendment Between McArdle Rd Urban Transportation Plan Map Amendment Deletion of Proposed Mustang Trail Between McArdle Road and South Padre Island Drive City Council October 18, 2016 Vicinity Map N A Proposed UTP Map Amendment Scope & Recommendation Scope • Delete the extension of Mustang Trail, a C1 Collector, between McArdle Road and South Padre Island Drive (SPID). • Proposed Extension is through Mt. Vernon Park (Up For Sale) & Lots Containing IHOP, Olive Garden and Takeniwa Restaurants • Supported by Development Services & Traffic Engineering • Improves redevelopment options for Mt. Vernon Park • Existing cross streets of Holmes, Wexford and other neighborhood streets provide connectivity to SPID. Recommendation of Staff, Transportation Advisory Commission and Planning Commission Approval Questions? AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 11, 2016 Second Reading for the City Council Meeting of October 18, 2016 DATE: September 19, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property at 600 Elizabeth Street CAPTION: Case No. 0816-02 Christus Spohn Health System Corporation: A change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CI" Intensive Commercial District. The property is described as being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. PURPOSE: The purpose of this item is to bring existing building encroachments into compliance with zoning setbacks and to simplify the zoning into a single zoning district on the Christus Spohn Hospital Campus. RECOMMENDATION: Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG- 2/SP" General Commercial District with a Special Permit for a helipad to the "CI" Intensive Commercial District and, in lieu thereof, approval of: Tract 1: "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street. Tract 2: "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street. Vote Results: Yes — 8 No -0 Absent - 1 BACKGROUND AND FINDINGS: The applicant's development plan is to continue to develop the hospital campus as needed. Overtime, as Christus Spohn acquired property and incorporated the property into their campus, a number of zoning districts have come with those acquisitions. By rezoning the property, the applicant will bring existing buildings on Ayers Street, Elizabeth Street and Second Street with nonconforming setbacks into compliance with the Unified Development Code. Secondly, the applicant wishes to simplify the zoning on the property into one zoning district. The "CI" Intensive Commercial District is the least restrictive commercial district in the Unified Development Code and contains a standard setback of zero -feet for front, side and rear yards, and will bring the existing nonconforming building encroachments into compliance. However, the "Cl" District allows billboards, unlimited outside storage, and other uses that may not be ideal in the downtown area. Additionally, the "CI" District does not require a landscaped building setback which would offer less protection along Ocean Drive, a designated scenic corridor. It is staff's opinion that the proposed rezoning allows uses that are not consistent with the Comprehensive Plan. The requested rezoning could negatively impact the surrounding properties and alter the character of the immediate vicinity, especially the character of Ocean Drive. ALTERNATIVES: 1. Approve the "CR-1/SP" and"CG-2/SP Districts as recommended 2. Approve the "CI" District (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan. The Future Land Use Map designates the subject property for Public/Semi-Public, Commercial and Office uses. The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •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 LIST OF SUPPORTING DOCUMENTS: Ordinance/SP Ordinance/CI Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG - 2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG- 2/SP" General Commercial District with a Special Permit allowing a 15 - foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Christus Spohn Health System Corporation ("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, September 7, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG- 2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2; and on Tuesday, October 11, 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 by Christus Spohn Health System Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street, in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street (Zoning Map No. 045043), as shown in Exhibits "A", "B", and "C". Exhibit A, which is a metes and bounds description of the Property, Exhibit B, which is a map to accompany the metes and bounds description, and Exhibit C, which is a site plan of the Property, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tracts 1 and 2 for low density residential 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. Page 2 of 3 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 SP Ordinance Page 3 of 3 Metes & Bounds Description of Tracts 1 & 2 TRACT 1 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue for the Point of Beginning of a 5.81 Acre tract; Thence, South 19° 06' 16" East, with the centerline of said Ocean Drive, 1246.87 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, with the centerline of Ayers Street, 210 Feet; Thence, North 19° 06' 16" West, 1247.11Feet, to the centerline of Morgan Avenue; Thence, North 85° 46' 14" East, with the centerline of Morgan Avenue, 210 Feet, to the Point of Beginning, containing 5.81 Acres (253,118.95 Sq. Ft.) of Land, more or less; TRACT 2 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue; Thence South 85° 46' 14" West, with the centerline of Morgan Avenue, 210 Feet to the Point of Beginning of a 16.65 Acre tract; Thence, at a point on the centerline of said Morgan Avenue; Thence, South 19° 06' 16" East, 1247.11 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, 853.23 Feet, to the centerline of Santa Fe Street; Thence, North 19° 06' 52" West, 623.73 Feet, to the centerline of Elizabeth Street; Thence, North 85° 44' 06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of Third Street; Thence, North 19° 06' 22" West, with the said centerline of Third Street, 292.34 Feet; Thence, North 85° 46' 14" East, departing the said centerline of said Third Street, 174.24 Feet; Thence, North 19° 06' 22" West, 101.09 Feet; Thence, North 85° 46' 14" East, 173.96 Feet; Thence, North 19° 06' 22" West, 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85° 46' 14" East, 158.39 Feet, with the said centerline of Morgan Avenue, to the Point of Beginning, containing 16.65 Acres (725,137.45 Sq. Ft.) of Land, more or less; Exhibit A Exhibit B MORGAN AVE. NEW HELIPAD LOADING EXISTING CCE AND PAVILION BUILDINGS ELIZABETH ST. NEW CENTRAL UTILITY PLANT 41 III III • EXISTING GARAGE 111- II I ■ _-1-1-111 DEMOLISHED BUILDINGS AYERS ST. 1A fir OCHRISTUS Spohn Shoreline Campus Plan Exhibit CHRISTUS Spohn Shoreline Campus Plan P E R K I N S+ W I L L Ordinance amending the Unified Development Code ("UDC"), upon application by Christus Spohn Health System Corporation ("Owner"), by changing the UDC Zoning Map in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG - 2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive 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 Christus Spohn Health System Corporation ("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, September 7, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, and, in lieu thereof, approval of the "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street on Tract 1, and the "CG- 2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street on Tract 2; and on Tuesday, October 11, 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 by Christus Spohn Health System Corporation ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "Cl" Intensive Commercial District, in reference to a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street (Zoning Map No. 045043), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds description, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate Tracts 1 and 2 for low density residential 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. Page 2 of 3 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 CI Ordinance Page 3 of 3 uRBaN ENGINEERING 1 Exhibit A 22.46 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B507 March 22, 2016 Revised: August 5, 2016 Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of Ocean Drive {formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street {formerly known as Starr Avenue), a 75 Foot Wide Public Right - of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said Map Records; the said 22.46 Acre Zoning Tract being more fully described as follows: Beginning, at the intersection of the centerline of the said Ocean Drive and the centerline of the said Morgan Avenue; Thence, with the boundary of this Tract as follows: • South 19°06' 16" East, with the centerline of the said Ocean Drive, 1246.87 Feet, to the centerline of the said Ayers Street; • South 85°4220" West, with the said centerline of Ayers Street, 1063.23 Feet, to the centerline of the said Santa Fe Street; • North 19°06'52" West, with the said centerline of Santa Fe Street, 623.73 Feet, to the centerline of the said Elizabeth Street; • North 85°44'06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of the said Third Street; • North 19°06'22" West, with the said centerline of Third Street, 292.34 Feet; S:1Surveying1427111135071OFFICEIMETES AND BOUNDS IFN_42711 B507.docx Pape 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, North 85°46'14" East, departing the said centerline of the said Third Street, at 30.00 Feet, pass the West corner of the said Lot 4, the South corner of Lot 2, Block IIA, Ocean View Addition, a map of which is recorded in Volume 49, Pages 9-10, of the said Map Records, in all a distance of 174.24 Feet, to an outer ell corner of the said Lot 2, for an inner ell corner of the said Lot 4 and this Tract; Thence, with the common boundary line of the said Lot 2 and the said Lot 4, the boundary of this Tract as follows: • North 19°06'22" West, 101.09 Feet; • North 85°46'14" East, 173.96 Feet; • North 19°06'22" West, at 200.77 Feet, pass the Northeast corner of the said Lot 2, for a Northwest corner of the said Lot 4, in all a distance of 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85°46'14" East, with the said centerline of Morgan Avenue, 368.39 Feet, to the Point of Beginning, containing 22.46 Acres (978,304 Sq Ft) of Land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy, Fieldwork was performed on April 2015, and does not represent a current on the ground Survey. Also reference accompanying sketch of Tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:\Surveying1427111B5071OFFICEIMETES AND BOUNDSIFN 42711B507.docx Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Block 6, Bay View Block 7, Bay View Vol. A, Pg. 24, M.R.N,C.T. Vol. Pg. 24, M.R.N.C.T. O Lot 2, Block IIA Ocean View Addition Vol. 49, Pgs. 9-10, L4 Point of Beginning 4-r.....- tA2 CO _ (D N 0 200 GRAPHIC SCALE 1 "=200' 0 S 85'42'20 W BlockM.R.N.C.T.256 Block 7 I Lot , Del Mar I Del Mar Subdivision Vol. 4, Pgs• 8-10, Vol. 48, Pg. 123, M.R.N.C.T. Exhibit B Sketch to Accompany Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of Ocean Drive (formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street (formerly known as Starr Avenue), a 75 Foot Wide Public Right -of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said Map Records. Block 4 Bay Front Terrace Vol. 3, Pg. 32, M.R.N.C.T. LINE BEARING DISTANCE L1 N 19'06'22" W 292.34' L2 N 85'46'14" E 174.24' L3 N 19'06'22" W 101.09' L4 N 85'46'14" E 173.96' L5 N 19'06'22" W 230.77' URBAN ENGINEERING TBPE FIRM NO. 145, 7BPLS FlRN NO. 10032400 2 725 SWAN7NER DR, CORPUS CHRIS71, TX 78404 PHONE 361.854.3101 WWNlURBANENG.COM DATE: 08/05/2016 SCALE: 1 =200' JOB NO.: 42711.B507 SHEET: 1 OF 1 DRAWN BY: CDS Exhibit B Aerial Overview Aerial Site Plan MORGAN AVE 1 1 . NEW HELIPAID - AID LOADING ELIZABETH ST NEW CENTRAL UTILITY PLANT EXISTING GARAGE ± =0 11111 I II AYERS ST 3 Staff Recommendation Denial of the change of zoning to the "CI" Intensive Commercial District and, in lieu thereof, approval of: Staff Recommendation - vim ract 2 C'G-2/SP SUBJECTT PROPER�TYj. Staff Recommendation Tract 1: "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street. Staff Recommendation Tract 2: "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot minimum setback on Santa Fe Street, a 10 - foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street. PLANNING COMMISSION FINAL REPORT Case No. 0816-02 HTE No. 16-10000031 Planning Commission Hearing Date: September 7, 2016 Applicant & Legal Description Applicant/Owner: Christus Spohn Health System Corporation Legal Description/Location: Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue. Location: Between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. Zoning Request From: "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG-2/SP" General Commercial District with a Special Permit for a helipad To: "Cl" Intensive Commercial District Area: 22.46 acres Purpose of Request: To bring existing building encroachments into compliance with zoning setbacks and to simplify the zoning into a single zoning district on the Christus Spohn Hospital Campus Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3, "ON" Office, "CR -1" Resort Commercial, "CG -2" General Commercial and Special Permit (Helipad) Public/Semi-Public Office Vacant Office Commercial Public/Semi-Public North "ON" Office "CR -1" Resort Commercial Medium Density Residential Office Office Commercial Public/Semi-Public South "RM -1" Multifamily 1 "ON" Office Low Density Residential Office Public/Semi-Public Medium Density Residential Office Public/Semi-Public East "RM -3" Multifamily 3 "CR -1" Resort Commercial Vacant High Density Residential Park High Density Residential Commercial Park West "RM -1" Multifamily 1 "ON" Office "CG -2" General Commercial Office Public/Semi-Public Commercial Planning Commission Final Report Page 2 ADP, Map & Violations Area Development Plan: The subject property is located within the plan area boundaries of the Southeast Area Development Plan. The Future Land Use Map designates the subject property for Public/Semi-Public, Commercial and Office uses. The proposed rezoning to the "CI" Intensive Commercial District is not consistent with the adopted Future Land Use Map. Map No.: 045043 Zoning Violations: None Transportation Transportation and Circulation: The subject property has the following street frontages: approximately 350 feet of street frontage along Morgan Avenue and 1,000 feet of frontage on Ayers Street which are designated as Al Minor Arterial streets with a maximum desirable average daily trips of 15,000 to 24,000; approximately 1,200 feet of street frontage on Ocean Drive which is designated as an A2 Secondary Arterial street with a maximum desirable average daily trips of 20,000 to 32,000; approximately 575 feet of street frontage on Santa Fe Street, 245 feet of street frontage on Third Street and 1,000 feet of frontage on Elizabeth Street and all being designated 01 Collectors with a maximum desirable average daily trips of 1,000 to 3,000. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Morgan "Al" Minor Arterial 95' ROW 64' paved 60' ROW 40' paved 6,837 ADT (2013) Ayers "Al" Minor Arterial 95' ROW 64' paved 60' ROW 40' paved 2,782 ADT (2014) Shoreline/Ocean "A2" Secondary Arterial 100' ROW 54' paved 110' ROW 77' paved 27'947 ADT (2012) Santa Fe "01" Minor Residential Collector 60' ROW 40' paved 85' ROW 65' paved 4,091 ADT (2012) Third "01" Minor Residential Collector 60' ROW paved 60' ROW 40' paved N/A Elizabeth "01" Minor Residential Collector 60' ROW 40' paved 73' ROW 55' paved Staff Summar Requested Zoning: The applicant is requesting a rezoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and a "CG-2/SP" General Commercial District with a Special Permit for a helipad to the "CI" Intensive Commercial District. Planning Commission Final Report Page 3 Development Plan: The applicant's development plan is to continue to develop the hospital campus as needed. Overtime, as Christus Spohn acquired property and incorporated the property into their campus, a number of zoning districts have come with those acquisitions. By rezoning the property, the applicant will bring existing buildings on Ayers Street, Elizabeth Street and Second Street with nonconforming setbacks into compliance with the Unified Development Code. Secondly, the applicant wishes to simplify the zoning on the property into one zoning district. The "Cl" Intensive Commercial District is the least restrictive commercial district in the Unified Development Code and contains a standard setback of zero -feet for front, side and rear yards, and will bring the existing nonconforming building encroachments into compliance. The "Cl" District allows billboards, unlimited outside storage, and other uses that may not be ideal in the downtown area. Existing Land Uses & Zoning: The subject property contains four base zoning districts plus a special permit for a helipad. The "RM -3" Multifamily 3, "ON" Office and the "CR -1" Resort Commercial Districts are located along Ocean Drive. The "CG -2" General Commercial District is located to the west of the zoning districts with frontage on Ocean Drive. All four base zoning districts require a 20 -foot front yard and a 15 -foot corner side yard. A minimum five-foot side yard and 10 -foot rear yard is required in the "RM -3" Multifamily 3 District while the "ON", "CR -1" and "CG -2" Districts allow a zero -foot side and rear yard. All four districts require a 1 -foot building height to 2 -foot horizontal setback where multifamily or non-residential building sides or backs up to a single or two-family use. Uses on the subject property contain the primary hospital use along with accessory surface parking, structural parking, offices, and facility heating and cooling infrastructure. A "SP" Special Permit was issued in 1997, which authorized a helipad, restricted maximum building height to five stories and prohibited overflights of less than 500 -feet above the earth's surface. The "SP" was issued for a small portion of the hospital campus, generally located to the north and west of Ocean Drive and Elizabeth Street. Regarding surrounding properties, the property to the north is zoned "CR -1" Resort Commercial, consisting of a parking lot, and "ON Office, consisting of medium density residential uses. To the south is zoned "RM -1" Multifamily 1 with medium density residential uses, and "ON" Office consisting of public/semi-public uses. East of the subject property is zoned "RM -3" Multifamily District and "CR -1" Resort Commercial District and consisting of vacant land, high density residential and park uses. West of the subject property is zoned the "RM -1" Multifamily 1 District, "ON" Office District and the "CG -2" General Commercial District and containing commercial and public/semi- public uses. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is comprised of multiple platted lots in three different subdivisions. Once rezoned, Christus Spohn has indicated that they intend to replat the property. Currently, the property cannot be replatted as the existing buildings encroach into the zoning setbacks. Planning Commission Final Report Page 4 Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "Cl" Intensive Commercial District is not consistent with the adopted Future Land Use Map's designation of the property as public/semi-public, commercial and office uses. The following are pertinent policies of the Comprehensive Plan and the ADP that warrant consideration. - Infill development should be encouraged on vacant tracts within developed areas (Comprehensive Plan, Residential Policy Statement h). - Health care facilities should be constructed in areas where they are in demand. (Comprehensive Plan, Health Services, Policy Statement a.) - Business areas that feature mixed office use and retail activities should be encouraged (Comprehensive Plan, Commercial Policy Statement a). - Commercial activities which generate large volumes of traffic should have direct access to an arterial without having to traverse low-density areas. (Comprehensive Plan, Land Use Policy Statement f.) - The City should establish development regulations along streets designated as scenic corridors, and at points designated for view vistas and gateways. Shoreline Boulevard / Ocean Drive are designated as Scenic Corridors. (Southeast Area Development Plan, Policy Statement B.11) - In reference to Scenic Corridors: Private and public signage of all types should have stringent design controls consistent with the tourist and recreational theme of the Bayfront. Public signage should be standardized and billboards and portable signs should be eliminated; (Southeast Area Development Plan, Policy Statement B.11, Design Objective b.) Department Comments: • The rezoning of the property and the subsequent development thereof furthers policies pertaining to infill development and redevelopment. • The hospital complex contains a helipad on the roof of their hospital building at the northwest corner of Elizabeth and Ocean Drive. The Unified Development Code conditionally allows a helipad or heliport in a commercial zoning district provided that the helicopters shall not exceed 12,500 in gross weight and the heliport does not include a fueling facility. • A "SP" Special Permit approved in 1985 allowed Christus Spohn Hospital signage to encroach into various abutting street rights-of-way. Review of the site shows that all signage encroaching into the street right-of-way has been moved out of the right-of- way, which automatically removed the "SP" Special Permit for signs on the City's Official Zoning Map. • The "Cl" Intensive Commercial District contains a number of differences compared with the existing zoning districts. Several of these differences include: o The "Cl" District contains no front yard setback requirements and no side or rear yard setback unless abutting a residential use, then a 10 -foot setback is required. o The "Cl" District allows off-site advertising signs (billboards). o The "Cl" District allows outside storage. Planning Commission Final Report Page 5 • Along Ocean Drive, a designated scenic corridor, the City has, in the past, required zoning districts which contain at least a 20 -foot building setback. The "Cl" District does not require a landscaped building setback. Approval of the "Cl" District along Ocean Drive will offer less protection of this scenic corridor. • In addition to the lack of a building setback in the "Cl" District, off-site advertising and outside storage uses are permitted and would conflict with the goal of protecting Ocean Drive as a scenic corridor. • Commercial uses are appropriately located along an arterial roadway. While shown on the City's Existing Land Use map as a public/semi-public use, the hospital has similar traffic generating characteristics as a large commercial center. Therefore, the hospital is appropriately located with excellent access to the arterial street system. • The proposed rezoning could alter the character of the immediate vicinity especially the character of Ocean Drive. • The proposed rezoning could negatively impact the surrounding properties. • In staff's opinion, the "Cl" Intensive Commercial District allows uses that are not consistent with the goals of the Comprehensive Plan. As an alternative, the existing "CR -1" Resort Commercial District along the Ocean Drive frontage should be expanded to rezone the "RM -3" Multifamily 3 and the "ON" Office Districts and the "CG -2" General Commercial District should remain in place. Both the "CR -1" and "CG -2" Districts allow medical facilities, including hospital uses and accessory uses such as a helipad. Off-site advertising and outside storage uses are not permitted in these two districts. In addition, approval of an "SP" Special Permit to reduce the setback requirements on Elizabeth Street, Ayers Street, and Third Street will address the building encroachment issues without losing the 20 -foot setback on Ocean Drive, a scenic corridor. Staff Recommendation: Denial of the change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District, "CG- 2/SP" General Commercial District with a Special Permit for a helipad and, in lieu thereof, approval of: Tract 1: "CR-1/SP" Resort Commercial District with a Special Permit allowing a 10 -foot minimum setback on Elizabeth Street and Ayers Street. (See Tract 1 Exhibit) Tract 2: "CG-2/SP" General Commercial District with a Special Permit allowing a 15 -foot setback on Santa Fe Street, a 10 -foot minimum setback on Elizabeth Street and Ayers Street, and a zero -foot setback on Third Street. (See Tract 2 Exhibit) Planning Commission Final Report Page 6 Public Notification Number of Notices Mailed — 62 within 200 -foot notification area 4 outside notification area As of September 19. 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 6 property owners inside notification area — 0 outside notification area Totaling 3.19% of the land within the 200 -foot notification area in opposition. Attachments: 1. Map of Tract 1 and Tract 2 2. Metes and Bounds Description of Tract 1 and Tract 2 3. Site Plan 4. Applicant Proposed Setbacks 5. Existing Building Encroachments Location Map (Existing Zoning & Notice Area) 6. Application 7. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0816-02 Christus Spohn Health System\Council Documents\Report for CC_0816- 02 Christus Spohn Heath System Revised.doc Metes & Bounds Description of Tracts 1 & 2 TRACT 1 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue for the Point of Beginning of a 5.81 Acre tract; Thence, South 19° 06' 16" East, with the centerline of said Ocean Drive, 1246.87 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, with the centerline of Ayers Street, 210 Feet; Thence, North 19° 06' 16" West, 1247.11Feet, to the centerline of Morgan Avenue; Thence, North 85° 46' 14" East, with the centerline of Morgan Avenue, 210 Feet, to the Point of Beginning, containing 5.81 Acres (253,118.95 Sq. Ft.) of Land, more or less; TRACT 2 Commencing, at the intersection of the centerline of Ocean Drive and the centerline of Morgan Avenue; Thence South 85° 46' 14" West, with the centerline of Morgan Avenue, 210 Feet to the Point of Beginning of a 16.65 Acre tract; Thence, at a point on the centerline of said Morgan Avenue; Thence, South 19° 06' 16" East, 1247.11 Feet, to the centerline of Ayers Street; Thence, South 85° 42' 20" West, 853.23 Feet, to the centerline of Santa Fe Street; Thence, North 19° 06' 52" West, 623.73 Feet, to the centerline of Elizabeth Street; Thence, North 85° 44' 06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of Third Street; Thence, North 19° 06' 22" West, with the said centerline of Third Street, 292.34 Feet; Thence, North 85° 46' 14" East, departing the said centerline of said Third Street, 174.24 Feet; Thence, North 19° 06' 22" West, 101.09 Feet; Thence, North 85° 46' 14" East, 173.96 Feet; Thence, North 19° 06' 22" West, 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85° 46' 14" East, 158.39 Feet, with the said centerline of Morgan Avenue, to the Point of Beginning, containing 16.65 Acres (725,137.45 Sq. Ft.) of Land, more or less; MORGAN AVE. NEW HELIPAD h LOADING EXISTING CCE AND PAVILION BUILDINGS ELIZABETH ST. NEW CENTRAL UTILITY PLANT 41 III III EXISTING GARAGE III 111'1 ■ EMOLISHE UILDINGS AYERS ST. IAdINIPW"PMriMriqi1 i OCHRISTUS Spohn Shoreline Campus Plan CHRISTUS Spohn Shoreline Campus Plan P E R K I N S+ W I L L —661▪ .66-66. 1.31,00. 1151.76. — _ —^omm666.mv . 16 4r. o y\• uilding Setbacks ...q.ngV12711 6507 \proposed setbacbtl, ar,2016 6.. pm Existing Building Encroachmen 1 CASE: 0816-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 pH Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PDD Planned UnitDev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Single-Family4.5 RS -TF Two -Family RS -15 Single -F amily 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne nSubject PropertyOwners wet? 200' buffer in Favor 4 Cw nets w ith200' listed on X Owners attached ownersh0 table o opposition Bat Created: 8/19/2010 Prepared By: ivetteM Beveio1ornent Services SUBJECT PROPERTY LOCATION MAP • City of Corpus Christi 16-10000031 Corpus Located osvu co 4 1 .s, •. y " `,' Development Services Dept.; P.O, Box 9277 Christi, Texas 78469-9277..-7,- (361) 826-3240 at 2406 Leopard Street J REZONING APPLICATION ;ate^` �i' , 4�� ct: - FQ 0816-02 045043 Case No.: Map Na: August 24, 2016 PC Hearing Date: Proj.Mgr: Bob Payne Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER NEARING. lNCOMPLE7E APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering Contact Person : Xavier Gaivan Mailing Address:2725 Swantner Drive Cary, Corpus Christi state: TXziP: 78404 Phone: (361 )854-3101 E-mail:Cell: ( 361 ) 854-3101 2. Property owner(s): Christus Spohn Health System Corporation Contact Person : Derrick Walls Mailing Address: 600 Elizabeth Street City:Corpus Christi state:TX zIP:78404 Phone: ( ) E-mail:Cell, ( 817 ) 691-2062 3. Subject Property Address: 600 Elizabeth Street Area of Request (SFlacres): 22.46 Acres ON,CR-1, CG -2 & RM -3 CI Current Zoning & Use: Proposed Zoning & Use: g 5983-0001-0010, 5983-0002.0045, 5983.0009-0000, 5983-0012-0010, 5983-0010-0010, 983-0010-0012, 5883-00T1-0010, 5983-0013-0040, 5983-9011-0050 5983-0011-0000, 5983.0011.0100, 5983.0011-0120, 5983-0011-0130 a 5983-0011-0131 12 -Digit Nueces County Tax ID: - _ - ,_, Subdivision Name: Block: Lot(s): Lots 1-3, Block f, Lots 1-22, Stock IX, Lots 1-14, Block X & Lots 1-14, Block X4 Ocean View, Lots 1-8, Block A & Lots 1-0, Block 8 Bay Terrace and Legal Description if not platted: portions of adfacent alleys, Morgan Avenue, Elizabeth Street, Ayers Street, Santa Fe Street, Second Street, Third Street and South Shoreline Boulevard 4. Submittal Requirements: Q Early Assistance Meeting: 111 Land Use Statement IF APPLICABLE: Date Held 4-13-15 ; with City Staff Jessica Alford Permit Authorization 0 Disclosure of Interest 0 Copy of Warranty Deed is inconsistent with Future Land Use Plan) ❑ Site Plan for PUD or Special with exhibit if property includes un -platted land (sealed by RPLS) 0 Lien Holder landowner is not signing this form • Peak Hour Trip Form (if request © Metes & Bounds Description Appointment of Agent Form if 1 certify that have provided the City of Corpus Christi with a complete application for review, th. 1 am : uthorized to initiate this rezoning or on behalf of the Property Owner(s), an. the information provide t is a urate. 1 Own r en t S g re ; + cant ignatur (Il a f k s - r c.o.%-ce utvo..n Owner() enl's Printed N me Applicant's • ranted Nettie 'Office ftzpmng No. Use Only: bate Received: 1 3 16 Received By hki ADP: SE. Fee J975 + PUD Fee 0 + Sign Fee 70 (tft 'natal Fee Signs Required © $19lsign 2,0:4675 SIgn Posting Date: ; IC DEVELOPMENTSVCSISHARED\LANL1 DEVELOPMENTVsPPLICAT10N FORMSIREZONING4ZONLNG APPLICATION 2015, DOC arm Revise 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. The owner is requesting a change of zoning from ON, CR -1, CG -2 and RM -3 to CI. The request is being made to clean up the multiple zonings for the Spohn Shoreline Medical Campus. The campus is currently under construction to renovate the facilities. The owner is also re -platting the properties to combine the various tracts they own in order to comply with current UDC requirements. 2. Identify the existing land uses adjoining the area of request: North - Morgan Avenue - CR -1 (Parking) Ayers Street - ON (Medical Offices and Spohn Guest House) and RM -1 (Apartments and Parking) South - East - Ocean Drive - CR1(Vacant) and RM -3 (Condominiums) Third Street - CG -2 (Medical Offices)/Santa Fe - ON (Medical Offices) and CG-2(Medical Offices) West - C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANNIKA\LAND USE STATEMENT FOR ZONING.DOC Exhibit A 22.46 Acre Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B507 March 22, 2016 Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of South Shoreline Boulevard (formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street (formerly known as Starr Avenue), a 75 Foot Wide Public Right -of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said Map Records; the said 22.46 Acre Zoning Tract being more fully described as follows: Beginning, at the intersection of the centerline of the said South Shoreline Boulevard and the centerline of the said Morgan Avenue; Thence, with the boundary of this Tract as follows: • South 19°06' 16" East, with the centerline of the said South Shoreline Boulevard, 1246.87 Feet, to the centerline of the said Ayers Street; • South 85°42'20" West, with the said centerline of Ayers Street, 1063.23 Feet, to the centerline of the said Santa Fe Street; • North 19°06'52" West, with the said centerline of Santa Fe Street, 623.73 Feet, to the centerline of the said Elizabeth Street; • North 85°44'06" East, with the said centerline of Elizabeth Street, 347.03 Feet, to the centerline of the said Third Street; • North 19°06'22" West, with the said centerline of Third Street, 292.34 Feet; S:1Surveying1427111B5071OFFICE\METES AND BOUNDSIFN_42711 B507.docx Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, North 85°46'14" East, departing the said centerline of the said Third Street, at 30.00 Feet, pass the West corner of the said Lot 4, the South corner of Lot 2, Block IIA, Ocean View Addition, a map of which is recorded in Volume 49, Pages 9-10, of the said Map Records, in all a distance of 174.24 Feet, to an outer ell corner of the said Lot 2, for an inner ell corner of the said Lot 4 and this Tract; Thence, with the common boundary line of the said Lot 2 and the said Lot 4, the boundary of this Tract as follows: • North 19°06'22" West, 101.09 Feet; • North 85°46'14" East, 173.96 Feet; • North 19°06'22" West, at 200.77 Feet, pass the Northeast comer of the said Lot 2, for a Northwest corner of the said Lot 4, in all a distance of 230.77 Feet, to the centerline of the said Morgan Avenue; Thence, North 85°46'14" East, with the said centerline of Morgan Avenue, 368.39 Feet, to the Point of Beginning, containing 22.46 Acres (978,304 Sq Ft) of Land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Fieldwork was performed on April 2015, and does not represent a current on the ground Survey. Also reference accompanying sketch of AN ENGINft Id\-) James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1427111B5071OFFICEWIETES AND BOUNDS\FN 427I1B507.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 cn O �• � o y —� . o Block 7, Bay View Vol. A, Pg. 24, M.R. N.C. T. q --Morgan Ave. Block 6, BoY Vol. A, Pg. 24, M.R.N. C.T. Point of Beginning Lot 2, Block IIA Ocean Vie �ADddittion c Vol. 49, P9 L4 L2 0 200 15) GRAPHIC SCALE 1"=200' 0,4 G. ss co tel,. Zoning Tact (P1 0�� 34�.0�' _ Elizabeth Street -� 22.48 Acres 4 c 0 c- o .403 9-% LIN 47 Z a o n� nF 6 � 6 7 N s Block 7 I Lot 25, Shock 6 Del Mar Det Mar 5ub�dit23n Vol. 4, Pgs. 5-10, Vol. 48, P M.R,N.C.T, M.R.N.C.T. Exhibit Sketch to Accompany Fieldnotes, for a 22.46 Acre Zoning Tract, being Lots 1-3 and a portion of a 15 Foot Wide Alley, Block I, all of Block IX, all of Block X, all of Block XI, Ocean View, a map of which is recorded in Volume 1, Page 11, Map Records of Nueces County, Texas; all of Block HA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 129-130, of the said Map Records; all of Block A and all of Block B, Bay Terrace, a map of which is recorded in Volume 3, Page 45, of the said Map Records; portions of South Shoreline Boulevard (formerly known as Bay View Avenue), a 100 Foot Wide Public Right -of -Way, Ayers Street (formerly known as Booty Avenue), a 60 Foot Wide Public Right -of -Way, Santa Fe Street (formerly known as Fourth Street), a 60 Foot Wide Public Right -of -Way, Elizabeth Street (formerly known as Starr Avenue), a 75 Foot Wide Public Right -of -Way, Third Street, a 60 Foot Wide Public Right -of -Way, Second Street, a 60 Foot Wide Public Right -of -Way, and Morgan Avenue, a 60 Foot Wide Public Right -of -Way, all shown on the said Plat of Ocean View, recorded in Volume 1, Page 11 , of the said. Map Records. Block 4 Bay Front Terrace Vol- 3, Pg. 32, R.N.C.T LINE BEARING DISTANCE L1 N 19'06'22' W 292.34' L2 N 8646'14" E 174.24' L3 N 19'06'22" W 101.09' L4 N 8646'14" E 173.96' L5 N 19'06'22" W 230.77' URBAN ENGINEERING IBM Asst NO. 145, TBPLS F213.1 Na 10032400 2725 WANNER O. CORPUS autism. TX 78404 PNCNE; 381.$34.3101 WWW.URBANENa.Cc11 DATE: 03/22/2016 SCALE: 1 =200' JOB NO.: 42711.6507 SHEET: 1 OF 1 DRAWN BY: CDS 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: U [ L ur Mailing Address: 2725 Swantner Drive City: Corpus Christi State: TX Zip: ` -1 $clo Home Phone: ( ) Business Phone: (3(o 1 ) 5-4-3Cell: (.fl '4 is $L{. S 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 I will have to personally participate in the disposition of the application. I understand that all comnnunications 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, 1 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 Iegal entity, then I certify that I have the legal authority to make this bin; appointment on behalf of the entity, and every reference herein to "I", "my", or "ane" is a reference to t *Signature of Agent: Printed/Typed Name of Ag ty. r Title:RS ec7r r 4r4. cc 3:4141 Date: r '3 'Signature of Property Owners Printed/Typed Name of Property Ownev-f I)c( Etict,� Title: Date: .7- 6;44 4 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association, O.W,Brown,APPOINTMENT OF AGENT2-19-09.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: Christi's Spohn Health System Corporation STREET: 600 Elizabeth Street CITY: Corpus Christi, Texas Zip: 78404 FIRM is:0Corporation °Partnership °Sole Owner ()Association 00ther 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 N/A Job Title and City Department (if known) 1 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/A 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 N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: e l Title: --P/tesidect- (Print Name) L. Signature of Certifying Person: ' Date: (- g"--/ K:SDEVELOPMENTSVCSISHAREDILAND DEVELOPME ' ' CATION FORMSSREZONING\DISCLOSURE OF INTERESTS STATEMENT_5.122015.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: Urban Engineering STREET: 2725 Swantner Drive CITY: Corpus Christi, Texas ZIP: 78404 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 N/A 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/A 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 N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A 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. (5 -cc Certifying Person: r QtAks-doti,. (Print Name) Signature of Certifying Person: K:4OEVELOPMENTSVCS\SHARE45LAND DEVELO NTIAPPL Title: (l)� Date: 1 ' -1 6 ATION FORMS4RE$Q;,VINGtOESCLOSURE OF INTERESTS STATEMENT_5.12.2015.000 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, clue tienen la intention de asistir a esta Junta v clue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo. al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diricirse a la commission durante la junta v su ingles es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presente durante la iunta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "Cl" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. August 24, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OW NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O, BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROV DED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: "''me1 % ke Address: ?, C of, 0 /'>'. CitylState: (o/ 4,' (/ t 1 (4 ( ) IN FAVOR (N OPPOSITION Phone: _./--3‘/� - IST Jct irr REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 26 HTE# 16-10000031 Case No. 0816-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen la intencit n de asistir a este junta v aue reauieren servicios esDeciales. se les suplica aue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo. al ntimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante is iunta v su inctles es limitedo. favor de Ilamar al deoartamento de servicios de desarrollo al ntamero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District. "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helloed to the "CI" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks i, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 24. 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OW NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277. CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: J i ti �e r Address: SJJO g a Dr ( ) IN FAVOR (JN OPPOSITION REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 30 HTE# 16-10000031 City/State: C0 ; (/]r/S / T Phone: 1-3(/ c2/f—.3,2 �f Case No. 0816-02 Project Manager; Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incaoacidades, aue tienen la intencion de asistir a esta junta v aue reauieren servicios especiales, se les suDlica aue den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al niimero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriciirse a Ia commission durante la iunta v su inales es limitado, favor de hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser presence durante la junta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "CI" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks 1, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 24, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: fl/re! _/QP Address: J s -o a�4r7 fr: ( ) IN FAVOR REASON: City/State: C %//, (h/'JSG( ?X ( IN OPPOSITION Phone: 1730 `✓al, SEE MAP ON REVERSE SIDE Property Owner ID: 48 HTE# 16-10000031 .74,r Signature Case No 0816-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, aue tienen Ia intention de asistir a este junta v aue recuieren servicios especiales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta v su ineles es limitado, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar Iun interorete ser presente durante la junta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District. "ON" Office District. "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "CI" intensive Commercial District. The property to be rezoned is described as. Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, August 24, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OW NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277. CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 10/70/ Are Address: Sad te-ea n dr City/State: eor lv f' C41 S 6 { ) IN FAVOR (l OPPOSITION Phone: )-36/— REASON: 36/—REASON: SEE MAP ON REVERSE SIDE Property Owner ID. 6 HTE# 16-10000031 Signature Case No. 0816-02 Project Manager: Bob Payne Printed Name: J Y) / © ZilliMA1 w NJ Address: (ti coRe4A) be. /bI ( ) IN FAVOR (AIN OPPOSITION REASON: LTJ Alt rYLa 11%' ucliw MA) (3gli110 7 -rule( an ht rcrrivd S!`an, SEE MAP ON REVERSE SIDE Property Owner ID: 11 HTE# 16-10000031 City/State: r i15 o f 5fs . 7X1`' 1` Phone: 361- 22 br aro- -7a5- SrIt/ Case No. 0816-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested 10 contact the Development Services Department at least 48 hours in advance at (361) 826-3240- Personas con iincaDacidades, clue tienen la intention de asistir a esta junta y aue requieren servicios especiales, se les suplica clue den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al numero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la junta y su ingles es limitado, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar t r ■ r me durante la 'u ta RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "Cl" Intensive Commercial District. The property to be rezoned is described as: Being a 22.46 -acre tract of land encompassing Blocks I, IX, X, and XI, Ocean View Subdivision, Lot 4, Block IIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council- The public hearing will be held on Wednesday, August 24, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street- You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OW NER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address: 7/ f,. 4t1 s- J ( ) IN FAVOR REASON: OPPOSITION tVZfori---fua-‘q,k1'aJ lis SEE MAP ON REVERSE SIDE Property Owner ID. 53 HTE# 16-10000031 City/State: (624S C 44/‹. Phone: Z L !- I rrr6q0/41. 0,/45 76 r* 112 /z w -� d F Mir s-' /Ak Signature Pf171 Case No. 0816-02 Project Manager: Bob Payne Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, cue tienen la intention de asistir a esta junta v que requieren servicios especiales, se les suplica oue den aviso 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollo, al ntamero (3611 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a la commission durante la junta v su ingles es limited°. favor de Ilamar al departamento de servicios de desarrollo al n )mero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete ser oresente durante la iunta. RESCHEDULED City Planning Commission Public Hearing Rezoning Case No. 0816-02 Christus Spohn Health System Corporation has petitioned the City of Corpus Christi to consider a change of zoning from the "RM -3" Multifamily 3 District, "ON" Office District, "CR -1" Resort Commercial District, "CG -2" General Commercial District and "CG-2/SP" General Commercial District with a Special Permit for a Helipad to the "CI" Intensive Commercial District. The property to be rezoned is described as. Being a 22.46 -acre tract of land encompassing Blocks i, IX, X, and XI, Ocean View Subdivision, Lot 4, Block iIA, Ocean View Addition, and Blocks A and B, Bay Front Terrace Addition, and portions of abutting rights-of-way on Ocean Drive, Ayers Street, Santa Fe Street, Second Street, Third Street, Elizabeth Street, and Morgan Avenue, located between Ocean Drive and Santa Fe Street and between Morgan Avenue and Ayers Street. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday. August 24, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTYOWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name:• Q h E ' it) (U n N iV Efa. Address: 5 QJ.i Del ( ) REASO VAR ( )INpISITION :Migeei cL47;;MI.,) vt/1:t itZtA/(4� �OSl'�i7Olt, SEE MAP ON REVERSE SIDE Property Owner ID: HTE# 16-10000031 City/State:('. Phone: -se ( &o Case No. 0816-02 Project Manager. Bob Payne August 18, 2016 Shall Lithotripsy (treatment for kidney stones) be incorporated into the hospital proper or continue as occurred sometimes in the past? Thanks for your mailed notification. I shall attend the August 24, 2016 meeting. IC -0 502 Del Mar Blvd, Corpus Christi, X78404 dorothyspanncc@gmail.com 361.288.6055 Dorothy Bourque Spann 361-288-6055 502 Del Mar Boulevard Corpus Christi, TX 78404 dorothyspanncc@gmail.com AGENDA MEMORANDUM First Reading Item for the City Council Meeting of September 20, 2016 Second Reading Item for the City Council Meeting of October 18, 2016 DATE: TO: September 8, 2016 Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3460 Regional Youth Sport Complex Agreement CAPTION: Ordinance authorizing the City Manager to execute forty -year lease agreement with SQH Sports & Entertainment, Inc. for lease of approximately 68 acres located near intersection of State Highway 286 and FM 43 for construction and operation of a regional youth sports complex, including right of first refusal on adjacent 30 acre tract; and providing for publication. PURPOSE: Approve a lease agreement with SQH Sports and Entertainment, Inc. for the construction and operation of regional youth sports complex. BACKGROUND AND FINDINGS: The Parks & Recreation Department has been working with SQH Sports and Entertainment, Inc. since January 2015 to finalize a lease agreement for the construction and operation of a regional youth sports complex on approximately 68 acres of city property located near the JC Elliot Landfill on Highway 286. This complex will focus on hosting national and regional youth sports tournaments providing support to the local tourism and economic development industries. The proposed agreement features the following points: • Initial term — 40 years with four 5 -year option periods • SQH is fully responsible for the design, construction and operation of complex • Rent - $1 per year; City can utilize the complex for city coordinated events one weekday and one weekend each year. • Acreage — 67.69 acres with an option for additional 30.22 for the development of wetlands, retention pond development • Complex includes — o 6 outdoor rectangular fields o 8 diamond fields o Field house with 6 basketball courts or 12 volleyball courts o 10 sand volleyball courts o Playground o Outdoor concession facility o 5,000 square foot restaurant. The agreement includes performance milestones and timelines for SQH to meet during the course of development of the property. These milestones must be met within the stated timeframe after the effective date of the agreement: • 6 months — adjacent property must be conveyed to SQH and a utilities plan for the entire development must be coordinated • 9 months — funding for construction must be secured • 13 months — final design and construction documents complete • 14 months — begin construction • 27 months — construction of complex substantially complete • 29 months — begin operations of major components of complex. This type of agreement requires 28 days between first and second readings. In addition, the effective date of the agreement is 61 days after the second reading. The Parks and Recreation Department will be responsible for overseeing the contract and working with SQH throughout the term of the lease: ALTERNATIVES: Do not approve the lease and explore alternative uses for the property OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The City Council must approve all leases of city property. Lease requires a 28 -day delay between readings. EMERGENCY / NON -EMERGENCY: Non -emergency 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): N/A Comments: RECOMMENDATION: Approve the lease agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Lease Agreement Page 1 of 1 ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE FORTY -YEAR LEASE AGREEMENT WITH SQH SPORTS & ENTERTAINMENT, INC. FOR LEASE OF APPROXIMATELY 68 ACRES LOCATED NEAR INTERSECTION OF STATE HIGHWAY 286 AND FM 43 FOR CONSTRUCTION AND OPERATION OF A REGIONAL YOUTH SPORTS COMPLEX, INCLUDING RIGHT OF FIRST REFUSAL ON ADJACENT 30 ACRE TRACT; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS THAT SECTION 1. The City Manager or her designee is authorized to execute a Lease Agreement with SQH Sports & Entertainment, Inc. for lease of 40 years with up to 5 additional five-year extensions of approximately 68 acres located near intersection of State Highway 286 and FM 43 for construction and operation of a regional youth sport complex, including option to lease adjacent 30 acres. A copy of the lease is on file with the City Secretary. SECTION 2. Publication shall be made as required by the City Charter. 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter 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 Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter PASSED AND APPROVED, this the day of 2016. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Con ctst,Isnots 11 MILE W 1.10 1a»>Iiliilliiliiiii1i,iiiiiliiiilii (Id1 Lt 1 LL1 k 111111pdH1116}II �It II ,, PRELIMINARY SITE PLAN © Copy Right. All rights reserved. SQH Sports & Entertainment, Inc. and PMG Retail & Entertainment, Inc. 2016 SQH* Regional Youth Sports Complex CORPUS CHRISTI PARKS& RLC?LAT'ION City Council Presentation October 18, 2016 Proposed Site Cb Co Rd 43 SAmtt Winds of Corpus 0,091‘ T. N'a1raT S. Proposed Site for Regional Youth Sports Complex CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES 2 Contract Negotiations • Term: 40 years ■ Four, 5 -year option periods • SQH is responsible for design, construction and operation • Rent: $1 ■ City has exclusive access to facility • one weekday and one weekend day each year • Access: SQH must maintain City access to the rear of the property • Acreage: 67.69 • option to consider additional 30.22 for wetlands Contract Negotiations CORPUS CHRISTI PARKS& • Complex includes: ■ 6 outdoor rectangular fields ■ 8 diamond fields ■ 60,000 square foot field house • 6 basketball courts or • 12 volleyball courts • Concession stand • Meeting and party rooms ■ 10 sand volleyball courts ■ Playground ■ Outdoor concession facility ■ 5,000 square foot restaurant ■ All ADA accessible 5 Contract Negotiations • Performance Milestones by: ■ 6 months — adjacent property must be conveyed to SQH ■ 9 months — funding for construction must be secured ■ 13 months — final design and construction documents complete ■ 14 months — begin construction ■ 27 months — construction of complex substantially complete ■ 29 months — begin operations of major components of complex • Utilities: ■ SQH responsible for connection and payment for usage ■ Waste Water o Master Plan o Self annexation or private facility o Within six months SQH • Principles • Brent Statzer • Bert Quintanilla • Derrick Hegmon • Event and Amusement Management • Supplemental Staff • Sports facility management • League management • Facility construction and start up management • Feasibility Study and Business Plan SQH Operational Plan • Regional and National Youth Sports Tournaments ■ Primary focus of facility ■ Multiple sports in same weekend • Partner with existing leagues to host tournaments • Fill local gaps with weekday leagues ■ Volleyball, Basketball ■ Adult Sports • Supplement experience with quality services ■ Food and beverage ■ Goods and clothing Ground Lease Between CITY OF CORPUS CHRISTI, a home rule city and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation Dated: 13 S612 6 -2016 TABLE OF CONTENTS Page ARTICLE 1: DEMISE OF PREMISES AND INTENDED USE 1 ARTICLE 2: DEFINITIONS 1 2.1. Effective Date 2 ARTICLE 3: TERM, OPTION TERM 3 ARTICLE 4: PERMITTED USE 3 ARTICLE 5 UTILITIES & TAXES 3 5.1 Utilities 3 5.2 Real and Personal Property Taxes 4 ARTICLE 6: INSPECTION PERIOD AND CONTINGENCIES 4 6.1. Preliminary Information 4 6.2. Right of Entry; Restoration of Premises and Indemnification by Tenant 4 6.3. Inspection Period. 4 6.4 General Contingencies .5 6.5 Title and Survey Contingency .5 6.6 Tenant's Election to Proceed 6 6.7 Closing 6 6.8 Acceptance of Premises Disclaimer 7 ARTICLE 7. PERMITTING AND FEES 7 ARTICLE 8: CONSTRUCTION OF IMPROVEMENTS; REPAIRS AND MAINTENANCE; ALTERATIONS AND IMPROVEMENTS 8 8.1. Construction of Improvements 8 8.2. Repairs and Maintenance. 10 8.3. Alterations and Improvements 11 8.4. Ownership of Buildings, Improvements, and Fixtures 11 8.5 Right to Remove Trade Fixtures 11 8.6 Naming and Other Rights 11 ARTICLE 9: LIENS 12 ARTICLE 10: INSURANCE AND INDEMNITY 12 10.1. Tenant's Insurance 12 10.2. Exculpation of Landlord 13 10.3. Tenant's Indemnification of Landlord 13 10.4 Tenant's Property 14 ARTICLE 11: DAMAGE A.ND DESTRUCTION 14 ARTICLE 12: CONDEMNATION 14 12.1. Complete Taking 14 12.2. Partial Taking Rendering Premises "Untenantable." 14 12.3. Partial Taking Not Rendering Premises "Untenantable" 15 12.4. Allocation of Condemnation Award 15 ARTICLE 13: BANKRUPTCY 16 ARTICLE 14: ASSIGNMENT AND SUBLETTING 16 ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 17 15.1. Events of Defaul 17 15.2. Remedies 17 ARTICLE 16: QUIET ENJOYMENT AND OPERATIONS AT PREMISES 17 16.1. Covenant of Quiet Enjoyment 17 16.2. Right to Possession. 18 16.3 Operations at the Premises 18 ARTICLE 17: TRADE FIXTURES 20 ARTICLE 18: LEASEHOLD MORTGAGE 20 ARTICLE 19: HAZARDOUS SUBSTANCE OR WASTE 20 19.1. Definitions. — 20 19.2. Landlord's Representation and Warranty. 21 19.3. Tenant Indemnification. 21 19.4. Survivability 22 ARTICLE 20: REAL ESTATE COMMISSIONS 22 ARTICLE 21: NOTICES AND DEMANDS 22 ARTICLE 22: GENERAL PROVISIONS 23 23.1. Binding on Successors 23 23.2. Severability 23 23.3. Entire Agreement 23 23.4. Captions 23 23.5. No Waiver 23 23.6. Holdover 24 23.7. Time of Essence 24 23.8. Governing Law 24 23.9. Counterparts 24 23.10. No Third Party Rights 24 23.11. Interpretation 24 it 23.12. Short Form Lease 24 23.13. Estoppel Certificates 24 23.14. Due Authorization 24 23.15. Relationship of Parties 25 23.16. Authorization 25 23.17. Incorporation of Exhibits 25 23.18. Anti -Terrorism Warranties 25 23.19 Right of First Refusal regarding Lease for Optional Land....25 23.20 Publication .26 LIST OF EXHIBITS EXHIBIT A Site Plan EXHIBIT B Legal Description of Land EXHIBIT C Notice of Election EXHIBIT D Memorandum of Lease EXHIBIT E Mortgagee Protection Provisions EXHIBIT F Legal Description of Optional Tract EXHIBIT G Insurance 14 STATE OF TEXAS COUNTY OF NUECES GROUND LEASE AGREEMENT This GROUND LEASE AGREEMENT (the "Lease") is made and entered into as of the Effective Date (defined below) by and between CITY OF CORPUS CHRISTI, a home rule city (the "Landlord"), and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation (the "Tenant"), for the purpose of constructing and operating a Regional Youth Sports Complex to build sports related tourism by hosting multi -day and multi -sport regional, state and national tournaments and events in effort to increase city hotel occupancy and sales tax revenues. The parties to this Lease may be referred to individually herein as "Party" or collectively herein as the "Parties." RECITALS A. Landlord is the fee simple owner of that certain 67.69 acre parcel of unimproved land, more or less, located near intersection of State Highway and FM 43 (Weber Road) in Corpus Christi, Nueces County, Texas as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B (the "Land"), attached to and made a part of this Lease. B. The Parties desire for Landlord to lease the Premises (defined herein) to Tenant, and to permit Tenant to construct and operate the Improvements (defined herein) on the Premises in accordance with this Lease. NOW, THEREFORE, in consideration of the premises set forth above, the rent to be paid, the mutual covenants and agreements of the Parties set forth below, and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged by the Parties, the Parties agree as follows: ARTICLE 1: DEMISE OF PREMISES For one dollar and other good and valuable consideration stated herein, the receipt and sufficiency are hereby acknowledged, including but not limited to the performance by Tenant of the terms herein including the construction of improvements described herein, Landlord demises and lets to Tenant, and Tenant leases from Landlord, the Land, including any structures or improvements presently located thereon together with all easements and other rights, privileges and appurtenances thereto (collectively, the "Premises"). ARTICLE 2: DEFINITIONS In addition to terms defined elsewhere in this Lease, the following terms, for the purposes of this Lease, shall have the meanings set forth below: 2.1 "Closing" shall have the meaning ascribed to it in Section 6.7. "Coastal Bend Community Foundation Tracts" shall mean the land adjacent to the Land owned by the Coastal Bend Community Foundation. "Commitment" shall have the meaning ascribed to it in Section 6.5. "Cure Period" shall have the meaning ascribed to it in Section 15.1. "Director" shall mean the Director of Parks and Recreation or designee, The "Effective Date" of this Lease for purposes of measuring performance hereunder shall be the sixty-first day after final approval by the Corpus Christi City Council. "Event of Default" shall have the meaning ascribed to it in Section 15.1. "Land" means that certain 67.69 acre parcel of unimproved land, more or less, located near the intersection of State Highway 286 and FM 43 (Weber Road) in Corpus Christi, Nueces County, Texas as shown on Exhibit A (the "Site Plan"), and as more particularly described on Exhibit B attached hereto and made part hereof. "Laws" shall have the meaning ascribed to it in Section 8.1. "Lease" means this Lease Agreement between the City of Corpus Christi, Texas and SQH Sports & Entertainment, Inc. "New Survey" shall have the meaning ascribed to it in Section 6.5 "Option Term" shall have the meaning ascribed to it in Article 3. "Optional Land" means any portion of that certain 30.22 acre parcel of unimproved land, more or less, located at adjacent to the Land along Oso Creekin Corpus Christi, Nueces County, Texas as more particularly shown or described on Exhibit F attached hereto and made part hereof. "Permitted Exceptions" shall have the meaning ascribed to it in Section 6.5. "Permitted Transfer" shall have the meaning ascribed to it in Article 14. "Preliminary Information" shall have the meaning ascribed to it in Section 6.1. "Premises" shall have the meaning ascribed to it in Article 1. "Renewal Notice" shall have the meaning ascribed to it in Article 3. "Site Plan" is shown on Exhibit A attached hereto and made part hereof. "Survey" shall have the meaning ascribed to it in Section 6.1. "Taking" shall have the meaning ascribed to it in Article 12. C:`.Users\BStatzer.PMGSUCCESS\AppData:Local\Microsot Windows\INetCache\Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 2 "Term" shall have the meaning ascribed to it in Article 3. "Title Company" shall have the meaning ascribed to it in Section 6.4. "Title Defects" shall have the meaning ascribed to it in Section 6.5 "Title Policy" shall have the meaning ascribed to it in Section 6.7. "TLTA" means the Texas Land Title Association. ARTICLE 3: TERM, OPTION TERM This Lease shall be effective as a contract between the Parties as of the Effective Date, with the term hereof ("Term") commencing upon the Effective Date and expiring on the last day of the calendar month in which the fortieth (40t) anniversary of the Effective Date occurs, unless terminated as herein provided. Landlord and Tenant may mutually agree to extend the Term by up to four additional periods of five (5) years (each 5 -year period referred to as an "Option Term"), upon Tenant delivering written notice of its request to renew (the "Renewal Notice") to Landlord no later than six (6) months, before the expiration of the original forty (40) year Term. Upon Landlord's receipt of Tenant's Renewal Notice, Landlord shall notify Tenant within sixty (60) days whether the Lease will be renewed for an additional Option Term. ARTICLE 4: PERMITTED USE . The permitted use for this Lease, between Landlord and Tenant, is to enable Lessee to utilize Premises to construct, operate, repair and maintain a regional youth sports complex to build sports related tourism by hosting multi -day and multi -sport regional, state and national tournaments and events in effort to increase city hotel occupancy and sales tax revenues (the "Intended Use"). Tenant shall not use or allow use of the Premises for any other purpose without Director's prior written approval. ARTICLE 5: UTILITIES & TAXES 5.1. Utilities. During the Term Tenant will make all arrangements for obtaining service contracts and shall pay for all utilities (including without limitation electricity, water, gas, sewer and telephone service) and services furnished to, or to be used on, the Premises and/or in connection with the Improvements, and for all service commencement charges and meter reading fees. Such charges and expenses shall be paid by Tenant promptly and without delinquency directly to the utility companies or other entities to which such charges and fees are payable. Tenant shall comply with the Landlord's water conservation measures which are enacted pursuant to City ordinance. All utilities installed by Tenant must be done in compliance with all applicable City Codes and regulations including but not limited to the requirement at Unified Development Code Sections 8.5.2.F which provides that when property requesting wastewater service is located outside the City limits, the property owner shall agree to annex or sign a contract to annex such property prior to wastewater service being made available. In addition, reimbursement for a lift station installed by Tenant or any other developer shall only be made upon compliance with the Unified Development Code, which requires prior City Council approval of a separate reimbursement agreement prior to start of construction. Finally, per the C: Users\BStatzer.PMGSUCCESS\AppData Local Microsoft Windows [NetCache` Content.Outlook\ZK45R2 W H\0 9-09-16 City Clean.docx 3 Unified Development Code, the Tenant's or any other developer's application for reimbursement may not be considered until an amendment to the applicable Master Plan has been approved by the City Council. Real and Personal Property Taxes. During the Term and any Option Term, Tenant shall pay all real and personal property taxes, if any, levied upon the leasehold created by this Lease, Tenant's personal property on the Land and/or in the Improvements, before the date on which such taxes would be delinquent. ARTICLE 6: INSPECTION PERIOD AND CONTINGENCIES 6.1. Preliminary Information. Within five (5) business days following the Effective Date, Landlord shall provide to Tenant the following information in Landlord's possession related to the Premises that may assist Tenant in its inspection of the Premises (the "Preliminary Information"): Special Warranty Deed recorded in the Official Public Records of Nueces County Texas as document #941343, a survey of the Premises (the "Survey"). 6.2. Right of Entry; Restoration of Premises and Indemnification by Tenant. Tenant and its consultants and agents are granted and shall have full right of entry upon the Land up to and including the termination date of this Lease as reasonably necessary to perform surveys and otherwise conduct due diligence tests and inspections of the Premises. If this Lease terminates prior to Tenant's construction of the Improvements, Tenant will restore the Land so that the Premises are in substantially the same condition as existed prior to any inspections, surveys and tests performed by or for Tenant as permitted herein. Tenant specifically agrees to defend, indemnify and save and hold Landlord harmless from and against any loss, damage, liability, suit, claim, cost or expense (including reasonable attorneys' fees) caused by the acts of Tenant, its consultants, agents or assigns, in the exercise of such right of entry, which indemnity will survive termination of this Lease. The foregoing restoration obligations and indemnity do not apply to any matters or conditions of the Land merely discovered or uncovered in the course of any inspections, surveys or tests. 6.3. Inspection Period. Tenant shall have until 11:59 p.m. central time on the date that is Sixty (60) days after the Effective Date (the "Inspection Period") in which to complete, at Tenant's expense, any and all physical inspections and other investigations of and concerning the Premises as Tenant, in its sole discretion, may deem appropriate. Tenant's inspections and investigations may include, without limitation, determination by Tenant as to the sufficiency of the Premises with respect to zoning, soil and environmental conditions, utilities, title, licenses, permits, easements and parking in connection with the Intended Use; provided, however, that notwithstanding any provision of this Lease to the contrary, Tenant shall not have the right to undertake any environmental testing beyond the scope of a standard "Phase II" environmental site assessment without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall diligently pursue from the applicable governmental authorities all permits needed for the Intended Use. In the event that the results of the inspections, investigations and evaluations are, in Tenant's sole and absolute discretion, unacceptable to Tenant or Tenant decides, in Tenant's sole discretion, that the Premises is unsuitable for any reason or no reason at all, then Tenant shall not provide the Notice of Election (as hereinafter defined), in which event this Lease shall be terminated, and neither C:1Users\BStatzer.PMGSUCCESS\AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\ZK45 R2 WH\O 9-09-16 City Clean.docx 4 party shall have any further liability under this Lease except for such matters which are expressly designated to survive the termination hereof. 6.4. General Contingencies. Each of the following contingencies shall be satisfied as an express condition to this Lease, unless otherwise noted herein: a. Tenant obtaining at Tenant's expense and prior to the expiration of the Inspection Period all necessary permits and governmental and private party approvals determined by Tenant to be necessary or advisable for the operation of the Premises and Improvements as a Regional Youth Sports Complex b. Prior to the expiration of the Inspection Period, Tenant (ii) obtaining environmental reports satisfactory to Tenant, at Tenant's expense, including but not limited to, acceptable environmental assessment(s), acceptable soil tests, and an acceptable topographical survey, reflecting that there are no recognized environmental conditions or other environmental matters for which remediation is recommended, or with respect to which additional testing needs to be performed or is recommended; and (iii) confirming the Land has legal access as shown on the Site Plan and sufficient for the Intended Use. c. Tenant receiving prior to the expiration of the Inspection Period, at Tenant's expense a commitment for a TLTA leasehold title insurance policy from a title company reasonably acceptable to Tenant (the "Title Company"), with all Title Defects (as defined in Section 6.5 below) being satisfied or waived as provided in Section 7.6 below. In the event that any of the contingencies provided for in this Section 6.4 are not timely satisfied, and Tenant does not provide the Notice of Election (defined in Section 6.6 below), then this Lease shall be terminated and neither Party shall have any further liability under this Lease, except for such matters which are designated to survive the termination hereof. 6.5. Title and Survey Contingency. Within thirty (30) days after the Effective Date, Landlord shall furnish Tenant at Tenant's expense with a commitment for a TLTA leasehold title insurance policy from the Title Company, together with complete and legible copies of Landlord's vesting deed and all requirement and exception documents referenced therein (collectively, the "Commitment"). Upon and after the Effective Date, Landlord shall not create or consent to any new document or matter which would affect the title to the Premises without Tenant's express written consent. During the Inspection Period, Tenant may obtain a new ALTA/ACSM Land Title Suney of the Premises from a surveyor reasonably acceptable to Tenant (the "New Survey"). Within forty-five days after Tenant's receipt of both the Commitment , Tenant shall notify Landlord of (i) any liens, encumbrances, exceptions, qualifications or other matters of or affecting title, and (ii) any matters, circumstances, or conditions disclosed by the Survey or New Survey which are not acceptable to Tenant (the "Title Defects"). Landlord shall notify Tenant within ten (10) days following its receipt of the list of Title Defects which, if any, of such Title Defects Landlord will attempt to cure. If Landlord declines to attempt to cure one (1) or more C:'.Users\B Statzer.PMGSUCCESS\AppData\Local`;Microsoft . Windows'INetCache',Content.Outlook\ZK45R2 W F I.0 9-09-16 City Clean.docx 5 Title Defect(s), Tenant may terminate this Lease by notice in writing delivered to Landlord prior to the expiration of the Inspection Period. If Tenant fails to notify Landlord of Title Defects, or fails to terminate the Lease after giving such notice, the Title Defects, to the extent Landlord declined to attempt to cure, shall be deemed "Permitted Exceptions." In the event Landlord fails to eliminate or otherwise resolve, to the reasonable satisfaction of Tenant, one (1) or more Title Defects that Landlord agreed to attempt to cure in its response to Tenant, then Tenant may either: (i) terminate this Lease; or (ii) waive Tenant's objection(s) to such uncured Title Defect(s) and lease the Premises. In the event of such waiver, all such matters not cured shall be deemed Permitted Exceptions. If at any time after Tenant receives the initial Commitment, Tenant discovers new Title Defects not present in the initial Commitment, Tenant shall have the right to deliver a supplemental notice of such new Title Defects to Landlord within thirty (30) days following Tenant's discovery of such Title Defects. Landlord shall notify Tenant within ten (10) days following its receipt of any supplemental notice of Title Defects which, if any, Landlord will attempt to cure and if Landlord declines to cure, or if Landlord agrees to cure but fails to cure such new Title Defects to Tenant's reasonable satisfaction within thirty (30) days after receipt of Tenant's supplemental notice, then Tenant shall have the right to terminate the Lease (notwithstanding that Tenant may have already delivered the Notice of Election) or Tenant may, in its discretion, waive such objections and continue under the Lease. 6.6. Tenant's Election to Proceed. If Tenant has determined that it does not wish to terminate the Lease in accordance with Section 6.3, Section 6.4 or Section 6.5, it will deliver to Landlord on or before the expiration date of the Inspection Period the executed notice of election attached hereto as Exhibit C (the "Notice of Election"). Tenant's failure to deliver the Notice of Election by such time will be construed as its election to terminate the Lease on the final day of the Inspection Period. 6.7. Closing. If Tenant has not terminated this Lease and the Lease has not been automatically terminated in accordance with Section 6.6, Landlord and Tenant will proceed to close (the "Closing") Tenant's purchase of the leasehold title insurance policy that is the subject of the Commitment (the "Title Policy") within thirty (30) days of the date Tenant delivers the Notice of Election. (a) At the Closing, the Landlord shall duly execute and deliver to the Title Company: (i) any curative documents necessary to cure the Title Defects which Landlord agreed to cure, if any, to the extent not already recorded; and (ii) any documents and instruments required from Landlord under the Commitment as a condition to the issuance of the Title Policy or otherwise reasonably requested by the Title Company. (b) At the Closing, the Tenant shall pay the premium for the Title Policy, and shall duly execute and deliver to the Title Company any documents and instruments required from Tenant under the Commitment from the Tenant as a condition to the issuance of the Title Policy or otherwise reasonably requested by the Title Company. C:\Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft\W indows', INetCacheContent.Outlook\ZK45R2WH\O 9-09-16 City Clean.docx 6 If necessary to conform the legal description of the Land or as otherwise required by the Title Company, the Parties shall also duly execute and deliver at Closing an amendment to this Lease correcting any errors in the legal description. 6.8 Acceptance of Premises Disclaimer: A. TENANT ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST IN, ON, OR UNDER THE PREMISES, INCLUDING BUT NOT LIMITED TO DEBRIS, MULCH, CONCRETE AND CONSTRUCTION MATERIALS LOCATED AT THE PREMISES, AND THAT NEITHER LANDLORD, NOR ANY EMPLOYEE OR AGENT OF LANDLORD, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. B. TENANT HEREBY WAIVES ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY SET FORTH IN THIS LEASE. C. TENANT ACKNOWLEDGES AND AGREES THAT TENANT HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH TENANT INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. D. TENANT ACKNOWLEDGES TI -IAT ANY AND ALL STRUCTURES AND IMPROVEMENTS EXISTING ON THE PREMISES ON THE COMMENCEMENT DATE, IF ANY, ARE ACCEPTED "AS IS" WITH ANY AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT THERETO. TENANT ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION BY LANDLORD WITH RESPECT TO ANY EXISTING STRUCTURES OR IMPROVEMENTS, BUT IS RELYING ON ITS EXAMINATION THEREOF. E. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERhIINATION OF THIS LEASE. ARTICLE 7: PERMITTING AND FEES; AND REZONING Subject to Tenant complying with all applicable laws, Landlord agrees to cooperate with Tenant to expeditiously process permits, including plat applications, zoning, site plan applications, building permit applications, building and construction inspections required for the Premises to be in a state of completion. Tenant shall be responsible to pay all applicable permitting fees. Landlord agrees to pursue rezoning of Premises for use of the Land as a regional youth sports complex consistent with the Intended Purpose. In the event the rezoning is C:1Users\BStatzer.PMGSUCCESS\AppData\Loca1`Microsoft Windows INetCache` Content.Outlook\ZK45R2 WH' 0 9-09-16 City Clean.docx 7 not approved, then this Lease may be terminated by Tenant upon 30 days written notice as Tenant's sole and exclusive remedy. ARTICLE 8: CONSTRUCTION OF IMPROVEMENTS; REPAIRS AND MAINTENANCE; ALTERATIONS AND IMPROVEMENTS 8.1. Construction of Improvements. Tenant shall use good faith efforts, subject to events beyond Tenant's reasonable control which render its performance hereunder commercially impracticable, to construct or cause to be constructed on the Land the buildings and other site improvements needed from time to time and as determined in Tenant's sole discretion (including any monument or pylon signs) for the Intended Use (collectively, the "Improvements"), subject to the provisions and requirements of this Lease and of all government agencies having jurisdiction thereover. Tenant will perform all construction, including alterations and improvements referenced below in material compliance with all applicable laws, statutes, ordinances, codes, rules, regulations, and directives (collectively, "Laws"), including, but not limited to, the Americans with Disabilities Act and only after obtaining and maintaining in full force and effect all necessary licenses and permits. The construction and installation of the Improvements by Tenant shall be completed in a good and workmanlike manner. The cost of the Improvements and any fines imposed for failure of Tenant to comply with applicable Laws shall be borne solely by Tenant. 8.1.1. Specific Improvements. Specifically, the Improvements shall consist of the following: • 6 outdoor fields for soccer, lacrosse, and flag football • 8 baseball/softball diamonds, capable of adjusting for age of participants and particular sport • 10 sand volleyball pits • Concessions at fields and fieldhouse • Children's outdoor play area • Fieldhouse that will host a minimum of 6 full-size basketball courts, 12 volleyball courts, and a cheer area • Outdoor Picnic Area • 5,000 square foot restaurant • Admissions and Administration offices 8.1.2. Performance Milestones - Tenant agrees to complete the following performance milestones by the dates shown below with all dates running from the Effective Date. The determination of tenant's successful compliance with these Performance Milestones is within the C:tUsers\BStatzer.PMGSUCCESS\AppData Local\Microsoft Windows\INetCache Content.Outlook\ZK45R2WH`0 9-09-16 City Clean.docx 8 sole determination and discretion of the Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Tenant agrees to provide Director of Parks and Recreation with documentation of completion of each Performance Milestone, subject to review and approval of Director of Parks and Recreation. Failure to timely and successfully complete a Performance Milestones shall be considered an "Event of Default" and subject to further action under Article 15. 8.1.2.A. The Coastal Bend Community Foundation Tracts have been conveyed to SQH by third party owner within six (6) months from the Effective Date. 8.1.2.B. Within six months from the Effective Date, Tenant demonstrates to the satisfaction of the Director of Parks and Recreation that all utilities for the Premises have been approved in accordance with the Unified Development Code. 8.1.2.C. Tenant secures funding for construction of Improvements listed above within nine (9) months from the Effective Date. 8.1.2.D. Tenant completes final design of complex within 13 months from the Effective Date. 8.1.2.E. Tenant begins construction of complex within 14 months from the Effective Date. 8.1.2.F. Tenant substantially completes construction of complex within 27 months from the Effective Date. 8.1.2.G. Tenant begins operations of major components of complex within 29 months from the Effective Date. Notwithstanding anything in this Lease to the contrary, the Parties agree and understand that failure to enter into a mutually agreeable utility line agreement to provide proper utilities to the Premises within six months from the Effective Date shall be grounds for either party to terminate this Lease upon Written notice, and at no cost or liability to the other party. 8.1.3 Construction at the Premises A. No construction or modifications may be made at the Premises, and no drilling, excavation, or penetration of the soil surface may be conducted at the Premises without the prior written approval of the Director of Parks and Recreation ("Director"), whose approval shall not be unreasonably delayed. Tenant shall not make any additions or alterations to the Premises or to any Improvements without the Director's prior written approval. If approved, Tenant must obtain clearance, in writing, from the City's Risk Management Department ("Risk Management") that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. C: `,,Users\BStatzer.PMGSUCCESS\AppData'.Local 'Microsot, Windows` INetCache` Content.Outlook\ZK45R2Wli'.0 9-09-16 City Clean.docx 9 B. All additions or alterations must be made at Tenant's expense. Tenant must provide proof to the Director of sufficient funds on hand to complete the construction. All additions or alterations installed by Tenant must be repaired or replaced at Tenant's expense and may be removed by Tenant at the expiration or termination of the Lease only if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Tenant which are not removed at the expiration or termination of this Lease become the property of the City without necessity of any legal action. C. The plans and specifications for all additions or alterations shall be prepared by state - licensed architects or engineers. The Improvements must be designed and constructed to meet American Sports Builder Association guidelines and American Society for Testing Material standards. The plans and specifications must be approved in writing by the Director of Capital Programs or designee prior to construction. The plans and specifications must be prepared to ensure that any runoff from the Premises does not negatively impact Oso Creek. D. A payment bond is required for construction contracts that exceed $25,000. A performance bond is required for construction contracts that exceed $100,000. The bond(s) shall be made with the City as the obligee. E. Lessee shall ensure that an indemnity clause acceptable to the City is included in all construction contracts. F. All construction contracts must be approved in writing by the Director of Engineering or designee. All construction contracts must include terms regarding the City's ability to inspect, reject and accept the work. G. Tenant shall include in all construction contracts for the Improvements, in large, bold face text: "Contractor does hereby agree to release, indemnify, defend and hold harmless City of Corpus Christi, and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person arising out of or in connection with the performance of the construction contract, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands." H. Tenant shall also require the contractors in all construction agreements for the Improvements to furnish insurance in such amounts as specified in the attached insurance exhibit. 8.2. Repairs and Maintenance. Subject to the provisions of Article 11, Tenant agrees that during the Term it will, at its expense and without any expense to Landlord, promptly make all necessary repairs to or replacements of the Improvements and all parking areas, sidewalks, curbs, lawns, lighting, irrigation and landscaping on the Land, and maintain the Premises and the Improvements, in accordance with all applicable Laws, and in good condition C:\Users\BStatzer.PMGSUCCESS\AppData.Local\Microsoft Windows\INetCache\Content.Outlook\ZK45R2WH.0 9-09-16 City Clean.docx 10 and repair. Tenant shall, at all times during the Term, assure that the Premises and the Improvements are in compliance with all applicable Laws. Tenant shall not commit waste with respect to the Premises. The Parties intend that Landlord have no obligation, in any manner whatsoever, to repair and maintain the Premises or the Improvements or any equipment therein or thereon, whether structural or non-structural, during the Term, all of which obligations are intended to be imposed on Tenant. 8.3. Alterations and Improvements. After construction of the agreed Improvements as shown on the Site Plan, Tenant may, at its expense and with the prior written consent of Landlord acting through its City Manager (i) make changes or alterations, structural or otherwise, to the Premises and to the exterior and interior of the Improvements; and (ii) erect, construct or install upon the Land buildings and improvements in addition to those now or hereafter located thereon. 8.4. Ownership of Buildings, Improvements, and Fixtures. Any and all buildings, improvements, additions, alterations, and fixtures, except Trade Fixtures (as defined herein), constructed, placed, or maintained on any part of the Premises during the Term shall be considered part of the real property of the Premises and shall remain on the Premises and become the property of Landlord on termination of this Lease. 8.5. Right to Remove Trade Fixtures. Tenant shall have the right at any time during Tenant's occupancy of the Premises, or within a reasonable time thereafter, to remove any and all Trade Fixtures (as defined herein), owned or placed by Tenant, its sublessees or licenses, in or on the Premises, or acquired by Tenant, whether before or during the Term, but prior to the termination of the Lease. Tenant must repair any damage to the Premises to any buildings or improvements on the Premises resulting from such removal. Any such personal property items which are not removed by the termination date of the Lease shall become the property of Landlord as of that date. 8.6. Naming and Other Rights. A. Tenant shall have the full right to provide a name or names for the regional youth sports complex during the Term of this Lease; provided, however, that except for city names which are incorporated into the brand name of any nationally or regionally offered product or service (such as, by way of example and not limitation, "Seattle's Best" coffee, or "Boston Market" goods), Tenant shall display no reference to any country or to any city other than the City in any signage, advertising, and other identification monuments or visible media containing the name used by or identifying the regional youth sports complex facility on the Premises. B. Tenant agrees to use a name for the regional youth sports complex that is appropriate for a City -owned facility. C. Within thirty (30) days after the Tenant's disclosure to the City of the name of the regional youth sports complex, the City shall have the right to disapprove and thus prohibit such name for the regional youth sports complex (including the name for any part of the regional youth sports complex) if the City Council reasonably deems such name to be in bad taste or offensive to the City's image or a potential source of embarrassment to the City. C: Users\BStatzer.PMGSUCCESS\AppData\Local Microsoft Windows .INetCache Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 11 D. Any advertising, documents or media information prepared by or within the control of Tenant describing any event at the regional youth sports complex shall identify the City as the location of the regional youth sports complex. E. Without limiting the foregoing, Tenant shall have the exclusive right to contract with any person with respect to use and enjoyment of such name for the regional youth sports complex and the exclusive right to enter into such agreements with others whereby such others may display names, logos, trademarks, advertisements, slogans, emblems, brand names, and the like in or about the Premises. F. Tenant reserves the right to change the name of the regional youth sports complex from time to time. G. Tenant also retains exclusive control over, and the right to grant to others, the rights to broadcasts to and from the Premises, regardless of the medium used (e.g. television, radio, internet, satellite) and all revenues therefrom. H. Any agreement executed by Tenant that sells the right to name the regional youth sports complex shall provide that should the party to whom said right has been sold perform or be the subject of any Act of Bankruptcy, Landlord shall have the right to immediately terminate such agreement and have the right to seek a new agreement with respect to the naming rights for the regional youth sports complex. I. Notwithstanding anything herein to the contrary, the naming rights shall be subject to and subordinate to this Lease Agreement. ARTICLE 9: LIENS Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, and shall indemnify, protect and hold harmless Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. If, at any time during the Term, any interest of Landlord or Tenant in the Premises becomes subject to a lien for labor or materials furnished to Tenant in the repair or improvement of the Premises, within thirty (30) days after Tenant's receipt of written notice informing Tenant of the recording of such lien, Tenant shall cause the lien to be bonded or discharged, and shall otherwise defend and hold Landlord harmless on account thereof, provided, however, that if Tenant desires in good faith to contest the validity or correctness of any such lien, it may do so, and Landlord shall cooperate to whatever extent may be necessary, provided only that Tenant shall defend and indemnify Landlord against any costs, loss, liability or damage on account thereof, including reasonable attorneys' fees. The interest of Landlord in the Premises shall not be subject to liens for improvements made by or for the account of Tenant, for which Tenant shall provide due notice to all parties who provide any services or materials with respect to any work on the Premises. ARTICLE 10: INSURANCE AND INDEMNITY 10.1. Tenant's Insurance. Tenant shall obtain, maintain and keep in force, or cause to be obtained, maintained and kept in force, for the period commencing upon delivery of the C: Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft'.Windows\INetCache\Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 12 Premises to Tenant and continuing thereafter during the Term, insurance as required by the attached Exhibit "G" — Tenant's Insurance Requirements. 10.2. Exculpation of Landlord. It is expressly understood and agreed by and between Landlord and Tenant that Landlord shall have no liability for damage or injury to any person or property in, on or about the Premises or the Improvements caused by or resulting from acts or omissions of any tenant, occupant, licensee or invitee of or on the Premises, unless (i) such damage or injury is caused by or results from the negligence or willful misconduct of Landlord or Landlord's agents, employees, representatives, or contractors and (ii) Landlord is responsible for such damage under the Texas Tort Claims Act. Nothing in this Lease shall waive any defenses or immunities available to Landlord. 10.3. Tenant's Indemnification of Landlord. NOTWITHSTANDING THE LIMITS OF INSURANCE SPECIFIED HEREIN, TENANT SHALL INDEMNIFY AND HOLD LANDLORD, 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 INDEMNITEES 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 INDEMNITEES OR ON THE PART OF TENANT, OR ANY OF TENANT'S AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, VENDORS, PATRONS, GUESTS, LICENSEES, OR INVITEES ("INDEMNITORS") ENTERING UPON THE PREMISES, WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF TENANT, OR WHEN ANY INJURY OR DAMAGE IS THE RESULT, PROXIMATE OR REMOTE, OF THE VIOLATION BY INDEMNITEES OR INDEMNITORS OF ANY LAW, ORDINANCE, OR GOVERNMENTAL ORDER OF ANY KIND, OR WHEN THE INJURY OR DAMAGE ARISE OUT OF, OR BE CAUSED BY, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, BY AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF INDEMNITORS UNDER TIIIS 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 USE OF THE PREMISES, BUT NOT IF THE DAMAGE OR INJURY RESULTS FROM GROSS NEGLIGENCE OR WILFULL MISCONDUCT ON INDEMNITEES. TENANT COVENANTS AND AGREES THAT IF ANY OF TIIE INDEMNITEES ARE MADE A PARTY TO ANY LITIGATION AGAINST TENANT OR IN ANY LITIGATION COMMENCED BY ANY PARTY, OTHER THAN TENANT, RELATING TO THIS AGREEMENT OR RELATING TO THE PREMISES, TENANT SHALL C:IUsers\BStatzer.PMGSUCCESSIAppData LocallMicrosoft\Windows INetCache Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 13 DEFEND INDEMNITEES UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION. 10.4. Tenant's Property. All property belonging to Tenant or its agents, employees, invitees or otherwise and located at or in the Premises or the Improvements shall be kept at the risk of Tenant only, and Landlord shall not be liable for damage thereto or theft, misappropriation or loss thereof and Tenant agrees to defend and hold Landlord and Landlord's agents, employees and servants harmless and indemnify them against third -party claims and liability for injuries to such property. ARTICLE 11: DAMAGE AND DESTRUCTION Except in the case of a casualty loss which occurs in the last two (2) years of the Term or during the Option Term, if the Improvements or any part thereof are damaged or destroyed by fire or other casualty, this Lease shall continue in full force and effect. If, during the last two (2) years of the Term or during the Option Term, any of the Improvements shall be damaged by fire or other casualty to the extent that, in Tenant's reasonable judgment, the Premises are not usable in its damaged condition for the conduct of Tenants business, Tenant may, upon written notice to Landlord, elect to terminate this Lease, in which event all proceeds of the insurance payable in respect for pertaining to the Improvements shall belong to and be paid to Landlord with reduction for any deductible. If Tenant elects to terminate this Lease due to casualty loss which occurs in the last two (2) years of the Tenn, Tenant shall so notify Landlord within thirty (30) calendar days after the date of such casualty, whereupon this Lease shall terminate as of the later to occur of: (i) Tenant's vacation and surrender of the Premises, and (ii) Landlord's receipt of such termination notice. If Tenant terminates this Lease, Tenant shall not be required to repair any damage resulting from such casualty. If the Improvements are damaged or destroyed by fire or other casualty in years 1 through 38 of the Lease, or during the Option Term, then the parties will develop a mutually agreed upon schedule for reconstruction of the Improvements at the Premises, which schedule shall take into account sufficient time necessary for third party processing of Tenant's insurance claims. ARTICLE 12: CONDEMNATION 12.1. Complete Taking. If the whole of the Premises and/or Improvements are taken for any public or quasi -public purpose by any lawful power or authority by the exercise of the right of condemnation or eminent domain ("Taking"), then this Lease shall terminate as of the earlier of the date that title vests in the condemnor or the date that the condemnor takes possession of the property so taken ("Date of Taking"). In such event, all charges payable hereunder shall be prorated and paid to the Date of Taking. Installation of City utilities upon or across the Premises does not constitute a Taking for purposes of this Lease. 12.2. Partial Taking Rendering Premises "Untenantable." If a Taking by any lawful power or authority by the exercise of the right of condemnation or eminent domain of a portion of the Premises or Improvements or a portion of any access drive or curb cut adjacent to the Premises necessary, in Tenant's sole but reasonable judgment, for the Intended Use, occurs and such Taking renders the entire Premises and/or Improvements "untenantable," as such term is hereinafter defined, then Tenant shall have the right to terminate this Lease, as of the Date of C: Users\BStatzer.PMGSUCCESS\AppData Local\Microsoft Windows\INetCache\Content.Outlook\ZK45R2WH`0 9-09-16 City Clean.docx 14 Taking, by giving written notice of such termination to Landlord within ninety (90) days after the date of Tenant's receipt of notice from the condemnor of the Date of Taking. Installation of City utilities upon the Premises does not constitute a Taking for purposes of this Lease. In the event of termination of this Lease in accordance herewith, all charges payable hereunder shall be prorated and paid to the Date of Taking. For purposes of this Article 12, "untenantable" shall be deemed to refer to a situation in which any Improvement(s) or any parking spaces, driveways or access ways, or other improvements on or included in the Premises, or adjacent to the Premises, that may have been displaced by the Taking cannot, in the sole discretion of the Tenant, be relocated, restored or re- routed upon the portions of the Land that remain after the Taking in a commercially reasonable manner that results in an economically viable operation of the Intended Use, thereby causing the Premises and/or Improvements to be unsuitable for Tenant to carry on the Intended Use as contemplated by this Lease. In the event that a Taking of any portion of the Premises and/or Improvements occurs which renders the entire Premises and/or Improvements "untenantable," and Tenant fails to terminate this Lease within the time period provided above, then this Lease shall continue in full force and effect. 12.3. Partial Taking Not Rendering Premises "Untenantable". In the event of a Taking of any portion of the Premises and/or Improvements which does not render the Premises and/or Improvements "untenantable," as defined above, all charges shall be abated for a reasonable period of time, not to exceed one hundred fifty (150) days after Tenant's receipt of the condemnation award, in order to allow Tenant to make any alterations and/or improvements that in the sole discretion of Tenant are necessary to relocate, restore or re-route any Improvements or parking spaces, driveways or access ways, or other improvements on or included in the Premises which were displaced by the Taking. Following the completion by Tenant of any such improvements, repairs, restoration or alterations to the Premises and/or Improvements that may be necessary as a result of any such Taking, the abatement of charges provided for herein shall cease, and all other charges shall again be assessed against the Premises as provided for hereinabove. Notwithstanding anything to the contrary in the foregoing, Tenant, after Tenant's receipt of the condemnation award, shall have an affirmative obligation to exercise all reasonable efforts in order to perform any construction, repairs, restoration or alterations to the Premises and/or Improvements that may be necessary to relocate, repair, restore or re-route any Improvements or parking spaces, driveways or access ways, or other improvements on the Land that may have been displaced by the Taking, and which can be, in the sole discretion of Tenant, relocated, repaired or re-routed upon the portions of the Premises that remain after the Taking in a commercially reasonable manner that results in an economically viable operation of the Intended Use. 12.4. Allocation of Condemnation Award. The condemnation award payable with respect to any Taking of all or a part of the Land and/or Improvements shall be made available to Tenant to pay for the relocation, re-routing or construction and completion of any replacements, restoration, alterations and improvements, but Tenant shall not be obligated to expend an amount greater than the amount awarded to Landlord and Tenant on account of the taking of the C:'Users\BStatzer.PMGSUCCESS\AppData\Local Microsoft Windows INetCache'.Content.Outlook\ZK45R2WH10 9-09-16 City Clean.docx 15 Improvements, exclusive of that portion of the award attributable to the taking of the Land. If the amount awarded to Landlord and Tenant on account of the Taking is not sufficient to permit Tenant to so alter, repair and restore the Premises and/or Improvements, Tenant, at Tenant's discretion, may give notice to Landlord of such deficiency within thirty (30) days after the Date of Taking and Landlord may elect to contribute the amount of the deficiency to the cost of the repair and restoration or to terminate this Lease. Landlord shall notify Tenant of its election within thirty (30) days after the date on which Landlord receives the notice of deficiency from Tenant. If Landlord elects to terminate this Lease, the termination shall be effective as of the Date of Taking and all Rent and other charges payable hereunder shall be prorated and paid to the date of termination. The condemnation award received by Landlord and Tenant shall be otherwise allocated as set forth below. If a Taking of the whole or a part of the Premises and/or Improvements shall occur, then Landlord shall have the unqualified right to pursue its remedies against the condemnor for the full value of Landlord's fee interest and other property interests in and to the Premises and/or Improvements. Similarly, Tenant shall have the unqualified right to pursue its remedies against the condemnor for the full value of Tenant's leasehold interest, moving and relocation expenses, and other property interests in and to the Premises and/or Improvements. If the laws of the State of Texas allow or require the recovery from the condemnor to be paid into a common fund or to be paid to Landlord only, and if such recovery is so paid into a common fund or to Landlord only, then the recovery so paid shall be apportioned between the Parties according to the value of their respective property interests as they existed on the date of the Taking, giving due consideration to the number of years remaining in the Term and the condition of the Improvements and any other improvements on the Land. The provisions of this Section 12.4 shall survive any termination of this Lease pursuant to the provisions of Article 12. ARTICLE 13: BANKRUPTCY If, at any time during the Term, bankruptcy, insolvency or other similar proceedings shall be instituted by or against Tenant, whether or not such proceedings result in an adjudication against Tenant or should a receiver of the business or assets of Tenant be appointed, such proceedings or adjudication shall not affect the validity of this Lease so long as the Rent and the other terms, covenants and conditions of this Lease on the part of Tenant to be performed are performed, and in such event this Lease shall remain in full force and effect in accordance with its terms. ARTICLE 14: ASSIGNMENT AND SUBLETTING Except for a Permitted Transfer (defined herein), Tenant may not assign this Lease or sublet the Premises, in whole or in part, without obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Landlord's consent shall not be considered unreasonably withheld or delayed if the proposed transferee's financial net worth is less than that of Tenant. Landlord's failure to approve or disapprove any assignment or sublease request within thirty (30) business days shall be deemed to be Landlord's approval of such request. For purposes of this Lease, a "Permitted Transfer" shall include an assignment of this Lease or a sublease of the Premises, in whole or in part, an entity controlled or majority-owned by Tenant or any successor resulting from a reorganization of, or merger with, C: Users BStatzer.PMGSUCCESS\AppData Local\Microsoft Windows\INetCache\Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 16 Tenant. In the event of a Permitted Transfer, the assignee or sublessee, as applicable, shall assume in writing all present and future obligations of Tenant under this Lease, and upon such assumption the Tenant shall have no further obligations under this Lease other than those that accrued prior to the effective date of the Permitted Transfer. Except in the case of a Permitted Transfer, Tenant shall remain fully liable hereunder for any obligation of Tenant arising under this Lease, whether past, present or future; provided, however, that Tenant's liability shall be limited to obligations of Tenant arising during the initial Term of the Lease (or any remaining Option Term if the assignment or sublease occurs during an Option Term) and Tenant shall have no liability for any obligations arising during a subsequent Option Term elected by the assignee or sublessee. Any assignee or sublessee hereunder shall expressly assume in writing all obligations on Tenant's part to be performed under this Lease from and after the effective date of the assignment or subletting. Notwithstanding anything in this Lease to the contrary, Tenant may enter into any type of sublease, license or any other type of agreements with third parties relating to any retail, equipment supplies, sports medicine, restaurants or any other types of operations in connection with the Intended Use. ARTICLE 15: EVENTS OF DEFAULT; REMEDIES 15.1. Events of Default. The occurrence of any one or more of the following events (each an "Event of Default") shall constitute a default and breach of this Lease by Tenant: If Tenant fails to perform any of Tenant's obligations or breaches any covenant or representation or warranty under this Lease for a period of sixty (60) days after written notice from Landlord (the "Cure Period"). 15.2. Remedies. Upon the occurrence of an Event of Default, and at any time thereafter, at Landlord's option, and without limiting Landlord in the exercise of any other rights or remedies which Landlord may have at law or in equity by reason of such breach, if such Event of Default shall not have been cured during such Cure Period, Landlord may terminate this Lease by giving written notice to Tenant of Landlord's election to so terminate, re-enter the Premises and take possession of the same, and expel or remove Tenant and all other parties occupying the Premises and/or Improvements, and remove all property of Tenant and store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant without being deemed guilty of trespass. In such event, and subject at all times to the law of the State of Texas pertaining to and/or dictating the duty of a landlord to mitigate damages in the event of a tenant's breach of a lease, Landlord shall thereupon be entitled to recover from Tenant all costs to remove Tenant's personal property and return Premises to good condition. ARTICLE 16: QUIET ENJOYMENT AND TITLE AND OPERATIONS AT THE PREMISES 16.1. Covenant of Quiet Enjoyment. Subject to the terms of this Lease, upon paying the Rent and performing the other terms, covenants and conditions of this Lease on CaUsers\BStatzer.PMGSUCCESSWppData\Local\MicrosofttWindows` NetCache,Content.0utlook\ZK45R2WH10 9-09-16 City Clean.docx 17 Tenant's part to be performed, Tenant shall and may peaceably and quietly have, hold, occupy, possess and enjoy the Premises during the Term. However, Landlord retains the right to use or cross the Premises with utility lines and easements needed for utility operations. Landlord must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Landlord exercises these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. In addition, Landlord's vehicles including solid waste vehicles shall have emergency use of roads on the Premises to allow Landlord access through the Premises. 16.2. Right to Possession. Landlord covenants, warrants and represents that: (i) as of the Effective Date, Landlord alone will have the full right to lease the Premises for the Term and as set forth in this Lease, and (ii) the Premises are now unoccupied and tenant -free, and (iv) Tenant shall have at all times during the term absolute, tenant -free possession of the Premises. 16.3 Operations at the Premises. Tenant's use and operations of the Premises shall be in compliance with all applicable Federal, State and local laws and regulations. Tenant shall ensure that its activities at the Premises shall not negatively impact Oso Creek. Tenant agrees to comply with the following regarding its operations at the Premises: 16.3.1. Tenant shall be the exclusive manager and operator of the Regional Youth Sports Complex and shall have the exclusive right to contract for its use during the Term in a manner that will promote and further the purposes for which the Regional Youth Sports Complex has been constructed. Tenant shall do all things and take all commercially reasonable actions necessary for the operation and maintenance of the Regional Youth Sports Complex in accordance with this Lease and in a manner generally consistent with the operation and maintenance of the comparable facilities as of the Effective Date, subject to normal wear and tear. Without limiting the foregoing, Tenant is authorized to and shall: A. charge and collect all operating revenue, parking use charges, concession revenue and seat and suite use charges for the Regional Youth Sports Complex and Premises and, in connection therewith, use all commercially reasonable efforts to obtain all fees, rents and other amounts due from concessionaires and other users of the Regional Youth Sports Complex and Premises, and shall cause notices to be served upon such users to quit and surrender space occupied or used by them where desirable or necessary in the opinion of Tenant and shall ask for, demand, collect and give receipts for all amounts which at any time may be due from any licenses and other users of the Regional Youth Sports Complex and Leased Premises; B. prepare and submit to the Landlord (for its review and comment but not approval) on or before September 30 each year, a renewal and replacement account budget projecting the estimated capital repair work expenditures for the Regional Youth Sports Complex; C. commence, defend and settle in good faith such legal actions and proceedings concerning the operation of the Regional Youth Sports Complex (except for City events) as are necessary or required in the opinion of Tenant and shall retain legal counsel in connection therewith; C:` Users `BStatzer.PMGSUCCESS\AppData\L.ocal Microsoft Windows INetCache Content.Outlook\ZK45R2WH`.0 9-09-16 City Clean.docx 18 D. employ, pay and supervise all personnel that Tenant determines to be necessary for the operation of the Regional Youth Sports Complex (such personnel, during the course of such employment shall be employees of Tenant and shall not be employees of Landlord); determine all matters with regard to such personnel, including without limitation, compensation, bonuses, fringe benefits, hiring and replacement and shall prepare, on its own behalf and file when due, all forms, reports and returns required by law relating to the employment of such personnel; E. purchase and maintain all materials, tools, machinery, equipment and supplies deemed necessary by Tenant for the operation of the Regional Youth Sports Complex; F. maintain the Regional Youth Sports Complex in accordance with comparable facilities subject to normal wear and tear, and maintain and operate the Regional Youth Sports Complex in compliance with all requirements necessary for the conduct of all games; G. prepare, coordinate, implement, revise as necessary and administer a preventative maintenance plan and program for the Regional Youth Sports Complex, its machinery and equipment, and provide a maintenance log for each calendar year of this Lease; H. from and after the Effective Date, arrange for and provide all utility and other services for the Regional Youth Sports Complex and pay or cause to be paid when due all charges for water, sewer, gas, light, heat, telephone, electricity, and other utilities and services rendered to or used on or about the Regional Youth Sports Complex; I. maintain or cause to be maintained all necessary licenses, permits and authorizations for the operation of the Regional Youth Sports Complex; J. furnish to the Landlord such reports and other information concerning the condition of the Regional Youth Sports Complex and operation thereof (excluding any financial operating results or other information deemed commercially sensitive by Tenant) as may be reasonably requested from time to time by the Landlord, it being understood, however, that Tenant shall not be required to generate any special reports but rather just make available to Landlord any reports already prepared by Tenant in the normal conduct of its business; K. procure and negotiate contracts with concessionaire(s) for the operation of consumable and/or non -consumable concessions at the Regional Youth Sports Complex (unless Tenant shall self -operate such concessions); and L. control the issuance and issue all credentials for events at the Regional Youth Sports Complex. M. As additional consideration for this Lease, Tenant shall allow Landlord the right to use the Regional Youth Sports Complex for City of Corpus Christi sponsored activities that specifically benefit the Corpus Christi community, for example, a sporting event coordinated through the City Parks & Recreation Department ("City Activities") free of any facility rental or admission charge, as follows: one weekday City Activity and one full weekend City Activity. Further, no more than one City Activity may be held within a calendar month and no more than two City Activities may be held during any calendar year. Any City Activity shall be scheduled with Tenant at mutually agreeable dates. C:1Users\BStatzer.PMGSUCCESS\AppData\Local`,Microsoft Windows\INetCache' Content.Outlook\ZK45R2WH\0 9-09-16 City Clean.docx 19 ARTICLE 17: TRADE FIXTURES Anything contained in this Lease to the contrary notwithstanding, Landlord acknowledges, consents and agrees that all furniture, machinery and equipment which are installed or placed in, on or about the Improvements or the Premises by Tenant, its agent, or its tenants or assigns ("Trade Fixtures"), whether affixed to the Premises, the Improvements, or otherwise (excluding heating, ventilating, and air conditioning system, and all electrical, mechanical, and plumbing systems and components thereof that constitute an integral part of the Improvements), shall be and at all times remain the property of Tenant or its tenant or assigns and may be removed at any time during the Term or upon the expiration or earlier termination of this Lease, whether or not such Trade Fixtures may be regarded as property of Landlord by operation of law or otherwise. Landlord hereby waives any rights it may have arising under Subchapter B of Chapter 54 of the Texas Property Code with respect to the Trade Fixtures. Tenant shall promptly cause any damage to the Improvements caused by such removal to be repaired at no cost to Landlord, including performing any work that may be required to restore the Improvements to a complete architectural unit, such as, by way of example only, restoring an exterior wall section left open after removal of equipment that theretofore served to complete the wall section. Landlord further agrees that, upon expiration or earlier termination of this Lease, Tenant shall have the right to remove from the Premises and the Improvements all signs and other distinctive features of the business on the Premises and the Improvements. Tenant shall, at its expense, repair any damage caused by such removal. ARTICLE 18: LEASEHOLD MORTGAGE Tenant may encumber by an appropriate Security Instrument its leasehold interest in the Premises, together with all Improvements placed on the Premises by Tenant, as security for indebtedness of Tenant, provided that Tenant shall refrain from encumbering or purporting to encumber, by means of any such Security Instrument or otherwise, the Landlord's fee interest in the Land. Landlord shall cooperate with Tenant and Tenant's lender with respect to any reasonable request to perfect such lender's rights in Tenant's leasehold interest in the Premises. In addition, if Tenant notifies Landlord of the existence of any such Security Instrument, the terms and conditions set forth on Exhibit E attached hereto (the "Mortgagee Protection Provisions") shall be deemed to have been incorporated into this Lease and Landlord shall comply therewith and abide thereby. ARTICLE 19: HAZARDOUS SUBSTANCE OR WASTE 19.1. Definitions. a. "Environmental Laws" means (i) the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"); the Emergency Planning and Community Right -to -Know Act; the Hazardous Materials Transportation Act; the Toxic Substances Control Act; the Occupational Safety and Health Act of 1970; the Federal Water Pollution control Act, the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Safe Drinking Water Act; the Resource Conservation and Recovery Act (including, without limitation, Subtitle I relating to underground storage tank systems); and the Federal Insecticide, Fungicide and Rodenticide Act, (ii) regulations promulgated under any of the above statutes; (iii) C: Users\BStatzer.PMGSUCCESS\AppData Local\Microsoft Windows\INetCache Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 20 any applicable federal, state or local statute, ordinance, rule or regulation, or any common law, that relates to environmental conditions, human health, industrial hygiene, Hazardous Substances or underground storage tank systems; in each case, as amended; and (iv) the applicable terms and conditions associated with any permit issued to and held by Landlord or Tenant pursuant to any of the foregoing. b. "Governmental Entity" means any federal, state or local governmental authority or regulatory agency, including, but not limited to, any Environmental Agency (defined below). c. "Hazardous Substances," for purposes of this Lease, shall be interpreted broadly to include, but not be limited to, any material or substance that is defined or classified under federal, state or local laws as: (i) a "hazardous substance" pursuant to Section 101 of CERCLA or Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. § 1321, as now or hereafter amended; (ii) a "hazardous waste" pursuant to Section 1004 or Section 3001 of the Resource Conservation and Recovery Act, 42 U.S.C. § 6903, 42 U.S.C. § 6921, as now or hereafter amended; (iii) a toxic pollutant under Section 307(1)(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(1)(a); (iv) a "hazardous air pollutant" under Section 112 of the Clean Air Act, 42 U.S.C. § 7412, as now or hereafter amended; (v) a "hazardous material" under the Hazardous Material Transportation Act, 49 U.S.C. § 1802(2), as now or hereafter amended; (vi) toxic or hazardous pursuant to regulations promulgated now or hereafter under the aforementioned laws; or (vii) presenting a risk to human health or the environment under other applicable federal, state or local laws, ordinances, or regulations, as now or as may be passed or promulgated in the future. "Hazardous Substances" shall also mean any substance that, after release into the environment and upon exposure, ingestion, inhalation or assimilation, either directly from the environment or directly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities, cancer or genetic abnormalities. "Hazardous Substances" specifically includes, but is no limited to, asbestos, polychlorinated byphenyls (PCBs), petroleum and petroleum-based derivatives, and urea formaldehyde. d. "Release" means any presence, release, deposit, discharge, emission, leaking, spilling, seeping, migrating, injecting, pumping, pouring, emptying, escaping, dumping, disposing or other movement of Hazardous Substances. 19.2. Landlord's Representation and Warranty. Landlord has no actual knowledge of the presence or disposal on the Premises, of any Hazardous Substance. To the best of available records Landlord has no actual knowledge, without inquiry, of any contamination of the Premises from any Hazardous Substance as may have been disposed of or stored on neighboring tracts. 19.3. Tenant Indemnification. Tenant for its part, agrees to indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and its managers, employees, and agents harmless from any claims, judgments, damages, penalties, fines, liabilities, losses and costs and expenses which arise during or after the Term from or in connection with the presence of Hazardous Substances introduced by Tenant during the Term and those Hazardous Substances introduced during the Term by any of Tenant's shareholders, directors, officers, partners, C:'.Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft'Windows INetCache Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 21 members, managers, employees, or agents in, on, under or over the Premises, including the soil, groundwater or soil vapor on or under the Premises, unless the Hazardous Substances are present solely as a result of the negligence or willful misconduct of Landlord, managers, employees, agents, independent contractors, guests or invitees. Without limiting the foregoing, but in addition thereto, Tenant shall be solely responsible for the cleanup of such Hazardous Substances and such remediation of the Premises as may be required under or by virtue of any Environmental Law, and to the extent the cleanup of such Hazardous Substances and remediation of the Premises is required by Environmental Law. Tenant shall undertake and complete such cleanup and remediation in a prompt and diligent manner in accordance with Environmental Law and other applicable Requirements of Law. 19.4. Survivability. Without limiting the generality of the provisions of Section 19.2, Section 19.3, and Section 19.4, each of the representations and warranties, and indemnifications provided herein shall survive the expiration, termination or cancellation of this Lease and shall specifically cover costs and expenses incurred in connection with any investigation of site conditions, and any clean-up, remedial, removal and restoration work required by Environmental Law because of the presence or suspected presence of toxic or hazardous substances, including, without limitation, oil, gas and petroleum products, in, on, under or over the Premises, including the soil, groundwater or soil vapor on or under the Premises. ARTICLE 20: REAL ESTATE COMMISSIONS The Parties represent and warrant to each other that they have not employed nor engaged any brokers, consultants or real estate agents to be involved in this transaction. The representations and covenants contained in this Article 20 shall survive the expiration of the Term (or any extension(s) thereof) or earlier termination of this Lease. ARTICLE 21: NOTICES AND DEMANDS All notices and demands of any kind which either Party may be required or may desire to serve upon the other Party in connection with this Agreement shall be in writing, signed by the Party or its counsel identified below, and shall be served (as an alternative to personal service) by certified mail, overnight courier service or confirmed facsimile transmission during normal business hours (followed promptly by personal service or mailing of a hard copy), at the addresses set forth below: To Landlord: To Tenant: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Facsimile No.: (361) 826-3839 Telephone No.: (361) 826-3220 SQH Sports & Entertainment Attn.: Derrick Hegmon 16035 University Oak San Antonio, TX 78249 C: Users\BStatzer.PMGSUCCESS\AppData\Local\Microsoft Windows INetCache Content.Outlook\ZK45R2WH10 9-09-16 City Clean.docx 22 With copy to: Facsimile No.: (210) ?Li/ — o5553 Telephone No.: (210) 341-8877 Porter, Rogers, Dahlman & Gordon. P.C. Attn.: R. Bryan Stone 800 N. Shoreline, Suite 800S Corpus Christi. TX 78401 Facsimile No.: (361)880-5844 Telephone No.: (361)880-5830 Any such notice or demand so served shall constitute proper notice hereunder upon delivery, if personally served, three (3) business days following deposit with the United States Postal Service if mailed, or one (1) business day following deposit with an overnight courier if couriered, or by confirmation of receipt of the facsimile if faxed. If the time period by which any notices, acts or payments required hereunder must be delivered, performed or paid expires on a Saturday, Sunday or legal holiday, then such time period shall be automatically extended to the close of business on the next business day. Telephone numbers have been included in this Article 22 as a matter of convenience and imply no obligation or right to give or receive notice other than in writing as required by this Lease. ARTICLE 22: GENERAL PROVISIONS 22.1. Binding on Successors. All of the covenants, agreements, provisions and conditions of this Lease shall inure to the benefit of and be binding upon the Parties hereto, their successors, legal representatives and assigns. 22.2. Severability. If any term or provision of this Lease or the application thereof to any person or circumstance shall be invalid or unenforceable, to any extent, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the maximum extent permitted by law. 22.3. Entire Agreement. This Lease and the exhibits attached hereto contain the entire agreement between the Parties concerning the subject matter hereof, and shall not be modified in any manner except by a document executed by the Parties hereto or their respective successors in interest. 22.4. Captions. The captions used in this Lease are inserted as a matter of convenience only, and in no way define, limit or describe the scope of this Lease or the intentions of the Parties hereto, and shall not in any way affect the interpretation or construction of this Lease. 22.5. No Waiver. A waiver by Landlord or Tenant of any breach of any provision of this Lease shall not be deemed a waiver of any breach of any other provision hereof or of any subsequent breach by Tenant or Landlord of the same or any other provision. 22.6. Holdover. If Tenant holds over after the Term with the express consent of Landlord, such holding over shall be construed to be a tenancy from month-to-month only. The C: Users\BStatzer.PMGSUCCESS\AppData'Local',MicrosoftWindows`.1NetCache Content.Outlook\ZK45R2W11`0 9-09-16 City Clean.docx 23 foregoing provision shall not affect Landlord's right of reentry or any rights of Landlord hereunder or as otherwise provided by law. 22.7. Time of Essence. Except as specifically provided to the contrary herein, time is of the essence with regard to every provision of this Lease and the exhibits attached hereto. 22.8. Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Texas. 22.9. Counterparts. This Lease may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same document. 22.10. No Third Party Rights. The terms and provisions of this Lease shall not be deemed to confer any rights upon, nor obligate any Party hereto to, any person or entity other than the Parties hereto. 22.11. Interpretation. Each Party has had the opportunity to participate in the negotiation and drafting of this Lease and has had the opportunity to have the Lease reviewed by its own legal counsel. The rule of interpretation requiring that any ambiguities be interpreted against the drafting party shall not apply to this Lease. 22.12. Short Form Lease. The Parties shall execute and record within five (5) business days following the Effective Date a short form of this Lease, substantially in the form attached hereto as Exhibit D (the "Memorandum"). In no event shall this Lease be recorded in its entirety. In the event this Lease should terminate as a result of a failure of any contingency or as a result of Tenant's election not to give the Notice of Election, Tenant agrees to promptly deliver to Landlord a termination of the Memorandum as necessary to provide record notice that this Lease has terminated. If necessary to conform the legal description of the Land or as otherwise required by the Title Company, the Parties shall duly execute and deliver at Closing an amendment to the Memorandum correcting any errors in the legal description. 22.13. Estoppel Certificates. Landlord and Tenant agree that, within fifteen (15) business days after receipt of a written request from either to the other, the Party receiving the request will execute and deliver to the other a certificate in form and substance mutually acceptable to the Parties certifying: (i) that this Lease is unmodified and in full force and effect, or, if modified, stating the nature of the modifications and that, as so modified, this Lease is in full force and effect; (ii) the date to which the Rent and other charges hereunder are paid in advance, if any; (iii) the then -scheduled expiration date of the Term and the duration of any unexercised, unexpired Option Term; (iv) that, to the certifying Party's knowledge, as of the date of the certificate, there are no uncured defaults hereunder on the part of the requesting Party or specifying such defaults as are claimed by the certifying Party; and (v) as to such other matter as may be reasonably requested by the requesting Party. 22.14. Due Authorization. Each person executing this Lease on behalf of Landlord and Tenant, respectively, warrants and represents that the Party for whom he or she is acting has been duly formed, is in good standing, and has duly authorized the transactions contemplated herein C: Users\BStatzer.PMGSUCCESS\AppData Local\Microsoft.Windows\INetCache\Content.Outlook\ZK45R2WH A 9-09-16 City Clean.docx 24 and the execution of this Lease by him or her and that, when so executed, this Lease shall constitute a valid and binding obligation of the Party on whose behalf it is so executed. 22.15. Relationship of Parties. Nothing contained in this Lease shall be deemed to create a partnership or joint venture between Landlord and Tenant, and Landlord and Tenant's relationship in this Lease shall be deemed to be one of landlord and tenant only. 22.16. Authorization. a. Tenant hereby acknowledges, confirms and agrees that it is a duly incorporated corporation in accordance with the laws of the State of Texas and that it is in good standing under the laws of its state of incorporation. Tenant further acknowledges, confirms and agrees that it has been authorized by all necessary corporate action to enter into this Lease, that the entry into this Lease by Tenant and performance of all obligations to be performed by Tenant hereunder will not violate the terms of any governing documents of the Tenant, or any other agreements or arrangements to which the Tenant may be a party, and that the individual executing this Lease on behalf of the Tenant is duly authorized to do so. b. Landlord hereby acknowledges, confirms and agrees that it is a duly created and existing municipal corporation and home rule municipality of the State of Texas under the laws of the State of Texas and is duly qualified and authorized to carry on the governmental functions and operations as contemplated by this Lease. 22.17. Incorporation of Exhibits. All exhibits attached to this Lease are hereby incorporated herein as though set forth in full in this Lease itself. 22.18. Anti -Terrorism Warranties. Landlord represents and warrants that Landlord is not, and shall not become, a person or entity with whom Tenant is restricted from doing business with under regulations of the Office of Foreign Asset Control ("OFAC') of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. Tenant represents and warrants that Tenant is not, and shall not become, a person or entity with whom Landlord is restricted from doing business with under regulations of OFAC of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated and Blocked Persons list) or under any statute, executive order (including, but not limited to, the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions With Persons \\Tho Commit, Threaten to Commit, or Support Terrorism), or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. 22.19. Right of First Refusal regarding Lease for Optional Land. Prior to Landlord's execution of a lease agreement regarding the Optional Land, and subject to Tenant's successful completion of all performance milestones, and Tenant's successful construction and operation of a Regional Youth Sports Complex with Improvements as described herein and shown on the Site C:`Users\BStatzer.PMGSUCCESS\AppData\Local',Microsoft Windows\INetCache Content.Outlook\ZK45P2 I\0 9-09-16 City Clean.docx 25 Plan in Exhibit A, Landlord shall provide Tenant with written notice as provided in this section. If Landlord shall receive a bona fide offer for the lease for any portion of the Optional Land during the term of this lease agreement and the offer shall be acceptable to Landlord, Landlord shall give Tenant the right to lease the Optional Land for the intended purpose of Tenant's expansion of the Regional Youth Sports Complex or for use as an irrigation pond, at the price and on the terms of the offer so made, subject to final approval of the City Council and compliance with applicable provisions of the City Charter. This right shall be extended by Landlord giving written notice of the offer by registered mail to Tenant, requiring Tenant to sign a lease agreement within thirty days after the mailing of the notice, such final lease approval to be subject to final approval by City Council. This right of first refusal is contingent upon Tenant's successful completion of performance as listed in Article 8 above. 22.20 Publication. Tenant shall pay costs to publish this Lease Agreement as required by the City Charter. [SIGNATURE PAGE FOLLOWS] C: Users\BStatzer.PMGSUCCESS\AppData\Local Microsoft Windows\INetCache\Content.Outlook\ZK45R2WH 0 9-09-16 City Clean.docx 26 IN WITNESS WHEREOF, the Parties have executed this Lease Agreement to be effective as of the Effective Date defined above. LANDLORD: CITY OF CORPUS CHRISTI, a home -rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager Date: TENANT: SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation By: Name: ('_4-/7/ GN Title: deo . VLA-/ IP 7Jr Date: /6 oda�(o C:`Users\BStatzer.PMGSUCCESS\AppData',Local .'Microsoft.Windows' INetCache`,Content.Outlook\ZK45R2 WI 1`.0 9-09-16 City Clean.docx 27 EXHIBIT A SITE PLAN A-1 EXHIBIT B LEGAL DESCRIPTION [to be inserted] B-1 EXHIBIT C NOTICE OF ELECTION /3 , 2016 City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Re: Ground Lease dated /5 CP , 2016 ("Lease") by and between City of Corpus Christi ("Landlord") and SQH Sports & Entertainment, Inc. ("Tenant") Gentlemen: The undersigned is the Tenant under the Lease, and we are providing this notice to you that we have satisfied or waived all the contingencies set forth in Article 6 of the Lease to be satisfied before the expiration of the Inspection Period; provided, however, and notwithstanding the foregoing, the Tenant does not waive its right to terminate the Lease under Section 6.5 of the Lease. Capitalized terms not defined in this notice have the same meanings given to them in the Lease. By: Name: -2/1944 Title: g� Very truly yours, SQH SPORTS & ENTERTAINMENT, INC. do'? 1/ifeer„ c-1 EXHIBIT D MEMORANDUM OF LEASE Prepared By/Return To: R. Bryan Stone Porter Rogers Dahlman & Gordon, P.C. 800 N. Shoreline, Suite 800S Corpus Christi, TX 78401 STATE OF TEXAS MEMORANDUM OF LEASE )SS: COUNTY OF NUECES ) This Memorandum of Lease is made the _ _ day of , 2015, by and between CITY OF CORPUS CHRISTI, a home rule city, ("Landlord"), and SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation, ("Tenant"). RECITALS: For good and valuable consideration, Landlord has leased to Tenant and Tenant has leased from Landlord certain real property situated in Corpus Christi, Nueces County, Texas, and certain rights appurtenant thereto, more particularly described on attached Exhibit A ("Premises") pursuant to that certain Lease Agreement dated effective , 2016 (the "Effective Date"). The Lease provides for the following: 1. The Term of the Lease commenced on the Effective Date and will expire at midnight on the fortieth (40th) anniversary of the Effective Date as defined in the Lease. 2. Landlord and Tenant may mutually agree to extend the term for one (1) additional period of twenty (20) years. 3. Landlord agrees that from and after the Effective Date, Tenant may use the Land for the construction and operation of a Regional Youth Sports Complex and any and all purposes related thereto. This Memorandum is not a complete summary of the Lease. Provisions in this Memorandum shall not be used to interpret the provisions of the Lease, and, in the event of conflict between this Memorandum and the Lease, the Lease shall control. D-1 IN WITNESS WHEREOF, the Landlord has executed and delivered this Memorandum of Lease as of the date stated above. THE STATE OF TEXAS COUNTY OF LANDLORD: CITY OF CORPUS CHRISTI, a home -rule municipal corporation Attest: Name: Title: City Secretary CITY OF CORPUS CHRISTI By: Name: Title: City Manager § § § This instrument was acknowledged before me this day of , 2016, by of City of Corpus Christi, a home -rule municipal corporation, on behalf of said corporation. NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: D-2 IN WITNESS WHEREOF, the Tenant has executed and delivered this Memorandum of Lease as of the date stated above. THE STATE OF TEXAS COUNTY OF TENANT: SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation By: Narne: Ce a, i.- 4-n74N Title: This instrument was acknowledged before me this day of , 2016, by , of SQH SPORTS & ENTERTAINMENT, INC., a Texas corporation, on behalf of said corporation. NOTARY PUBLIC My Commission Expires: D-3 EXHIBIT E MORTGAGEE PROTECTION PROVISIONS "Collateral" shall mean: (i) the Lease; (ii) all or any part of Leasehold Interest, the Improvements; and/or (iii) fixtures or other items of personal property on the Premises; that are subject to a Mortgage. "Improvements" shall mean the Improvements, as such term is defined in the Lease. "Incurable Defaults" shall mean Events of Default that cannot be cured by the payment of money or through the exercise of reasonable diligence. "Lease" shall mean the Lease to which this Exhibit is attached. "Leasehold Interest" shall mean the rights, title, estate, and interests of Tenant: (i) under the Lease; and (ii) in and to the Premises. "Mortgage" shall mean: (i) a mortgage, pledge, or grant of security interest granted by Tenant in all or any part of: (A) the Lease; (B) all or any part of the Leasehold Interest, the improvements; and/or (C) fixtures or other items of personal property on the Premises; and/or (ii) a collateral assignment of the Lease and/or the Leasehold Interest. "Mortgagee" shall mean a holder of a Mortgage, and all successors and assigns of such holder. "Mortgagee Cure Period" shall mean the period that commences upon the Event of Default and expires on the date that is ninety (90) days after the later of: (i) the expiration of the applicable notice and/or cure period under the Lease or this Exhibit; or (ii) receipt of the Mortgagee Notice. "Mortgagee Notice" shall mean a copy of any notice or demand required or permitted to be made or delivered by Landlord to Tenant. "Mortgagee Remedies" shall mean: (i) obtaining possession of all or any part of the Collateral; (ii) obtaining a receiver for all or any part of the Collateral; (iii) foreclosing a Mortgage and effecting a foreclosure sale of all or any part of the Collateral; (iv) enforcing a Mortgage and effecting: (A) an assignment of the Lease and/or the Leasehold Interest; and/or (B) a transfer of all or any part of the other Collateral; or (v) otherwise acquiring and transferring all or any part of the Collateral. "Permitted Termination" shall mean a termination of the Lease in accordance with the terms and conditions of this Exhibit, after the rights of all Mortgagees under Sections 1 and 2 of this Exhibit have expired. "Replacement Lease" shall mean a replacement of the Lease entered into by and between Landlord and the Replacement Tenant upon: (i) the purported termination of the Lease by Landlord; and (ii) a request by the Replacement Tenant in accordance with the terms and conditions of this Exhibit; which lease shall be: (i) effective as of the date of the purported termination; and (ii) upon the same terms and conditions in effect under the Lease on the date of the purported termination. "Replacement Tenant" shall mean a Mortgagee that requests the execution of a Replacement Lease in accordance with the terms and conditions of this Exhibit, its designee, or the purchaser of the Lease and/or the Leasehold Interest at a foreclosure sale. 1. Mortgagee Rights. During all such times as there is a Mortgage outstanding, and until Landlord has received written notices from each Mortgagee that its Mortgage has been satisfied or otherwise released, the following terms and conditions shall apply: (a) Tenant or each Mortgagee shall deliver written notice to Landlord when a Mortgage becomes effective, which notice shall: (i) identify the Mortgagee with respect to such Mortgage; and (ii) set forth the notice address for the Mortgagee with respect to such Mortgage. (b) Landlord shall deliver to each Mortgagee, at its notice address and in accordance with the terms and conditions of the Lease, a Mortgagee Notice. No notice or demand delivered by Landlord to Tenant shall be effective, unless and until a Mortgagee Notice is served upon all Mortgagees in accordance with the terms and conditions of this Section. (c) If there is an Event of Default with respect to the failure to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of Default or cause the Event of Default to be remedied, until the date that is forty-five (45) days after the latest of: (A) the expiration of the applicable notice and/or cure period under the Lease; or (B) receipt of the Mortgagee Notice; and (ii) Landlords acceptance of performance by any Mortgagee as performance by Tenant. (d) If there is an Event of Default with respect to any obligation other than the failure to pay money, then: (i) each Mortgagee shall have the right to remedy the Event of Default or cause the Event of Default to be remedied until the expiration of the Mortgagee Cure Period; and (ii) Landlord shall accept performance by any Mortgagee as performance by Tenant. Notwithstanding any other term or condition of the Lease or this Exhibit, Landlord shall not exercise any of its rights and remedies under the Lease with respect to such Event of Default, if: (i) within the first sixty (60) days after receipt of the Mortgagee Notice, a Mortgagee notifies Landlord of its intention to cure the Event of Default; and (ii) within the first seventy-five (75) days after receipt of the Mortgagee Notice, the Mortgagee: (A) commences a cure of the Event of Default and diligently pursues such cure to completion; or (B) commences the exercise or pursuit of one or more of the Mortgagee Remedies, and: (1) after commencement of the exercise or pursuit of the selected Mortgagee Remedies, diligently exercises or pursues such Mortgagee Remedies; provided that, if the Mortgagee has commenced the exercise or pursuit of the selected Mortgagee Remedies within seventy-five (75) days after receipt of the Mortgagee Notice, and continues such exercise or pursuit, then, for a period of six (6) months after the date on which the Mortgagee commenced the exercise or pursuit of the selected Mortgagee Remedies, which period shall be extended as reasonably required by the Mortgage, such exercise or pursuit by the Mortgagee shall be deemed to be diligent; and (2) after obtaining or effecting the selected Mortgagee Remedies, commences a cure of the Event of Default and diligently pursues such cure to completion. The Mortgagee Cure Period shall be extended for the duration of any period when Landlord is prohibited under this Subsection from exercising its rights and remedies with respect to an Event of Default. 2. Replacement Lease. Notwithstanding anything to the contrary set forth in the Lease, if: (i) Landlord purports to terminate the Lease for any reason; and (ii) within ninety (90) days after the date of such purported termination, a Mortgagee requests that Landlord enter into a replacement lease with respect to the Premises, then Landlord shall enter into the Replacement Lease with the Replacement Tenant. Upon the execution of the Replacement Lease, the Replacement Tenant shall pay or cause to be paid to Landlord all amounts owing from Tenant to Landlord under the Lease, if any. Promptly after the execution of the Replacement Lease, the Replacement Tenant shall: (i) commence a cure of any other uncured Events of Default that can be cured: (A) by the payment of money; or (B) by the Replacement Tenant through the exercise of reasonable diligence; and (ii) diligently pursue such cure to completion; provided that the Replacement Tenant shall not be: (i) required to cure any Incurable Defaults; (ii) liable for or, with respect to, any Incurable Defaults; or (iii) liable for any damages, losses, or expenses (including, without limitation, attorneys' fees), incurred by Landlord in connection with any uncured Events of Default that existed before, or at the time of, the purported termination. If a Replacement Lease is executed, then, at the election of the Replacement Tenant: (i) the purported termination shall be deemed to be void and unenforceable, and shall have no force or effect as of the moment Landlord first acted to effect the purported termination; and (ii) the Replacement Lease shall be deemed to be a continuation and supplement of the Lease for all purposes. 3. Amendments. During all such times as there is a Mortgage outstanding, no amendment, modification, supplement, surrender, cancellation, or termination of the Lease shall be effective, unless all Mortgagees consent in writing to the amendment, modification, supplement, surrender, cancellation, or termination of the Lease; provided that a Permitted Termination shall be effective. Any attempted amendment, modification, supplement, surrender, cancellation, or termination of the Lease without the consent of all Mortgagees, other than a Permitted Termination, shall be void and unenforceable, and shall have no force or effect. If, in connection with any attempts by Tenant to obtain mortgage financing from a prospective mortgagee, such prospective mortgagee requires reasonable amendments, modifications, or supplements of or to the Lease as a condition to closing such financing, then Tenant and Landlord shall execute an lease amending, modifying, or supplementing the Lease as required by the mortgagee; provided that such amendments, modifications, or supplements shall not: (i) materially adversely affect Landlord, or the rights of Landlord under the Lease, in any material respect; or (ii) reduce any obligations of Tenant under the Lease in any material respect. 4. Default Cures. No term or condition of the Lease or this Exhibit shall be deemed to: (i) require any Mortgagee to satisfy any obligation of Tenant under the Lease, or cure any breach by Tenant of its obligations under the Lease; or (ii) otherwise make any Mortgagee liable for any such breach; except as expressly provided in Section 2 of this Exhibit after a Mortgagee becomes Regional Youth Sports Complex Lease Area STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 67.69 Acres of land out of the North 100 Acres of the Bertha Morgan Homestead Tract, Fractional Section D, Laureles Farm Tracts as Recorded in Volume 3, Page 15 of the Map Records of Nucces County, Texas. This 67.69 acre tract being more fully described by metes and bounds as follows: Beginning al a Found 1" Iron Pipe on the east boundary line of the F. V. Arnim 215.54 acre tract , said Section D, for the southwest corner of said north 100 acres of the Bertha Morgan Homestead Tract, being the southwest corner of this tract; Thence, North 18°04'02" East partially along the common boundary line of said F. V. Arnim Tract and the west boundary line of said Bertha Morgan Homestead Tract, at 1,574.61 feet pass a Found 3,,4" Iron Pipe, in all a distance of 2,149.63 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap set for the northwest corner of this tract; Thence, North 89°46'30" East a distance of 216.16 feet to a Point on the edge of a brush line; Thence, generally along said brush line the following courses and distances: South 14°51'15" East a distance of 46.96 feet, South 38°26'06" East a distance of 168.96 feet, South 52'59'11" East a distance of 325.99 feet, South 00°50'01" East a distance of 161.95 feet, North 89°08'32" East a distance of 842.19 feet to a 5/8 inch iron rod with City of Corpus Christi cap set for the northeast comer of this tract; Thence, South 06°08'29" West along the westerly boundary line of land of David L. Galloway as recorded in Volume 2207, Page 982 of the Deed Records of Nueces County, Texas, a distance of 634.09 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap; Thence, South 04°02'31" East continuing along the westerly boundary line of land of said David L. Galloway a distance of 122.30 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap; Thence, North 85°52'29" East continuing along the southerly boundary line of land of said David L. Galloway a distance of 68.05 feet to a Set 5/8 inch iron rod with City of Corpus Christi cap on the westerly right-of-way line of State Highway 286, a non -tangent curve concave to the southeast having a radius of 5,925.58 feet, a length of 77.76 feet, and a chord of South 18°16'00" West a distance of 77.76 feet; Thence, with said circular curve and said right-of-way an arc distance of 77.76 feet to a Point; Thence, South 17°53'29" West continuing along said right-of-way a distance of 709.98 feet to a Found 5/8 inch iron rod, being the southeast corner of this tract; Thence, South 89°15'39" West along the northerly boundary line of land of the Coastal Bend Community Foundation as recorded in Document Number 2012001980 of the Official Public Records of Nueces County, Texas, a distance of 1,870.98 feet to the Point of Beginning and containing 67.69 acres of land. C Uscrs numb [bammEsparkslicyinnaLSponsComplcx1Regi°nslSpertSwCecnplex.docc Pap 1 cr_ Bearings based on the Texas State Plane Coordinate System, South Zone, NAD 83 as per shoreline survey of a 308.99 Acre Tract by Davis Pyle RPLS 4700 dated 05x26,' 1993. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Oclis, a Registered Professional Land Surveyor, hereby certify (hat the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. This the 19'h day of July, 2016 oct Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 11, C :1Jscri ussd1o%Document, packs'RegionalSponsCamplcitRegionalSD wComplitx.daex Page. of: CITY OF CORPUS CHRISTI, TX DOC, #941343 ❑.P.R.N.C.T. 0 ku 411 0 Z. 4 N 89'46'30"E Y 21616' 46 96 jd\\NN S'j;T,1al0 0 14'51'15"E FOUND 3/4" IRON PIPE POINT OF BEGINNING FOUND 1" IRON PIPE. a) LEASE AREA BEARINGS ARE BASED ON THE TEXAS COORDINATE SYSTEM. SOIJTii ZONE. NAD 83 AS PER SHOREIJNE SURVEY OF A 305.99 ACRE TRACT BY DAVID PYLE RPLS 4700 DATED 05/26/1993. ❑S❑ CREEK DAVID L. GALLOWAY VOL. 2207, PG. 982 D.R.N,C.T, �L N89'08132"E 67,69 ACRES S8915' 3911,/ PL 1870.98' COASTAL BEND COMMUNITY FOUNDATION DOC. #2012001980 ❑.P.R,N.C.T. MAP TO ACCOMPANY FIELD NOTES. 300 0 300 600 MEMMEMMEMEMMMEM ■ ■ ■ ■ ■ MMENNIINNOM Scale In Feet 842.19' SET 5/8' IRON ROD SO4.02'31'E 122.30' N85.52'29'E 68.05' CHORD = S18.16'00'W 77.76' R = 5,925.58' L=77.76' •, • •1 �J NQ FOUND 5/8' IRON ROD, • ENTERED o - SET 5/8" IRON ROD. M.R.N.C.T. - MAP RECORDS OF NUECES COUNTY, TEXAS, LEASE AREA FOR REGIONAL YOUTH SPORTS COMPLEX OWNER: CITY OF CORPUS DOC. #941343 0.P.R.N.C.T. BEING A TRACT OF LAND CONTAINING 57.59 ACRES OUT OF THE NORTH 100 ACRES OF THE BERTHA MORGAN HOMESTEAD TRACT, FRACTIONAL SECTION D. LAURELES FARM TRACTS AS RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS OF NUECES COUNTY. TEXAS. 67.71 laCta CITY of CORPUS CHRISTI, TEXAS PUBLIC WORKS - ENGINEERING SURVEY ACTMTY - 351-826-3500 Data: MAVIS Aown By: R OL76 FJ..atod LTy G. heSWIM Project REGTON4L MIDI SPORTS COMPLEX Esc PRGLECTs>,.iM — VWWH SPORTS SHEET rOFL the Replacement Tenant; provided that, if there are multiple Mortgages outstanding, then only the Mortgagee that becomes the Replacement Tenant may be: (i) required to satisfy any obligation of Tenant under the Lease, or cure any breach by Tenant of its obligations under the Lease; or (ii) otherwise liable for any such breach; and then only to the extent of the express provisions set forth in Section 2 of this Exhibit. EXHIBIT F LEGAL DESCRIPTION OF OPTIONAL TRACT (To be provided by City) EXHIBIT G TENANT'S INSURANCE REQUIREMENTS (To be provided by City) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1011 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: 2016-115014 Date Filed: 09/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. SQH Sports & Entertainment 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 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. 111 Ground Lease agreement between City of Corpus Christi and SQH Sports & Entertainment, Inc. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary SQH Sports & Entertainment Inc. San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under of that the above disclosure is true and correct. SU AN YANG Notary Public, State of Texas aMy Commission expires October 31, 2018 130011253 penalty perjury, ID # Signature of authori nt of contracting business entity AFFIX Sworn NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said pl✓rt (� j ��_k- a [�j AO -loony `e3W+b\ this the Z day of S2. 14 (3i/t'. -. 20 l Y to certify which, witness my hand and seal of office. 54—aI/I' 4 5441A. ‘6.rj. Sr, P�5 A Bark/. Signature of o cer admini ter ng oath Printed name of officer administering Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM First Reading of an Ordinance for the City Council Meeting of Sept 20, 2016 Second Reading of an Ordinance for the City Council Meeting of October 18, 2016 DATE: August 9, 2016 TO: Margie C. Rose, City Manager FROM: Alyssa M. Barrera, Business Liaison AlyssaB(c�cctexas.com (361) 826-3356 Daniel McGinn, Interim Director, Development Services Department DanielMc(c�cctexas.com (361) 826-3595 Disannexation of CITGO Owned Property and Creation of new Industrial District Agreement CAPTION: Ordinance disannexing from the City of Corpus Christi, Texas, an approximately 54.35 - acre tract of land and an approximately 3.89 -acre tract of land, both owned by CITGO Refining and Chemicals Company, L.P., and located in Nueces County; adjusting the City boundaries; amending Ordinance No. 029958 by adjusting the boundary of the City's Industrial District No. 1 to include the disannexed tracts; authorizing the City Manager, or designee, to execute an industrial district agreement with CITGO Refining and Chemicals Company, L.P., requiring the payment in lieu of taxes in an amount equal to 100 percent of the ad valorem taxes that would be due if the tracts were in city limits, and to file the industrial district agreement in the official records of Nueces County; providing for publication; and providing for severance. PURPOSE: This item is a two-part action to disannex certain property owned by CITGO Refining and Chemicals Company, LP (CITGO), from the City and create an Industrial District Agreement (IDA) with CITGO for 100% Payment -In -Lieu -of -Taxes (PILOT). CITGO intends to invest $8 million in these properties over the next three years. BACKGROUND AND FINDINGS: In September 2013, the City Council approved a Master IDA with modifications to key financial provisions, including the removal of a clause regarding treatment of "contiguous property," in the City limits. Since the creation of the Industrial District in 1980, companies had acquired properties inside City limits, but the "contiguous property," clause created an avenue for operations to continue as though the property was in the Industrial District. Many of these properties were vacant, meaning the PILOT on land was the same as the taxes due on land in city limits. For the 2015 IDA, the clause was removed because as development continued and improvements were constructed on the properties, future PILOT would be lower at a rate. Removal of the "contiguous property" clause was agreed to by industry representatives during our 5 -month negotiation process, but the City did receive inquiries during the first billing cycle of the new IDA. One inquiry came from CITGO, who had begun planning construction of $8 million in improvements on vacant properties inside City limits (no longer subject to a "contiguous property," clause). These improvements include parking facilities, buildings and other support facilities, not heavy industrial improvements. CITGO provided written request to have the properties disannexed and included in their existing IDA. Another key provision in the 2015 IDA, the Most Favored Nations clause, states the City cannot offer any more favorable treatment to one landowner in the Industrial District. Thus disannexing the property to accommodate a lower PILOT on the improvements was not an option. CITGO has agreed to a 100% PILOT on Land and Improvements for the properties, and continuing to pay Business Personal Property at 100%. The subject properties are generally located between Poth Lane and Buddy Lawrence Drive and between IH 37 and Gibson Street. All of the properties are located within the boundaries of Industrial District No. 1 and, once disannexed the property will be subject to an executed IDA. (See attached) Following the 1st reading of this item, Staff has incorporated a provision in the IDA that restates the existing use limitations for the properties, established in the 1997 Oak Park Program Protocol Agreement. These changes provide clarity to the public that CITGO will still preserve the buffer intention of the properties. ALTERNATIVES: To deny CITGO's request for disannexation. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: Provide adequate and suitably -zoned land for both light and heavy Industries. (Corpus Christi Policy Statements, Land Use, Industrial a.) EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Development Services Business Liaison, Executive Departments FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: No budgetary impact as CITGO will pay a fee in lieu of property taxes equal to the amount of taxes required if the property was inside city limits. RECOMMENDATION: Approval LIST OF SUPPORTING DOCUMENTS: Ordinance — CITGO Disannexation / IDA 6B Site Maps - Disannexation Area Industrial District Agreement 6B - CITGO Presentation — CITGO Disannexation / IDA 6B ORDINANCE DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS, AN APPROXIMATELY 54.35 -ACRE TRACT OF LAND AND AN APPROXIMATELY 3.89 - ACRE TRACT OF LAND, BOTH OWNED BY CITGO REFINING AND CHEMICALS COMPANY, L.P., AND LOCATED IN NUECES COUNTY; ADJUSTING THE CITY BOUNDARIES; AMENDING ORDINANCE NO. 029958 BY ADJUSTING THE BOUNDARY OF THE CITY'S INDUSTRIAL DISTRICT NO. 1 TO INCLUDE THE DISANNEXED TRACTS; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH CITGO REFINING AND CHEMICALS COMPANY, L.P., REQUIRING THE PAYMENT IN LIEU OF TAXES IN AN AMOUNT EQUAL TO 100 PERCENT OF THE AD VALOREM TAXES THAT WOULD BE DUE IF THE TRACTS WERE IN CITY LIMITS, AND TO FILE THE INDUSTRIAL DISTRICT AGREEMENT IN THE OFFICIAL RECORDS OF NUECES COUNTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERANCE. WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the " City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues and to authorize new industrial district agreements to replace those that were about to expire, the City of Corpus Christi has enacted Ordinance No. 029958, approved September 17, 2013, which reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area Page 1 of 4 No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts;" and WHEREAS, CITGO Refining and Chemicals Company, LP ("CITGO") wishes to have certain parcels that it owns added to an Industrial District Agreement ("IDA") with the City in order to have consistent regulations governing its adjacent property inside the current boundaries of Industrial District Number 1 ("ID1"); and WHEREAS, in order to add the parcels owned by CITGO to ID1, the City must disannex these parcels from the City boundaries, as authorized by Texas Local Government Code Section 43.142 and Article 1, Section 2 of the City Charter, and adjust the boundaries of ID1 to include those parcels; and WHEREAS, CITGO has agreed to enter into an IDA pertaining to the parcels that will commit to paying 100 percent of ad valorem taxes that would be due for the parcels were they inside city boundaries, and the City Council has determined that this arrangement would best serve the public's health, necessity, and convenience and the general welfare of the City and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. SECTION 2. An approximately 54.35 -acre tract of land owned by CITGO and located in Nueces County is disannexed from the City of Corpus Christi, Texas city limits and boundaries depicted and described in the attached Map and Metes and Bounds Describing Tract A. SECTION 3. An approximately 3.89 -acre tract of land owned by CITGO and located in Nueces County is disannexed from the City of Corpus Christi, Texas city limits and boundaries depicted and described in the attached Map and Metes and Bounds Describing Tract B. SECTION 4. The boundaries of the City of Corpus Christi, Texas are adjusted to exclude that property comprising the above referenced tracts of land. SECTION 5. Ordinance 029958, is amended by replacing that portion of Exhibit A of Ordinance 029958, which lays out the boundaries of Industrial District No. 1, with the attached Map and Metes and Bounds Showing the Boundary of Industrial District No. 1. That portion of Exhibit A laying out the boundaries of Industrial District No. 2 shall remain the same. Ordinance 029958 as amended is re -authorized. SECTION 6. The City Council approves and authorizes the City to enter into the attached Industrial District Agreement No. 6B with CITGO, which requires CITGO to pay as a Page 2 of 4 payment in lieu of taxes an amount equal to 100 percent of the ad valorem taxes that would be due for the two tracts were they inside the city boundaries, and to file such agreement in the official records of Nueces County. The City Manager, or designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. SECTION 7. If Section 5, Section 6, or the attached Industrial District Agreement No. 6B is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, then this ordinance shall be void and no longer in effect. If any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 8. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 3 of 4 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 Page 4 of 4 Disannexation & New Industrial District Agreement with CITGO Petroleum Proposed Ordinance to Disannex Land and to Place the Land in Industrial District No. 1 Council Presentation October 18, 2016 Industrial District 2 Payment in Lieu of Taxes Existing Industrial District Agreement • Land - 100% PILOT • Improvements — 0% PILOT Year 1-4 62.5% PILOT Year 5+ • Business Personal Property— 0% PILOT Proposed CITGO Industrial District Agreement • Land - 100% PILOT • Improvements - 100% PILOT • Business Personal Property - 100% PILOT Aerial Overview EXHIBIT A GOVIND DEVELOPMENT, LLC. CITGO 57.45 ACRE N5 3.90 ACRE TRACT NUECES COUNTY MIAS ENT 1 4 City Limit Boundaries Proposed Disannexation OCL / h ICL • .frr UPRIVER TO 012)FIIII • T'b G A OCL ViVAISI `_���-_�-- Feet ICL ICL = Inside City Limits OCL = Outside City Limits — Disannexation Boundary Proposed Disannexation Area Including Street Right -of -Way Tract A: 54 Acres Tract B: 4 Acres OCL TRACT OCL t N 5 Concerns Regarding Usage of the Site • CITGO's Planned Improvements • Turn Around Parking • Additional Truck Yard • Cafeteria / Recreational Facility • Warehouse • Fabrication Yard • Firewater Tank • City Retained Buffer along 1-37 • Oak Park Program Protocol Agreement —1997 Oak Park Program Protocol Agreement 1997 "C. CITGO's Use of the Program Area Property 1. CITGO agrees not to locate any Hydrocarbon Processing Units in the Oak Park Program Area 2. The Class Members agree that the several block area bounded on the North by Gibson, on the west by Poth Lane, on the south by Huisache and on the east by Retama can be used for Environmental Units, Cogeneration Units and Tankage. The Program Area outside this bounded area can be used for additional turning space for a truck terminal, for warehousing and for storage facilities of a non -hazardous nature, provided that there will be no Environmental Units, Cogeneration Units or Tankage in that area. Class Members agree not to oppose the Settling Defendant's efforts to have the area rezoned to accommodate these and other similar uses. " Excerpt pg 20 of Oak Park Program Protocol Agreement, September 29, 1997 Conditions for Usage • • No Hydrocarbon Processing Units • No Environmental Units, Cogeneration Units or Tankage • Fire Station, Agreed to No Environmental Units, Cogeneration Units or Tankage • Environmental Units, Cogeneration Units and Tankage Allowed Ru#cr Rtmminc in rite, 1 imite 8 Proposed Amendment to IDA Section 1.025 Oak Park Program Protocol Limitation. A. For purposes of this provision, the following terms have the following definitions: 1. Cogeneration Unit. A facility or boiler dedicated to the creation of steam. 2. Environmental Unit. A facility dedicated to meeting or assisting in meeting federal and state environmental quality standards or federal or state environmental permit limitations including, inter alia, sulfur recovery systems. 3. Tankage. Storage facilities for crude or processed hydrocarbons. B. COMPANY covenants and agrees that during the term hereof, COMPANY will not locate any facilities dedicated to the processing and refining of hydrocarbons on any of the Land covered by this Agreement other than Cogeneration Units, Environmental Units, or Tankage that are located in the area bounded on the north by Gibson, on the west by Poth Lane, on the south by Huisache, and on the east by Retama. Questions? INDUSTRIAL DISTRICT AGREEMENT NO. 6B THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and CITGO Refining and Chemicals Company, LP, a Delaware Corporation, Land and Improvements Owner, hereinafter collectively called the "COMPANY." WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. 1 NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY further covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land, Improvements, and personal property covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non -industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land, Improvements, and/or personal property covered by this Agreement for purposes not included within the term "industry" as defined above, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to one hundred percent (100%) of ad valorem taxes on Land, Improvements, and personal property. Section 1.025 Oak Park Program Protocol Limitation. A. For purposes of this provision, the following terms have the following definitions: 1. Cogeneration Unit. A facility or boiler dedicated to the creation of steam. 2. Environmental Unit. A facility dedicated to meeting or assisting in meeting federal and state environmental quality standards or federal or state environmental permit limitations including, inter alia, sulfur recovery systems. 3. Tankage. Storage facilities for crude or processed hydrocarbons. B. COMPANY covenants and agrees that during the term hereof, COMPANY will not locate any facilities dedicated to the processing and refining of hydrocarbons on any of the Land covered by this Agreement other than Cogeneration Units, Environmental Units, or Tankage that are located in the area bounded on the north by Gibson, on the west by Poth Lane, on the south by Huisache, and on the east by Retama. 2 Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to peimit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned facilities. Section 1.07 Definitions. A. City. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. 3 C. Existing Improvements. In use prior to January 1, 2015. D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements and New Improvements. F. Industrial District. The industrial districts created pursuant to Ordinance No. 029958, as amended, a copy of which is attached hereto as Exhibit C and incorporated herein by reference. G. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. H. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. I. Market Value. As determined and defined by NCAD. J. NCAD. The Nueces County Appraisal District and includes its successors and assigns. K. New Improvement. Improvement which was not in use prior January 1, 2015. L. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress (CWIP). Article 2 Section 2.01 Term. The term of this Agreement shall be no more than ten (10) years beginning on the date on which the de -annexation ordinance regarding the subject property becomes effective, and continuing until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the term. 4 Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property) located on the Land equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. C. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the New Improvements which would otherwise be payable to the CITY by the COMPANY if said New Improvements were situated on land within the CITY limits. D. Personal Property. An amount in lieu of tax on personal property equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the Market Value of the personal property which would otherwise be payable to CITY by COMPANY if the personal property were situated on land within the CITY limits. E. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number of the newly acquired land. F. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land, 5 Improvements, and personal property, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land, Improvements, and personal property as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or Billing. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in 6 good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15% x City Tax Rate = Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Article 4 Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land, Improvements, and personal property which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land, Improvements, and personal property which may be foreclosed in 7 the event of such uncured default (1) judicially or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 8 Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases all or a portion of the Land or Improvements to an entity 9 that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended. Article 9 Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. 10 Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the parties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City: With copies to: Ms. Margie C. Rose City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3220 Fax: 361-826-3845 City of Corpus Christi -City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3105 Fax: 361-826-3113 City of Corpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-826-3360 Fax: 361-826-3239 If to Company: CITGO Refining and Chemicals Company, LP 1802 Nueces Bay Blvd. 11 With copies to: Corpus Christi, Texas 78407 Phone: 361-844-4633 Fax: 361-844-4853 CITGO Refining and Chemicals Company, LP Debra Gibson — N4073 P.O. Box 4689 Houston, Texas 77210 Phone: 832-486-4322 Fax: 832-486-1828 Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants and conditions contained herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 ENTERED into this day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Margie C. Rose, City Manager LEGAL FORM APPROVED 131-11 of Ckiv bec� , 2016 Com,:., Aed‘ Aimee Alcorn -Reed Assistant City Attorney FOR CITY ATTORNEY CITY OF CORPUS CHRISTI ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2016, by Margie C. Rose, City Manager of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas Printed Name: My Commission expires: 13 ATTEST: Name: -y - Title: ...5 -re LAND & IMPROVEMENTS OWNER CITGO Reg and,Cher}u'cals Company, LP By: Name: Art Klein Title: Vice President & General Manager LAND & IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF � § COUNTY OF JLt s § This instrument was acknowledged before me on ( 3 day of by Arthur G. Loudon, as the Vice President & General Manager of CITGO Refining and Chemicals Company, LP, a Delaware Corporation, on behalf of said corporation. Given un sr my hand and seal of office this ) 3 day of Ceiv GOA) , A.D., 2914 Notary Printed My Co bli , State o 'ssion expires: 14 r 1111J -All.- _ , JANIE GONZALEZ My Commission. Eras July 19. 2017 ------ --..R EXHIBIT A Geographic ID Number Designated By Nueces County Appraisal District Notes Nueces County Appraisal District Geographic IDs and Legal Descriptions Exhibit A Industrial District Agreement #6B CITGO Geographic ID ID Type Legal Description Submitted by Co. 2892-0001-0010 2892-0002-0010 3191-0002-0010 68 Outside Land 68 Outside Land 1011 6B Outside Land GRACE HTS LT1 BK GRACE ITS LTS 1 THRU 12 BK 2 HARBOR VIEW ESTS LTS 1 THRU 10 BLK B 3191-0004-0160 68 Outside Land 3191-0008-0010 !` 6B Outside Land 111111 3191-0011-0010 68 Outside Land Be 5933-0000-0000 68 Oustide Ladd 5933-0002-0010 6B Outside Land f. eaasn t 11111 HARBOR VIEW ESTS LTS 16 TI -IRU 33 BLK 0 HARBOR VIEW ESTS LTS 1THRU 33 MX HARBOR VIEW ESTS LIS 1 TORU 50 BLK K VII -It 1t, It OAK LAWN STREET CLOSURES IN THE NE PART OF ABS #1,14.9147 ACS OAK LAWN LTS 1 THRU 14 BK • . `\ :..". F .. •._ :Ae �I ' ... keii ilii • 5933-0004-0040 'i 6B Outside Land a ea is 5938-0015-0010 68 Outside Land 5938-0017-0010 68 OUtside Land OAKLAWN LTS3THRU19 BK4 OAK PARK LTS 1 THRU 12 BK 15 OAK PARKLTS 1THRU4 Sill ,&12BK17 EXHIBIT B Schedule of Value CITY OF CORPUS CHRISTI INDUSTRIAL DISTRICT SCHEDULE OF VALUE Company Name: Contact Name: Telephone: Address: Address: Contract Number As of 1/1/ 2015 Due 8/31/ 2015 Geographic ID asaamtssannaor ismasssss-tomo Description Land Total Pre 2007 2007 2008 2009 2010 2011 2012 2013 2014 Total _ - 1, a duly authorized official of the above company, do swear that the information provided is accurate to the best of my knowledge. Email Signature of Authorized Official Printed Name Sworn to and subscribed before me by on this day of 20 . (Personalized Seal) Notary Public's Signature Date Authorized Official's Title 1 of 1 EXHIBIT C City Ordinance Creating Industrial Districts AN ORDINANCE AUTHORIZING THE REESTABLISHMENT OF LAND AREAS LOCATED WITBIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OF THE CITY COUNCIL; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE INDUSTRIAL DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS PROPERTY OWNERS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE C1TY WHEREAS, under Texas Local Government Code Chapter 42, Subchapter 42.044, the Governing body of any city has the right, power and authority to designate any part of the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time to time as such governing body may deem to be in the best interest of the City; and 'WHEREAS, included in such rights and powers of the governing body of any city is the permissive right and power to enter into written agreements with the owner or owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status of such land, and immunity from annexation by the city for a period of time, and other such terms and considerations as the parties might deem appropriate; and WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein as being in the best interest of the City and its citizens; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved November 26, 1980, as amended, indicating its willingness to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, the City Council desires to reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1" and "Industrial District No. 2"; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. The findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as a part of this Ordinance. `,45 INDEXED SECTION 2. Industrial District 1 and Industrial District 2 are herby established as described in Exhibit A attached hereto and incorporated herein. SECTION 3. The City may create new Industrial Districts, and expand or diminish the size of any Industrial District and the City hereby reserves all rights and powers it may have or acquire to revoke in whole or in part the creation of all or any part of an Industrial District, except to the extent that it has agreed not to do so in any industrial district agreement. SECTION 4. The City Council approves and authorizes the entering of contractual obligations with property owners in within the extraterritorial jurisdiction of the City in substantially the form as shown in the document which is attached hereto and incorporated herein as Exhibit B. The City Manager, or his designee, is hereby authorized to execute such documents and all related documents on behalf of the City of Corpus Christi, The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. ATTEST: 'I HE OF CORPUS CalUSTI Armando Chaps Nelda Martinez City Secretary Mayor tibe the That l O_day of g Nelda Martinez Kelley Allen Rudy Gama Priscilla Leal David Loeb d for the first time and passed to its second reading on this y the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That the • • ing orrdin ndi was read for the second time and passed finally on this the I I day of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED, this the 11 th day of ATTEST: (61'nfl"2n. Armando Chapa Nelda Martinez City Secretary Mayor 029958 EXMBIT A Boundaries of Industrial District 1 and Industrial District 2 Corpus Christi Industrial District No. 1 Approximately 9,775 Acres within Nueces County, Texas, outside the city Emits of the City of Corpus Christi and generally bounded on the sauttmest by the northeast right-of=way of Interstate Highway No. 37, on the north by the south shoreline of the Hueces River and Nueces Bay, on the West by the East right-of-way of Carbon Plant Road (Joe Fulton Corridor) from Interstate Highway No. 37 to McKlnzk Lane and the north right-of-way of Mcklnzk Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison Wastewater Treatment Plant and atom the east property line of the City's Allison Wastewater plant from McKlnzie Lane to the Nueces River. 1) BEGINNING at the northeast comer of Tract "B", Nueces View Tracts as recorded kk Volume 28, Page 64 of the Map Records of Nueces County, TX , same being the northeast corner of the City's Allison Wastewater Treatment Plant; 2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest comer of Block 1, Lot 150 of the Porto Bello Subdivision as recorded in Volume 47, Pages 144-145 of the Map Records of Nueces County, Texas; 3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the southwesterly corner of Lot 1, Block 1; 4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City limits of the city of Corpus Christi; 5) THENCE southwesterly along said City Limit line to a point where the centerllne of Avenue "P' intersects the northerly right-of-way sine of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of Lot 1, Block 174 of the Brooklyn Addition as recorded In Volume A, Page 32 of the Map Records of Nueces County, Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly comer of tot 11: B) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly comer thereof; 9) THENCE northeasterly along the northwesterly right-of-way line of Avenue "H" to a paha on the northerly boundary line of a 6.19 Acre Tract of land known as Tract "A' of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract "A" to the northwesterly corner thereof; 11) THENCE southwesterly along the westerly boundary of said Tract "A" and the continuation thereof to the southerly right-of-way of Burleson Street; 12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue "F"; 13) THENCE southwesterly along the centerHte of said Avenue "F" and the extension thereof to a point on the original Gty limit line as surveyed by C. F. H. Von Blucher in August, 1883; 14) THENCE westerly along said original City Limit line to the northwest corner thereof 15) THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre tract annexed by City Ordinance tl022441; 163 THENCE around said 13.602 acre tract: 531'41'45'W a distance of 125754' to a point on the northwesterty right-of-way line of the Missouri Politic railroad; 561°27'47"E along said right-of-way a distance of 290.36' 561623'34"E continuing along said right-of-way a distance of 175.07' 531°15'00"W crossing said right-of-way a distance of 130.06' to a point; 561'23'30"E a distance of 8735' to a point; 531°41'45'W a distance of 159.95' to a point; 5S8618'15"E a distance 01416.24' to a point on saki original City Limits; 17) THENCE southerly continuing along saki original City Limit line to the north comer of a 0.0018 acre tract annexed by City Ordinance 4022441; 18) THENCE around said 0.0018 acre tract: 527'34'3(rW a distance a f 16.58' to a point; 558'18'14"E a distance of 9.37' to a point an said original City !knits; 19) THENCE southerly continuing along said original City limit line to a paint an the northwesterly right-of-way 6ne of Nueces Bay Boulevard; 20) THEN' southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly comer of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records of Nueces County, Texas; 21) THENCE around said Tract 1: N556SS'12NW a distance of 300.09' to a point at the northerly comer thereof, 531°15'00"W a distance of 171.81' to an angle point therein; 534°59'12"W a distance of 98.43' to a point at the westerly comer thereof, being on the northeasterly boundary line of the Baymoor Addition as recorded In Volume 4, Page 42 of the Map Records of Nueces County, Texas; 22) THENCE northwest along the northeasterly boundary line of said 8aymoar Addition to the northwest comer of Lot 205, same point beim a northerly comer of Tract "H" of the Pontiac Tracts as recorded M Volume 55, Page 135 of the Map Records of Nueces County, Texas; 23) THENCE 522°42'30'W along said Tract "H" a distance of 31.49' to an angle point therein; 24) THENCE northwesterly crossing Buddy Lawrence Drive and Oak Park Avenue to a point on the northeasterly boundary line of Lot 7, Block 2 of Oak Lawn Addition as recorded in Volume 5, Page 27 of the Map Records of Nueces County, Texas, same point belng at the southeast terminus of Naokes Sheet as shown on Plat of HarborView Estate recorded In Volume 5, Page 48 of the Map Records of Nueces County, Texas; 25) THENCE northeasterly along the easterly boundary line of said Harbor View Estates to the northeasterly corner thereof 26) THENCE northwesterly eking the northerly boundary line of said Harbor View Estates and the extension thereof, partially along the center#ne of Gibson Street, to a point on the west right-of- way line of Poth Lane; 27) THENCE northeasterly along the west right-of-way line of Poth Lane to the northeasterly corner of land of Magellan Terminal Holdings, LP as described in documents 82004020907 and 41999033783 of the Official Public Records of Nueces County, Texas; 28) THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to a point on the southerly right-of-way $ne of the Missouri Padfic Railroad; 29) THENCE southwesterly along said southerly right-of-way Nne to the northwesterly boundary Nne of said Magellan Terminal Hollings, LP to a point; 30) THENCE southwesterly along the westerly boundary Ilene of said Magellan Terminal Holdings, LP to a point where the northwesterly boundary line of Country Club Place as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, meets the northerly right-of-way line of Interstate Highway 37; 31) THENCE northwesterly along said northerly right-of-way to Its intersection with the northeasterly right-of-way line of Up River Road (Shell Road); 32) THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly corner of Lot 3, Navigation Heights Annex 43 as recorded in Volume 40, Page 119 of the Map Records of Nueces County, Texas; 33) THENCE around said Lot 3: N36°1710"E a distance of 177.95' to a point at the northeasterly corner thereat N53'38'30"W a distance of 186.97' to the northwesterly comer thereof•, 516 33'30'W a distance of 17657' to the northeasterly right-of-way of Up River Road; 34) THENCE northwesterly along said northeasterly right-of-way line of Lip River Road to the easterly right-of-way line of Cantwell Lane; 35) THENCE northeasterly along said easterly right-of-way to its Intersection with the extension of the northerly boundary Una of a 3.37 Acre tract of land out of Share 3A of the Kaier Tract "D" (uruecorded plat) 36) THENCE northwesterly across said right-of-way and along the northerly boundary line of said 337 Acre Tract (tax 1D3875.0003-0140) to the northwesterly corner thereof, 37) THENCEsouthwesterty along the westerly boundary line of said 337 Acre Tract and of Share 2A, F. H. Kaley Partklon as shown on plat thereof recorded lo Volume 9, Page 58 of the Map Records of Nueces County,Texas, to a point on the northeasterly right-of-way line ofUp River Road; 38) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly extension of a right-of-way to a 1 Acre tract of land out of Lot 1, Block 1, Coastal Javelloa Addition as recorded lo Volume 54, Page 56 of the Map Records of Nueces County, Texas, said 1 Acre tract described by metes and bounds In City Ordinance 11028451; 39) THENCE southwesterly across sald Up River Road and along saki easterly right-of-way line to the north boundary line of said 1 Acre tract (not platted, see tax ID 1661-0001-0012 and Document 112013013372 of the Official Publlt Records of Nueces County, Texas); 40) THENCE easterly, southerly, westerly, and northerly around said 1 Acre tract to the southerly right-of-way serving said tract; 41) THENCE westerly along said southerly right-of-way line to the west boundary tine of said Lot 1, Block 1; 42) THENCE northeasterly along said west boundary line of saki Lot 1, Biodc 1 and the extension thereof to a paint on the northeasterly right-of-way tine of Up River Road; 43) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way fine of County Road S2A; 44) THENCE southwesterly across sald Up River Road and along said westerly right-of-way line of County Road S2A to its terminus; 45) THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohler Tract of the Dunn Tract and described In Document 112004014391 ad* Official Public Records of Nueces County, Texas. to a point on the northwesterly boundary line of Block 8, Academy Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of Nueces County, Texas, 46) THENCE southwesterly along sald northwesterly boundary line of Acaderny Heights Unit 1 and along the northwesterly boundary line of Academy Heights Unit 2 as recorded In Volume 42, Page 188 of the Map records of Nueces County, Texas to a point on the northerly right-of-way line of Interstate Hlghway37; 47) THENCE northwesterly along said right-of-way line of interstate Highway 37 to the southeasterly boundary line of Lot 1, Block 3 of the interstate Industrial Camphor as recorded In Volume 32. Page 36 of the Map Recoded of Nueces County, Texas; 48) THENCE around sald Lot 1: N00439'47"E a distance of 300.00' to a point at the northeasterly comer thereof; Nanr25"W a distance of 519.65' to the northwesterly corner thereof; 500°44'41"W along the east right-of-way of Com Products Road a distance of 200.00' to the northerly right-of-way of interstate Highway 37; 49) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way line of interstate tOghway 37 to the southwesterly boundary One of tot 15. Block 1 of the Interstate Industrial Complex Unit 1 as recorded In Volume 34, Page 24 of the Map Recoded of Nueces County, Texas; 50) THENCE northwesterly along the east right-of-way fine of Complex Boulevard to the southwesterly boundary One of tat 16, Block 1 of said Interstate Industrial Complex; 51) THENCE northeasterly along the southeasterly boundary One of said Lot 16 to the southeast corner thereat; 52) THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19; 53) THENCE westerly along said midpoint of tot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 54) THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of-way of Interstate Highway 37; 55) THENCE northwesterly along said right-of-way One of interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 56) THENCE northerly along the east right-of-way One of Southern Minerals Road to the southerly right-of-way line of Up River Road; 57) THENCE southeasterly along the south right-of-way fine of Up River Road to the northwesterly comer of Lot 1, Skid 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52, Page 03 of the Map Records of Nueces County, Texas; 58) THENCE around sald Lot 1: 501626'W a distance of 437.96' to a point at the southwesterly comer thereof; 554°44'45"E a distance of 172.72' to the southeasterly corner thereof; N01526'W a distance of 507.96' to a point on the south right-of-way One of Up River Road; 59) THENCE southeasterly along the south right-of-way lire of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described In Document 11200100777 of the Officiai Public Records of Nueces County, Texas; 60) THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a point on the north right-ofway thereof; 61) THENCE northwesterly along the north right-of-way lire of Up River Road to its intersection of the west right-of-way One of Southern Mkrerals Road; 62) THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 63) THENCE northwesterly along said right-of-way One of Interstate Highway 37 to the southerly corner of Lot7, Block 1, Goldston Addition as Recorded in Volume 55, No 87 of the Map Records of Nueces County, Texas; 64) THENCE around said tot 7 northerly, westerly, and southerly to a point on the north right-of- way One of Interstate Highway 37; 65) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way line of Hunter Road; 66) THENCE northerly along the east right-of-way One of Hunter Road to the southwesterly comer of a tract of land described In Document 62012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272.0100-0300); 67) THENCE easterly along the south boundary One of said tract to the southeast corner thereof, 68) THENCE northerly along the east boundary line of said tract and along the east boundary One of a tract of land described in Document 02012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100.0200) 69) THENCE northwesterly and westerly along the north boundary One of said tract to the east right- of-way line of Hunter Road; 70) THENCE northerly along the east right-of-way One of Hunter Road to Its Intersection with the south right-of-way line alio River Road; 71) THENCE southeasterly along the south right-ofway line of Up River Road to the northwest comer allot 3, P. V. Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces County, Texas; 72) THENCE southwesterly along the west boundary One of said Lot 3 to the southwest corner thereof, 73) THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary linear a tract of land described in Document 02012022560 of the Offlclai Public Records of Nueces County, Texas (Tax m0272-0100-0000); 74) THENCE easterly along the southerly boundary Line of boundary line of a tract of land described in Document 112012022560 of the (Vidal Pubkc Records of Nueces County, Texas (Tax ID 0272- 0100-0400); 75) THENCE northerly along the east boundary (Inc of said tract and crossing Up River Road to a paint on the north right-of-way thereof; 76) THENCE northwesterly along the north rlght-of-way line of Up River Road to its intersection of the west right-of-way line of Hunter Road; 77) THENCE southerly crossing Up River Road and along the west right -or -way line of Hunter Road to its intersection with the north right-of-way line of Interstate Highway 37; 78) THENCE northwesterly along said right-of-way line of interstate Highway 37 to the southeast corner of Lot 1, Block 1, Hunter industrial Park as recorded in Volume 43, Page 128 of the Map Records of Nueces Comity, Texas; 79) THENCE northerly along the east boundary line of said Lot 1 to Its Intersection with the south right-of-way line of Up River Road; 80) THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west right-of-way line of Suntide Road; 81) THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 82) THENCE southeasterly crossing Suntide Road to the Intersection of the east right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 83) THENCE northerly along the east right -at way line of Suntide Road to the southwest comer of an unpiatted tract of land described in Document #946716 of the Official Public Records of Nueces County, Texas (Tax 10 0267.0002.0000); 84) THRICE around said tract easterly, northerly, and westerly crossing Suntide road to a point on the west right-of-way line thereof; 85) THENCE southerly along the west right of-vvay line of Suntide Road to the northeast corner of West End Heights as recorded to Volume 15, Page 4 of the Map Records of Nueces County, Texas; 86) THENCE around said West End Heights: 589'35'W a distance of 574.53' to a point at the northwest corner thereof; 500'25'E a distance of 927.92' to the southwest corner thereof, being on the northeast right-of- wayof Up River Road; 87) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unpiatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946.0000-3715); 88) THENCE southerly, crossing said Up River Road, and along the east boundary tine of saki unpiatted tract to the southeast corner thereof; 89) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #978850 of the Official Public Records of Nueces County, Texas (Tax ID 79460000-3710) to the southwest corner thereof; 90) THENCE northerly along the west boundary line of said tract and the east boundary fine of Tuloso Road Subdivision as recorded in Volume 13, Page 23 of the Map Records of Nueces County, Texas to the northeasterly comer thereof, 91) THENCE northeasterly crossing Up River mad to the southeasterly corner of an unpiatted tract of Land described in Document 82010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266.0040-0100) to the southeast comer thereof, 92) THENCE northwesterly along the northeasterly right-of-way of Up River Road to Its intersection with the northerly extension of the westerly right-of-way of Tuloso Road; 93) THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1, Block 1, Covfngtan Industrial Tracts recorded In Volume 46, Page 12 of the Map Records of Nueces County, Texas; 94) THENCE around said Covington Industrial Tract: 500°03'14'W along the westerly right-of-way line of Tuloso Road a distance of 487.74' to a point at the southeasterly corner thereof; N66808'W a distance of 363.81' to the southwesterly corner thereof N00°03'14"E a distance of 505.18' to a point on the southeasterly right-of-way of Up River Road; 95) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described In Document 82010040428 of the Official Public Records of Nueces County, Texas (Tax ID 79460000-3920); 96) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 97) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unptatted tract of land described in Document 82010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-0410) to the southwest corner thereof; 98) THENCE southerly along the easterly boundary line of an unplatted tract of land descrthed in Document 82004031460 of the OfftcIat Public Records of Nueces County, Texas (Tax ID 7946- 0000.3641) to the southeast comer thereof; 99) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unptatted tract to the southwesterly comer thereof; 100) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document 12004031460 of the Official Pub fic Records of Nueces County, Texas (Tax ID 7946.0000.4030) to the northwest corner thereof; 101) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document 12007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946.0000.3505k 102) MINCE southerly along the easterly boundary Nne of said unplatted tract to the southeast corner thereof; 103) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary Nne of said unplatted tract and of an unplatted tract of land described In Document 112007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3510) and ofan unplatted tract of land described in Document 112010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0011) to the southwest corner thereof; 104) THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described In Document 112010040428 of the Offidal Pubk Records of Nueces County, Texas (Tax ID 8057-0000-0100) and ofan unplatted tract of land described In Document 112010040428 of the Official Pubk Records of Nukes County, Texas (Tax ID 8057- 0000-0010) to the northwest corner thereof; 105) THENCE northeasterly crossing Up River Road to a paint on the westerly right-of-way Ike of Renfrew Lane; 106) THENCE northeasterly along the westerly right-of-way line of said Redraw Lane to Its hrtersection with northeasterly comer of an unplatted tract of land described lo Document 112010040428 of the Official Publk Records of Nueces County, Texas (Tax ID 0271-0042-0000); 107) THENCE westerly, southwesterly, northwesterly, and southwesterly to a point on the northeast right-of-way of Up River Road; 108j THENCE northwesterly along the northeast right-of-way Eine of Up River Road to the southeasterly corner of Lot 1, Sock 1, Tecolote Tract as recorded In Volume 55, Page 100 of the Map Records of Nueces County, Texas; 109) THENCE northerly along the east boundary tine of said Lot 1 to the southwesterly comer ofan unplatted tract of land described In Document 112010040428 of the Offtdal Public Records of Nueces County. Texas (Tax ID 0266.0140-0100); 110) THENCE easterly, northeasterly, westerly and southerly to the northeast corner of said Tecotote Tract 111) THENCE northwesterly along the northerly boundary Ike of said Tecolate Tract and an unplatted tract of lanai described In Document 02010040428 of the Official Pubk Records of Nueces County, Texas (Tax ID 0266-0010-0305) to the northwest corner thereof, 112) THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right-of-way of Up River Road; 113) THENCE northwesterly along the northeast right-of-way line of Up River Road to its Intersection with the westerly right-of-way line of Heams Ferry Road; 114) THENCE northwesterly along the southwest right-of-way line of Hearns Fent' Road to the northeast corner of tat 7, Awkerman Garden Lots as recorded In Volume 4, Page 38 of the Map Records of Nueces County, Texas; 115) THENCE southerly along the easterly boundary Itne of said Lot 7 to a point on the northeast right-of-way Itne of Up River Road; 116) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner of Lot 6 of said Awkerman Garden Lots; 117) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Hearns Ferry Road; 118} THENCE northwesterly along the southwest right-ot wayline of Heams Ferry Road to the northerly boundary tine of the said Awkerman Garden lots; 119) THENCE westerly along the north boundary tine of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-of-way line of Up River Road where it meets interstate Mghway 37; 118) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary One of an unpiatted tract of land described in Document 12010040428 of the Official Pubik Records of Nueces County, Texas (Tax ID 0268-0090.0500); 121) THENCE around said unplatted tract northerly, northwesterly, southwesterly, and southerly to a point on the northeasterly right-of-way of interstate Highway 37; 122) THENCE northwesterly along the northeast right-of-way One of Interstate Highway 37 to the southeasterly boundary line of an unplattad tract of land descrtbed in Document 12008047494 of the Official Public Records of Nueces County, Texas (Tax ID 0268-00600003); 123) THENCE around said unpiatted tract northeasterly, westerly, southwesterly, and southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37; 124) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its Intersectlon with the easterly right-of-way One of Carbon Plant Road (Joe Fulton Corridor); 1S) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road (Joe Fulton Corridor) to Its intersection with the northerly right-of-way line of Mckinzle Lane; 126) THENCE northwesterly along the northeast right-of-way line of Mckinzle lane to its intersection with the southeasterly corner of the Allison Wastewater Treatment Plant; 127) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Paint of Beginning and containing 9,775 Acres more of less; Together with 3 island parcels described as follows: Area 1• 2.73 acres out of Lot 2, Block 1, Stateway Subdivision as recorded in Volume 38, Page 80 of the Map Records of Nueces County, Texas. Said 2.73 Acres being further descr bed In Document 82011026606 of the Official Public Records of Nueaes County, Texas. Area 2: Beginning at the southeast corner of Lot 1, Block 2, Stateway Subdivision as recorded In Volune 38, Page 12 of the Map Records of Nueces County, Texas; THENCE North 499.57' along the easterly boundary of said Lot 1 to the northeast comer thereof; THENCE southeasterly along the southwest right-of-way tine of Up River Road to the westerly right-of- way line ofCtarkwood Road; THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way tine of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way tine of Interstate Highway 37 to the Point of Beginning; Area 3: Lot 1, Block 1, Meaney industrial Tracts as recorded in Volume 46, Page 180 of the Map Records of Nueces County, Texas; This document was prepared under 22 TACJ663.21, does not reflect the results of an on the ground survey, and Is not to be used to convey or establish interests in real property except those rights and Interests implied or established by the creation or reconfiguration of tha boundary of the political subdivision for which it was prepared. Russell D. Ochs R.P.L5.85241 Oa 11' 111 INDUSTRIAL DISTRICT NO. 1 CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Sung), Division Ddc 9N2013 I Chided 401Projatti NON Dawn kg KAIInglberfnA. irvqAf.Aq' M CC -1711e Sbnfs‘fia Min SWOT 2 Of 2 Corpus Christi Industrial District No. 2 Approximately 4,157 acres of land within Nueees County, Texas, outside the city limits of the City of Corpus Christi and generally bounded on the south by the existing north right-of-way line of State Highway No. 44; on the west by the east right-of-way of Farm to Market Road 1694 (Callicoatte Road), from State Highway No. 44 to Swetilck Road (County Road 44); on the north by the south right-of-way Swetlkk Road, from Farm to Market Road 1694 to Farm to Market Road 24 (Violet Road) and on the east right-of-way line of Farm to Market Road 24, from Swadick Road to the north property line of Equistar Chemicals LP, extended westerly to Farm to Market Road 24; on the north by the north property line of Equlstar Chemicals LP extended ban Farm to Market Road 24 to and along the north property line of Equistar Chemicals LP and extended easterly to the present city limit line and on the east by the present city lknit kne and the easterly right-of-way line of Rand Morgan Road and being more fully descr8red as follows: Beginning at the intersection of the existing north right-of-way line of State Highway 44 with the existing east right-of-way line of Farm to Market Road No.1694 (Cailkoatte Road) for the southwest comer of a 1.5 acre tract out Lot 4 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas), described in Document No. 2007036659 of the Offidat Public Records of Nueces County, Texas (Tax iD 0376.0000.0400) and for the southwest corner of this District; THENCE, In a northerly direction, with the east right-of-way of Farm to Market Road No.1694 (Caillcoatte Road), approximately 8,785 feet to the intersection of said east right-of-way line of Farm to Market Road No.1694 (Cailicoatte Road) with the south right-of-way line of Swetlick Road (County Road No. 44), for the northwest corner of a 4.88 acre tract out of Lot 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County, Texas), described In Doctenent No. 2012000442 of the OfHciai Public Records of Nueces Comity, Texas (Tax ID 0376.0000.2508) and for the northwest corner of this District; THENCE, in an easterly direction, with the south right-of-way line of Swetlkk Road (County Road No. 44), at approximately 5,144 feet pass the northeast corner of a 153.4117 acre tract out of Lots 22 thru 25 of the W.B. Baker Subdivision of the Cody Partltksn (Volume 2, Page 16, Map Records of Nueces Caunty, Texas), described in Document No. 20010158-/41/ of the Official Public Records of Nueces County, Texas (Tax ID 0376.0000-2210) and the westerly right-of-way of said Farm to Market Road No. 24 (Violet Road) and continuing In an easterly direction to the east right-of-way of said Farm to Market Road No. 24 (Violet Road) lbr an interior comer of this District; THENCE, in a northerly direction, with the east right-of-way of said Farm to Market Road No. 24 (Violet Road), same being the west boundary of the Equlstar Chemicals, LP 131.49 acre tract, being out of Assessors Map 139, described in Document No. 2005033213, Offidai Public Records of Nueces County, Texas (Tax IO 0270-0040- 0000), a distance of approximately 2265.0 feet for the northwest corner of said EqulstarChemicats, LP 131.49 acre tract and for comer of this Oistric4 THENCE, In an easterly direction, with the north boundary of said Egoista Chemicals, LP 131.49 acre tract and the north boundary of the Eqt star Chemical, LP 333.74 acre tract, being out of Assessors Map 145 and out of Tract 12, Survey 412 of the Charles Land, Abstract 854, said 333.74 acre tract described in Document No. B980376- /30/, Official Public Records of Nueces County, Texas (Tax ID 0276-0120000), a distance of approximately 6,050 feet to the intersection of the north boundary line of said 333.74 acre with the City of Corpus Christi dty limits tine, for the northeast comer of this District; THENCE, in a southeasterly direction, with the above•rnentloned City of Corpus Christi city ilmits line, at approximately 4,840 feet pass the approximate center of McKinzie Road and continuing in a southeasterly direction, with the above-mentioned City of Corpus Christi city Omits Ene, a total distance of approximately 15,290 feet to the intersection of said dty limits line with the existing west right-ofway of Rand Morgan Road, same beim the east boundary of a 187.47 acre tract out of Lots 1 thnu 4, Block 403 of the Rowena Sheeler Land (Volume 3, Page 17, Map Records of Nueces County, Texas), described In Document No. 2008044422, Official Public Records of Nueces County, Texas (Tax ID 7911.0000-0210) and for a corner of this District; THENCE, in a southerly direction, with the existing west boundary of said Rand Morgan Road, same baing the east boundary of said 187.47 acre tract, a distance of approximately 645 feet to the Intersection of said west boundary of Rand Morgan Road with the existing north tight -of -way line of State Highway 44 for the southeast comer of saId187.47 acre tract and for the southeast corner of this District; THENCE, In a westerly direction, with the existing north boundary of State Highway44, at approximately 7,900 feet pass the approximate center of MdChule Road, at approximatety 38,100 feet pass the approximate center of Farm to Market Road 24 (Violet Road), In all a total approximate distance of 23,208 feet to the Point of Beginning and containing approximately 4,157 acres of land This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground surrey, and is not to be used to convey or establish interests In real property except those ruts and interests Implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. atm/ta D' Russell D. Ochs R.P.L.S.115241 t� -s- 1013 ti r. • t1.1 '� ;� J(i 2 f 1 t LU= • Le.tl 4 t(+ a-_ r li ',caws, I - t'awea.urAr■ - ...t iNeNtlanrr- • ',t'+' -t '9HHtt I=F--,;"t...11::11;3t-ill!'. }^:• 2+"t4`tiOh l' .t'tt .lt1oL i Itt ..1 tri t: title) Il .1i..tOC•�,,T.::t" t jAU:]S1 j.`1 A -„r.- dlf - .i Ot[ML Jaay.0.3..1'U1tAl,1 !1•a 1' u t .5127- annamaatat :u.Sni,..J, gait , _,, a . ' 1:9 1 re.Tt;7UmG7rt.",.r.1Ar t`. u- t ry t'tCU[ €J ' „.,-..1'...:' 1 r' tPfl1:lG3�:7ir7" 57L'C.^. "" {N 1 !dr tr a-lt. ;)• 1CS"l CJtiPIZAs i Ola tw ,FtlNJ 7 r, ?1U r. lliaaaRati✓ ©oll.1UC1G F r7r1 l t'1;», 7 clat riaulICJbCI P1-. !ah I `: u J. i rot: r7'i,t, a""-i9c ;ri IICJ is EJ tl..t 2 ct[Ide r - 7 ..T+°/ [ d _ .nor=omcar.., ,r"/wr,.r•Mt ; dl7 SL f "s" 1'.yu.. •� ►r•l rtez_trrti r - n iiil.I }r. R `J.. tiaa oaf Q I x.-• ._ y.i L'7.aPfpt. "rf-1� J'7t:� ,So SJp @28 r •.,i' - r 1Y. tt,'tor z17 '.13a 'ri r . • ',"`t 373r 75 lr'..P' 1h. rt,...'. CSLUCJ [tin c lrifYnd aElvYeanet r,Htabdnn 1 r-i'It .'It:B n iitr. r .nt at -tt1 to"f !nt-.11 .27th i J4S. L.0 CtC'• • 6t.0 •fa€� ," a F. ar.. 1117 i�. .. L tS Y .;.4i ��]!3r '!7t t. tt S.If•'1 Afi:Y EJad [`' ..tr il' :tartr. teutse n71rJNl rl sJl1 Ls "� YYJ t cfr Ltl ui!7oa LItit1r1 Il'+CL,.,rM -t, ;l13 lean!•11ru- isv ttLnt•• e :, r ,J. I r -r C1 117 C.., E'.tt tt IR,;.t1r. luotsr 6TP „ ,.,IT :.e 11, • I.. •.tln - `1111 a gar 171 8,,,4 5_." •1Q# `I L.[t 7n!! l.. G tit,' t[ rqt, 1 _ ahbdtl au tcu.,ac[UI..-t _ s Unca mint kS aatiz:JnarB4 ti , oro noon tall; •UCC7Q1StlIa Lt I. runt : ",141;".1t:. CCY1 tauooat^ t r <' flJtSI Y `1 yr-fLhoar , ` u ,a ':.1Lttl autCo._ air a ttilitltll,+fltt.7ti '7r7w ant ribG. i'Rt rr. JDC7ti17 ULtIL 64. r ,angor t¢t s e 1 1'Uaanti ai baa mnntiarr.oa nc a€scoarn ot•= FLEl 1 ttllIC " ,Lt r{-apUL' 1mrsr3 Gt7•3G1IH : Sv .fn xr7 r,"r. Cn it a haat til f •"ti lbf[ bl*` '• L• ` �scn ' az .'e�rrrClc oft M r "'sr', iYr T r*•TyJ' R�..fi . . . !tr .s11 t1 as ad!^U attC tall! v Iiaa _Fja.rir1 D[ink; '7 • INDUSTRIAL DISTRICT NO. 2 CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division Qeh: 105/200 I Checked Drown Bre AVM. NM MEET fOFI KAEngiteerfegISuveACIty al CC+lilk Shreb‘&rl!Adwy EXHIBIT B Industrlel District Agreement INDUSTRIAL DISTRICT AGREEMENT NO. THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § This Industrial District Agreement ("Agreement") made and entered into under the authority of Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY", and [Name of landowner], a[State][type of entity], Landowner, and [name of lessee & improvements owner], a [state][type of entity], Lessee and Improvements Owner, hereinafter collectively called the "COMPANY". WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the CITY and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the CITY and its citizens; and WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of improvements on land within the Extra Territorial Jurisdiction of the CITY; and WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all purposes, indicating its willingness to enter into Industrial District Agreements with industries located within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and WHEREAS, in order to correct certain boundary issues, Ordinance No. reestablished the boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein collectively called "industrial Districts"; and WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the COMPANY'S structures and properties within such Industrial Districts. NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and under the authority granted under Section 42.044, Texas Local Government Code, and the Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows: Article 1 Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this Agreement, and subject to the terms and provisions herein, the Land shall retain its extraterritorial status as an Industrial District, and shall continue to retain this status until and unless the same is changed under the terms of this Agreement. Except as herein provided, the CITY fiuther covenants and agrees that the Land shall be immune from annexation during the term of this Agreement. Section 1.92 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof, COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for purposes not included within the term "industry". "Industry" as used herein shall mean for the same industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the Land and Improvements for future "industry" use, without using same for non -industry purposes, does not violate this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within sixty (60) days of being notified by the CITY of the determination of a non -industry use, subject to the notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or (2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall continue to make payments equal to said one hundred percent (100%) of ad valorem taxes. ,section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the CITY falis to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax payments, and said defaulting company is not contiguous with the CITY'S bo+mrtary, the COMPANY shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties, the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to annex such property owned by third parties. The location of such annexed property shall be subject to the approval of the COMPANY, such approval shall not be unreasonably withheld COMPANY and such annexed property shall have no right to any CITY services as a result of such annexation; nor shall the CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that the need for an annexation corridor no longer exists, including but not limited to the defaulting company entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to remove from the city limits any unnecessary annexation corridor. Section 1.04 City Serve#. During the term hereof, pursuant to this Agreement, the CITY shall have no obligation to extend to the Land any utility or other CITY services, except for services that are being provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein. Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05 hereof. Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that during the tenn hereof, with respect to the Land, the CITY shall not require compliance with its rules or regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way divide the Land or additions thereto without complying with State law and CITY ordinances governing subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3) prescribing any rules governing the method of operation of COMPANY'S business, except as to those regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned facilities. Section 1.07 Definitions. A. fj.w. As defined in the preamble hereof and includes its successors and assigns. B. Commencement of Construction. Physical construction (including, at a minimum, excavation for foundations or the beginning of installation or erection of improvements) at the primary site of the eligible project has begun. C. Existing Improvements. In use prior to January 1, 2015 and no longer on a payment scale or have completed the phase in scale set forth in Section 3.01 E of the Agreement. D. Extra Territorial Jurisdiction (ETJ?. The unincorporated area that is contiguous to the corporate boundaries of the City of Corpus Christi and that is located within five miles of those boundaries. E. Grandfathered Imorovementt. Improvements that are in use prior to January 1, 2015 and were progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement. F. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include power generation facilities, petroleum and/or chemical refining processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by COMPANY. Includes Existing Improvements, Grandfathered Improvements, In Progress and New Improvements. G. In Progress improvements. Improvements for which construction has commenced, but which are not Placed in Use, prior to January 1, 2015, or for which government permits related to the construction of an Improvement or the expansion of Existing Improvements have been issued prior to January 1, 2015, but for which construction has not commenced. H. industrial District. The industrial districts created pursuant to Ordinance No. a copy of which is attached hereto as Exiubit C and incorporated herein by reference. I. Industrial District Agreement. An agreement made and entered into under the authority of Section 42.044 of the Texas Local Government Code. J. Land. All of the real property owned, leased or possessed by COMPANY and located within the Industrial Districts and designated on Exhibit A attached hereto. K Market Value. As determined and defined by NCAD. L. NCAD. The Nueces County Appraisal District and includes its successors and assigns. M. New Improvement,. Improvement for which no government permit has been secured and for which construction has not commenced prior January 1, 2015. N. Placed in Use. Improvements that are completed and Placed in Use and are not listed by NCAD as Construction Work in Progress (CWIP). O. Prior Industrial District Agreement. Industrial District Agreement by and between the CITY and the COMPANY that expired December 31, 2014. Article 2 Section 2.01 Term. The term of this Agreement shall be ten (10) years beginning January 1, 2015, and continuing until December 31, 2024, unless terminated as herein provided or extended for additional period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local Government Code; provided however, if this Agreement is not extended, or replaced with a similar agreement that provides for an additional period or periods of time, on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the tern; provided, however, the effective date and time of annexation shall be no earlier than midnight of December 31 of the final year of the tenn. Section 2,02 Extended Term. This Agreement may be extended for an additional period or periods only by written agreement between the CITY and the COMPANY. Article 3 Section 3.01 Payment In lieu of Ad Valorem Taxes. Each year during the term hereof, the COMPANY shall pay to the CITY: A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property located thereon) equal to one hundred percent (1(0.) of the amount of ad valorem taxes based upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if the Land were situated within the CITY limits. B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal property) located on the Land equal to sixty-two and one half percent (62.5%) of the amount of ad valorem taxes based upon the Market Value of the Existing Improvements which would otherwise be payable to the CITY by the COMPANY if said Existing Improvements were situated on land within the CITY limits. C. Grandfathered Improvements. If prior to January 1, 2015, the COMPANY was progressing through the eight year phase in scale set forth in the Prior Industrial District Agreement, then the amount of in lieu of tax payments on Grandfathered Improvements (excluding personal property) shall be phased in as follows: Yr Placed in Usc Yr 1 of Contract Yr 2 of Contract Yr 3 of Contract Yr 4 of Contract Yr 5 of Contract Yr 6 of Contract Yr 7 of Conoort Yr 8 of Contract Yr 9 of Contract Yr IO of Contract Mor 2007 to 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 623% 62.5% 62.5% 2007 58% 62.S% 62.5% 62.5% 62.5% ' 62.5% 62.5% 62.5% 62.5% 62.5% zoos 50% 58% 62.5% 62.5% 62.5% 62.5% - 62.5% 62.5% L 62.5% 62.5% 2°09 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2010 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 2011 26% 34% 42% 50% 58% 62.5% 62.5% `62.5% 62.5% 62.5% 2012 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 2013 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5% 2014 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% D. In -Progress Improvements. If prior to January 1, 2015, the COMPANY has In -Progress Improvements, the COMPANY may, at its option, choose to have the in lieu of tax payment for said In -Progress Improvements phased in as shown in Section 3.01 C above, or as in Section 3.01 E below. No later than January 1, 2015, COMPANY shall elect an option and must present the City with documentation of governnacnt permit or proof of Commencement of Construction. E. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be phased in as follows: for the first four years after the New Improvement is Placed in Use, the COMPANY shall pay no in lieu of tax payment to the City for said New Improvement. Commencing with the fifth calendar year after the New Improvement is Placed in Use, the in lieu of tax payment shall be equal to sixty two and one half percent (62.5%). The first year of use for purposes of this New Improvements payment shall be deemed to begin on the first day of January following the date when the New Improvements are Placed in Use. F. With respect to any new land acquired by the COMPANY located within an Industrial District, the use of which relates directly to the primary use of the parent tract, the new land shall be included in the COMPANY'S land known as the Land, and shall be considered in calculating the in lieu of tax payment on the Land as of January 1 of the first year following the date which the new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes a complete listing by NCAD Geographic ID number oldie newly acquired land. G. With respect to any new land acquired by the COMPANY after January 1, 2015, located within the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall determine whether an Industrial District Agreement is desired for such newly acquired land. Section 3.02 Cowman Schedule of Value. On or before August 31 of each year of this Agreement, or upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B, listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and Improvements, owned or controlled by the COMPANY including and identifying the property to be valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information, and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement. 5ecdon 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax Code. The COMPANY shall timely provide information and reports required under this Agreement and under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Section 3.04 Company Protest of Value or $flung. If the COMPANY elects to protest the valuation set on any of its properties by NCAD for any year or years during the term hereof; it is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the right to take all legal steps desired to reduce the same as if the property were located within the CITY, except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days after its protest of the valuation is submitted to NCAD. Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute, the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any billing dispute has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter, the COMPANY shall make to the CITY any additional payment due based on the final determination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to be an amount less than the amount of the initial in lieu of tax payment for that year paid by the COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by the CITY. Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of Market Value of Improvements located on the Land will be paid annually; provided, however, that if and as long as the COMPANY, as ofJanuary 1 of each year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the COMPANY agrees to provide fire protection and emergency services either from a qualified external provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay the additional amount provided by this Section 3.05. Minimum qualifications would include meeting certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire control, emergency management, disaster planning and rescue services as recognized by the Texas Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent. The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected emergencies and properly protect the COMPANY and the community from the adverse effects of an industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x 15% x City Tax Rate Fire Protection Fee) Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The calculation shall be made without reference to the exemption for pollution control property in Section 11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD. In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase in an existing tax exemption enacted after January 1, 1995. &e#iort 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%) of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any subsequent computations hereunder. This Agreement, and the method of determining and fixing the amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to determination of Market Value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal Any invoiced amounts that are not paid by the Due Date shall be considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (1254) per annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections, including reasonable attorneys' fees. Article 4 Section 4.01 Company FaUure to Pay/Company Breach. If the COMPANY fails to make a payment due to the CITY hereunder or if the COMPANY faits to perform any other obligation incumbent upon the COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where compliance requires more than 60 days)), the City shall have the option to either (1) declare this Agreement terminated and immediately commence annexation proceedings and sue to recover all damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys' fees and court costs; or (3) continue this Agreement for its term and collect the payments required hereunder. §ection 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which may, in the event of default in payment of any sum due hereunder that is not cured in accordance with Section 4.04 below, be enforced by CLTY in the same manner as provided by law and for the collection of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on the Land and Improvements which may be foreclosed in the event of such uncured default (1) judicially or (2) extrajudicially in the same manner as a deed of trust under Texas Property Code, and for that purpose may appoint a trustee or trustees. Section 4.03 City Breech. If the CITY breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section 1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to pursue this remedy, then so long as the CITY specifically perforans its obligations hereunder, under injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by this Agreement. Section 4.04_ Notice of Default. Notwithstanding anything to the contrary contained herein, in the event of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give the COMPANY written notice specifying the nature of the alleged default, and manner in which the alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days within which to cure the alleged default (or, if cute requires more than 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure approved by the CLTY within such 60 days, which shall be deemed to be a cure so long as the COMPANY is diligently pursuing such plan). Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any other, and any one or more or combination of the same is available. Each party, in addition to remedies expressly provided herein is entitled to any and all other remedies available at law or in equity. Section 4.06 No Waiver of R1Ots and Remedies. It is expressly understood that if at any time the COMPANY is in default in any provision of this Agreement, the failure an the part of the CITY to promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Further, is expressly understood that if at any time the CITY is in default in any provision of this Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself of the rights or remedies or elect to terminate this Agreement on account of such default, then such default is deemed waived. Section 4.07 Limitation of Liability. To the fullest extent pennittcd by law, and not withstanding any other provision of this Agreement, in no event will either party be liable to the other party hereunder for punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any costs of collection including but not limited to attorney fees. Article 5 Section 5.01 Descrintion of Pronertv. The COMPANY agrees to provide the CITY with a listing of Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01 F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor. Article 6 Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used, occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the Land or property, the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. Scion 6.1)2 Jerminatiot If the CITY and the COMPANY are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This option shall be exercised within thirty (30) days after the application for the temporary injunction is denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future payments hereunder together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by CITY subject to the following: A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest thereon shall be refunded to the COMPANY; or B. If final judgment (after alt appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest thereon shall be retained for use by the CITY. Article 7 Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements to any entity that is not an affiliate of the Company, unless such affiliate wilt be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a portion of the Land or improvements, the COMPANY shall furnish to the CITY a revised Exhibit A effective for the calendar year next following the calendar year in which the conveyance occurred. If the COMPANY leases alt or a portion of the Land or Improvements to an entity that will be responsible for payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease, and this Agreement shall continue in effect as to all Land and Improvements leased. Section 102 Company's Resnonsibillty for Payment. The COMPANY as seller or lessor in a transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which shall be consented to by the CITY, in which the buyer or lessee assumes all responsibilities and obligations under this Agreement as to the purchased or leased Land and/or Improvements. Section 7.03 Assignment This Agreement may be assigned by the COMPANY. If this Agreement is assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. Article 8 Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, alt or any part of the Land, and the agreements herein contained shall be held to be covenants running with the Land for so long as this Agreement or any extension thereof remains in force. The word "affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise control over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations (or other entities) controlled by or under common control with the Company as contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended Article 9 Section 9.01 Buv Local,. COMPANY shall use reasonable efforts to acquire all of its procurements, including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and professional services contracts from businesses located within Nueces and San Patricio Counties, unless such procurements are not reasonably and competitively available within said area. COMPANY shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. Sadao 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. COMPANY agrees to provide six months written notice of any intent or action to obtain more than ten percent (10%) of its total water needs from any source other than the CITY. Article 10 Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. Section 10.02 Entire Aareement. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior understandings, or oral or written agreements, between the parties respecting such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement may be amended only by written instrument signed by all of the patties hereto. Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City. Mr. Ronald L Olson City Manager City of Corpus Christi 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: 361-880-3220 Fax: 361-880-3839 With copies to: City of Corpus Christi -City Secretary 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3105 Fax: 361-:: 0.3113 City of Corpus Christi -City Attorney 1201 Leopard P.O. Box 9277 Corpus Christi, Texas 78469-9277 Telephone: 361-880-3361 Fax: 361-880-3239 If to Company: with copy to: Section 10.04 Governlne Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas. Section 10.01 C9unteroarts. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and alt of which taken together, shall constitute but one and the same instrument, which may be sufficiently evidenced by one counterpart. Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each party represents and warrants to the other that its undersigned agents have complete and unrestricted authority to enter into this Agreement and to obligate and bind such party to all of the teams, covenants and conditions contained herein. ,Section 20.07 Most Favored Nsttions. If CITY enters into a new Industrial District Agreement, or a renewal of any Industrial District Agreement, with a landowner which contains in lieu of tax payment terms and provisions mon favorable to the landowner than those in this Agreement, COMPANY and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain the more favorable in lieu of tax payment tenns and provisions. "Landowner" shall not include any tourist -related business or facilities under Section 42.044, Texas Lanai Government Code. The foregoing does not preclude the CITY from entering into a onetime, economic development agreement with any new major employer within the City's non -industrial district ETU, or with any company proposing a major new investment within the City's non -industrial district ETU, as part of the CITY'S economic development program. EaIBBIT A Geographic ID Number Designated By Nueces County Appraisal District EXHIBIT B Schedule of Value EXHIBIT c City Ordinance Creating Industrial Districts Map and Metes and Bounds Describing Tract A GI/VINI! DEVELOPMENT, LLC ENGINEERING D/V/S/OV 9510 Leopard SI. Corpus Christi, TX 78409 www.goviaddevelopmeat.com Office: (361) 241.2777 • Fax: (361) 241-2200 METES AND BOUNDS OF A 54.35 ACRE TRACT Being 54.35 acres of land, more or less, out of portions of Harbor View Estates Subdivision recorded in Volume 5, Pages 48-49, Grace Heights Addition recorded in Volume 12, Page 11, Revised Map of Oak Park recorded in Volume 5, Pages 9-10, Oak Lawn recorded in Volume 5, Page 27, and Driscoll Village recorded in Volume 12, Page 43, all in Map Records of Nueces County, Texas, and this 54.35 acre tract being more particularly described by metes and bounds as follows: Beginning at the north corner of this tract, said comer also being the north corner of Lot 1, Block M, of said Harbor View Estates Subdivision, said comer being at the intersection of the southeast right-of-way of Poth Lane with the southwest right-of-way line of the now closed Gibson Street; Thence southeassterly with a curve to the left having a radial bearing of N 30-55-31 E, 300.07 feet, a central angle of 20-17-23, a radius of 300.07 feet, a length of 106.26 feet, to a corner of this tract being the east corner of said Lot 1 and the north corner of Lot 50, Block M; Thence S 30-47-06 W with the northwest boundary of said Lot 50, 73.79 feet, to an interior comer of this tract, said interior comer being the west comer of said Lot 50 and a common corner to Lots 3, 4, and 44, Block M; Thence S 59-12-54 E, 50.00 feet, to an interior corner of this tract, said corner being the south comer of Lot 49 and the west comer of Lot 48, Block M; Thence N 30-47-06 E, at 92.95 feet pass the north corner of said Lot 48, the same being the former south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right; Thence with said curve to the right and with the north boundary of this tract, said curve having a radial bearing of S 16-55-32 W, 239.50 feet, a central angle of 14-00-05, a radius of 239.50 feet, a length of 58.53 feet; Thence S 59-0423 E with the northeast boundary of this tract, 697.21 feet, to the east corner of this tract and the east corner of said Harbor View Estates Subdivison, said corner being at the centerline of Retama Avenue; Thence S 30-08-06 W with the east boundary of this tract and said Harbor View Estates Subdivision, the same being the centerline of Retama Avenue, 685.28 feet, to an interior corner of this tract, said corner being on the northeast boundary of said Oak Lawn Subdivision; Thence S 59-12-54 E with a north boundary of this tract and the north boundary of said Oak Lawn Subdivision, 430.19 feet, to an east corner of this tract, said comer being on the present west right-of-way of Buddy Lawrence Drive; Thence S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet, to a southeast comer of this tract and the southeast comer of Lot 1C, Block 1, Driscoll Village recorded in Volume 14, Page 59, Map Records of Nueces County, Texas; Thence S 88-18-30 W with the south boundary of said Lot 1C, 78.06 feet, to a corner of this tract and a common comer of Lots 1B and 1C of said Driscoll Village; Thence N 59-45-00 W with a south boundary of this tract, at 78.06 feet pass the southwest corner of said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue, in all 128.06 feet, to an interior comer of this tract, said comer being south comer of Lot 16 and the east comer of Lot 17, Block 4 of the aforementioned Oak Lawn Subdivision; Thence S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet, to the south comer of Lot 19 and the east comer of Lot 20 of said Block 4; Thence N 59-45-00 W, 140.00 feet, to a common corner of Lots 3, 4, 19 and 20 of said Block 3; Thence S 30-15-00 W, 50.00 feet, to a common comer of Lots 2, 3, 20 and 21 of said Block 3; Thence N 59-45-00 W, at 140.00 feet pass the southeast right-of-way of Oak Park Avenue, in all 210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the south comer of Lot 20 and the east corner of Lot 21, Block 1, Oak Lawn Subdivision; Thence S 30-04-31 W, 50.11 feet, to the common comer of Lots 21 and 22 at the northwest right-of-way of Oak Park Avenue; Thence N 59-45-02 W, 139.61 feet, to the common comer of Lots 1,2, 21, and 22; Thence S 30-19-42 W, 62.48 feet, to the south corner of Lot 1 and the west comer of Lot 22 being on the northeast right-of-way line of Ash Street; Thence N 59-49-29 W, at 140.00 feet pass the west corner of Lot 1 being at the intersection of the northwest right-of-way line of Ash Street with the southeast right -of way line of Retama Avenue, at 167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the south comer of intersection of the northwest right-of-way line of Retama Avenue with the northeast right-of-way line of the now closed Ash Street; Thence S 29-28-54 W with the northwest right-of-way line of Retama Avenue, at 27.50 feet leave Grace Heights Addition and enter Oak Park Addition, in all 170.14 feet, to the south corner of Lot 11 and the east comer of Lot 10, Block 17, Oak Park Addition; Thence N 59-42-06 W, 127.00 feet, to the common corner of Lots 2, 3, 10 and 11, of said Block 17; Thence S 29-28-54 W, 120.00 feet, to the common comer of Lots 4, 5, 8 and 9, of said Block 17; Thence N 59-42-06 W, at 127.00 feet pass the north corner of said Lot 5, the same being the west comer of said Lot 4, in all 177.00 feet, to the south comer of Lot 9 and the east corner of Lot 8, Block 16; Thence S 29-28-54 W, 59.97 feet, to the south corner of said Lot 8 and the east corner of Lot 7; Thence N 58-37-09 W, 122.50 feet, to the common corner of Lots 5, 6, 7 and 8; Thence S 30-52-24 W, 60.00 feet, to the south corner of said Lot 6 and west corner of Lot 7; Thence N 59-42.06 W, at 129.13 feet pass the west comer of said Lot 6, in all 179.13 feet to the south comer of Lot 7, Block 15, Oak Park Addition; Thence S 30-47-47 W, at 50.00 feet pass the east corner of Lot 7, Block 12, Oak Park Addition, in all 108.07 feet, to the south comer of Lot 7 and the east comer of Lot 6; Thence N 59-37-15 W, 126.31 feet, to the north comer of said Lot 6 and the west corner of Lot 7, said corner being on the southeast boundary of Lot 8; Thence S 30-01-38 W, 25.00 feet, to a corner being on the common boundary between said Lots 7 and 8; Thence N 59-12-54 W, 63.51 feet, to a corner being on the common boundary of Lots 8 and 1, Block 12, Oak Park Addition; Thence S 30-01-38 W, 17.82 feet, to the common corner of Lots 1, 2, 3 and 8. Thence N 59-12-54 W, 68.39 feet, to the west corner of Lot 1 and the north comer of Lot 2, said comer being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E with the east right-of-way line of Porth Lane at 540.32 leave Oak Park Addition and enter Grace Heights Addition, in all 1017.99 feet to the north comer of Lot 39, Block 1, Grace Heights Addition being on the south boundary of Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corner of Lot 11, Block C, Harbor View Estates; Thence N 30-47-06 E, 122.50 feet, to the east comer of Lot 7, Block C, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet, to the north corner of said Lot 7, said comer being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 50.00 feet, to the west comer of Lot 15, Block D, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south corrner of said Lot 15; Thence N 30-47-06 E, 379.72 feet, to the east corner of Lot 1, Block D, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet, to the north comer of said Lot 1 being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 50.00 feet, to the west corner of Lot 23, Block M, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south comer of said Lot 23; Thence N 30-47-06 E, 51.80 feet, to the east corner of Lot 22 and south corner of Lot 21; Thence N 59-12-54 W, 104.00 feet, to the west corner of said Lot 21 and the north comer of said Lot 22 on the southeast right-of-way of Poth Lane; Thence N 30-47-06 E, 100.00 feet, to the west corner of Lot 17 and north corner of Lot 18, Block M, Harbor View Estates; Thence S 59-12-54 E, 104.00 feet, to the south comer of Lot 17 and the east corner of Lot 18; Thence N 30-47-06 E, 50.00 feet, to the south corner of Lot 15 and the east corner of Lot 16,Block M, Harbor View Estates; Thence N 59-12-54 W, 104.00 feet,—to the west corner of Lot 15 and the north corner of Lot 16 being on the southeast right-of-way line of Poth Lane; Thence N 30-47-06 E, 355.30 feet, to the place of beginning and containing 54.35 acres of land, more or less. Notes: 1. This metes and bounds description based on recorded information and found monumentation on the ground. 2. Limits of this description based on criteria provided by Citgo. 3. Bearings are State Plane Grid. GOVIND DEVELOPMENT, LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 8-17-2016 0 ISO 300' H 37 CURVE TABLE NIM 0[121 I BWS 10004. 00/111005 AIC 100010* 201721 .3, w 10002'4 N 51'51' E I21' 02 04.0005.113050.1 1 1551'32' or1 5013' <I LINE TABLE ._c 1553 LI 537411001 ,3.10. 0 5510.12.0 50 w' 0 X10470.0 12232' U 5!110]01 21. w' 15 0014000* law' 0 5.1011.001 150.001 17 X500103* 140 00 O 10015701 50 00' L5 1214530* • 2113 00. 110 5.3004.311 50.11' 111 X5040031I. 130.0 112 53010421 0211 173 X5101'.011 0511' 175 520020111 170 14 L1l M5042051 127.00' 117 52020521 12000 LII XSP42'w* L 17100' L11 52720501 5017 L20 150321001 122 50' 42I 5.30.521220 00.00'- 122 65142'011 170.12.03 510474704 Umor La N513r0* 12 31' 125 sear]/*0000' La 115712'14*{1 5551' 127 5300736* 00 0511254* 0039' 1 lb 551121102 104.00. 130 /13047311 0250 01 '.5511501 10403' 122 53027002 50.00 03 55012342 104 00' LN • 111047'001 325.11 u5 X5112541 10400. 150 11047041 5003 157 5510941 104 00' 130 . 1430.r301 51.00' X12'541 104.5 51047021100 00. L4I 35,12.541104.00' L42 133042'001 5000 143 55712541 10400' LOCAT ON PLAN CYE Xn 10 i 1 LLB r1104v01c *04 00.1707010 07 0010'0 1111152 EENT 1HE ENCO 015 00300007001 1175 0041015 511501cXrs 141E 07000005 74001 0445750 47 ''4 1515 00 114E SUVhI COECORD 70111.7 0 20'0 40140 0504 GEED 0140 001 7014700 0150700200 2 4E7E5 414 002005 00010510020 A00000P21115 1015 DMMOC. EXHIBIT A UIJLrULnf. GOVIND DEVELOPMENT, LLC. r11•01 MOO Ye Ilinen= CITGO 84.36 ACRE AND 3.89 ACRE TRACTS .5 07 NUECES COUNTY TEXAS 105 00 004..0 00 w/15 nmrr .Oenx.l a u 3 I .NN. I56cToouT SMT 1 Map and Metes and Bounds Describing Tract B fJI1VIND DEVELOPMENT, LLC ENGINEERING D/VISIDV 9510 Leopard SI. Corpus Christi, TX 78409 www.govinddevelopmeai.com Office: (361) 241.2777 • Fax: (361) 241-2200 METES AND BOUNDS OF 3.89 ACRE TRACT Being 3.89 acres of land, more or less, out of a 4.90 acre tract referred to as Tract 1 in plat of Southwestern Oil and Refming Company Tracts 1, 2, and 3 recorded in Volume 28, Page 1, Map Records of Nueces County, Texas save and except the 1.02 acre tract in plat of Southwestern Oil and Refining Company Tract 1-R recorded in Volume 39, Page 89, M.R.N.C.T., and this 3.89 acre tract being more particularly described by metes and bounds as follows: Beginning at the southwest corner of this tract and said 4.90 acre tract, said comer being at the intersection of the east right-of-way of Buddy Lawrence Drive with the former northeast right-of-way line of the now closed Huisache Street; Thence N 01-41-30 W with the west boundary of this tract and said 4.90 acre tract, the same being the east right-of-way line of Buddy Lawrence Drive, 435.75 feet, to the northwest corner of this tract and said 4.90 acre tract; Thence S 59-18-00 E with the northeast boundary of this tract and said 4.90 acre tract and leaving said east right-of-way line of Buddy Lawrence Drive, 575.05 feet, to the northeast corner of this tract, the same being the northwest corner of said Tract 1-R; Thence S 32-47-27 W with the east boundary of this tract, the same being the west boundary of said Tract 1- R and crossing said 4.90 acre tract, 385.05 feet to the southeast corner of this tract, the same being the southwest corner of said Tract 1-R said corner lying on the southwest boundary of said 4.90 acre tract, the same being the northeast right-of-way line of the now closed Huisache Street; Thence N 56-21-30 W with the southwest boundary of this tract and said 4.90 acre tract, the same being the former northeast right-of-way line of Huisache Street, 328.01 feet, to the point of beginning and containing 3.89 acres of land, more or less. Notes: 1. This metes and bounds description based on recorded information and not from an on the ground survey. 2. Limits of this description based on criteria provided by Citgo. 3. Bearings are based on east right-of-way line of Buddy Lawrence Drive as per recorded plat. GOVIND DEVELOPMENT, LLC George Rubalcaba, RPLS, LSLS Survey Group Manager 8-11-2016 GEORGE RUBALCABA i BUDDY LAWRENCE 50 300' 1 IH 37 CURVE TABLE 1.1134E I OEL71 I RIWS I 8101. 5(407[3 IRC LLNCRI CI DOIT331 1000/' N 30531, 0 104 all C3 1.00'051314 50' 116551]"/ 5051 LINE TABLE 150 wpm 0071511.4 11 13047001 1370' L2 550212'41 500' u 51177$1 12333' u 11151* nor 11502159011+ 12505' Le 5115'0,5 Ll 502.1011 150.00' 105 D0' 130110* 5000 u 551100* 2100' 110 5300131'4 50.11' 01 14511503-2 135.51' L13 5301941111 01.40' 113 N5/491* 155,9 1.15 LII 1313954-2 1400243'7$-2 133.0' 111 53023514-2 130.00' 130 05143'05-2 115 5102705015 L20 0502377$* L31 5395711-2 L32 53/170/4 13.1 13011924 L34 550237114 LIS 1710' 5507 17750' 29 129.13' 1050,' 135.31' 130201'1-2 L3! 7150213'5.'4 290D 0351' 51001'1-2; 13.13' ue 554,17541 7$1' L35 55919111 101 00' 11 530177$1 133 50' L31 05912'5111 104.00' 157 5301'7$1 • 2.3 S9513'511 101.01 13. 530207051 370.72' us 14.291251* 17$.0" 155 /15:14/.042 1.37 50.50' 137 00513511 Iain L1 112/077$1 5130' L35 115/135/11 101.0' 140 1410217,051 10030 141 55919541 10405' 2..3 50017941 50 00' 1.3 0501311* 10150 LOCATION PLAN SULL NTS 1 tit 501M1E11149 1403 7077015IE0 es COMM DEVEL99uEN' 11C. 7300 095 005001111055 TMS 04/0/110 2E90105E11777 150 CONGO.. 00.7, EXISTED RT IE 121E OT THE Soaves CO3A.m.1E0 1 15, 30D 411 10 ALONG MID AND 519 RECORD 114,99.4111011. 3 (MS QC 202,403 0051707730 1100190245 1143 010140. EXHIBIT A GOVIND DEVELOPMENT. LLC. ?sumo ma leiNam CITGO �=;t . a 54.35 ACRE AND 3.88 ACRE TRACTS 11410 NUECES COUNTY TEXAS wow 70 *7074 «v 0 v1T OATSOATSy99.94 105 NO I DPW moo 7$15 Cute /111Mwr 15CToot47 SHT 1 Map and Metes and Bounds Showing the Boundary of Industrial District No. 1 Corpus Christi Industrial District No. 1 Approximately 9,775 Acres within Nueces County, Texas, outside the city limits of the City of Corpus Christi and generally bounded on the southwest by the northeast right-of-way of Interstate Highway No. 37, on the north by the south shoreline of the Nueces River and Nueces Bay, on the West by the East right-of-way of Carbon Plant Road (Joe Fulton Corridor) from Interstate Highway No. 37 to McKinzie Lane and the north right-of-way of McKinzie Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison Wastewater Treatment Plant and along the east property line of the City's Allison Wastewater plant from McKinzie Lane to the Nueces River. 1) BEGINNING at the northeast corner of Tract "B", Nueces View Tracts as recorded in Volume 28, Page 64 of the Map Records of Nueces County, TX , same being the northeast corner of the City's Allison Wastewater Treatment Plant; 2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and Nueces Bay to the northwest corner of Block 1, Lot 150 of the Porto BeIIo Subdivision as recorded in Volume 47, Pages 144-145 of the Map Records of Nueces County, Texas; 3) THENCE southwesterly along the westerly boundary line of the Porto BeIIo Subdivision to the southwesterly corner of Lot 1, Block 1; 4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City Limits of the City of Corpus Christi; 5) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue "F" intersects the northerly right-of-way line of Burleson Street; 6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary line of Lot 1, Block 174 of the Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas; 7) THENCE northeasterly through said Block 174 to the northwesterly corner of Lot 11: 8) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly corner thereof; 9) THENCE northeasterly along the northwesterly right-of-way line of Avenue "H" to a point on the northerly boundary line of a 6.19 Acre Tract of land known as Tract "A" of the Brooklyn Acreage; 10) THENCE northwesterly along the northeasterly boundary of said Tract "A" to the northwesterly corner thereof; 11) THENCE southwesterly along the westerly boundary of said Tract "A" and the continuation thereof to the southerly right-of-way of Burleson Street; 12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue II FJI. 1 13) THENCE southwesterly along the centerline of said Avenue "F" and the extension thereof to a point on the original City Limit line as surveyed by C. F. H. Von Blucher in August, 1883; 14) THENCE westerly along said original City Limit line to the northwest corner thereof; 15) THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre tract annexed by City Ordinance #022441; 16) THENCE around said 13.602 acre tract: a. S31°41'45"W a distance of 1257.54' to a point on the northwesterly right-of-way line of the Missouri Pacific railroad; b. S61°27'47"E along said right-of-way a distance of 290.36' c. 561°23'34"E continuing along said right-of-way a distance of 175.07' d. S31°15'00"W crossing said right-of-way a distance of 130.06' to a point; e. 561°23'30"E a distance of 87.35' to a point; f. 531°41'45"W a distance of 159.95' to a point; g. 558°18'15"E a distance of 416.24' to a point on said original City Limits; 17) THENCE southerly continuing along said original City Umit line to the north corner of a 0.0018 acre tract annexed by City Ordinance #022441; 18) THENCE around said 0.0018 acre tract: a. S27°34'30"W a distance of 16.58' to a point;. b. 558°18'14"E a distance of 9.37' to a point on said original City Limits; 19) THENCE southerly continuing along said original City Limit line to a point on the northwesterly right-of- way line of Nueces Bay Boulevard; 20) THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the easterly corner of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records of Nueces County, Texas; 21) THENCE around said Tract 1: a. N55°55'12"W a distance of 300.09' to a point at the northerly corner thereof; b. 531°15'00"W a distance of 171.81' to an angle point therein; c. S34°59'12"W a distance of 98.43' to a point at the westerly corner thereof, being on the northeasterly boundary line of the Baymoor Addition as recorded in Volume 4, Page 42 of the Map Records of Nueces County, Texas; 22) THENCE northwest along the northeasterly boundary line of said Baymoor Addition to the northwest corner of Lot 205, same point being a northerly corner of Tract "H" of the Pontiac Tracts as recorded in Volume S5, Page 135 of the Map Records of Nueces County, Texas; 23) THENCE 522°42'30"W along said Tract "H" a distance of 31.49' to an angle point therein; 24) THENCE northwesterly, with the northerly line of said Tract "H" and the northerly line of a 4.90 acre tract referred to as Tract 1 in plat of Southwestern Oil and Refining Company Tracts 1, 2, and 3 recorded in Volume 28, Page 1, Map Records of Nueces County, Texas, to the northwest corner of Southwestern Oil and Refining Company Tract 1-R, recorded in Volume 39, Page 89, Map Records of Nueces County, Texas, for a corner of this tract; 2 25) THENCE S 32°47'27" W, with the west boundary of said Tract 1-R and crossing said 4.90 acre tract, 385.05 feet to a corner of this tract, the same being the southwest corner of said Tract 1-R said corner Tying on the southwest boundary of said 4.90 acre tract, the same being the northeast right-of-way line of the now closed Huisache Street; 26) THENCE N 56°21'30" W, with the southwest boundary of said 4.90 acre tract, the same being the former northeast right-of-way line of Huisache Street, 328.01 feet the east right-of-way of Buddy Lawrence Drive for a corner of this tract; 27) THENCE N 01°41'30" W, with the west boundary of said 4.90 acre tract, the same being the east right- of-way line of Buddy Lawrence Drive, 435.75 feet, to the northwest corner of said 4.90 acre tract; 28) THENCE northwesterly, crossing Buddy Lawrence to the present west right-of-way of said Buddy Lawrence Drive; 29) THENCE S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet, to a corner of this tract and the southeast corner of Lot 1C, Block 1, Driscoll Village recorded in Volume 14, Page 59, Map Records of Nueces County, Texas; 30) THENCE 5 88-18-30 W with the south boundary of said Lot 1C, 78.06 feet, to a corner of this tract and a common corner of Lots 1B and 1C of said Driscoll Village; 31) THENCE N 59-45-00 W with a south boundary of this tract, at 78.06 feet pass the southwest corner of said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue, in all 128.06 feet, to an interior corner of this tract, said corner being south corner of Lot 16 and the east corner of Lot 17, Block 4 of the aforementioned Oak Lawn Subdivision; 32) THENCE S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet, to the south corner of Lot 19 and the east corner of Lot 20 of said Block 4; 33) THENCE N 59-45-00 W, 140.00 feet, to a common corner of Lots 3, 4,19 and 20 of said Block 3; 34) THENCE 5 30-15-00 W, 50.00 feet, to a common corner of Lots 2, 3, 20 and 21 of said Block 3; 35) THENCE N 59-45-00 W, at 140.00 feet pass the southeast right-of-way of Oak Park Avenue, in all 210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the south corner of Lot 20 and the east corner of Lot 21, Block 1, Oak Lawn Subdivision; 36) THENCE 5 30-04-31 W, 50.11 feet, to the common corner of Lots 21 and 22 at the northwest right-of- way of Oak Park Avenue; 37) THENCE N 59-45-02 W, 139.61 feet, to the common corner of Lots 1,2, 21, and 22; 38) THENCE 5 30-19-42 W, 62.48 feet, to the south corner of Lot 1 and the west corner of Lot 22 being on the northeast right-of-way line of Ash Street; 39) THENCE N 59-49-29 W, at 140.00 feet pass the west corner of Lot 1 being at the intersection of the northwest right-of-way line of Ash Street with the southeast right -of way line of Retama Avenue, at 3 167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the south corner of intersection of the northwest right-of-way line of Retama Avenue with the northeast right-of-way line of the now closed Ash Street; 40) THENCE 5 29-28-54 W with the northwest right-of-way line of Retama Avenue, at 27.50 feet leave Grace Heights Addition and enter Oak Park Addition, in all 170.14 feet, to the south corner of Lot 11 and the east corner of Lot 10, Block 17, Oak Park Addition; 41) THENCE N 59-42-06 W, 127.00 feet, to the common corner of Lots 2, 3, 10 and 11, of said Block 17; 42) THENCE S 29-28-54 W, 120.00 feet, to the common corner of Lots 4, 5, 8 and 9, of said Block 17; 43) THENCE N 59-42-06 W, at 127.00 feet pass the north corner of said Lot 5, the same being the west corner of said Lot 4, in all 177.00 feet, to the south corner of Lot 9 and the east corner of Lot 8, Block 16; 44) THENCE 5 29-28-54 W, 59.97 feet, to the south corner of said Lot 8 and the east corner of Lot 7; 45) THENCE N 58-37-09 W, 122.50 feet, to the common corner of Lots 5, 6, 7 and 8; 46) THENCE 5 30-52-24 W, 60.00 feet, to the south corner of said Lot 6 and west comer of Lot 7; 47) THENCE N 59-42.06 W, at 129.13 feet pass the west corner of said Lot 6, in all 179.13 feet to the south corner of Lot 7, Block 15, Oak Park Addition; 48) THENCE 5 30-47-47 W, at 50.00 feet pass the east corner of Lot 7, Block 12, Oak Park Addition, in all 108.07 feet, to the south corner of Lot 7 and the east corner of Lot 6; 49) THENCE N 59-37-15 W, 126.31 feet, to the north corner of said Lot 6 and the west corner of Lot 7, said corner being on the southeast boundary of Lot 8; 50) THENCE 5 30-01-38 W, 25.00 feet, to a corner being on the common boundary between said Lots 7 and 8; 51) THENCE N 59-12-54 W, 63.51 feet, to a corner being on the common boundary of Lots 8 and 1, Block 12, Oak Park Addition; 52) THENCE S 30-01-38 W, 17.82 feet, to the common comer of Lots 1, 2, 3 and 8. 53) THENCE N 59-12-54 W, 68.39 feet, to the west corner of Lot 1 and the north corner of Lot 2, said corner being on the southeast right-of-way line of Poth Lane; 54) THENCE N 30-47-06 E with the east right-of-way line of Poth Lane at 540.32 leave Oak Park Addition and enter Grace Heights Addition, in all 1017.99 feet to the north corner of Lot 39, Block 1, Grace Heights Addition being on the south boundary of Harbor View Estates; 55) THENCE S 59-12-54 E, 104.00 feet, to the south corner of Lot 11, Block C, Harbor View Estates; 56) THENCE N 30-47-06 E, 122.50 feet, to the east corner of Lot 7, Block C, Harbor View Estates; 4 57) THENCE N 59-12-54 W, 104.00 feet, to the north corner of said Lot 7, said corner being on the southeast right-of-way line of Poth Lane; 58) THENCE N 30-47-06 E, 50.00 feet, to the west corner oftot 15, Block D, Harbor View Estates; 59) THENCE 5 59-12-54 E, 104.00 feet, to the south corner of said Lot 15; 60) THENCE N 30-47-06 E, 379.72 feet, to the east corner of Lot 1, Block D, Harbor View Estates; 61) THENCE N 59-12-54 W, 104.00 feet, to the north corner of said Lot 1 being on the southeast right-of- way line of Path Lane; 62) THENCE N 30-47-06 E, 50.00 feet, to the west corner of Lot 23, Block M, Harbor View Estates; 63) THENCE S 59-12-54 E, 104,00 feet, to the south corner of said Lot 23; 64) THENCE N 30-47-06 E, 51.80 feet, to the east corner of Lot 22 and south corner of Lot 21; 65) THENCE N 59-12-54 W, 104.00 feet, to the west corner of said Lot 21 and the north corner of said Lot 22 on the southeast right-of-way of Poth Lane; 66) THENCE N 30-47-06 E, 100.00 feet, to the west corner of Lot 17 and north corner of Lot 18, Block M, Harbor View Estates; 67) THENCE 5 59-12-54 E, 104.00 feet, to the south corner of Lot 17 and the east corner of Lot 18; 68) THENCE N 30-47-06 E, 50.00 feet, to the south corner of Lot 15 and the east corner of Lot 16, Block M, Harbor View Estates; 69) THENCE N 59-12-54 W, 104.00 feet, to the west comer of Lot 15 and the north corner of Lot 16 being on the southeast right-of-way line of Poth Lane; 70) THENCE N 30-47-06 E, 355.30 feet, to the place of beginning and containing 54.27 acres of land, more or less; 71) THENCE southeasterly with a curve to the left having a radial bearing of N 30-55-31 E, 300.07 feet, a central angle of 20-17-23, a radius of 300.07 feet, a length of 106.26 feet, to a corner of this tract being the east corner of said Lot 1 and the north corner of Lot 50, Block M; 72) THENCE S 30-47-06 W with the northwest boundary of said Lot 50, 73.79 feet, to an interior corner of this tract, said interior corner being the west corner of said Lot 50 and a common corner to Lots 3, 4, and 44, Block M; 73) THENCE S 59-12-54 E, 50.00 feet, to an interior corner of this tract, said corner being the south corner of Lot 49 and the west corner of Lot 48, Block M; 74) THENCE N 30-47-06 E, at 92.95 feet pass the north corner of said Lot 48, the same being the former south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right; 5 75) THENCE with said curve to the right and with the north boundary of this tract, said curve having a radial bearing of 516-55-32 W, 239.50 feet, a central angle of 14-00-05, a radius of 239.50 feet, a length of 58.53 feet; 76) THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the extension thereof, partially along the centerline of Gibson Street, to a point on the west right-of-way line of Poth Lane; 77) THENCE northeasterly along the west right-of-way line of Poth Lane to the northeasterly corner of land of Magellan Terminal Holdings, LP as described in Documents #2004020907 and #1999033783 of the Official Public Records of Nueces County, Texas; 78) THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to a point on the southerly right-of-way line of the Missouri Pacific Railroad; 79) THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line of said Magellan Terminal Holdings, LP to a point; 80) THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings, LP to a point where the northwesterly boundary line of Country Club Place as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, meets the northerly right-of-way line of Interstate Highway 37; 81) THENCE northwesterly along said northerly right-of-way to its intersection with the northeasterly right- of-way line of Up River Road (Shell Road); 82) THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly corner of Lot 3, Navigation Heights Annex #3 as recorded in Volume 40, Page 119 of the Map Records of Nueces County, Texas; 83) THENCE around said Lot 3: a. N36°17'20"E a distance of 177.95' to a point at the northeasterly corner thereof; b. N53°38'30"W a distance of 186.97' to the northwesterly corner thereof; c. S18°33'30"W a distance of 176.57' to the northeasterly right-of-way of Up River Road; 84) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly right- of-way line of Cantwell Lane; 85) THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the northerly boundary line of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract "0" (unrecorded plat) 86) THENCE northwesterly across said right-of-way and along the northerly boundary line of said 3.37 Acre Tract (tax ID3875-0003-0140) to the northwesterly corner thereof; 87) THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F. H. Kaler Partition as shown on plat thereof recorded in Volume 9, Page 58 of the Map Records of Nueces County, Texas, to a point on the northeasterly right-of-way line of Up River Road; 6 88) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly extension of a right-of-way to a 1 Acre tract of land out of Lot 1, Block 1, Coastal Javelina Addition as recorded in Volume 54, Page 56 of the Map Records of Nueces County, Texas, said 1 Acre tract described by metes and bounds in City Ordinance #028451; 89) THENCE southwesterly across said Up River Road and along said easterly right-of-way line to the north boundary line of said 1 Acre tract (not platted, see tax ID 1661-0001-0012 and Document #2013013372 of the Official Public Records of Nueces County, Texas); 90) THENCE easterly, southerly, westerly, and northerly around said 1 Acre tract to the southerly right-of- way serving said tract; 91) THENCE westerly along said southerly right-of-way line to the west boundary line of said Lot 1, Block 1; 92) THENCE northeasterly along said west boundary line of said Lot 1, Block 1 and the extension thereof to a point on the northeasterly right-of-way line of Up River Road; 93) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly extension of the right-of-way line of County Road 52A; 94) THENCE southwesterly across said Up River Road and along said westerly right-of-way line of County Road 52A to its terminus; 95) THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract out of the Ohler Tract of the Dunn Tract and described in Document #2004014391 of the Official Public Records of Nueces County, Texas, to a point on the northwesterly boundary line of Block 8, Academy Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of Nueces County, Texas; 96) THENCE southwesterly along said northwesterly boundary line of Academy Heights Unit 1 and along the northwesterly boundary line of Academy Heights Unit 2 as recorded in Volume 42, Page 188 of the Map records of Nueces County, Texas to a point on the northerly right-of-way line of Interstate Highway 37; 97) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeasterly boundary line of Lot 1, Block 3 of the Interstate Industrial Complex as recorded in Volume 32, Page 36 of the Map Recoded of Nueces County, Texas; 98) THENCE around said Lot 1: a. N00°39'47"E a distance of 300.00' to a point at the northeasterly corner thereof; b. N80°51'25"W a distance of 519.65' to the northwesterly corner thereof; c. S00°44'41"W along the east right-of-way of Corn Products Road a distance of 200.00' to the northerly right-of-way of Interstate Highway 37; 99) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way line of Interstate Highway 37 to the southwesterly boundary line of Lot 15, Block 1 of the Interstate Industrial Complex Unit 1 as recorded in Volume 34, Page 24 of the Map Recoded of Nueces County, Texas; 100) THENCE northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly boundary line of Lot 16, Block 1 of said Interstate Industrial Complex; 7 101) THENCE northeasterly along the southeasterly boundary line of said Lot 16 to the southeast corner thereof; 102) THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19; 103) THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a point on the west right-of-way thereof; 104) THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of- way of Interstate Highway 37; 105) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way of Southern Minerals Road; 106) THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly right-of- way line of Up River Road; 107) THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of Lot 1, Block 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52, Page 83 of the Map Records of Nueces County, Texas; 108) THENCE around said Lot 1: a. 501°26'W a distance of 437.96' to a point at the southwesterly corner thereof; b. 554°44'45"E a distance of 172.72' to the southeasterly corner thereof; c. N01°26'W a distance of 507.96' to a point on the south right-of-way line of Up River Road; 109)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of a 3.75 Acre tract of land described in Document #200100777 of the Official Public Records of Nueces County, Texas; 110) THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a point on the north right-of-way thereof; 111) THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Southern Minerals Road; 112) THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly right-of-way of Interstate Highway 37; 113) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southerly corner of Lot 7, Block 1, Goldston Addition as Recorded in Volume 55, Page 87 of the Map Records of Nueces County, Texas; 114) THENCE around said Lot 7 northerly, westerly, and southerly to a point on the north right-of-way line of Interstate Highway 37; 115) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way line of Hunter Road; 8 116) THENCE northerly along the east right-of-way line of Hunter Road to the southwesterly corner of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0300); 117) THENCE easterly along the south boundary line of said tract to the southeast corner thereof; 118) THENCE northerly along the east boundary line of said tract and along the east boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0200); 119) THENCE northwesterly and westerly along the north boundary line of said tract to the east right-of-way line of Hunter Road; 120) THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the south right- of-way line of Up River Road; 121) THENCE southeasterly along the south right-of-way line of Up River Road to the northwest comer of Lot 3, P. V. Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces County, Texas; 122)THENCE southwesterly along the west boundary line of said Lot 3 to the southwest corner thereof; 123) THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0000); 124) THENCE easterly along the southerly boundary line of boundary line of a tract of land described in Document #2012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-0100-0400); 125)THENCE northerly along the east boundary line of said tract and crossing Up River Road to a point on the north right-of-way thereof; 126)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west right-of-way line of Hunter Road; 127) THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to its intersection with the north right-of-way line of Interstate Highway 37; 128) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeast corner of Lot 1, Block 1, Hunter Industrial Park as recorded in Volume 43, Page 128 of the Map Records of Nueces County, Texas; 129) THENCE northerly along the east boundary line of said Lot 1 to its intersection with the south right-of-way line of Up River Road; 130) THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west right-of-way line of 5untide Road; 131)THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of 5untide Road meets the north right-of-way of Up River Road; 9 132) THENCE southeasterly crossing Suntide Road to the intersection of the east right-of-way line of Suntide Road meets the north right-of-way of Up River Road; 133) THENCE northerly along the east right-of-way line of Suntide Road to the southwest corner of an unplatted tract of land described in Document #946716 of the Official Public Records of Nueces County, Texas (Tax ID 0267-0002-0000); 134) THENCE around said tract easterly, northerly, and westerly crossing Suntide road to a point on the west right-of-way line thereof; 135) THENCE southerly along the west right-of-way line of Suntide Road to the northeast corner of West End Heights as recorded in Volume 15, Page 4 of the Map Records of Nueces County, Texas; 136) THENCE around said West End Heights: a. 589°35'W a distance of 574.53' to a point at the northwest corner thereof; b. 500°25'E a distance of 927.92' to the southwest corner thereof, being on the northeast right-of-way of Up River Road; 137) THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the easterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3715); 138) THENCE southerly, crossing said Up River Road, and along the east boundary line of said unplatted tract to the southeast corner thereof; 139) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #978850 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3710) to the southwest corner thereof; 140) THENCE northerly along the west boundary line of said tract and the east boundary line of Tuloso Road Subdivision as recorded in Volume 13, Page 23 of the Map Records of Nueces County, Texas to the northeasterly corner thereof; 141) THENCE northeasterly crossing Up River road to the southeasterly comer of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0265- 0040-0100) to the southeast corner thereof; 142) THENCE northwesterly along the northeasterly right-of-way of Up River Road to its intersection with the northerly extension of the westerly right-of-way of Tuloso Road; 143) THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1, Block 1, Covington Industrial Tracts recorded in Volume 46, Page 11 of the Map Records of Nueces County, Texas; 144) THENCE around said Covington Industrial Tract: a. 500°03'14"W along the westerly right-of-way line of Tuloso Road a distance of 487.74' to a point at the southeasterly corner thereof; b. N66°08'W a distance of 363.81' to the southwesterly corner thereof; c. N00°03'14"E a distance of 505.18' to a point on the southeasterly right-of-way of Up River Road; 10 145) THENCE northwesterly along the southeast right-of-way Zine of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3920); 146) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 147) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 7946.0000-0410) to the southwest corner thereof; 148) THENCE southerly along the easterly boundary line of an unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3641) to the southeast corner thereof; 149) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract to the southwesterly corner thereof; 150)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document #2004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-4030) to the northwest corner thereof; 151) THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3505); 152) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner thereof; 153) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest boundary line of said unplatted tract and of an unplatted tract of land described in Document #2007056023 of the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3510) and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0011) to the southwest corner thereof; 154)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0100) and of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0010) to the northwest corner thereof; 155) THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way line of Renfrow Lane; 156) THENCE northeasterly along the westerly right-of-way line of said Renfrow Lane to its intersection with northeasterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0271-0042-0000); 157) THENCE westerly, southwesterly, northwesterly, and southwesterly to a point on the northeast right-of- way of Up River Road; 11 158) THENCE northwesterly along the northeast right-of-way Zine of Up River Road to the southeasterly corner of Lot 1, Block 1, Tecolote Tract as recorded in Volume 55, Page 100 of the Map Records of Nueces County, Texas; 159) THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0140-0100); 160) THENCE easterly, northeasterly, westerly and southerly to the northeast corner of said Tecolote Tract; 161) THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0266-0010-0305) to the northwest corner thereof; 162) THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right- of-way of Up River Road; 163) THENCE northwesterly along the northeast right-of-way line of Up River Road to its intersection with the westerly right-of-way line of Hearns Ferry Road; 164) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast corner of Lot 7, Awkerman Garden Lots as recorded in Volume 4, Page 38 of the Map Records of Nueces County, Texas; 165) THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way line of Up River Road; 166) THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner of Lot 6 of said Awkerman Garden Lots; 167) THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way line of Hearns Ferry Road; 168) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northerly boundary line of the said Awkerman Garden Lots; 169) THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension thereof to a point on the northeasterly right-of-way line of Up River Road where it meets Interstate Highway 37; 170) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0090-0500); 171) THENCE around said unplatted tract northerly, northwesterly, southwesterly, and southerly to a point on the northeasterly right-of-way of Interstate Highway 37; 172) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly boundary line of an unplatted tract of land described in Document #2008047494 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0060-0003); 12 173) THENCE around said unplatted tract northeasterly, westerly, southwesterly, and southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37; 174) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its intersection with the easterly right-of-way line of Carbon Plant Road (Joe Fulton Corridor); 175) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road (Joe Fulton Corridor) to its intersection with the northerly right-of-way line of McKinzie Lane; 176)THENCE northwesterly along the northeast right-of-way line of McKinzie Lane to its intersection with the southeasterly corner of the Allison Wastewater Treatment Plant; 177) THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less; Together with 3 Island parcels described as follows: Area 1: 2.73 acres out of Lot 2, Block 1, Stateway Subdivision as recorded in Volume 38, Page 80 of the Map Records of Nueces County, Texas. Said 2.73 Acres being further described in Document #2011026606 of the Official Public Records of Nueces County, Texas. Area 2: Beginning at the southeast corner of Lot 1, Block 1, Stateway Subdivision as recorded in Volume 38, Page 12 of the Map Records of Nueces County, Texas; THENCE North 499.57' along the easterly boundary of said Lot 1 to the northeast corner thereof; THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of-way line of Clarkwood Road; THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way line of Interstate Highway 37; THENCE northwesterly along the northeasterly right-of-way line of Interstate Highway 37 to the Point of Beginning; Area 3: 13 Lot 1, Block 1, Meaney Industrial Tracts as recorded in Volume 46, Page 180 of the Map Records of Nueces County, Texas; This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. A,,,,„,d1 I)' Q L g 30-16 Russell D. Ochs R.P.L.S. #5241 14 a'o 2 4 1 a 6 2 z 0 0 O G 6 G 2 G 0 2 INDUSTRIAL DISTRICT NO. 1 Revised: 8/24/2016 4 CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division Date: 9/6/2013 Drawn By: Checked By. Projects SHEET 1 OF 2 X..\Engineering\SunmyPROJECTS\INDUSTRLIL DISTRICTS I AND 2\LIMITS OF /NOUSTRLIL asrRlcr I.OWO INDUSTRIAL DISTRICT NO. 1 Revised. 8/24/2016 ie 0 CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division Dote: 9/6/2013 Drown By: Checked By: Project. SHE& 2 OF 2 K:\Engineerinq\Survey\PROJECTS\INDUSTRAL DISTRICTS 1 AND 2\U405 OF INDUS7RNL DISTRICT I.DWC 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: 2016-112477 Date Filed: 09/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CITGO Refining and Chemicals Company, L.P. 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. IDA 68 Industrial District Agreement 6B between City of Corpus Christi and CITGO Refining and Chemicals Company, L.P. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Elizondo, Larry Corpus Christi, TX United States X Shah, Yogesh Corpus Christi, TX United States X Ocanas, Elbert Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm • ' er penalty of perjury, that the above disclosure is true and correct % c ! / ( Sworn - '��< to and !, ,W1NJE GONIAtE3I PA4:d My Qommisajon expires July 19.2017 subscribed before me, bythe said to certify which, witness my hand and ignature of authorized agent of contracting business entity 7110 k4°t �/ �f� , this the day ofSAIptith20 seal of office. Si... re • :""moo- i Pr' ed name of officer administering oath Title of officerministering oath Forms prpvyded by Tas Ethics Commission www.ethics.state.N.us Version V1.0.277 AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 18, 2016 Second Reading Item for the City Council Meeting of October 25, 2016 DATE: TO: September 21, 2016 Margie Rose, City Manager FROM: Stacie Talbert-Anaya, Interim Director, Parks and Recreation Department StacieT@cctexas.com 361-826-3476 2017 Fiesta de la Flor Lease Agreement CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2017 Fiesta de la Flor event and related activities to be held on March 24, 2017 and March 25, 2017, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street. PURPOSE: To approve date, location, and consideration for the 2017 Fiesta de la Flor event and related activities March 24-25, 2017. BACKGROUND AND FINDINGS: Fiesta de la Flor, scheduled for March 24 -25, 2017, celebrates the third year of the festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla Perez. Predominately a music festival, Fiesta de la Flor features Tejano, Norteno and Hispanic rock music stars. The expanded footprint from the 2016 festival allowed for more artisan vendors, food trucks and increased seating space for attendees. Festival organizers anticipate attendance of 70,000 over both festival days. In 2016, the Fiesta de la Flor attracted 55,000 attendees, with 59% of those attending came from outside the greater Corpus Christi area. The festival generated an indirect economic impact of $15 million and created a 19.6% increase in hotel occupancy compared to that same weekend's occupancy in 2015. Overall hotel occupancy for the 2016 Fiesta de la Flor weekend was 87.2%. Attendees came from various states such as: Chicago, Los Angeles, Miami and Texas. The festival also drew international attendees from several countries, including Mexico, Guatemala, Ecuador, Peru and more. 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: 2016- 2017 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 a lease agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB) for 2017 Fiesta de la Flor event and related activities to be held on March 24, 2017 and March 25, 2017, and allow use of streets bounded by Power Street, N. Water Street, Resaca Street and Shoreline Blvd. and including the Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street 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 a lease agreement with the Corpus Christi Convention and Visitors Bureau to conduct the 2017 Fiesta de la Flor event and related activities. The Agreement allows use of City property including the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through the end of Shoreline Blvd., and provides for CCCVB payment of fifty percent of costs for City services provided for the event. 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 17 LEASE AGREEMENT FOR FIESTA DE LA FLOR 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 Corpus Christi Convention and Visitors Bureau. ("CCCVB"), 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. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent - means a duly authorized representative of the CCCVB. 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. I. Event - means the Fiesta de la Flor events and related activities sponsored by the CCCVB, as described in Exhibit A. 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. Page 2 of 17 M. Police Chief - means the Chief of the City of Corpus Christi's Police Department, or designee. N. Premises - means the City Bayfront Park located along Shoreline Blvd. between Resaca Street and Power Street; City streets bounded by Power Street, N. Water Street, Resaca Street, and Shoreline; and other City property along Shoreline as depicted on Exhibit C. 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 CCCVB 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 CCCVB the privilege of using the Bayfront Park located along Shoreline Blvd. between Power Street to Resaca Street through end of Shoreline Blvd. to conduct its Event. CCCVB agrees to contact SMG, the Art Museum of South Texas, the Port of Corpus Christi administrative offfices, and the Federal courthouse to coordinate traffic plans around the Event locations. 4. PREMISES REVISIONS. Construction along Shoreline or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM. The CCCVB'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. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB 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 C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. Page 3 of 17 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. 8. CCCVB'S FINANCIAL OBLIGATIONS. A. Permit Fees. The CCCVB 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 Permit/Vendor Fees, Development Services Permit Fees, Traffic Engineering cost recovery fee of $550 for changes to the Traffic Control plan, and Firework Permit Fee. B. Costs of City Services. City agrees to provide the following services at 50% of actual City costs. The current estimate for City services to be provided is as follows: 1) Parks and Recreation. Rental of Bayfront Park - $11,000.00 and fee for reservation rental of Water Gardens - $1600.00 2) Police. Security at Event on Friday: 19 officers for 6.5 hours = $7,485.88; Security at Event on Saturday: 22 officers x 12 hours = $16,002.21. Total estimate is $23,488.09. This does not include security for afterhours, or money security for the Event. 3) Police to provide traffic control at the points surrounding the Event as required by the CCPD to enforce the traffic control points on the plan: $22, 245.00. 4) Solid Waste Operations. Sweeping of downtown streets - $563.00. The Parks Director will invoice the CCCVB for costs of all 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 CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. 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. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. Page 4 of 17 D. Deposit. The CCCVB 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 CCCVB within 30 days after the Event. E. 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 CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Repairs to Premises. Parks Director will provide the CCCVB'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 CCCVB has vacated the property, following the conclusion of the Event. CCCVB 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 CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB 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 CCCVB'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. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Special Event Permit. CCCVB 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. CCCVB 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 5 of 17 B. Temporary Promotional Event Permit CCCVB 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 CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CCCVB 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. CCCVB 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. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB 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. CCCVB 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, CCCVB 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, CCCVB must obtain necessary permits from the United States Coast Guard. G.Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. CCCVB 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 Page 6 of 17 A. Barricades, Traffic Signs. The CCCVB 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 alternate street access. CCCVB 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. B. Parking. The CCCVB 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. CCCVB'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 CCCVB 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. CCCVB may providetemporary 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 C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in § 4, PREMISES REVISIONS. F. Storm Water System Protection. CCCVB 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. CCCVB must remove the screens within the non-exclusive use period after the close of the Event. However, CCCVB 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 CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVBS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H.Temporary Buildings. CCCVB 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 Page 7 of 17 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). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB 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 CCCVB and taken to a location designated by the CCCVB. CCCVB 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 CCCVB'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 CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB 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 CCCVB with the terms and conditions contained within this Lease Agreement. 13. EMERGENCY VEHICLE LANES. CCCVB 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. During Event hours, CCCVB agrees to utilize CCPD officers to provide security, to be coordinated through a CCPD -designated liaison. Costs for the CCPD officers are covered in §8 CCCVB FINANCIAL OBLIGATIONS, above.. However, the full costs for the liaison are to be invoiced separately to the CCCVB. CCCVB may provide additional security officers during the Event, and after the Event closes each night, until it opens the next day. CCCVB will assign the security officers duties. Page 8 of 17 If the City Police Chief determines it is necessary, the Police Chief will assign additional Police Officers to provide off-site crowd and traffic control for the Event beyond the boundaries of the Event and traffic control plans identified in this contract. The use of additional police officers will be billed at full cost and will be included in the final invoice. Event organizer will be informed if additional officers are needed. 15. SAFETY HAZARDS. The CCCVB, 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. CCCVB agrees to comply with attached insurance Exhibit D. In addition, CCCVB'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. CCCVB 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. CCCVB 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 CCCVB'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. CCCVB 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. CCCVB must require all volunteers to sign an accident waiver form that CCCVB must keep on file. The City Attorney will approve the form. In the event of accidents of any kind, CCCVB 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, CCCVB 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 CCCVB. 17. INDEMNITY. CCCVB 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 Indemnitees 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 Indemnitees or on the part of CCCVB Page 9 of 17 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 Fiesta de la Fior event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result, proximate or remote, of the violation by Indemnitees or Indemnitors 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 Indemnitors 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. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB 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: 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 If to CCCVB: Event Manager Corpus Christi CCCVB 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78401 19. ASSIGNMENT. CCCVB 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 CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CCCVB entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a set-off against any debt or liability of CCCVB to City otherwise accrued by breach hereof. Page 10 of 17 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 CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB 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. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB 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. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB 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 CCCVB'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 Margie C. Rose City Manager Approved as to form: q • 2 / By: i..c4-7 Lisa Aguilar, AssistanY`City Attorney For the City Attorney .CORPUS CHRISTI CONVENTION AND VISITORS BUREAU By: Name: Title: Date: u Use Page 11 of 17 EXHIBIT A Description of Fiesta de la Flor and related activities Fiesta de la Flor - scheduled for March 24 - 25, 2017 - celebrates the third year of the festival dedicated to honoring the life and legacy of Corpus Christi's hometown icon, Selena Quintanilla Perez. Predominately a music festival, Fiesta de la Flor features an incredible line-up of Tejano, Norteno and Hispanic rock music stars.. The footprint for the 2017 festival allows for an indoor shopping experience, with artisan vendors inside the American Bank Center Exhibit Hall. Local and out of town food trucks are featured along Shoreline Boulevard and bring attendees delicious and affordable tastes from the Coastal Bend. With top-notch production values, high- quality tech, a stellar fireworks show and much more, the 2017 Fiesta de la Flor promises to be an even more transformative experience for Selena fans across the world — and continue to put Corpus Christi on the map as a top festival venue! In 2016, Fiesta de la Flor festivals attracted 55,000 attendees, with 59% of the attendees coming from outside the greater Corpus Christi -area. The festival generated an indirect economic impact of $15 million and created a 19.6% increase in hotel occupancy compared to that same weekend's occupancy in 2015. Overall hotel occupancy for the 2017 Fiesta de la Flor weekend was 87.2%. Attendees came from across the United States, from Chicago, Los Angeles and Miami and Texas drive markets. The festival also drew international attendees from several countries, including Mexico, Guatemala, Ecuador, Peru and more. Pre -sale tickets will be sold online via www.ticketfly.com, and festival organizers still believe in keeping it at an affordable price point for two-day passes and individual ticket sales. Tickets will go on -sale in January 2017. Fiesta de la Flor could not happen without it's valued community partners: the City of Corpus Christi's Parks and Recreation and Traffic Engineering Departments, CC Police Department, American Bank Center, the Corpus Christi Regional Transportation Authority and Nueces County. The Corpus Christi Convention and Visitors Bureau gratefully acknowledges the Quintanilla family for their continued support and partnership in the development and success of Fiesta de la Flor. EXHIBIT B Dates of Fiesta de la Flor: Friday, March 24, 2017 and Saturday March 25, 2017 Set -Up: Monday March 20, 2017 with traffic closures beginning on Monday, March 20, 2017 Take Down: Sunday, March 26, 2017, with some traffic control devices removed early morning Monday, May 7, 2017. EXHIBIT C Site Map and Description of City Property being Utilized ° 1 • •/j roments 11:30p n Saturday McDonat n FIESTA TOUR Thes'ellied 61— CITGO. FUELING GOOD' CHRP US IS71 CONVENTIONVISITORS BUREAU Page 15 of 17 EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) 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 16 of 17 LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee 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, Lessee 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 Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. 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. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, 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; Page 17 of 17 • 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, and/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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2014 Insurance Requirements Parks and Recreation Dept. Fiesta De La Flor Event 12 29 2014 ds Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: October 11, 2016 TO: Margie C. Rose, City Manager FROM: Kim Baker, Assistant Director of Financial Services Kimb2 c(�cctexas.com (361) 826-3169 Edgar Leonard, Director of Facilities and Property management Edgarl(c�cctexas.com (361) 826-1870 Mike Markle, Police Chief MikeMa(c�cctexas.com (361) 886-2601 Service Agreement for Uniformed Security Guard Services CAPTION: Motion approving a service agreement for uniformed security guard services with BasE Security and Fire Consultants, LLC, of Rosenberg, Texas, in accordance with request for proposal No. 152, based on best value, for a total estimated expenditure of $586,828.75, of which $537,926.35 will be funded in FY2016-2017. The term of the agreement shall be for one year with options to extend for up to two additional one year periods, subject to the approval of the contractor and the City Manager or designee. PURPOSE: This motion is to approve a service agreement for uniformed security guards that will be assigned at multiple City facilities. BACKGROUND AND FINDINGS: The City's Purchasing Department developed Request for Proposal (RFP 152) for Uniformed Security Guards with the assistance of end-user departments, and a Senior Buyer of the City's Purchasing Division. The RFP was advertised and issued on July 18, 2016. An evaluation team comprised of key end-user departments, reviewed the proposals and scored each according to the criteria outlined the RFP. Ten proposals were received on August 18, 2016 and the team held an evaluation meeting on August 22nd to review the proposals and evaluate on a pass/fail evaluation criteria based on minimum qualifications. Five proposals met the minimum qualifications and proceeded to the next level of the evaluation process, which consisted of a review of the technical proposals based on the following criteria and weighting scale: Firm experience 18 points Team Experience 18 points Understanding of Project Scope 14 points There were a total of three proposers that scored 45 points or higher and two proposers that scored in the 30's. Interviews were held with the top three proposers that fell in the natural break of 45 or better. The three proposers invited for an interview were Champion National Security, AMTEX Security Inc. and BasE Security & Fire Consultants, LLC. After the interviews were conducted and scored by the evaluation committee on the same criteria, proposal and interview scores were then combined and price was then evaluated and price points were added for a final score. Through the evaluation process a determination as made that highest scoring firm, BasE Security & Fire consultants, LLC. would provide the best value to the City based on their technical proposal, interview and pricing. The uniformed security guards will be armed and unarmed, and will provide onsite security at various locations including City Hall, Frost Bank Facility, Libraries, O.N. Stevens Water Plant, Juvenile Assessment Center, the Airport and Corpus Christi- Nueces County Public Health District. The security guards shall be responsible for patrolling and monitoring all spaces contained within the buildings and surrounding parking areas to ensure safety and order are maintained. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Facility Maintenance, Health, Airport, Park & Recreation, Library, and Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,312,869.63 $2,625,739.26 $3,938,608.89 Encumbered / Expended Amount $327,695.45 $0.00 $327,695.45 This item $537,926.35 $1,222,559.90 $1,760,486.25 BALANCE $447,247.83 $1,403,179.36 $1,850,427.19 Fund(s): Facility & Property Management, General, Airport, Water, and Park & Recreation Comments: The initial contract term total is $586,828.75, of which $537,926.35 will be funded in FY2016-2017. The total contract value will be $1,760,486.25 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Presentation SERVICE AGREEMENT No. 830 Uniformed Security Guard Services THIS Uniformed Security Guard Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and BasE Security & Fire consultants, LLC. ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Uniformed Security Guard Services in response to Request for Bid/Proposal No. 152 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Uniformed Security Guard Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 1. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $586,828.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Corpus Christi International Airport and O.N. Stevens work will all be authorized by Task Order. Task Orders will be issued for the work needed. No work will be performed without a Task Order. The Task Order will authorize a not to exceed amount for the Services at the price per hour outlined in this Agreement. Page 1 of 12 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Marc Harrod, Senior Officer City Hall Liaison Officer 361-826-1751 MarcH©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's Page 2 of 12 bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is 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, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Page 3 of 12 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Senior Officer Marc Harrod City Hall Liaison Officer 1201 Leopard St. Corpus Christi, TX 78401 361-826-3697 IF TO CONTRACTOR: BasE Security & Fire Consultants, LLC. Attn: Sandra S. Basile Owner 24301 Brazos Town Xing 500-9 Rosenberg, TX 77471 Fax: (832) 595-1123 17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT 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 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 CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED Page 4 of 12 THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments A -C B. the solicitation document, including addenda (Exhibit 1) C. the proposers proposal attachment D Page 5 of 12 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. 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. (SIGNATURE PAGE FOLLOWS) Page 6 of 12 CONTRACTOR Signature: Printed Name: v2 -j Title:X�iv�, Date: Oei ! O s r c CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Proposers Proposal Incorporated by Reference Only: Exhibit 1: RFP No. 152 Page 7 of 72 Attachment A - Scope of Work 1. General Requirements (All Facilities): A. The Contractor shall provide all uniformed security guard services, "on-site" monitoring of various City Facilities as specifically outlined for each facility. Requirements for patrolling these areas shall be as outlined in this Scope of Work. B. Type of Security - The "Lead" Security Guard and one Back -Up Security Guard assigned to City Hall shall be armed with a firearm. Other Security Guards are forbidden to carry any type of firearm, visible or concealed except where otherwise specified for the specific facilities outlined in this scope of work. Any nightstick, baton, billy club, flashlight, or other device which might be construed as a protective weapon which the Contractor may wish the Security Guard to carry, must be specifically approved in advance by the Contract Administrator. C. Identification - Contractor must provide all Security Guards a certified identification card. Security Guards, supervisors, and any employee of the Contractor shall be required to wear a Contractor -provided photo identification card at all times. Contractor shall provide to the Contract Administrator a list containing the names and a passport -size photograph of each Security Guard assigned to duty. Contractor shall keep such list with photographs current at all times. No "trainees" will be allowed in place of Security Guards. D. Experience - "Lead" Security Guards assigned to duty at City Hall must have a minimum of three years' of experience as a Security Guard or Law Enforcement Officer and be a commissioned Level 3 Uniformed Security Guard. Back-up Security Guards assigned to City Hall must have a minimum of one year experience as a Security Guard or Law Enforcement Officer and be a commissioned Level 3 Uniformed Security Guard. Guards assigned to other City facilities must have six months experience as a Security Guard or Law Enforcement Officer and be a Level 2 Uniformed Security Guard, and must have been employed by Contractor for a minimum of six months. Contractor must provide Contract Administrator proof of years of experience. The Contract Administrator reserves the right to waive these requirements if Contractor can provide "good reason" concerning experience or time employed. E. Drug Testing - Contractor must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain -of -custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: EMIT SCREEN GC/MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml* ng/ml* Amphetamines 500 250 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 * nonograms/milliliter ** The limit of detection varies according to the specific drug and/or metabolite(s) present. Contractor shall conduct drug testing prior to assignment and placement and will conduct random drug tests, in compliance this scope of work, on all Security Guards assigned to duty. Contractor shall review all drug tests. Any employee of the Contractor failing a drug test shall not be assigned to duty. Contractor will provide the written results of any drug test within 24 hours of City's request for same. F. Background Checks - At Contractor's expense, and as a prerequisite to placement, Contractor shall perform background and credit investigations on every Lead Security Guard and Back-up Security Guard and furnish the results of same to the Contract Administrator, or designee, who will determine each prospective guard's eligibility for placement with the City, prior to Contractor making placement. Contractor's failure to provide written proof, acceptable to the Contract Administrator, that the above-described background and credit checks were conducted for each Lead Security Guard and Back-up Security Guard prior to placement and are favorable for placement, shall result in the City deducting $500, for each such unauthorized placement, from the invoice applicable to the month in which such unauthorized placement(s) was/were made. Credit Investigations - All credit investigations shall be conducted on a national basis and shall reflect "Actual" credit history. For those prospective Lead Security Guards and Back-up Security Guards who have resided solely in the State of Texas for the ten years immediately preceding their placement with the City, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which said employee has resided. For those prospective Lead Security Guards and Back-up Security Guards who have resided outside the State of Texas at any time and for any duration of time during the ten years immediately preceding placement with the City, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: federal records and records of the states and counties/parishes in which said prospective Lead Security Guards and Back-up Security has resided in the ten years immediately preceding placement with the City. All background checks shall search for criminal convictions and Also -Known -As (AKA). Security Guards must also comply with all Police Department security checks. An employee of the Contractor failing a background or Police Department check or who, in the opinion of the Contractor or the City, has an abnormally high debt -to -earnings ratio, shall not be assigned to duty at any City facility. G. Smoke Free - All City Facilities are "Smoke Free" buildings. Therefore, no smoking is allowed by employees, contractors, vendors, visitors or anyone within the building, including Contractor's employees. H. Training/Customer Service - All Security Guards assigned to duty shall be trained and undergo periodic refresher training in the following areas: (1) Red Cross -Certified First Aid procedures and resuscitation. Procedures including the use of cardio -pulmonary resuscitation (CPR) and the Heimlich maneuver. Proof of training for each assigned Security Guard must be submitted to the Contract Administrator. (2) Communication procedures including the use of portable two-way radio equipment and cellular telephones. (3) Police procedures in: public relations, facility security, personal safety, emergency management, personal assaults, disorderly conduct, public intoxication, juvenile delinquency, patrolling and surveillance and reporting techniques. (4) The Contractor will make sure all Security Guards are trained to write and maintain daily reports, including, but not limited to, those detailed in this scope of work. Security Guards will be trained to document activities or problems in City Facilities, as well as, properly complete accident or incident reports covering mishaps, unusual events, unexpected occurrences, and the like. 2. Contract Employees (All Facilities): Contractor's Security Guards and Supervisors will conduct themselves in a businesslike and professional manner at all times. The Contractor expressly agrees to remove from duty any Security Guard whose continued employment is deemed by the Contract Administrator to be contrary to the public interest or inconsistent with the best interest of the City. 3. Identification of Contract Employees (All Facilities): All of Contractor's employees regularly employed as Security Guards or in the direct supervision of Security Guards under this Contract shall be identified by a distinctive uniform complete with photo badge and name tag identifying each employee individually. 4. Pre -Performance Conference (All Facilities): Prior to commencing work under the Contract, the Contractor shall meet in conference with the Contract Administrator to develop mutual understandings relative to this contract and to provide for a smooth assumption of duties. 5. Damage or Loss of Property (All Facilities): The Contractor is responsible for taking action to protect City supplies and equipment and the personal property of its employees from loss, theft, damage, or tampering. 6. Invoicing Instructions (All Facilities): Contractor's invoices will be submitted to the Contract Administrator within five working days following the end of each calendar month in which services are performed. Upon verification of the work performed and charges, the Contract Administrator will process the invoices for payment. 7. Emergency Procedures (All Facilities): Contractor shall be thoroughly familiar with the fire prevention systems and Emergency Procedures Manuals for all Facilities. The Contractor and each Security Guard shall observe and enforce all building Fire and Safety regulations including but not limited to those regarding smoking and shall be cognizant of and observe all requirements for handling and storage of combustible waste, trash, etc. Contractor shall promptly report all infractions of these rules and requirements to the Contractor Administrator. 8. Contractor Quality Control (All Facilities): The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision to the extent that a senior officer of the Contractor will personally visit and inspect the on duty Security Guard randomly and not less than once during each day time shift. These visits will be recorded in the Daily Log kept by the Security Guard. All new Security Guards duties will be personally supervised by a Lead Security Guard or other experienced person for not less than the initial 16 hours the new Security Guard is on duty, to familiarize the new Security Guard with building systems and procedures before assuming independent duty. At least twice annually, the Contractor will conduct a comprehensive inspection of security operations, requirements, and weaknesses or problems. The results of this inspection will be compiled in a formal report, a copy of which will be given to the Contract Administrator, twice annually. The report will highlight current Contract performance and recommended solutions will be provided for any perceived problem areas. 9. City Quality Assurance (All Facilities): All phases of the services rendered under this Contract are subject to the inspection and approval of the Contract Administrator. If the Contractor's overall performance is unsatisfactory, the Contract Administrator will so notify the Contractor in writing. The Contractor shall reply to such notice in writing within three working days with an outline or plan of corrective action which must be acceptable to the Contract Administrator, or designee. Contractor's continued unsatisfactory performance shall be sufficient cause for termination of this contract. 10. Facility Specific Requirements: A. City Hall Specific Requirements: Services will be provided at City Hall located at 1201 Leopard Street, Corpus Christi, Texas. Security services for City Hall apply to all spaces contained within the City Hall building, including, but not necessarily limited to: screening of visitors to City Hall through the walk through metal detector or hand wand. Checking for identification cards of city employees that enter through the public entrance. Monitoring several security cameras that are placed in and around the building, patrolling of atriums, halls, restrooms, office spaces, work areas, conference rooms, public meeting areas, entranceways, lobbies, storage areas, elevators and stairways. Also included are patrolling of those parking areas, porches and walkways, drives and the Remote Utilities Depository Building immediately adjacent to and serving the City Hall complex. Security Access Systems and City Hall Fire Alarm Systems as described herein. B. Frost Bank Specific Requirements: Services will be provided at the Frost Bank Building located at 2406 Leopard Street, Corpus Christi, Texas. The Frost Bank Building also functions as the Emergency Operations Center (EOC) in the event of a disaster. The Contractor shall provide all uniformed Security Guard Surveillance, Security Services, "on-site" monitoring of the Frost Building Security Access Systems and Fire Alarm Systems, as described herein. Security services apply to all spaces contained within the Frost Bank Building, Corpus Christi, Texas, including, but not necessarily limited to: patrolling of halls, restrooms, office spaces, work areas, conference rooms, public meeting areas, entranceways, lobbies, storage areas, elevators and stairways. Also included are patrolling of parking areas, stairwells, porches and walkways, and drives. Requirements for patrolling these areas shall be as outlined in this scope of work. C. Juvenile Assessment Center (JAC) Specific Requirements: Services apply to all spaces contained within the JAC located in the Wilson Plaza Building at 615 Leopard Street, Suite 105, Corpus Christi, Texas including, but not limited to halls, restrooms, office spaces, work areas, public meeting areas, entranceways, lobbies, and storage areas. Also included is the parking area and walkway immediately outside the night-time entry door to the JAC. On-site surveillance services shall be limited to include working with on-site building security staff on the monitoring, verification and notification of alarms to the appropriate authorities. The Contractor shall be responsible for (a) the follow-up communication with building security on any signal from the installed building alarm system which shall be maintained by the Wilson Plaza Building and monitored by its own security staff; (b) notification of the activated alarm as it affects the JAC to the Community Services Superintendent and/or designee during normal or overnight working hours; and (c) ensuring all personnel and visitors to the JAC are safely evacuated from the building as required. Services for the JAC will include, but are not limited to, patrolling the interior and immediate exterior of the office suite to monitor for fire, theft, vandalism, irregular behavior, and unsafe conditions; advising patrons of the posted rules of conduct; opening the office suite in the morning and securing the office suite at the end of the day by ensuring all exit entries are locked; ensuring staff and patrons have cleared the office suite at closing time and, if requested, are safely escorted to their vehicles; and providing public with general directional information. D. Libraries Specific Requirements: The Libraries to be covered by these Services are as follows: La Retama Central Library located at 805 Comanche, Corpus Christi, Texas Ben F. McDonald Public Library located at 4044 Greenwood, Corpus Christi, Texas Dr. Clotilde P. Garcia Public Library located at 5930 Brockhampton, Corpus Christi, Texas Janet F. Harte Public Library located at 2629 Waldron Road, Corpus Christi, Texas Services apply to all spaces contained within the Libraries, including, but not limited to: halls, restrooms, office spaces, work areas, public meeting areas, entranceways, lobbies, storage areas, elevators, and stairways. Also included are parking lots, walkways, drives and the book depository immediately adjacent to and/or servicing the Libraries. On-site surveillance services shall include monitoring, verification and relay to appropriate authority all Fire, Police, security and other emergency alarms contained within the building. Response time for Fire Alarms shall be immediate and for Police and emergency security or panic alarms shall be not more than three minutes. Contractor shall be responsible for (a) the reception of a readily detectable signal from installed building alarm system which shall be maintained by the Libraries; (b) notification of the activated alarm to Contractor owned facilities; (c) discrimination of the type of alarm received as to Fire or security; (d) verification insofar as possible of the validity of the alarm; and (e) relay of the alarm to the appropriate agency, within the specified time limits; (f) two way communications between the uniformed security guard and staff at the public service desk. Security services for La Retama Central Library will include, but are not limited to: patrolling the interior and exterior of the building to monitor for fire, theft, vandalism, irregular behavior, and unsafe conditions; advising patrons of the posted rules of conduct; securing the building at closing by: ensuring that patrons and staff have cleared the building at closing, activating security alarm and ensuring that staff reach their vehicles safely at closing. Services for the Ben F. McDonald Public Library, Dr. Clotilde P. Garcia Public Library and Janet F. Harte Public Library will include, but are not limited to: patrolling the interior of the building to monitor for fire, theft, vandalism, irregular behavior, and unsafe conditions; advising patrons of the posted rules of conduct; ensuring that patrons and staff have cleared the building at closing and ensure that staff reach their vehicles safely at closing. At all locations: if the security guard suspects that a situation could escalate as to endanger employees, visitors or anyone in the Library, the security guard shall immediately call the Corpus Christi Police Departments 911 for assistance, the immediacy depending upon the situation encountered. The security guard will record incidents in a daily log and inform Library staff of incidents. E. O.N. Stevens Water Treatment Plant Specific Requirements_ Services will be provided on an as needed basis at the O.N. Stevens Water Treatment Plant located at 13101 Up River Road, Corpus Christi, Texas. Task Orders will be issued for Security Guards at the O.N. Stevens Water Treatment Plant when the need arises for these services. Security Guard services apply to personnel and visitor monitoring of gate located on Hearn Road. F. Airport Specific Requirements: Services will be provided on an as needed basis at the Airport located at 1000 International Drive, Corpus Christi, Texas. Task Orders will be issued for Security Guards at the Airport when the need arises for these Services. Security Guards will patrol outside the buildings, outside parking areas, and man stationary gate checkpoints. Specific duties include checking the identity of driver's license of personnel wanting to enter secured areas of the airport, searching vehicles, and prohibiting unauthorized vehicles form parking in the proximity of the terminal building. While providing security services for events, the Security workers may be expected to guard against unauthorized entry and direct traffic in the parking areas. Many of these duties will involve public contact, therefore it is important that Security Workers be of good character, possess good communication skills, and pay attention to their personal appearance. They should have some experience in watching and safeguarding property, have the ability to give routine information, and be able to deal effectively with people in difficult circumstances. G. Corpus Christi - Nueces County Public Health District: Services will be provided at Corpus Christi/ Nueces County Public Health District (CCNCPHD) located at 1702 Horne Road, Corpus Christi, Texas. Security services for CCNCPHD apply to all spaces contained within the CCNCPHD building, including, but not necessarily limited to: patrolling of the lobby, halls, restrooms, office spaces, work areas, conference rooms, entranceways, storage areas, elevators and stairways. Also included are patrolling of those parking areas, loading docks, walkways, and the W.I.0 external building and modular building immediately adjacent to CCNCPHD complex. Security Access Systems and CCNCPHD Fire Alarm Systems, and security camera monitoring system of CCNCPHD as described herein. 11. Work Site and Conditions: A. City Hall - Services for City Hall shall be provided around the clock (24 hours per day, every day of the year). The work shall be performed in and about the City Hall building, Corpus Christi, Texas. The building consists of a basement, ground floor, five upper level floors with a mezzanine level for elevator operating equipment, and two stair wells. Net floor area in the building is approximately 130,000 square feet which consists primarily of commercial office spaces. The basement contains storage, training room, print shop, mail room, loading dock, mechanical room, computer center, and various office spaces. The first floor contains the main atrium, four prominent entrances, the office of the Mayor and City Secretary, City Council Chambers with meeting rooms, Utilities Business Offices and Collections, Central Tellers and Cash Management, Senior Community Services, E -Government, and Human Relations. Second floor through fifth floor contain offices, meeting rooms, storage, and reception areas. Sixth floor contains a meeting room, wellness clinic, and fitness room. Each floor has a male and female restroom. The City Hall building is served by three passenger elevators, one freight elevator; and two escalators. The escalators only serve the first and second floor levels. Also included are three paved and lighted on-site parking lots and a Remote Utilities Depository Building. City Hall is equipped with a metal detector, Security Access System, Closed Circuit Television System with multiplex monitors and recording capabilities serving several areas, an automatic fire alarm system and a full sprinkler (fire suppression) system. Some of the areas monitored by CCTV include Central Cashiering/Utilities Collection area, the City Secretary/Mayor's reception area, the four main entrances to the ground floor, and the loading dock in the basement. The City Council Chambers, City Secretary's Office, Mayor's Office and City Manager's Office, and Central Cashiering are equipped with panic alarms. As part of the Security Access System, the exterior doors and selected interior doors to certain secured areas are controlled by magnetic locks and card readers as well as by locking hardware. The Fire Alarm System and the Security Access System are located in the Security Center on first floor. The City Hall building is open to the public during normal business hours from 8 a.m. to 5 p.m., Monday through Friday except official City holidays. The City Council Chambers and other conference areas in the building are used for public meetings after normal business hours on a recurring basis. Customarily, after hours meetings are limited to the basement training room, first floor conference rooms, and City Council Chambers. On an average work day, the building houses approximately four hundred City employees and receives between one and two thousand visitors. Except for specific areas under lock and key, City Hall is generally open to the public during normal business hours. Security Guard Surveillance and Patrolling Procedures: Security Guards shall be assigned to duty at City Hall as follows: Shift A - Lead Security Armed Guard from 6:00 am to 3:00 pm, Monday through Friday. Lead Security Guard shall address any concerns that City staff may have regarding the security of the building, grounds, and parking lots, and shall be able to provide direction to the back-up security guard in order to get these resolved. A second Armed Security Guard which is the back-up to the Lead Security Guard shall be assigned to duty at City Hall from 7:00 am to 6:00 pm, Monday through Friday. Security Screeners: Two unarmed security guards will be positioned at the metal detector from 7:30 am until 5:00 pm. These two guards will welcome visitors to City Hall and direct them through the metal detector. If the metal detector is activated, a guard will wand the visitor with a hand wand to determine the source of the activation. The guards will also check employees that enter this entrance to make sure they have City identification cards. If so, they may pass without going through the metal detector. Shift B - The afternoon unarmed security guard will be assigned to duty from 3:00 pm to 11:00 pm, Monday through Friday. Shift C - The night unarmed security guard will be assigned to duty from 11:00 pm to 7:00 am, Monday through Friday night into Saturday morning. Weekend Shifts: One unarmed Guard shall be assigned to City Hall from 7:00 am Saturday until 7:00 pm Saturday night. One unarmed guard will be assigned to City Hall from 7:00 pm Saturday night to 7:00 am Sunday Morning. One unarmed guard will be assigned to City Hall from 7:00 am Sunday to 7:00 pm Sunday night. One unarmed guard will be assigned to City Hall from 7:00 pm Sunday night to 7:00 am Monday Morning. The weekend shift guards shall be responsible for patrolling the building's interior spaces. This shift may be broken up by Contractor. Besides providing industry standard Security Procedures and those identified in this Section, Security Guards shall provide for the following: Security Guards shall be responsible for screening visitors to City Hall through the walk through metal detector or wand. Checking for identification cards of city employees that enter through the public entrance. Patrolling the building's interior spaces, grounds, and parking lots. The Security Guard that is assigned to patrol the building's interior shall require that transients, vagrants, and others that are in City Hall for other than the conduct of normal business will peacefully leave the building. If the Security Guard suspects that a situation could escalate so as to endanger employees, visitors, or anyone in or at City Hall, he/she shall immediately call the Corpus Christi Police Department 911 for assistance, the immediacy depending upon the situation encountered. The Security Guard that is assigned to patrol the exterior or the parking lots, shall carry a cellular phone at all times while he/she is outside of the building. Special emphasis shall be paid to parking lot patrolling while employees are arriving for work in the morning and returning to their cars in the evening. Shift B Security Guards shall be responsible for screening visitors to City Hall through the walk through metal detector or wand. Checking for identification cards of City employees that enter through the public entrance. Patrolling the building's interior spaces. Additionally, special emphasis shall be paid to parking lot monitoring while attendees of after hour meetings are returning to their cars at night. The Security Guard shall be available to and responsible for escorting individuals from City Hall to their vehicles outside of normal business hours, if requested. While escorting outside of the building, outside normal business hours, the Security Guard shall carry a cellular phone at all times while he/she is outside the building. Shift C Security Guards shall be responsible for patrolling the building's interior spaces. B. Frost Bank - The work shall be performed in and about the Frost Building, Corpus Christi, Texas by Level 2 Unarmed Security Guards. The hours services are required are Monday through Friday 6:00 a.m. - 10:00 p.m. The building consists of a ground floor and four upper level floors. Net floor area in the building is an approximately 41,289 square feet which consists primarily of commercial office spaces. The first floor contains the main lobby, with one prominent entrance, Development Services, and cashiering services. Second floor through third floor contain offices, kitchen area, meeting rooms, storage, and reception areas of the Fire Department. Fourth floor contains the EOC, meeting rooms, office spaces, storage, and media area. Each floor has a male and female restroom. The Frost building is served by one elevator. Also included is an L-shaped paved and lighted on-site parking lot. The Frost Building is equipped with a Security Access System, Closed Circuit Television System with multiplex monitors and recording capabilities serving several areas, an automatic fire alarm system and a full sprinkler (fire suppression) system. As part of the Security Access System, the exterior doors and selected interior doors to certain secured areas are controlled by magnetic locks and card readers as well as by locking hardware. The Fire Alarm System and the Security Access System are located in an office on the third floor monitored by the Fire Department. The Frost Building is open to the public during normal business hours from 8 a.m. to 5 p.m., Monday through Friday except official City holidays. The conference areas in the building are used for public meetings after normal business hours on a recurring basis. On an average work day, the building houses approximately one hundred City employees and receives about five hundred visitors. Except for specific areas under lock and key, the Frost Building is generally open to the public during normal business hours. The public is to be escorted into any office on first floor by either City Staff or Security personnel. Security Services for the Frost Bank Building shall be required 16 hours per day, five days a week for 52 weeks out of the year. Security Guard Surveillance and Patrolling Procedures: A Level 2 Unarmed Security Guard shall be assigned to duty at the Frost Building from 6:00 a.m. to 10:00 p.m., Monday through Friday. Lead Security Guard shall address any concerns that City staff may have regarding the security of the building, grounds, and parking lots, and shall be able to provide direction to the back- up security guard in order to get these resolved. This shift may be broken up by the Contractor. Besides providing industry standard Security Procedures and those identified in the contract, Security Guards shall provide for the following: The Security Guard assigned to Frost Bank shall be responsible for continuously patrolling the building's interior spaces, grounds, and parking lots. The Security Guard that is assigned to patrol the building's interior shall require that transients, vagrants, and others that are in Frost Building for other than the conduct of normal business will peacefully leave the building. If the Security Guard suspects that a situation could escalate so as to endanger employees, visitors, or anyone in or at Frost Building, he/she shall immediately call the Corpus Christi Police Department 911 for assistance, the immediacy depending upon the situation encountered. The Security Guard assigned to Frost Bank shall patrol the exterior of the building and the parking lots frequently. The Security Guard shall carry a cellular phone at all times while outside of the building. Special emphasis shall be paid to parking lot patrolling while employees are arriving for work in the morning and returning to their vehicles in the evening. Additionally, special emphasis shall be paid to parking lot monitoring while attendees of after hour meetings are returning to their vehicles at night. The Security Guard shall be available to and responsible for escorting individuals from Frost Building to their vehicles outside normal business hours, if requested. While escorting outside of the building, outside normal business hours, the Security Guard shall carry a cellular phone at all times while he/she is outside the building. C. JAC - The work shall be performed at the Juvenile Assessment Center located in the Wilson Plaza Building at 615 Leopard Street, Suite 105, Corpus Christi, TX. The office suite is located on the first floor of the Wilson Plaza Building. The suite area is approximately 4,800 square feet which consists primarily of a lobby and reception desk area, plus ten offices, three storage rooms, a kitchen area, three rest rooms, a large conference with an adjacent open office area. Also included is public parking immediately in front of the office suite. The suite contains four entry/exit doorways. The office suite is open to the public for normal daytime business from 8:00 a.m. to 7:00 p.m. daily from Monday through Thursday, and Friday 8:00 a.m. to 5:00 p.m. except City of Corpus Christi holidays. The JAC is also open overnight from 10:30 p.m. to 6:30 a.m. each and every night for 365 days a year, regardless of holidays. The Contractor will be expected to maintain the following schedule: Monday through Friday* 9:00 a.m. 5:00 p.m. Monday through Sunday** 10:30 p.m. 6:30 a.m. *Guards are only needed for daytime shift when school is in session. **Office to remain locked at night except to admit a law enforcement officer. On an average work day, the office suite houses about 8 City of Corpus Christi employees during the day and receives one to twenty visitors (1 employee and 3 visitors at night) . Except for specific areas restricted to JAC personnel, the suite is open to the public during daytime working hours. Periodically, JAC personnel may encounter difficulty identifying a parent or legal guardian to pick up a youth in JAC custody. JAC personnel may be required to stay beyond normal working hours until a responsible adult or a representative of Child Protective Services arrives. It is the expectation of the Contract Administrator that the Contractor ensures the security guard remain at his or her post at the JAC until the youth is released or the guard is relieved of duty by another security guard or a supervisor. D. Libraries - The work shall be performed at the main library, La Retama Central Library and designated branches which are generally open to the public. Security guards shall be responsible for continuously patrolling the building's interior spaces, grounds and parking lots. Security guards will observe staff walking to their vehicles at closing. La Retama Central Library consists of two operating floors and a closed third floor. Net floor area in the building is about 55,000 square feet which consists primarily of public areas. Public restrooms are located on both floors. The building is serviced by two elevators, on passenger and one freight. La Retama Central Library houses 17 Library and approximately 11 Police employees, with over 12,000 visitors a month. The Contractor will be expected to maintain the following schedule: Tuesday through Saturday 11:00 a.m. 6:30 p.m. Ben F. McDonald Public Library, 14,420 square feet, houses nine employees and receives on average over 9,000 visitors a month. The Contractor will be expected to maintain the following schedule: Monday through Wednesday 3:00 p.m. to 8:15 p.m. Thursday through Friday 2:00 p.m. to 6:15 p.m. Saturday 1:00 p.m. to 6:15 p.m. Dr. Clotilde P. Garcia Public Library, 13,233 square feet, a joint facility with Kaffie Middle School, houses nine Library and two school employees, with over 12,000 visitors a month. The Contractor will be expected to maintain the following schedule: Monday and Tuesday 3:30 p.m. to 8:15 p.m. Wednesday 3:30 p.m. to 9:15 p.m. Thursday through Friday 3:00 p.m. to 6:15 p.m. Janet F. Harte Public Library, 19,900 square feet, a joint facility with the Flour Bluff High School houses nine Library and two School employees, with over 13,000 visitors a month. The Contractor will be expected to maintain the following schedule: Monday through Thursday 3:15 p.m. to 8:15 p.m. Friday 2:15 p.m. to 6:15 p.m. E. O.N. Stevens - The O.N. Stevens Water Treatment Plant is open to the public only by prior arrangement during normal business hours from 8:00 a.m. to 5:00 p.m., Monday - Friday. If needed, the Security Guard shall be assigned to duty at the O.N. Stevens Water Treatment Plant work hours will be from 8:00 am to 5:30 pm Monday - Friday. Security Guard shall be responsible for continuously monitoring the Hearn Road entry gate at the O.N. Stevens Water Treatment Plant. If the Security Guard suspects that a situation could escalate so as to endanger employees, visitors, or anyone in or at the O.N. Stevens Water Treatment Plant, the Security Guard shall immediately call the Corpus Christi Police Department 911 for assistance, the immediacy depending upon the situation encountered. The Security Guard shall carry a cellular phone at all times that they are outside of the Security Guard Station. F. Airport - If needed, the work shall be performed at the Corpus Christi International 1000 International Drive in several locations on the property. The primary location is at the entrance to the Rental Car Ready Return Lot just east of the main terminal building. Other locations may include the terminal building, curbside in front of the building, parking lot facilities, and at other security gates around the perimeter of the airport. Current hours of operations are Monday - Friday 3:30 a.m. to 11:30 p.m. or after the last flight has arrived for the evening. On occasion the position will needed to be staffed outside of normal hours due to late flights. Hours and the number of required personnel are subject to change depending on the requirements of the Department of Homeland Security -Transportation Security Administration (DHS -TSA). Work may need to be performed in all types of weather conditions including inclement. Since the Rental Car Return Post is not equipped with any bathroom facilities, it shall be the Contractor's responsibility to provide their employees with breaks. Guards leaving their post without a suitable authorized CCIA badged guard from the Contractor will result in the Guard being removed from the post and would constitute a security violation and breach of contract. G. Corpus Christi - Nueces County Public Health District - The staff requirements of the CCNCPHD are one Security Guard for surveillance and staff, patient, and property safety & protection. The work shall be performed at the Corpus Christi-Nueces County Public Health District ("CCNCPHD") located at 1702 Horne Road. The primary entrance to the property is from Horne Road with a secondary access entrance from Greenwood Drive. There are also two freestanding buildings on the property that require services: the Women, Infant and Children ("W.I.0") building located directly behind the main facility, and the ("W.I.0") mobile administration building directly adjacent to the main W.I.0 building. The main facility consists of two operating floors with fifteen individual sections, a lobby, and an auditorium. Included on the facility property are several areas of parking immediately adjacent to all three buildings. The property has a gated area for mobile equipment to the north side of the building that is accessible by a PIN Code. The main building is serviced by one elevator and two stairwells. The CCNCPHD is open to the public during the normal business hours of 8:00 a.m. to 5:00 p.m. daily from Monday through Friday; however, on the first Monday of each month the facility is open from 8:00 a.m. to 6:00 p.m. The CCNCPHD is closed for all City of Corpus Christi observed holidays. The Contractor will be expected to maintain the following schedule: First Monday of each month 8:00 am - 6:30 pm Monday - Friday 8:00 am - 5:00 pm 12. Installed Systems: The following systems are to be monitored for each location: A. City Hall - (a) Fire alarm monitor and control: Bosch Security / Microm (b) Card access control system and ID Badge: RS2 Technologies (c) Video surveillance system, cameras and digital video recorders: Vicon Industries B. Frost Bank - (a) Fire alarm monitor and control: Bosch Security / Notifier (b) Card access control system and ID Badge: RS2 Technologies (c) Video surveillance system, cameras and digital video recorders: Vicon Industries (d) Intercommunication System: Ring Communications C. JAC - (a) Fire alarm monitor and control (b) Security Alarm monitor and control D. Libraries - (a) Fire alarm monitor and control (b) Security Alarm monitor and control E. O.N. Stevens - None at this time F. Airport - None at this time G. Corpus Christi - Nueces County Public Health District - The following systems are to be monitored for this location: (a) Fire alarm monitor and control (Safeguard services) (b) Security Alarm monitor and control (Safeguard services) (c) Card access control system and ID Badge (Safeguard services) (d) Video surveillance system, cameras and digital video recorders (Safeguard services) 13. Reports: The Contractor will prepare and submit the following reports for the City Hall, Frost Bank, JAC, the Libraries, O.N. Stevens*, Airport and Corpus Christi - Nueces County Public Health District: (a) Daily log - This report will be a running summary of activities of note during each work shift in the building and its environs. As a minimum the following items will be noted by the security guard and recorded in the log: (1) Name and rank of Security Guard. (2) Time on duty, time off duty. (3) Acknowledgment that oncoming Security Guard has read and understands all special instructions for the location. (4) Acknowledgment that required rounds of the building and adjacent areas have been made. (5) Unlocked doors after regular working hours or scheduled closing (6) Faulty or missing equipment in the building. (7) Fire hazards of any kind including trash accumulation and inoperative exits or blocked fire routes. (8) Lights or electrical equipment left on. (9) Safety hazards of any type. (10) Any violation of established security rules. *For O.N. Stevens only reports (a) (1)-(4) will be required. (b) Accident or Incident Report: Reports of accidents or incidents on City premises will be promptly written as occurring and provided to the Contract Administrator. Such reports will be completed in full by the Lead Security Guard on duty at the time of the accident/incident and made available immediately to the Contract Administrator, Risk Management and the Contractor. (c) Copies of each Daily Log and any accident or incident reports shall be faxed to the Contract Administrator or designee not later than 8:30 a.m. on the business day following the day the reports were made. (d) Each Quarter, the Contractor will provide an analysis, based on actual inspection of security operations in the facility. Report will contain a comprehensive description of all perceived problem areas and recommendations for correction. For each report not turned in to the Contract Administrator by the specified due date, the City will deduct $50 from the next monthly invoice. The Contractor will prepare and submit the following additional reports for City Hall and Frost Bank only: Sign-In/Sign-Out log - This record shall be maintained after normal working hours and shall contain the names, time of arrival, destination, and time of departure of all visitors to each location except those City employees who have been issued security access cards. With the exception of the City Manager, Assistant City Managers, identified maintenance and designated management personnel, unless they have their own keys, employees will be admitted only to the areas in which they are normally employed. Any exceptions must have prior approval by the responsible operating department head or the Contract Administrator. The Contractor will prepare and submit the following additional reports for JAC only: (a) Officer's Daily Intake Log - this chart contains information about youth brought to the JAC by law enforcement officers for committing a curfew or other Class C misdemeanor offense. Security guards will be expected to provide the following information: (1) Date (month/day/year) (2) Time of shift (3) Name of security guard on duty (4) Full name of any juvenile brought by a law enforcement officer to the JAC (5) Name of juvenile's school and enrollment status (6) Time juvenile brought in and picked up by parent (7) Referring law enforcement agency (8) Name and relationship of person to whom youth was released (b) Personal Property Report - this report is an account of personal property collected from the youth accepted into JAC custody for a Class C misdemeanor. The items are collected to protect the safety of JAC personnel, security guards and visitors and to ensure all important and valuable items are returned in the presences of the juvenile's parent or legal guardian. Items are kept in secured storage. At a minimum, the security guard will note the following information: (1) Name of youth in JAC custody (2) Name of security guard on duty who will collect personal property (3) Money or other valuables collected (4) Medications in the youth's possession (5) Date (month/day/year) (6) Time property collected/returned (7) Youth's and parent's/legal guardian's signatures 14. Emergency and Alarm Surveillance/Monitoring: A. Requirements for City Hall - Contractor shall provide for "on-site" monitoring of the Security Access System at City Hall. For all security and medical emergencies, the Security Guard on duty shall notify the Corpus Christi Police Department 911 and immediately report the type of emergency and request assistance. Under non -emergency circumstances, when police assistance is required, the Lead Security Guard shall notify the Corpus Christi Police Department to request assistance. B. Requirements for O.N. Stevens - Contractor shall provide for "on-site" monitoring of the Security Gate Access System. For all security and medical emergencies, the Security Guard on duty shall notify the Corpus Christi Police Department 911 and immediately report the type of emergency and request assistance. Under non -emergency circumstances, when police assistance is required, the Security Guard shall notify the Corpus Christi Police Department to request assistance. 15. Facilities And Equipment Provided by the City: A. Provided for City Hall - The City will provide the Contractor space in the Security Center on the first floor of City Hall. The City will provide the output of the various installed alarm systems which terminate in the Security Center, the use of landline telephones excluding long distance services. No other equipment will be provided by the City. The City is responsible for the maintenance and upkeep of all systems noted above. B. Provided for Frost Bank - The City will provide the Contractor space in the Security Center on the first floor of the Frost Building. The City will provide to the Contractor for the use of landline telephones excluding long distance services. No other equipment will be provided by the City. The City is responsible for the maintenance and upkeep of all systems noted above. C. Provided for JAC - The JAC will make certain accommodations available to the Contractor in the JAC office suite. A desk, chair and phone will be available for use by the security guard. Also a storage space will be available for the security guard to maintain the youth's personal property in safekeeping. D. Provided for Libraries - Only La Retama Central Library will make available to the Contractor space in the shipping/receiving area on the first floor of La Retama Central Library. No other equipment will be provided by the Library. E. Provided for O.N. Stevens - The City will provide the Contractor space in the Hearn Road Gate Security Guard Station at the O.N. Stevens Water Treatment Plant. No other equipment will be provided by the City. The City is responsible for the maintenance and upkeep of all items noted above. F. Provided for Airport - CCIA may furnish an all-weather enclosure/ guard station for use at the Rental Car Ready Return Lot entrance if available. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator and CCIA prior to being placed in service and during the life of this Contract G. Provided for Corpus Christi - Nueces County Public Health District - CCNCPHD will make available to the Contractor space in the main lobby switchboard area on the first floor of the main building. No other equipment will be provided by the CCNCPHD. 16. Contractor Furnished Supplies and Equipment: A. Requirements for City Hall and Frost Bank - Except for those items expressly noted as provided by the City, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to two, two-way portable radios, and/or cellular phone(s). Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the term of this Contract. B. Requirements for JAC - Except those items expressly noted as provided by the JAC only, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, two-way portable radios and/or cellular phones. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the life of this Contract. C. Requirements for Libraries - Except those items expressly noted as provided by the libraries, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, fully functional two-way portable radios and/or cellular phones. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the life of this Contract. D. Requirements for O.N. Stevens - The Contractor shall furnish a cellular phone. E. Requirements for Airport - Except those items expressly noted as provided by CCIA only, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, two-way portable radios and/or cellular phones, all safety equipment including a current ANSI compliant safety vest, a flashlight, foul weather gear, and any necessary office supplies. One two way radio shall be provided to the Airport Dispatch Center for directly line communication as required by TSA Security Directives. F. Requirements for Corpus Christi Nueces County Public Health District - Except those items expressly noted as provided by CCNCPHD only, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, two-way portable radios and/or cellular phones. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the life of this Contract. 17. Security Guard Access to the Building: A. Requirements for City Hall and Frost Bank - A magnetic access card and one set of keys will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and that City Hall is secured at the end of each business day, normally 6:00 p.m. or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of or damage to any goods or materials which may occur as a result of negligence or malpractice, theft, or tampering of any kind on the part of the Contractor or any Security Guard. B. Requirements for JAC - If the Contractor is able to assign regular security guards for day, night and weekend shifts, the JAC will consider issuing keys to the Contractor. Otherwise, only the key pad code to JAC's back door will be issued to the Contractor. It shall be the Contractor's responsibility to insure the keys are safeguarded and the building secured at the end of each business day, normally 7:00 p.m., Monday through Thursday, and 5:00 p.m., Friday and Monday through Sunday overnights at 6:30 a.m., or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate office security, the Contractor shall be liable for the loss of any goods or materials which may occur as a result of negligence or malpractice of any kind on the part of the Contractor or its employees. C. Requirements for Libraries - Only La Retama Central Library's keys for those doors entering into common spaces will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and the building secured at the end of each business day, normally 6:30 p.m., Tuesday through Saturday, or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of any goods or materials which may occur as a result of negligence or malpractice of any kind on the part of the Contractor or its employees. D. Requirements for O.N. Stevens - A set of keys will be issued to the Contractor, and it shall be the Contractor's responsibility to ensure the keys are safeguarded and the Guard shack and Hearn Road entry gate at the O.N. Stevens Water Treatment Plant is secured at the end of each business day, normally 4:00 p.m. or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of or damage to any goods or materials which may occur as a result of negligence or malpractice, theft, or tampering of any kind on the part of the Contractor or any Security Guard. E. Requirements for Airport - A CCIA Access Control Media badge and one set of keys will be issued to each individual employee of the Contractor. It shall be the Individual/Contractor's responsibility to ensure the badge and any keys are safeguarded and that they are accounted for. The contractor shall be responsible for the cost of the badge and the deposit. Lost badges and keys may result in the revocation of privileges in accordance with TSA rules and regulations (49 CFR Part 1520, 1540, and 1542) and reissue fees. The contractor shall designate two individuals as Signatory Authorities as per the TSA approved Airport Security Program. It shall be the responsibility of the Signatories to liaison with the Airport Badging Office for all access control related issues including audits. The Airport will provide onsite training for the performance of job related duties as well as each individuals responsibilities under the CCIA ASP. Failure to comply with any Security Directive, the CCIA ASP, or any procedure may necessitate the removal of the individual from the post. The contractor would need to be able to replace an individual within four hours upon notification by CCIA for any reason. Individuals may be subject to covert testing by the TSA or CCIA that verify that the security guard is performing their required functions satisfactory. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of or damage to any goods or materials which may occur as a result of negligence or malpractice, theft, or tampering of any kind on the part of the Contractor or any Security Guard. The contractor will also be responsible for paying any fines levied by TSA against CCIA due to the failure of the individual to perform their function in accordance with TSA and CCIA rules and regulations. F. Requirements for Corpus Christi Nueces County Public Health District - Only CCNCPHD keys for those doors entering into common spaces will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and the building secured at the end of each business day, normally 5:30 p.m., Monday through Friday, or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of any goods or materials which may occur as a result of negligence or malpractice of any kind on the part of the Contractor or its employees. 18. Special Instructions to the Contractor (All Facilities): The Contract Administrator will provide special instructions pertaining to the smooth and efficient operation of Security Guard Surveillance and monitoring services for all Facilities. Such instructions will be provided in three categories: (a) Written standing instructions which will be directives of a permanent nature that will remain in force until formally changed or canceled. These will be instructions that pertain to the normal operation and preservation of good order and efficiency within the building and environs for all Facilities. (b) Written temporary instructions will be related to the specific event or operation which is expected to be completed during a specific time frame. These instructions will normally be canceled on completion of the event or operation for which they are written. (c) Verbal temporary instructions will be provided to the Contractor by the Contract Administrator, or designee, to address unforeseen incidents or problems which may develop. They will pertain only to the specific situation for which they are provided. While it shall be the responsibility of the Contractor to carry out such special instructions given by the Contractor Administrator, it is the obligation of the Contractor to offer comment or recommendations regarding any such instructions which may bear improvement or be contrary to established security practices. Such comment or recommendation may be given verbally, but must be followed by written notice to the Contract Administrator from the Contractor. Special instructions to the Contractor will be given only by the Contract Administrator or designee specified in writing. Further, the City agrees that any claims arising from third parties against the Contractor for acts and/or omissions directed by the City and giving rise to such claims are the responsibility of the City unless negligence or malpractice on the part of the Contractor or any Security Guard is indicated. Each party waives any and all rights of recovery against the other party for damage to the premises or loss of property as a result of fire or force majeure except in instances involving the negligence or malpractice of either party. 19. City Contract Administrators (All Facilities): The Contract Administrator for the City of Corpus Christi is the City Police Liaison Officer assigned to City Hall by the Police Department. The Contract Administrator shall be the single point of contact for the Contractor for all matters and shall keep all records pertaining to this contract. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or his/her designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Primary & City Hall Contract Administrator - Senior Officer Marc Harrod City Hall Liaison Officer 1201 Leopard St., 78401 361-826-1751 MarcH@cctexas.com Frost Bank Contract Administrator - JAC Contract Administrator - Libraries Contract Administrator - Senior Officer Marc Harrod City Hall Liaison Officer 1201 Leopard St., 78401 361-826-1751 MarcH@cctexas.com David Prado 615 Leopard St. Ste. 105, 78401 361-826-4005 DavidP3@cctexas.com Gabby Salazar 805 Comanche St., 78401 361-826-7015 GabbyS@cctexas.com O.N. Stevens Contract Administrator - Airport Contract Administrator - Miguel Diaz 13101 Leopard St., 78410 361-826-1217 MiguelD@cctexas.com Chief John L. Hyland 1000 International Drive, 78406 361-289-0171 JohnHy@cctexas.com Corpus Christi Nueces County Public Health District Contract Administrator - Antwine D. Charles, Sr. 1702 Horne Rd., 78416 361-826-7324 AntwineC@cctexas.com DATE: August 18, 2016 Attachment B - Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 152 Uniformed Security Guard Services BasE Security & Fire Consultants, LLC_ PROPOSER AUTH ED SIGNATURE PAGE "I OP 2 1. Refer to "Instrucfions to Proposers" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Proposer certifies that: a. the prices in this proposal have been arrived at independently. without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda lo the RFP in this pricing. ITEM 1.0 11 1.2 1.3 2.0 DESCRIPTION City Hall - Estimated hours of securi service required for 12 months QTY UNIT UNIT PRICE TOTAL PRICE Lead Security Guards posted at City Backup Security Guards posted at City Hall Security Screeners posted at OW Hail Frost Bonk Building - Estimated hours of securityservice required for 12 months 8,943 1 HRS zoaci HRS 2080 HRS HRS HRS Unarmed Level 2 Security Guards posted at 4,160 Frost Building 3.0 uvertile Center - Estimated hours of security service required for 1 2 months Unarmed Level 2 Security Guards posted Juvenile Asse5sment Center at 5,156 $14/5 S14.75 S1415 S14.75 $14.75 S131.909 25 $ 30.680.00 $ 30,680_00 S 61.360 00 76.051.00 PAGE 2 OF 2 ITEM DESCRIPTION QTY 1 UNIT UNIT PRICE TOTAL PRICE 4.0 City's Public Libraries -. Estimated hours of security service required for 12 months 4.1 Unarmed Level 2 Security Guards pasted at 1,950 HRS $14.75 $ 28,762.50 La Retan-Ia Central Library 4.2 Unarmed Level 2 Security Guards posted at 1,456 HRS S14.75 $ 21.476.00 Ben F. McDonald Public Library 4_3 Unarmed Level 2 Security Guards posted at A) HRS $14.75 15.340.00 Janet F. Harte Public Library 5.0 O.N. Stevens Water Treatment Plant - Estimated hours of security service required for 12 months, if needed 5.1 Unarmed Level 2 Security Guards posted at 2,470 HRS $14.75 $ 36,432.50 G.N. Stevens Water Treatment Plant 6.0 Corpus Christi International Airport ' Estimated hours of security service required for 12 months, if needed 6.1 Unarmed Level 2 Security Guards posted al 7,300 HRS S14/5 $ 107,875.00 Corpus Christi International Airport 7.0 Corpus Christi — Nueces Countv Public Health District Estimated hours of security service required for 12 months, if needed 7.1 , Unarmed Level 2 Security Guards postedat Corpus Christi International Airport 2,150 HRS $14.75 1,712,50 8.0 Miscellaneous Hours 1,000 HRS $14.75 5 14.75000 "ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED Roberta Ortiz Procurement Officer Attachment C - 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 City Hall Liaison Officer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers 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. 2016 Insurance Requirements Purchasing Citywide Security Guard Services 07/07/2016 my Risk Management Attachment D - Proposers Proposal RFP No. 152 Uniformed Security Guard Services Open Date - August 18, 2016 Mailing Address: 24301 Brazos Town Xing 500-9 Rosenberg, TX 77471 admin@ hasesecurityandfire.com Fax: 832-595-1123 Physical Address: 7810 Blue Lake Dr. Rosenberg, TX 77469 (713) 428-1289 TABLE OF CONTENTS SECTION 1 DISCLOSURE OF INTEREST 1 SECTION 2 BUSINESS DESIGNATION FORM 3 SECTION 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 4 SECTION 4 PROPOSAL A. LICENSE B. REFERENCES C. STATEMENT OF QUALIFICATIONS D. CONTACT INFORMATION SECTION 5 5 G 8 12 PRICING SHEET ATTACHMENTS 13 PROOF OF INSURANCE ATTACHMENT 1 HUB CERTIFICATION ATTACHMENT 2 WBENC CERTIFICATION ATTACHMENT 3 BasE Security & Fire Consultants, LLC. 24301 Brazos Town Xing 500-9 Rosenberg, TX 77417 713-428-1289 www.basesecurityandfire.com August 18, 2016 City of Corpus Christi Attn: Roberta Ortiz, Procurement Officer 1201 Leopard St., Floor Corpus Christi, Texas 78401 Subject: RFP No. 152 Uniformed Security Guard Services Sandra S. Basile BasE Security & Fire Consultants, LLC. 24301 Brazos Town Xing #500-9 Rosenberg, TX 77417 Dear Ms. Ortiz, I submit here with, our proposal for RFP No. 152 Uniformed Security Guard Services: In accordance with City of Corpus Christi Purchasing Division RFP No. 152 Uniformed Security Guard Services; I, Sandra S. Basile, respectfully submit this sealed bid on behalf of BasE Security & Fire Consultants, LLC (BasE). I am the Executive Manager/Co-Owner of BasE and the acting bid agent. We have received, via e-mail, four addenda to RFP No. 152; We have completed the application in full and have answered all questions and forms to the best of our knowledge. Our representation is accurate and complete. We are sure that we can be an asset to the City of Corpus Christi and will perform our duties in a proficient and professional manner. We are aware of the requirement and willing to sign Service Agreement as written, if we are awarded the contract for RFP No. 152 Uniformed Security Guard Services. We have provided a list of references on the form provided in the RFP No 152. These references can be found in Section 4, sub -section B of this proposal. We are confident that you will find the bid suitable and are available for any questions that you may have. Sincerely, Sandra 5. Basile Executive Manager/Owner [i] Date CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST REP No.. 152 Uniformed Security Guard Services 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: BasE Security and Fire Consultants, LLC. P. 0. SOX: STREET ADDRESS: 24301 Brazos Tootn Xing #500-9 CiTY: Rosenberg STATE: TX ZIP: 77417 FIRM 15: 1. Corporations 2.Portnership 3_Sole Owner E 4. Association 5.0ther LJ DISMOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attacn 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." Nome Job Title and City Department fit known] nfa 2. State the names of each "official" of the City of Corpus Christi having an -ovitnership interest" constituting 3% or more of the ownership in the above named "firm; No me Title nia 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or mare of the ownership in the above named "firm_ Name rola Board, Commission or Committee 4. State the names of each ernployee or officer of u 'consultant" for the City of Corpus Chrisfi 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 nib Page 4-3 Qf 48 1 of 14 KING REQUIREMENTS If a person who requests official action an o matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable frorn the effect that the action will have on members of the public in general or a substantial segment thereof. you shail disclose that fact in a signed writing to the City official, employee or body thdt 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. [EttliCs Ordinance Section 2-349 (d)] CERTIFICATION 1 certify that all information provided is true and correct as of the date of this statement, that 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: Sandra Basile Title: Executive Officer Signature of Certifying Person: DEFINITIONS Date: August 15, 2016 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 hove an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segrnent thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees grid employees of any corporation creatoci 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 sate proprietorship, as self- employed person, partnership, corporation, joint stock company, ioint venture, receivership Or trui-, and entities which for purposes of taxation ore 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. "Ownership lnterest."Legal or equitable interest, whether actually or constructively held, in o 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 c.f venture or partnership agreornents. g, "Consultant," Any person or firm, such as engineers and architects, hired by the City or Corpus Christi for the purpose of professional consultation and recommendation. Page 44 of 43 2 of 14 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM RFP No. 152 Uniformed Security Guard Services ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: t1 YES 111 NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: 0 0 ASIAN PACIFIC BLACK HISPANIC NATIVE AMERICAN WOMAN Please visit the following website for 'Oformotion on becorningc lexos Certified Htl& htlp://wWwwiridow. tej' 4111- 1-/ O YES 2 NO - LOCAL SMALL BUSINESS (LSB) A tor -profit entity employing less thou 49 employees located within the City limits of Corpus C/Irisii. texas Ix] YES NO OTHER (PLEASE SPECIFY): WBENC: Woman's Business Enterprise National Council THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. Firm Name: BasE Security & Fire Consultants. LLC Address: 24301 Brazos Town Xing #500-9 City: Rosenberg cf cite: TX Zip: 77417 Signature o erson Authorized to Sign Form Signer's Name: Sandra Basile . (Please ow or typel Pogo 45 -of 48 Telephone: 713-428-1289 Ext. Fax: 832-595-1123 E-rncii: admingbasesecurityqnclfire, Dote: August 15, 2016 Title: Executive Officer 3 of 14 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 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: 2016-92146 Date Filed: 07/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. BasE Security and Fire Consultatns LLC Rosenberg, 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 Texas 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. 152 Provide Uniformed Security Guard Services both Armed and Unarmed personnel to provide protection to selected city assets . 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Basile, Sandra Rosenberg, TX United States X Esparza, Amanda Richmond, TX United States X Basile, Richard Rosenberg, 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. I Signa of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 5 i D P -M P) i Le , this the ! day ofIA-cA.C7t 'r , 20 (,% , to certify which, witness my hand and seal of office. L('tiQs�Is ,-----_ J�ll.ic%� dAt+� ANWA TAILOR *_ MY COMMISSION EXPIRES rfo�:E'',, JUNE 13, 2019 `octF' �V Signa of officer administering oath Printed name of officer administering oath Title of officer administering oath ed by Texas Ethics Commission www.ethics.state.tx. us Version V1.0.277 4 of 14 �.. AAl��1R1.o0'4�c}F{ k1/44 yd,F�I�Ije 1l!Y1��+lle�lI lf��tiif}j a�3r� et. .�t.M��.00.141,-,-- `t0aF4y'\pa1�j,-,��•-�.• �, I\1 a�,t,0tI+Iali4 f.40 v -. ��.1�11a■9lfa1,I• �aY if►/rA�1. . r�/�fr�ii``�y4�t�IjIf1H�1aij1PFu1�IIJ/IAlt'I+�frijl�Z�! i A\\a.. { �/���r1 14K5� , reejref !\..•We��.� ;�vvltit��� ����1���1���f�i/� t��o qr �v��lty�{�I��!{lf�/_e�•: �,;,ti1��ii rJr fx�^ �A��i�����1��)fifi%y�� 'iI�lb. ��d V'�*���I�� Texas Department of Public Safety Certificate of Licensure The Private Security Board certifies that: BASE SECURITY & FIRE CONSULTANTS LLC C20027 Is Duly Licensed as Investigations / Security Contractor Guard Company Security Consultant Company Director, Texas Department of Public Safety EXPIRES: 6/30/2017 This certificate affirms the above stated company is licensed pursuant to Texas Occupations Code 1702. The license will expire on the date stated above. Texas Department of Public Safety, Regulatory Services Division, 5806 Guadalupe Street, Austin, Texas 78752 www,dps.texas.gov REFERENCES RFP No. 152 Uniformed Security Guard Services a, CURRENT CLIENT Reference 1 Organization name: Fleet Safety Equipment. Linc_ Contact and title: Shannon Lightsey, Operations Mgr Address: 6525 Goforth St. Phone number: (832) 512-7157 Effective date of contract: Feb 2016 Number of Uniformed Security Guards placed: 4 Description of services provided_ Guard Services and Security Assessments b, CURRENT CLIENT Reference 2 Organization name: Hines Security Solutions Contact and title: Doug Hines, Owner Address; 6566 Stork St. Ventura, CA 20146 Phone riurnber: (805) 509- 6655 Effective date of contract: June 2011 Number of Uniformed Security Guards placed: 0 Description of services provided: Security Instructor and Training for Security Guards and Managrnent RRENT CLIENT Referent 3 Organization name:: Contact and tine: Address: Phone number: Effective date of contract: Number of Uritorred Security Guards placed: Description of services provided: 6 of 14 d. FORMER CLIENT Reference 1 Organization name: Anacostia Bolling Joint Base Cc r tc ct dnd 1iiie: Larry Stevenson/ Anti -terrorism Officer Address: 6935 Riverdale Rd Lanham. MD 20706 Phone number: (202) 304-6995 Effective date of contract: April 2011 Nurnber of uniformed Secnity Guards placed: 250 Description of services provided: Director of Security Reason for termination: Retired e. FORMER CLIENT Reference 2 Organization name: Andy Frain Contact and title: Shannon Lightsey, Operations Mgr Address: 3603 Aspen Glen Spring,TX 77388 Phone number.: (832) 512-7157 Effective dote of contract: Sept 2015 Number of Uniformed Security Guards placed: 30 Description of services provided: Managed Security Guards Reason for termination Went ba work with current employer (BasE J f, FORMER C ENT Reference 3 Organization name: Contact and title: Address: Phone number: Effective dale of contract; Number at Uniformed Security Guards priced: Description: of services provided: i Reason for terminalion: Page42of48 7 of 14. REFERENCES RFP No. 152 Uniformed Security Guard Services a, CURRENT CLIENT Reference 1 Organization name: Fleet Safety Equipment. Linc_ Contact and title: Shannon Lightsey, Operations Mgr Address: 6525 Goforth St. Phone number: (832) 512-7157 Effective date of contract: Feb 2016 Number of Uniformed Security Guards placed: 4 Description of services provided_ Guard Services and Security Assessments b, CURRENT CLIENT Reference 2 Organization name: Hines Security Solutions Contact and title: Doug Hines, Owner Address; 6566 Stork St. Ventura, CA 20146 Phone riurnber: (805) 509- 6655 Effective date of contract: June 2011 Number of Uniformed Security Guards placed: 0 Description of services provided: Security Instructor and Training for Security Guards and Managrnent RRENT CLIENT Referent 3 Organization name:: Contact and tine: Address: Phone number: Effective date of contract: Number of Uritorred Security Guards placed: Description of services provided: 6 of 14 RasF, Security & Fire Consultants, LLC, 24031 Brazos Town Xing 500-9 Rosenberg, TX 77417 713420-1289 www.basesecurityandfire.com STATEMENT OF QUALIFICATIONS In Compliance with Texas State Law, BasE Security & Fire Consultants LLC (BasE) (State License C20027) was founded in Jan 2015 as a security guard and consulting company providing the following services; security guard services, security and fire assessments, security training classes, L2 guard certification classes and investigations. The company has a total of 74 years of combined experience in Security Guard Services, Law Enforcement, fire and emergencies services along with safety services. Both Owner and Operations Manager held top secret federal security clearance and hold active certifications from FEMA in the area of Security and Emergency Management. This document will provide information which will demonstrate that we meet the requirements under Addendum 2, paragraph 2.2B. The Operations Manager, Mr. Richard Basile, has over 42 years of experience with the Department of Defense (within the United States and at overseas Military Installations) in the areas of Security and Law Enforcement which included: standing posts, Special Agent for the United States Army Criminal Investigations Command (USACIDC), Security Officer, Anti - Terrorism Officer (ATO) , managing the Civilian Security Guard Services, Development and execution of Security Assessments, training of First Responders, development, implementation, testing and execution of Security Plans and pre -planned responses to natural and terrorist incidents, development and implementation of mitigation strategies of vulnerabilities identified during said assessments. Since his retirement from Military Service the company's Operations Manager has worked as the Directory of Security & Law Enforcement over several military instillations that encompassed full functioning facilities including but not limited to Housing, Library, Public Works facilities, Gyms, Hospitals, Mercantile business, Court Houses, Schools, Emergency Services, airfields, ports and critical infrastructures. Duty Stations include: • Naval Station Ingleside Security Department: overseeing a security force, at its peck, of approx. 225 Security Guards and Patrolmen. He took the helm shortly after the 911 attacks and managed the department while the nation was under Force Protection Delta. He managed the influx of military troops being assigned to the station during the post 911 operations. Under his direction and supervision Ingleside Naval Station was ranked among the top 10% of Naval Security Departments Worldwide. 8 of 14 Naval Air Station Sigonella, Sicily Italy: overseeing a security force of approx. 350 Security Guards and Patrolmen. During his tenure overseas he was in charge of the security force protection at the start of the Libyan Crisis. Which created heightened security risks and an influx of NATO troops to the base. His program won the Regional ATO award, the European ATO Award and runner up in the Department of Defense ATO program. • Joint Base Anacostia Bolling, Washington DC: overseeing a security force of approx. 250 Security Guards and Patrolmen. Mr. Basile, along with everyday duties of security protection for the base, managed first level guard service for the president's helicopters and limousine fleet. He was an active participant and advisor in the EOC during the Navy Yard Shooting of 2013. Owner/ Executive Manager, Sandra Basile, while working in the Fire and Emergency Services within the Department of Defense (both in the United States and at overseas Military Installations) was responsible for developing, implementing, training and testing of all fire plans for Military Installations worldwide and for DOD. She worked closely with security to maintain the safety of the base inhabitants in case of active shooters, evacuation procedures and any security concerns pertaining to sheltering during emergency situations. Ms. Basile served as Assistant Fire Chief at Naval Station Sigonella, Sicily Italy. She oversaw emergency response for the community including but not limited to: housing, airfield, schools, mercantile facilities, libraries and ports. She would insure that all plans and training were in accordance with Department of Homeland Security and DOD regulations. Additionally, she maintained daily logs and would provide after action reports on all drills, training and real life actions with recommendations to mitigate any vulnerabilities. She was a member of the School and Safety board, she coordinated the Schools Fire Warden program. A special note should be made of her winning the Fire Prevention Program for the European theater of operations two years in a row. Her knowledge of DODea schools, Homeland Security and DOD Security and Safety requirements sets her apart in her field. Owner/ Office Manager, Amanda Esparza, is the backbone of the company. Her extensive experience in office management is what keeps the machine well oiled. She manages and maintains: payroll, employee files, background checks, credit checks, accounts payable and receivable. Her 15yrs of experience working for a worldwide software company has brought an expertise that is an irreplaceable asset to BasE. 9 of 14 BasE understands the importance of hiring a well-trained and experienced security guard staff. The qualities they look for in our Security Officers are: Professionalism, Appearance, Integrity, Sound Judgment, Tactful Behavior, Exemplary Conduct, Reliability, Loyalty and Dedication. This process is to ensure that the Security Officers, that are brought on board, have the same dedication, determination and commitment to clients that the company does. The company will be implementing a Trackforce system. Trackforce is a web based security guard tracking system that will ensure accurate time keeping for guard tours, "real time" round tracking, daily reports and journals and proper invoicing Lead by Example is the company motto: The management of BasE believes in setting the example for their employees to follow. There are several types of management styles to choose from which covers fiscal, logistics (property), and personnel each with its own purpose. In regards to fiscal and logistics BasE believes they we are fiscal stewards of our clients and employees and that they provide a quality service at the best possible cost. As for personnel management they believe in empowering their employees to be successful and allowing them to grow with the company. They believe in rewarding their employees for great performance. BasE also believes in addressing all concerns which their clients may have regarding performance and services rendered. They unwaveringly believe in rewarding exceptional performance and swiftly correcting inappropriate and unprofessional behavior. BasE ensures poor performance is corrected: ranging from talking to our employees and if needed removing them from the contract. They believe in keeping trained and vetted officers in reserve so that if the need arises to replace officers, it occurs seamlessly and with no problem to the customer. Mission Statement BasE Security & Fire Consultants, LLC are committed to providing a professional security force, which will provide a safe and secure environment, to enable our clients to meet and/ or exceed their mission requirements, goals and objectives. To always be part of the solution and not the problem. 10 of 14 Security Officers are given a performance evaluation each quarter and, if they have had outstanding performance rating, they will receive a bonus award each quarter. This is a progressive bonus that increase with each quarter that is performed without any missteps and/or complaints. Additionally, they believe in upward mobility for Security Officers who have demonstrated their professionalism, dedication, and determination to the company and their clients. BasE believes that giving back to their employees and making them feel like part of a team will foster better work performance. They train the staff to understand the vulnerability of apathy and complacency, the importance of public interaction and quick intervention. BasE is not presently operating in Corpus Christi but has a history with the city. The two owners were raised in Corpus and are proud to call Corpus Christi their hometown. Because there are no present operations, a new staff will have to be assembled. While there will be no employment history with the company itself, the staff is presently vetting applicants that have no less than two years' experience for unarmed guards and three years for armed guards, utilizing "indeed' an on line employment service, the company web site and networking with past professional aquatints that have candidates for the positions. They are also hopeful, that with the city's recommendation, they will be able to consider retention of some of the present contract staff. Sandra S. Basile Executive Manager BasE Security & Fire Consultants, LLC. 11 of 14 BasE Security & Fire Consultants, LLC. 24031 Brazos Town Xing 500-9 Rosenberg, TX 77417 713-428-1289 www.basesecurityandfire.com Contact Information As per Addendum No. 2: 2.2 Proposer's Minimum Requirements: We are providing the following contact information: Name Title Contact Number CeII Phone Number Mailing Address e-mail Sandra Owner/ (713) (361) 24301 Brazos Basile Executive 428-1289 633-9266 Town Xing 500-9 admin@basesecurityandfire.com Manager Rosenberg, TX 77417 Amanda Owner/ (713) (713) 24301 Brazos Esparza Office 428-1289 870-8049 Town Xing 500-9 admin@basesecurityandfire.com Manager Rosenberg, TX 77417 Richard Local (713) (361) 24301 Brazos Basile Operations 4284289 633-6316 Town Xing 500-9 admin@basesecurityandfire.com Manager & Rosenberg, TX Direct 77417 Supervisor Rocky Lead (337) (337) 8015. Bridge St. Rockyybarra88@gmail.com Salinas Security 397-6710 397-6710 Victoria, TX Guard 77901 12 of 14 DATE: August 18. 2016 CITY OF CORPUS CHRISTI Pricing Form PURCHASING IDIVISIoN RFP No. 152 Uniformed Security Guard Services BasE Security & Fire Consultants, LUC. PROPOSER PAGE 1 0F2 AUTH11ED SIGNATURE 1. Refer to "instructions to Proposers" and Contract Terms and Condiflons.before completing bid, 2. Quote your best price for each item. 3. In submitting this bid, Proposer certifies that: a. the prices in this proposal have been arrived at independently. without consultafion, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true_ c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM 1.0 1.1 1.2 1.3 2,0 2.1 ao DESCRIPTION City Hall - Estimated hours of security service required for 12 months QTY UNIT UNIT PRICE TOTAL PRICE Lead Security Guards posted at City Backup Security Guards posted at City Hall Security Screeners pasted at City Hail Frost Bank Building Estimated hours of ecurity service required for 12 months 8,943 HRS $14/5 S131.909.25 2,080 HRS 2,080 HRS Unarmed Level 2 Security Guards posted at 4,160 Frost Building Juvenile Assessmen Center - Estimated hours of security service required for 12 months 3.1 Unarmed Level 2 Security Guards posted at 5356 Juvenile Assessment Center HRS HRS $14.75 S 30.680.00 $14.75 $ 30,680.00 $14.75 $ 61,360.00 $14.75 $ 76,051_00 1 13 of 14 INSURANCE BINDER - REVISED TERMS AND CONDITIONS OF THIS CONFIRMATION OF INSURANCE MAY NOT COMPLY WITH THE SPECIFICATION UBMITTED FOR CONSIDERATION. PLEASE READ THIS CONFIRMATION CAREFULLY AND COMPARE IT WITH ANY QUOTE UBMISSION DOCUMENTS AND REVIEW THE POLICY FORMS FOR THE ACTUAL COVERAGES PROVIDED. ACCORDANCE WITH YOUR INSTRUCTIONS, AND IN RELIANCE UPON THE STATEMENTS MADE BY THE RETAIL BROKER IN SURED'S APPLICATIONISUBMISSION, WE HAVE OBTAINED INSURANCE AT YOUR REQUEST AS FOLLOWS: DATE ISSUED: PRODUCER: INSURED: INSURER: POLICY NO.: Oct 30, 2015 Aventine Risk Managers, LLC 26246 US Highway 19 N Clearwater, FL 33761 Base Security & Fire Consultants LLC 24301 Brazos Town Xing #500-9 Rosenberg, TX 77471 Western Heritage Insurance Company - Program SCP -1007759 COVERAGE: Security & Patrol Services Program POLICY PERIOD: 10/15/2015 TO 10/15/2016 TERM: 365 12:01 A.M. STANDARD TIME AT THE LOCATION ADDRESS OF THE NAMED INSURED. THIS INSURANCE BINDER WILL BE TERMINATED AND SUPERSEDED UPON DELIVERY OF THE FORMAL POLICY{IES) ISSUED TO REPLACE IT. LIMITS OF LIABILITY: $2,000,000 General Aggregate Limit Included Products -Completed Operations Aggregate Limit $1,000,000 Each Occurrence Limit $ 1,000,000 Personal & Advertising Injury Limit $100,000 Damage to Premises rented to you $5,000 Medical Expense Limit 550,000 Propety Damage Extension $300,0001$600,000 Assault and Battery S50,000 Electronic Data S100,000/300,000 Lost Key Coverage Errors & Omissions $1,000,000 Each Claim $2,000,000 Aggregate DEDUCTIBLE: Not Applicable PREMIUM: $1,000.00 POLICY FEES: $160.00 TAXES & FEES: $56.26 $0.70 Att. 1 Pg 1 of 3 TOTAL: S1,216.96 POLICY FORM: OCR RETENTION: COINSURANCE: N/A% EXPOSURES: RATE: TERMS / CONDITIONS: (a) 15% MINIMUM EARNED PREMIUM AT INCEPTION. (b)ENDORSEMENTS / NOTABLE EXCLUSIONS: IL 00 03 Calculation of Premium IL 00 21 Nuclear Energy Exclusion WHI 20-0117 Service of Suit WHI 20-0295 Commercial Policy Declarations WHI 20-0297 Commercial Policy Jacket WHI 20-0399 Forms & Endorsements Schedule WHI 20-0478 Amendment of Common Policy Conditions WHI 29-0525 Named Insured and Location Schedule WHI 40-0522 Limits of Insurance Endorsement WHI 40-1127 Minimum Retained Premium Provision -Amended Percentage WHI NOT -014 Policy Holder Notice - Terrorism (disclosure form) Notice of Terrorism Coverage CG 00 01 General Liability Coverage Form CG 04 37 Electronic Data Liability CG 21 16 Professional Exclusion CG 21 34 Exclusion - Designated Work CG 21 49 Total Pollution Exclusion CG 21 53 Exclusion - Designated Ongoing Operations CG 21 67 Fungi and Bacteria Exclusion CG 21 70 Cap on Losses - Certified Acts of Terrorism CG 21 96 Silica or Silica -Related Dust Exclusion CG 22 79 Exclusion -Contractors Professional Liability CG 24 26 Amendment of Insured Contract WHI 21-0194 WHI 21-0210 WHI 21-0261 Will 21-0296 WHI 21-0300 Will 21-0375 Will 21-0376 WHI 21-0395 WHI 21-0421 W11121-0467 WHI 21-0482 WHI 21-0486 WHI 21-0490 WHI 21-0686 Combined Special Provisions - Liability Ins. Sexual And/Or Physical Abuse Liability Coverage Form Subcontractors Wan-anty General Liability Coverage Declarations Page General Liability Supplemental Dec Limited Coverage - Assault or Battery Assault or Batter Exclusion Property Damage Extension Endorsement - Care, Custody and Control Lost Key Coverage Endorsement Non -Stacking of Limits Endorsement Exc1-BI to Contractors and Employees Sexual and/or Physical Abuse Exclusion Amendment of Conditions Errors and Omissions Coverage Form Att. 1 pg 2 of 3 WHI 21-06 S7 WI -11 21-1032 WHl 29-0716 Errors and Omissions Supplemental Declarations Total Animal Exclusion Identity Recovery Coverage (c) ATTACHMENTS / SUBJECT TO: It is your responsibility as a producer for Cochrane & Company to notify our office if certificates are required for this account. Cochrane & Company will not be held responsible for additional fees charged for failure to issue certificates that are not requested in a timely manner. Certificates can be issued at www.coclu-arteco.com or you may submit a request to our office for certificate generation. (d) ALL OTHER TERMS AND CONDITIONS APPLY PER FORM Premium payment is due en the 15th day of the month following billing unless otherwise stipulated. ANCELLATION: THIS POLICY IS SUBJECT TO THE CANCELLATION PROVISIONS AS FOUND IN THE POLICY(IES) OR CERTIFICATE(S NTLY IN USE BY THE INSURER THE INSURANCE EFFECTED UNDER THE INSURER'S BINDER CAN BE CANCELLED BY SURER (SUBJECT TO STATUTORY REGULATIONS) BY MAILING, TO THE INSURED AT THE ADDRESS STATED ON THE FACE OF THE ONFIRMATION OF INSURANCE, WRITTEN NOTICE STATING WHEN SUCH CANCELLATION SHALL BE EFFECTIVE. IN THE EVE OF CANCELLATION BY THE INSURED, THE EARNED PREMIUM WOULD BE SUBJECT TO THE MINIMUM PREMIUM IF APPLICABLE. S CONFIRMATION OF INSURANCE IS ISSUED BASED UPON THE INSURER'S AGREEMENT TO BIND AND IS ISSUED BY TH ERSIGNED WITHOUT ANY LIABILITY WHATSOEVER AS AN INSURER Reference #:2660123 Tiah Smith, Undewriting Assistant tsmith@cochraneco.com TOTAL NUMBER OF PAGES: 2 INSURED: Base Security & Fire Consultants LLC DATE ISSUED: Oct 30, 2015 Att. 1 PB 3 of 3 GLENN BEGAN TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority and woman -owned businesses as HUBs and is designed to facilitate the participation of minority and woman -owned businesses in state agency procurement opportunities. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at httpa/www.window.state.tx.us/procurement!/cmbl/hubonly.html. Provided that your company continues to meet HUB eligibility requirements, the enclosed HUB certificate is valid for four years. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List (CMBL), that can increase your chance of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Texas Historically Underutilized Business (HUB) Certificate CertificateNlD Number: 1472877132100 4, HUB FileNendor Number: 492976 Approval Date: 12-NOV-2015 Scheduled Expiration Date: 12-NOV-2019 Smewide Ill fatly NIdonIdsd Mims ttoRan The Texas Comptroller of Public Accounts (CPA), hereby certifies that BASE SECURITY & FIRE CONSULTANTS LLC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 13-NOV-2015, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Paul Gibson, Statewide HUB Program Manager Texas Procurement and Support Services Note: In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertifcateNlD Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http:liwww.window.state.tx.usiprocurementicmbllcmblhub.html) or by contacting the HUB Program at 1-888-863-5881 or 512-463-5872. uev. ozlz5 Attachment 2 € ;uewyz 3 ``r WBfnsPt=EntNC Nati ai erpsise Iiv'ri'hv grants 801044140famis Business Enterpme r, ruertiv 4%1R\ (4 BasE Security & Fire Consultants, LLC wha has 5:.I0. -cis k.ill1,• rtr.c�[ 1i']WNC'\ st.e«cl trd s a \I(611icr`s Business iI c's Fr11orrise 4\ti71 E: ). i ri 29}ortrt i; tiv4..)11 art -[loll.,+, petttc:I .1I1Ll 4$xrttroIIcd::trtck is Valid dLI :ugh lhc° tl�tl�� la�l ier. Expiration Date: 12/31/2016 WO[N( t1,4aticnal Certificate Number: 2005128063 NAICS Codes. 561612, 561611 UNSPSC Codes: 92121504 A,ytrd W1EK Itito !al 'MK Certficaton wiz moms! aid ' kttk i cru si'3 t OOK Cr Ksc AIWA uW EE ; relia Utl .r�kn 'ti .7 4 "� t 0/2 tka_11itor ed h', 4Dell Dry, P'ra-3i. *, WBEA 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: 2016-92146 Date Filed: 07/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. BasE Security and Fire Consultatns LLC Rosenberg, 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 Texas S 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. 152 Provide Uniformed Security Guard Services both Armed and Unarmed personnel to provide protection to selected city assets . 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Basile, Sandra Rosenberg, TX United States X Esparza, Amanda Richmond, TX United States X Basile, Richard Rosenberg, TX United States X 5 Check only if there is NO Interested Party. ID 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. yI 'i G' Signa?nre'of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE rt f Sworn to and subscribed before me, by the said Spdo D 0-A I (x7:- , this the i day of AU.0 r , 20 t,e , to certify which, witness my hand and seal of office. r� Pi�61 ti.., i 11-1 f ri i %? '*Y Q' ANUJA TAILOR _',� n= _ *= MY COMMISSION EXPIRES 'E -*r JUNE 13, 2019 i C1"r' �V Signa of officer administering oath Printed name of officer administering oath Title of officer administering oath exas Etnlcs Commission www. ethics. state.tx. us 4 of 14 Version V1.0.277 Uniformed Security Guard Services Council Presentation October 18, 2016 Background ■ Current Contract in place since 2013 with Eddie Garza Security. ■ Facilities covered by current contract: City Hall (note: Airport has separate contract) Frost Bank Juvenile Assessment Center Libraries ■ Facilities covered by the new contract: City Hall Frost Bank Juvenile Assessment Center Libraries Airport O.N. Stevens Plant Health District 2 Procurement Method ■ Current Contract solicited under Request for Bid method (RFB) - low bid provider. Rates locked in for all years of the contract. ■ New Contract solicited under Request for Proposal (RFP) method - best value most qualified provider. Rates locked in for all years of the contract, unless minimum wage increases. ■ RFP method required Proposers to pass several steps: Minimum Requirements = Pass/Fail Technical Proposal Review = 50 points Interview = 30 points Pricing Evaluation = 20 points Total Scoring System = 100 points 3 Procurement Process ■ Request for Proposal (RFP) was issued July 18, 2016. ■ Ten Proposals were received on August 18, 2016 ■ Minimum Requirements Stage - Five passed and moved forward ■ Technical Proposal Review - Two scored 32 or below, Three scored 45 or above and moved forward to interview ■ Interviews - All three were interviewed and interview scores were added to Technical Scores ■ Pricing was reviewed - The lowest cost Proposer was provided all 20 points and all other firms were scored in proportion to the lowest Proposer 4 Procurement Process ■ The highest scoring firm with a score of 95 was BasE Security and Fire Consultants, LLC out of Rosenberg, Texas. ■ Requested Contract is for $586,828.75 for a term of one year with two additional one year options to renew. 5 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting October 25, 2016 DATE: October 18, 2016 TO: Margie C. Rose, City Manager FROM Stacie Talbert Anaya, Interim Director of Park Operations StacieT(c�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Purchase of Playground Equipment and Installation at Manuel Q. Salinas Park CAPTION: Motion approving the purchase of playground equipment and installation for a play for all playground being developed at Manuel Q. Salinas Park from Exerplay, Inc., of Cedar Crest, New Mexico for a total amount not to exceed $299,537.81. The award is based on the evaluation of multiple proposals reviewed for phase 1 of this project. Funding for this playground is from the Community Development Block Grant B -15 -MC -48-0502 for program year 2015-2016. PURPOSE: This item is to approve the purchase and installation of playground equipment for a play for all playground being developed at Manuel Q. Salinas Park. BACKGROUND AND FINDINGS: The City of Corpus Christi's Parks and Recreation Department has received a Community Development Block Grant to develop a play for all playground at Manuel Q. Salinas Park located at 1354 Airport Rd., Corpus Christi, Texas 78415 for all ages and abilities to enjoy. This playground will be designed and installed in three phases. The project consists of design of a playground within an overall project budget of $500,000 and installation of approximately $300,000 of the playground equipment elements for the first phase. Work to be completed by January 31, 2017. Two additional phases will be solicited and constructed at a later date for the remainder of the approximately $200,000 in work that was designed during the first phase. This project was in the Housing and Community Development 2015-2016 Annual Action Plan that was approved by City Council on July 14, 2015 by agenda File #15-0570. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Park & Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $300,000.00 $0.00 $300,000.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $299,537.81 $0.00 $299,537.81 BALANCE $462.19 $0.00 $462.19 Fund(s): Community Development Block Grant Program Year 2015-2016. Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Presentation Playground for Manuel Q. Salinas Park Agreement No. 831 THIS Playground for Manuel Q. Salinas Park Services Agreement ("Agreement") is entered into by and between EXERPLAY, INC. ("Contractor") and the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), by and through its duly authorized City Manager or designee ("City Manager"), effective for all purposes upon execution by the City Manager. WHEREAS, Contractor has proposed to provide a play for all playground in response to the City's Request for Proposals ("RFP No. 153"); WHEREAS, the City has determined Contractor to be the best valued respondent; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will complete a Playground for Manuel Q. Salinas Park ("Services") in accordance with this Agreement including all attachments and exhibits, which are incorporated by reference into this Agreement. 2. Term. This Agreement takes effect upon execution of the City Manager and issuance of a notice to proceed and will continue for one year with zero one year renewals at the same terms and conditions. 3. Compensation and Payment. This Agreement is for an amount not to exceed $299,537.81, subject to validly 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 the Contractor's notices or communications regarding this Agreement must be directed to the contract administrator, who is the Park & Recreation Superintendent or designee ("Contract Administrator"). 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. Page 1 of 5 6. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company, or companies, must deliver a Certificate of Insurance, as proof of the required insurance coverages, to the Contract Administrator and City's Risk Manager. Additionally, the Contract Administrator and Risk Manager must be given at least 30 days' advance notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's reasonable written request. 7. Bonds. The Contractor will maintain payment and performance bonds for the full contract value during the term of this agreement. Such bonds shall automatically increase should there be an increase in the agreement value. 8. Ownership of Work Product. The City owns exclusive rights to all work designed, drafted, created or prepared by the Contractor under this Agreement. 9. Assignment. No assignment of this Agreement or of any right or interest contained in this Agreement by the Contractor is effective unless the City 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. 10. 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 covering 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. 11.Waiver. No waiver of any breach of any term or condition of this Agreement, its attachments and exhibits, or the Contractor's response to the RFP ("Exhibit 1"), which exhibit is incorporated into this Agreement, waives any subsequent breach of the same. 12.Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. 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. 13.Federally Funded Project. This project is subject to Federal Funding. A set of Federal Requirements have been attached as Attachment D for inclusion in this Agreement. The Contractor must be in compliance with these requirements will performing work under this Agreement. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in this contract and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Page 2 of 5 14.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. 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. 15.Amendments. This Agreement may be amended only in writing and upon execution by authorized representatives of both parties. 16.Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the Services specified in Exhibit A. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. 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 three days' written notice to the Contractor for Contractor's failure to pay or provide proof of payment of taxes, as set out in this Agreement. 17.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes in accordance with Circular E, "Employer's Tax Guide", Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of one or more of these taxes within 15 days of such request. 18. Notice. Notice may be given by hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand -delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Joshua Wentworth 1201 Leopard Street 3rd Floor Park & Recreation Corpus Christi, Texas 78401 IF TO CONTRACTOR: Contractor Contact Address: City, State, Exerplay, Inc. Charles DeBuck 12001 N Hwy 14 Cedar Crest, NM 87008 Page 3 of 5 19.Severability. Each provision of this Agreement shall be 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, and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 20.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 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. Page 4 of 5 CONTRACTOR Signature: Printed Name: Charles DeBuck Title: Business Manager Date: September 28, 2016 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Schedule of Pricing Attachment C: Insurance Requirements Attachment D: Federal Requirements Attachment E: Proposer's Proposal Incorporated by Reference Oniv: Exhibit 1: RFP No. 153, Playground for Manuel Q. Salinas Park Page 5 of 5 Attachment A - Scope of Work 1. General Requirements A. The City of Corpus Christi's Parks and Recreation Department has received a Community Development Block Grant to develop a play for all playground at Manuel Q. Salinas Park located at 1354 Airport Rd., Corpus Christi, Texas 78415 for all ages and abilities to enjoy. B. This playground will be designed and installed in three phases. The first phase consists of design of a playground within a project budget of $500,000 and installation of approximately $300,000 of the playground equipment elements as defined in this scope of work. Work to be completed by January 31, 2017. Two additional phases will be constructed at a later date for the remainder of the approximately $200,000 in work that will be designed during the first phase. These phases two and three will be for approximately $100,000 in additional playground equipment for each phase. 2. Scope of Work A. The design of this playground needs to be sensory rich and to include elements that will encourage children of all ages and abilities to play and develop skills by engaging the following senses: • Tactile • Proprioceptive • Vestibular • Visual • Auditory • Motor Planning • Social/Imaginative B. In additional to engaging the senses the following play elements or equivalents must be included: • Zip line • Sway/Swing motion • Flat roller slide • Secluded quite space • Fencing for the play area C. All elements will have a coastal/extreme climate coating to resist rusting D. Installation to be included: • There is currently a concrete pad that measures 70' X 105' that will be used as the base for any bonded surface that is chosen for use. However, the playground can be designed to utilize areas beyond the existing concrete surface. Any base installation beyond the existing concrete for bonded surfacing will need to be included and shown as part of the design solution. Page 1 of 4 • An Aerial photo is attached to this scope (Exhibit A) that shows the area where the playground is to be located along with a map of the surrounding area (Exhibit B). • Shade should be included as an option in the design. 3. Design Phase The design will need to be approved by the City before any ordering or manufacturing of the components occurs. All designs shall comply with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. 4. Pre -Installation Phase • The Contractor shall submit finalized list of subcontractors for the job and their ID numbers. • The Contractor shall submit the finalized installation schedule for approval ten days prior to the start of installation. • The project sign shall be installed prior to installation of the work. 5. Installation Phase All installation shall be in accordance with the Public Playground Safety Handbook latest edition produced by the U.S. Consumer Product Safety Commission. Page 2 of 4 1E111! ti111111111iii4.1,-.ili; 11111111Eg9C11111111116a1 11411111111;11111111: EMIflIIIIIIIIk BLOIHTON 11112111VIIINE,A 111111111111110q0.1 I IPE WAL nil Ervangji F107;:t.i vAN, 744' " trev EST_ SHIP DATE 1 TOTAL• TOTAL $299,537_x1 1 PO Box 1160 Cedar Crest., NM 87006-1164 Fax 505.281.0155 Toll Free 801.457-5444 www_axerplay.corn Attachment B - Schedule of Pricing exerPIa, inc. QUO TAPON DATE NUMBER 9/7/2016 MM090216-6 Quote Prepared for: Purchase Order to be Issued To: 1 City of Corpus Christi Manuel Salinas Park Phase 1 Exerplay, Inc PO Box 1160 Cedar Crest, NM 87008 Fax copy of PO to 505-281-0155 SHIPPED VIA TERMS REP FOB Net 30 Corpus Christ ITEM DESCRIPTION QTY COST PlayBooster 168099E 176457A 170694A 164075A 173591A 152179E 152179E 1 64074A 186490A 194663E 1962138 141683F 1825030 214438A 214443A 214442A 214445A 214444A 214441 A Courtesy Disc... Freight Poured -in -Place Courtesy Disc... Fencing Install Courtesy Disc_._ Manuel Salinas Park Corpus Christi, TX LANDSCAPE STRUCTURES Phase 1 Per Drawing ##160817D Cozy Dome@ 2" Surface Mount Roller Table Sway Fun® Glider ( 12") Bobble Rider"', Double 2" Surface Mount OrnniSpin Spinnerg. Surface Mount Saddle Spinner 12"-16" 2" SM Saddle Spinner 12"-16", 2" SM Bobble Rider"'', Single 2" Surface Mount We -saw"' (DB Only) ZipKrooz"" 50' Aluminum Posts ZipKrooz' Assisted Additional Bay 50' Aluminum Posts TenderTutt Bench 92" wfBack, wlo Armrests, 2" SM Welcome Sign, 5-12 yrs, DB Rhapsody"" Animato' Metallophone Direct Bury Rhapsody"" Goblet Drum Direct Bur; Rhapsody"' 0randiosoT"' Chimes Direct. Bury Rhapsody'"' Kettle Drum Direct Bury. Rhapsody"'' Kunclu Drum Direct Bury Rhapsody"' Vivo"' Metallophone Direct Bury Sub -Total Courtesy discount Freightfshipping charges Poured -in -Place, 2 colors, wit Designs, Delivered and Installed Courtesy discount Fencing for area; Delivered and Installed Installation of Playground Equipment Courtesy discount Quote prepared by Michelle McKean michelle@ere play_COM 1 44,507.00 44,507 00 1 3,510.00 3,510 00 1 9,800.00 9,800.00 1 13,550.00 13,550.00 1 1,540.00 1; 540.00 1 6,640.00 6,640.00 2 995.00 1,99x.00 1 995.00 995.00 2 800.00 1,600 00 1 8,615.00 8,615.00 1 12,475.00 12,475.00 1 10,415.00 10,415.00 3 530.00 1,590.00 1 0.00 0.00 1 3,790.00 3,790.00 1 1,190.00 1190.00 1 5,590.00 5,590.00 1 1,190.00 1,190.00 1 1,190.00 1190.00 1 3,890.00 3,890.00 134,067.00 - 3.00% -4,022.01 7,920.00 7,92000 93,289.00 93,269.00 - 3.00% -2,798.67 18,500.00 16, 500.00 54,208.75 54,208.75 - 3.00% -1,626.26 Attachment C - Insurance Insurance Requirements. LIABILITY INSURANCE Requirements agreement until all insurance required the City's Risk Manager or designee. to commence work until all similar so obtained. Contract Administrator, one ( 1 ) copy endorsements showing the following acceptable to the Risk Manager insured for the General liability and a waiver of subrogation endorsement Endorsements must be provided with number must be listed in Description Box or is Contractor herein Contractor insurance Contractor of minimum designee. Auto required Certificate of must not commence work under this has been obtained and approved by must riot allow any subcontractor required of the subcontractor has been must furnish to the Risk Manager and Certificates of Insura nce w i`n applicable policy coverage by an insurance cornpany(sj The City must be listed as an additional Liability policies by endorsement, and on GL, AL and WC if applicable. of Insurance. Project name and/or Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation. non -renewal. material change or termination required an all certificates and policies. Bodily Injury and Property Damage Per occ:Jrrence - aggregate COMMERCIAL GENERAL LIABILITY 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 BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Additional Requirements of Section 3.32. Insurance Requirements. $500.000 / $500.000 / $500,000 INSTALLATION FLOATER Value of Equipment In the event of accidents of any kind related to. this project, Contractor must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 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. An All States endorsement shall be required if Contractor is not domiciled in the State of Texas. 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. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within ten days of any change made by the Contractor oras requested by the City. 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 Management P.C. Box 9277 Corpus Christi, TX 78469-9277 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 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 calendar days advance written notice for nonpayment of premium. Within five calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance a nd applicable endorsernents to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at a ny time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 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. 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 Contractors or its subcontractor's performance of the work covered under this contract. It is agreed that Contractors 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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 Insurance Requirements Park & Recreation Playground Design & Installation 07/14/16 my Risk Management Attachment D - Federal Requirements FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR -01 Breach of Contract Terms FR -02 Termination of Contract FR -03 Equal Employment Opportunity - 41 CFR Part 60-1.4(b) FR -04 Standard Federal Equal Employment Opportunity Construction Contract Specifications — 41 CFR Part 60.4.3 FR -05 Copeland Anti -Kickback Act 29 CFR Part 5 FR -06 Davis -Bacon Labor Requirements 29 CFR part 5 FR -07 Contract Work hours and Safety Standards Act Requirements FR -08 Regulations Pertaining to Reporting FR -09 Rights to Inventions FR -10 Access to Records and Record Retention FR -11 Clean Air and Water Pollution Control FR -12 Energy Conservation Requirements FR -13 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion FR -14 Lobbying and Influencing Federal Employees FR -15 Economic Opportunities for Low and Very -Low Income Persons FR -16 Affirmative Action Regulations and Plan FR -17 Women and Minority Owned Businesses (M/WBE) FR -18 Accessibility Section 504 Compliance FR -19 Texas Architectural Barriers Act FR -20 Drug -Free Workplace Requirements FR -21 Field Requirements Page 1 of 46 FEDERAL REQUIREMENTS: FR -01 BREACH OF CONTRACT TERMS Any violation or breach of terms of this contract on the part of the contractor or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor as provided in 29 CFR 5.12. Page 2 of 46 FEDERAL REQUIREMENTS: FR -02 TERMINATION OF CONTRACT a. The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. If the termination is due to failure to fulfill the contractor's obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in this clause. e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Reference: 49 CFR Part 18.36(i)(2) Page 3 of 46 FEDERAL REQUIREMENTS: FR -03 EQUAL EMPLOYMENT OPPORTUNITY - Executive Order 11246 as amended, 41 CFR PART 60-1.4(b) During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. 3. The contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representatives of the contractors commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by Page 4 of 46 EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684. EO 12086 of Oct 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203.Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shalt cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. Contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe: Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. The Secretary of Labor may direct that any contractor or subcontractor shall submit, as part of his/her Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.230 Reference: Executive Order 11246 & Title 41 CFR Part 60 -1.4 Page 5 of 46 FEDERAL REQUIREMENTS: FR -04 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS - 41 CFR Part 60.4.3 1. As used in these specifications: a. "Covered area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941; d. "Minority" includes: (1) Black (all) persons having origins in any of the Black African racial groups not of Hispanic origin); (2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin regardless of race); (3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (4) American Indian or Alaskan native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors shall be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractors or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through 18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in a geographical area where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Page 6 of 46 Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractors obligations under these specifications, Executive Order 11246 or the regulations promulgated pursuant thereto. 6. In order for the non -working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees shall be employed by the contractor during the training period and the contractor shall have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees shall be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractors compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractors employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the contractors obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source, or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or female sent by the contractor, or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractors employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least Page 7 of 46 once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination, or other employment decisions including specific review of these items with onsite supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractors EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students; and to minority and female recruitment and training organizations serving the contractors recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations, such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable provide after school, summer, and vacation employment to minority and female youth both on the site and in other areas of a contractors workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. I. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel, for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractors obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non -segregated except that separate or single user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (18.7a through 18.7p). The efforts of a contractor association, joint contractor union, contractor community, or other similar groups of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractors minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the Page 8 of 46 effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, if the particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally,) the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized. 10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government, and to keep records. Records shall at least include for each employee, the name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Reference: Executive Order 11246 & Title 41 CFR Part 60 — 4.3 Page 9 of 46 FEDERAL REQUIREMENTS: FR -05 COPELAND "ANTI -KICKBACK" ACT — 18 U.S.C. 874 / 40 U.S.C. 276c / 29 CFR Part 3 Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. TITLE 18, U.S.C. Sec. 874. Kickbacks from public works employees "Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not more than five years, or both." [18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740, eff. Sept. 1, 1948) replaces the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948), which was codified as 40 U.S.C. 276b prior to its repeal by 62 Stat. 862, eff. Sept. 1, 1948.] TITLE 40, U.S.C. (as amended) Sec. 276c, Regulations governing contractors and subcontractors "The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure) shall apply to such statements." [40 U.S.C. 276c, as amended (48 Stat. 948 as amended by 62 Stat. 862, 63 Stat. 108, and 72 Stat. 967) constitutes the Copeland Act in its present form, which is a revision of section 2 of the original Act of June 13, 1934, section 1 of the original Act was repealed coincidentally with its replacement by 18 U.S.C. 874, set out above.] Reorganization Plan No. 14 of 1950 (15 F.R. 3176, 64 Stat. 1267, 5 U.S.C. 133z note): "In order to assure coordination of administration and consistency of enforcement of the labor standards provision of each of the [foregoing and other enumerated] Acts by the Federal agencies responsible for the administration thereof, the Secretary of Labor shall prescribe appropriate standards, regulations, and procedures, which shall be observed by these agencies, and cause to be made by the Department of Labor such investigations, with respect to compliance with and enforcement of such labor standards, as he deems desirable, ..." Page 10 of 46 FEDERAL REQUIREMENTS: FR -06 FEDERAL LABOR STANDARDS PROVISIONS (HUD 4010) DAVIS - BACON REQUIREMENTS Compliance with Davis -Bacon and Related Act Requirements: All rulings and interpretations of the Davis -Bacon and Related Acts Contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by reference. For additional information regarding Labor Rates, please go to the following United States Department of Labor website: http://www.dol.gov/whd/contracts/dbra.htm Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. 1. (i) Minimum Wages All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a.)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can easily be seen by the workers. (ii) (a) Any class of laborers or mechanics, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and Page 11 of 46 (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budged under OMB control number 12150140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budged under OMB control number 12150140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to David -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract, the HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Page 12 of 46 Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014- 1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance, "signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under CFR 5.5(a)(3)(i) above and that such information is correct and complete; (2) That each laborer and mechanic (including each helper, apprentice and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Page 13 of 46 (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) available for inspection, copying or transcription by authorized representatives of HUD or its designee, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman Page 14 of 46 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act Requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in subparagraphs 1 through 11 of this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes Concerning Labor Standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded. Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a) (1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CF Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12 (a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S. Criminal 1001. Additionally, U.S. Criminal Code Section 1 01 0, Title 18, U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C, "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of influencing in any way the action of such Administration....makes, utters or publishes any statement Page 15 of 46 knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provision of this Contract are applicable shall be discharged or in any other manner discrimination against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. Reference: Title 29 CFR Part 5.5 WAGE RATES Page 16 of 46 7/7/2016 www.wdol.gov/wdol/scafilesldavisbacorvTX31.dvb?v=0 General Decision Number: TX160031 01/08/2016 TX31 Superseded General Decision Number: TX20150031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricia Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (E0) 13658, an hourly minimum wage of $10.15 for calendar year 2016 applies to all contracts subject to the Davis -Bacon Act for which the solicitation was issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.15 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/08/2016 * 5UTX1987-001 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting) $ 9.05 Concrete Finisher $ 7.56 ELECTRICIAN $ 13.37 Laborers: Common $ 7.25 Utility $ 7.68 Power equipment operators: Backhoe $ 9.21 Motor Grader ..$ 8.72 2.58 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). httn-Nwww wrinl nnv/wrinl/arafilac/rtavicharnraX:i1 rivh'N=n IM Page 17 of 46 5/31/2016 wwwwdol ov/wdoI/ccafilcs/davisbac The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012.007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted, Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union http://www.wdoLgov/wdol/scafiles/dav isbacon/TX31.dvb?v= 0 Page 18 of 46 5/31/2016 www wdol gov/wdoi/scafiies/davisbarorVTX31 dvb?v-0 average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: hftp://wwwwdol.gov/wdoliscafiles/davisbacon/TX31.dvb7v=0 Page 19 of 46 513101116 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 �c iiic:laOVI., acOn! 1 X3l.pvb 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION • http://www.wdol.gov/wdoliscafilestdavisbaconfTX31..dvb?v=0 Page 20 of 46 FEDERAL REQUIREMENTS: FR -07 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT REQUIREMENTS 29 CFR PART 5 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic, in any workweek in which he or she is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this paragraph. (4) Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this paragraph and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. (5) Health and Safety. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his/her health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, 40 USC 3701 et seq. The Contractor shall include the provisions of this para -graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary Reference: 29 CFR Part 5.5 & Advisory Circular 150/5100-6d Page 21 of 46 FEDERAL REQUIREMENTS: FR -08 REGULATIONS REGARDING REPORTING INSTRUCTIONS HUD FORM 2516 This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance. Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period. Section 3 This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD- 60002 to report employment and training opportunities data. Form HUD -2516 is to be may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons means low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Community Development Programs 1. Grantee: Enter the name of the unit of government submitting this report. 2. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data. 7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B -32 -MC -25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar. If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. The "other" category includes supply, professional services and all other activities except construction and education/training activities. 7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic /gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnic/ gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor. 7e. Woman Owned Business: Enter Yes or No. Page 22 of 46 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7g. Section 3 Contractor: Enter Yes or No. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided. 7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Enter this information for each A Section 3 contractor/subcontractor is a business concern that provides economic opportunities to low -and very low-income residents of the metropolitan area (nonmetropolitan county), including a business concern that is 51 percent or more owned by low- or very low-income residents; employs a substantial number of low- or very low- income residents; or provides subcontracting or business development opportunities to businesses owned by low- or very low-income residents. Low- and very low-income residents include participants in Youth build programs established under Subtitle D of Title IV of the Cranston -Gonzalez National Affordable Housing Act. The terms "low-income persons" and "very low-income persons" have the same meanings given the terms in section 3(b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establish Income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high or low-income families. Very low-income persons mean low -Income families (including single persons) whose incomes do not exceed 50 percent of the median family Income area, as determined by the Secretary with adjustments or similar and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. INSTRUCTIONS FOR: FORM HUD -60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low -Income Persons. Instructions: This form is to be used to report annual accomplishments regarding employment and other economic opportunities provided to low- and very low-income persons under Section 3 of the Housing and Urban Development Act of 1968. The Section 3 regulations apply to any public and Indian housing programs that receive: (1) development assistance pursuant to Section 5 of the U.S. Housing Act of 1937; (2) operating assistance pursuant to Section 9 of the U.S. Housing Act of 1937; or (3) modernization grants pursuant to Section 14 of the U.S. Housing Act of 1937 and to recipients of housing and community development assistance in excess of $200,000 expended for: (1) housing rehabilitation (including reduction and abatement of lead-based paint hazards); (2) housing construction; or (3) other public construction projects; and to contracts and subcontracts in excess of $100,000 awarded in connection with the Section -3 -covered activity. Form HUD -60002 has three parts, which are to be completed for all programs covered by Section 3. Part I relates to employment and training. The recipient has the option to determine numerical employment/training goals either on the basis of the number of hours worked by new hires (columns B, D, E and F). Part II of the form relates to contracting, and Part III summarizes recipients' efforts to comply with Section 3. Recipients or contractors subject to Section 3 requirements must maintain appropriate documentation to establish that HUD financial assistance for housing and community development programs were directed toward low- and very low-income persons.* A recipient of Section 3 covered assistance shall submit one copy of this report to HUD Headquarters, Office of Fair Housing and Equal Opportunity. Where the program providing assistance requires an annual performance report, this Section 3 report is to be submitted at the same time the program performance report is submitted. Where an annual performance report is not required, Page 23 of 46 this Section 3 report is to be submitted by January 10 and, if the project ends before December 31, within 10 days of project completion. Only Prime Recipients are required to report to HUD. The report must include accomplishments of all recipients and their Section 3 covered contractors and subcontractors. HUD Field Office: Enter the Field Office name. 1. Recipient: Enter the name and address of the recipient submitting this report. 2. Federal Identification: Enter the number that appears on the award form (with dashes). The award may be a grant, cooperative agreement or contract. 3. Dollar Amount of Award: Enter the dollar amount, rounded to the nearest dollar, received by the recipient. 4 & 5. Contact Person/Phone: Enter the name and telephone number of the person with knowledge of the award and the recipient's implementation of Section 3. 6. Reporting Period: Indicate the time period (months and year) this report covers. 7. Date Report Submitted: Enter the appropriate date. 8. Program Code: Enter the appropriate program code as listed at the bottom of the page. 9. Program Name: Enter the name of HUD Program corresponding with the "Program Code" in number 8. Part I: Employment and Training Opportunities Column A: Contains various job categories. Professionals are defined as people who have special knowledge of an occupation (i.e. supervisors, architects, surveyors, planners, and computer programmers). For construction positions, list each trade and provide data in columns B through F for each trade where persons were employed. The category of "Other" includes occupations such as service workers. Column B: (Mandatory Field) Enter the number of new hires for each category of workers identified in Column A in connection with this award. New hire refers to a person who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column C: (Mandatory Field) Enter the number of Section 3 new hires for each category of workers identified in Column A in connection with this award. Section 3 new hire refers to a Section 3 resident who is not on the contractor's or recipient's payroll for employment at the time of selection for the Section 3 covered award or at the time of receipt of Section 3 covered assistance. Column D: Enter the percentage of all the staff hours of new hires (Section 3 residents) in connection with this award. Column E: Enter the percentage of the total staff hours worked for Section 3 employees and trainees (including new hires) connected with this award. Include staff hours for part-time and full-time positions. Column F: (Mandatory Field) Enter the number of Section 3 residents that were trained in connection with this award. Part II: Contract Opportunities Block 1: Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project/program that were awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Block 2: Non -Construction Contracts Item A: Enter the total dollar amount of all contracts awarded on the project/program. Item B: Enter the total dollar amount of contracts connected with this project awarded to Section 3 businesses. Item C: Enter the percentage of the total dollar amount of contracts connected with this project/program awarded to Section 3 businesses. Item D: Enter the number of Section 3 businesses receiving awards. Part III: Summary of Efforts — Self -explanatory Submit one (1) copy of this report to the HUD Headquarters Office of Fair Housing and Equal Opportunity, at the same time the performance report is submitted to the program office. The Section 3 report is submitted by January 10. Include only contracts executed during the period specified in item 8. PHAs/IHAs are to report all contracts/subcontracts. Page 24 of 46 * The terms "low-income persons" and very low-income persons" have the same meanings given the terms in section 3 (b) (2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except that The Secretary may establish income ceilings higher or lower than 80 percent of the median for the area on the basis of the Secretary's findings such that variations are necessary because of prevailing levels of construction costs or unusually high- or low-income families. Very low-income persons mean low-income families (including single persons) whose incomes do not exceed 50 percent of the median family income area, as determined by the Secretary with adjustments or smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. Page 25 of 46 917 40 96 abod Contract and Subcontract Activity U.S. Department of Housing and Urban Development OMB Approval No.: 2535-0117 (exp. 12/31/2006) Public Reporting burden for this collection of information is estimated to average .50 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is voluntary. HUD may not collect this information, and you are not required to complete this fomr, unless it displays a currently valid OMB Control Number. Executive Order 12421 dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and that these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals not evaluate MBE performance against these goals. While no assurances of confidentiality is pledged to respondents, HUD generally disclosed this data only in response to a Freedom of Information request. Privacy Act Notice— The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the information requested in this form by virtue of Title 12, Untied States Code, Section 1701 et seq., and regulations promulgated there under at Title 12, Code of Federal regulations. It will not be disclosed or released outside the United States Department of Housing and Urban Development without your consent, except as required or permitted by law. 1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency Check if City of Corpus Christi PHA o IHA o 2. Location (City, State, ZIP Code) 1201 Leopard St., Corpus Christi, TX 78401 3a. Name of Contact Person Rudy Bentancourt, CD Administrator 3b. Phone Number (including Area Code) 361-880-3017 4. Reporting Period 0 Oct.1— to Sept. 30, (Annual -FY) 5. Program Code (Not applicable for CPD programs) ❑ See explanation of codes at bottom of page. Use a separate sheet for each program code. 6. Date Submitted to Field Office October 1 Grant/Project Number or HUD Case Number or other identification of property, subdivision, dwelling unit, etc. Project Name 7a, Amount of Contractor Subcontract 7b. Type of Trade Code (See below) 7c. Contractor or Subcontractor Business Racial/Ethnic Code (See below) 7d. Woman Owned Business (Yes or No.) 7e. Prime Contractor Identification (ID)Number 7f. Sec. 3 Contr . 7g. Subcontractor Identification (ID) Number 7h. Sec. 3 Sub. 7i. Contractor/Subcontractor Name and Address 7j, Name Street City State Zip 1= New Construction 2= Education/Training CPD: 6= HUD -Held 3= Other l= New Construction 2= Substantial Rehab. 7c: Type of Trade Codes Housing/Public Housing: (Management) 3= Repair 4= Service 5=Project Mangt. 6= Professional 7= Tenant Services 8= Education/Training 9=Arch./Engrg. Appraisal 0= Other 1= White Americans 2= Black Americans 7d : Racial/Ethnic Codes: 3= Native Americans 4= Hispanic Americans 5= Asian/Pacific Americans 6= Hasidic Jews I= All insured, including Section 8 5= Section 202 2= Flexible Subsidy 5. Program Codes (Complete for Housing and Public and Indian Housing programs only): 3= Section 8 Noninsured. Non-HFDA 7= Public/Indian Housing 4= Insured (Management) form HUD -2516 (8/98) 1 Section 3 Summary Report U.S. Department of Housing OMB Approval No: 2529-0043 Economic Opportunities for and Urban Development (exp. 11/30/2010) Low — and Very Low-Income Persons Office of Fair Housina And Equal Opportunity HUD Field Office: Section back of page for Public Reporting Burden statement HUD Field Office: 1. Recipient Name & Address: (street, city, state, zip) 2. Federal Identification: (grant no.) 3. Total Amount of Award: 4. Contact Person 5. Phone: (Include area code) 6. Length of Grant 7. Reporting Period: 8. Date Report Submitted: 9. Program Code: (Use separate sheet for each program code) 10. Program Name: Part l: Employment and Training ("" Columns B, C and F are mandatory fields. Include New Hires in E &F) A Job Category B Number of New Hires C Number of New Hires that are Sec. 3 Residents D % of Aggregate Number of Staff Hours of New Hires that are Sec. 3 Residents E % of Total Staff Hours for Section 3 Employees and Trainees F Number of Section 3 Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other (List) Total * Program Codes 3 = Public/Indian Housing 4 = Homeless Assistance 8 = CDBG State Administered 1 = Flexible Subsidy A = Development, 5 = HOME 9 = Other CD Programs 2 = Section 202/811 B = Operation 6 = HOME State Administered 10 = Other Housing Programs r = hAnrlorrv,olinn 7 = rrb R(_ Frdiflomonf Page 1 of 2 form HUD 60002 (6/2001) Ref 24 CFR 135 Page 27 of 46 Part II: Contracts Awarded 1. Construction Contracts: A. Total dollar amount of all contracts awarded on the project $ B. Total dollar amount of contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving contracts 2. Non-Construction Contracts: A. Total dollar amount all non-construction contracts awarded on the project/activity $ B. Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C. Percentage of the total dollar amount that was awarded to Section 3 businesses D. Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated community development programs, to the greatest extent feasible, toward low-and very low-income recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media, signs prominently by HUD financial assistance for housing and persons, particularly those who are displayed at the project site, contracts area (or nonmetropolitan county) in of Section 3 residents. to business concerns which meet the definition Section 3 covered project is located. with the community organizations and public or private agencies operating within the metropolitan which the Section 3 covered program or project is located, or similar methods. Participated in a HUD program or other program which promotes the training or employment Participated in a HUD program or other program which promotes the award of contracts of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Other; describe below. Public reporting for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB number. Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u, mandates that the Department ensures that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low- and very-low income persons, particularly those who are recipients of government assistance housing. The regulations are found at 24 CFR Part 135. The information will be used by the Department to monitor program recipients' compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3, to prepare reports to Congress, and by recipients as self-monitoring tool. The data is entered into a database and will be analyzed and distributed. The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3. The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6) of the Fair Housing Act and Section 916 of the HCDA of 1992. An assurance of confidentiality is not applicable to this form. The Privacy Act of 1974 and OMB Circular A-108 are not applicable. The reporting requirements do not contain sensitive questions. Data is cumulative; personal identifying information is not included. Page 2 of 2 form HUD 60002 (11/2010) Ref 24 CFR 135 Page 28 of 46 FEDERAL REQUIREMENTS: FR -9 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by HUD or its designee and the Sponsor of the Federal grant under which this contract is executed. Reference: Title 49 CFR Part 18.36(i)(8) Page 29 of 46 FEDERAL REQUIREMENTS: FR -10 ACCESS TO RECORDS AND RECORD RETENTION The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, HUD and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. Reference: Title 49 CFR Part 18.36(i) Page 30 of 46 FEDERAL REQUIREMENTS: FR -11 CLEAN AIR AND WATER POLLUTION CONTROL Contractors and subcontractors agree: a. That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; b. To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; d. To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. Reference: Clean Air Act (42 U.S.C. 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended, (49 CFR Part 18.36(1) (12) & Section 306 of the Clean Air Act & Section 508 of the Clean Water Act Page 31 of 46 FEDERAL REQUIREMENTS: FR -12 ENERGY CONSERVATION REQUIREMENTS The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Reference: Title 49 CFR Part 18.36 & Public Law 94-163 Page 32 of 46 FEDERAL REQUIREMENTS: FR -13 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 49 CFR Part 29 & FAA Order 5100.38C Page 33 of 46 FEDERAL REQUIREMENTS FR —13 CERTIFICATION FORM SUSPENSION AND DEBARMENT REQUIREMENTS FOR ALL CONTRACTS OVER $25.000 49 CFR PART 29 The Proposer/offeror certifies, by this submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Proposer further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Proposer/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. 10 August 2016 Date Authorized Signature Charles DeBuck Print Name Business Manager Title of Signer ExerPlay, Inc. Company Name 12001 N. Hwy 14, PO Box 1160 Company Address Cedar Crest, NM 87008 City, State, Zip Code NOTE: Failure to complete the blanks may be grounds for rejecting the Proposal. Page 27 of 31 Page 7 FEDERAL REQUIREMENTS: FR -14 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (1) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. Reference: Title 49 CFR Part 20, Appendix A Page 34 of 46 FEDERAL REQUIREMENTS: FR -14 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The Contractor certifies, by acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Reference: 49 CFR Part 29 & FAA Order 5100.38C Page 35 of 46 FEDERAL REQUIREMENTS FR — 14 CERTIFICATION FORM CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit with this a Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 10 August 2016 Signature Date Charles DeBuck, Business Manager Print Name of Authorized Individual ExerPlay, Inc. Organization Name Page 28 of 31 Page 6 FEDERAL REQUIREMENTS: FR -15 ECONOMIC OPPORTUNITIES FOR LOW AND VERY -LOW INCOME PERSONS Section 3 Clause. Housing and Urban Development Act of 1968 All section 3 covered contracts shall include the following clause (referred to as the section 3 clause): A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Page 36 of 46 section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). § 135.40 Providing other economic opportunities. (a) General. In accordance with the findings of the Congress, as stated in section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with section 3 covered assistance. (b) Other training and employment related opportunities. Other economic opportunities to train and employ section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring section 3 residents in management and maintenance positions within other housing developments; and hiring section 3 residents in part-time positions. (c) Other business related economic opportunities. (I) A recipient or contractor may provide economic opportunities to establish, stabilize or expand section 3 business concerns, including micro -enterprises. Such opportunities include, but are not limited to the formation of section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, purchase of supplies and materials from housing authority resident -owned businesses, purchase of materials and supplies from PHA resident -owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident -owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non -section 3 businesses to utilize such methods to provide other economic opportunities to low- income persons. (2) A section 3 joint venture means an association of business concerns, one of which qualifies as a section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture; and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Subpart C [Reserved] Page 37 of 46 FEDERAL REQUIREMENTS: FR -16 AFFIRMATIVE ACTION REGULATIONS AND PLAN An Affirmative Action Plan (AAP) must be submitted by the prime contractor and all subcontractors who have subcontracts of $10,000 or more on the project. These must be displayed on the project bulletin board or posted on site for employee view and must include the percentage of AAP goals. Page 38 of 46 FEDERAL REQUIREMENTS: FR -17 WOMEN AND MINORITY OWNED BUSINESSES (M/WBE) The Contractor will do the best efforts to afford small business (Section 3 (a) of the Small Business Act), minority businesses enterprises and women business enterprises (51% + owned or controlled by minority group members or women) the maximum practicable opportunity to participate in the performance of this project. Page 39 of 46 FEDERAL REQUIREMENTS: FR -18 ACCESSIBILITY SECTION 504 COMPLIANCE CDBG regulations require adherence to the following regulations: Americans with Disabilities Act (ADA) removal of architectural and communications barriers. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of disability. Page 40 of 46 FEDERAL REQUIREMENTS: FR -19 TEXAS ARCHITECTURAL BARRIERS ACT Elimination of Architectural Barriers , Government Code Chapter 469.- The intent of this chapter is to ensure that each building and facility subject to this chapter is accessible to and functional for persons with disabilities without causing the loss of function, space, or facilities. A State compliance certificate will be required at completion of project construction for contracts $50,000 and above; the contractor shall strictly adhere to the construction approved drawings and specifications to accomplish final Certification from the Texas Department of Licensing and Regulations (TDLR.) Page 41 of 46 FEDERAL REQUIREMENTS: FR -20 DRUG-FREE WORKPLACE REQUIREMENTS The Drug -Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug-free workplaces. Each potential recipient must certify that it will comply with drug-free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. Page 42 of 46 FEDERAL REQUIREMENTS: FR -21 FIELD REQUIREMENTS TO BE POSTED: All posting documents must be placed in a visible location at the job site on a notice board: Davis -Bacon Poster: The WH Publication 1321 must be placed in a visible location at the job site on a notice board with the Contractor's and sub -contractors' Affirmative Action Plans when applicable. Davis -Bacon Prevailing Wage Rates: The Contractor shall display in a visible location at the job site on a notice board for employee viewing the Federal Wage Rates that apply to each Individual type of project. HUD Form 4010 Federal Labor Standards Provisions: The Contractor must be place in a visible location at the job site on a notice board the requirements of Davis- Bacon, Copeland, and Contract Work Hours and Safety Standards Acts. Section 3 Notice: The Contractor must inform workers of Economic Opportunities for Low and Very -Low Income Persons. Information pertaining to this notice must be placed in a visible location at the job site on a notice board. Executive Order 112461: The Contractor must place in a visible location at the job site on a notice board requirements that set forth the anti -discrimination policy for this project. Parts II & III of this Executive Order are applicable along with Executive Order 11375 concerning employment discrimination on the basis of race, color, sex, religion and national origin. Affirmative Action Plan: An Affirmative Action Plan must be submitted by the prime contractor and all sub -contractors who have sub -contracts of $10,000.00 or more on the project. These plans must be displayed on the project bulletin board for employee view CDBG Project Sign: Project Sign: Contractors responsible to install in a visible location as selected by the City, a CDBG Project Sign prior to commencement of construction. Dimensions and design is attached. The field location will be determined prior to work start. Compliance Affidavit: The Contractor must sign and return the attached affidavit to the City prior to beginning work on the project. Affirmative Action Plan: The Contractor must submit and post this plan at the jobsite. Affidavit and Waiver of Lien by Contractor: The Contractor must complete, sign and return this waiver with each request for payment. Page 43 of 46 Red Background White Letters White Background Black Letters Blue Background White Letters 4' CDBG PROJECT SIGN 8' PROJECT NAME Project Address CITY OF CORPUS CHRISTI Community Development Block Grant (CDBG) U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Total Project Cost: $ CDBG FUNDS: $ Contractor: Address: Phone Number: 3'6" Contractor to locate sign where it is most visible to the public and as approved by City Sign is made from a 4 feet x 8 feet sheet of 3/4" plywood. Sign should be posted at a minimum of than 3' 6" high from ground level. Page 44 of 46 AFFIRMATIVE ACTION PLAN in compliance with Executive Order No. 11246 and Section 3 of the 1968 Housing & Urban Development Act regarding Equal Employment Opportunity hereby gives notice that no person in the United States shall, on the ground of race, color, religion, sex or national origin, be denied employment, and further assurance is also given that will immediately take any reasonable measures necessary to effectuate this policy. Notice of the policy will be placed in plain sight on the job location for the benefit of interested parties, and all subcontractors will be so notified. All Equal Opportunity posters will be displayed as required. has been appointed as the Equal Employment Opportunity Officer to coordinate company efforts, to advise and assist key personnel and staff, and officially serve as focal point for complaints, inquires, etc. Attachment #2 reflects present employment of the company and percentage goals for projected hiring of lower-income residents, minorities and women. AFFIRMATIVE SUBCONTRACTING In accordance with Paragraph 135.70 of Section 3, Attachment #1 reflects anticipated subcontractor(s) needed (by craft) and approximate dollar amounts in each category for the duration of this project. will use the HUD Business Registry, as far as possible, in the project area and inform subcontractors of the need to be on the HUD Registry. Specific efforts will be made to contact and use minority-owned businesses in the project area to the maximum extent feasible. Section 3 requirements and language will be in each subcontractor bid and/or proposal for work on this project. Compliance with Section 3 and Executive Order No. 11246 will be required of all subcontractors of $10,000 or more. UTILIZING LOWER INCOME RESIDENTS, MINORITIES AND WOMEN To the maximum extent feasible, and any subcontractors will use lower income residents as trainees, apprentices and workers (if qualified) to complete the work on this project. Special outreach efforts will be made to various public and private recruitment sources such as the Texas Employment Commission and Manpower. Special efforts will also be made to recruit minorities and women. and all its subcontractors will determine by craft and/or position the approximate manpower needs to complete the project. The manpower needs will be made known to the resources named above. Attachments #2 and #3 shall be completed by and each subcontractor to assure that reasonable goals and target dates are a formal part of any contract or subcontract. Attachment #2 indicates current workforce, and Attachment #3 shows projected workforce needs and goals for lower income residents, minorities and women. PROMOTION, DEMOTION, PAY RATES, LAYOFFS, ETC. All personnel actions of the company shall be made on a nondiscriminatory basis without regard to race color, religion, sex or national origin. We will inform each subcontractor of these affirmative action requirements and insure compliance. RECORDS AND REPORTS will submit all reports required in a timely fashion. The Company will also assure that all subcontractors shall submit required reports as needed. (print) Name of Executive Officer SIGNATURE DATE (print) Name of EEO Officer SIGNATURE COMPANY NAME: ADDRESS: PHONE NO.: Page 45 of 46 DATE AFFIDAVIT AND WAIVER OF LIEN BY CONTRACTOR STATE OF TEXAS COUNTY OF Personally appeared before me, the undersigned authority in and for said State and County (Name/Title) of (Name of Company) which firm is hereinafter called "Contractor", who being duly sworn states on oath that he has personal knowledge of the following: 1. Contractor has paid in full all debts, obligations, and liabilities (including, without limitation, all debts, obligations, and liabilities for labor, materials, equipment or services, and for all local, state or federal taxes) which have been incurred by Contractor, or which are claimed by others to have been incurred by Contractor, or which have arisen in conjunction with work done, or labor, materials, equipment or services furnished by Contractor under contract with the City of Corpus Christi on the (Project Name) 2. This Affidavit and Waiver is made and given upon and in exchange for final payment of all sums due Contractor by the City of Corpus Christi under the terms of said contract. In consideration therefor, Contractor waives and releases any and at claims and any and all liens or rights to liens which Contractor has or may have against the City of Corpus Christi for amounts due and owing to Contractor by virtue of Contractor furnishing the labor, materials, equipment or services referred to above. The above statements are made by (Name) of (Name of Company) individually and on behalf of the Contractor. (Name and Title) (Company Name) Sworn to and subscribed before me on (Date). Notary Public State of Texas Commission Expires ATTACHMENT "A" END OF FEDERAL REQUIREMENTS Page 46 of 46 Attachment D - Proposer's Proposal exerPIa y, inc. Proposal Capability to Supply and Maintain Services ExerPlay, Inc. has been designing, supplying and installing playground equipment for over 25 years. Our track record is one of excellence in service and product. We have serviced multiple federal contracts in excess of $1,000,000 to as little as $100. ExerPlay has always been on the forefront of inclusive play and has partnered with Landscape Structures to create fully accessible play places since the 1990's. More recently we have been involved with some of the largest inclusive playground designs in the country. Below are two examples but ExerPlay has designed and built between three and four inclusive playgrounds of this scale each year for the last ten years. A Park Above A Park Above is an inclusive playground in Rio Rancho, New Mexico. ExerPlay and Landscape Structures provided design, layout, custom development and the installation. This project included every aspect requested in this RFP. Los Altos Inclusive Park Los Altos Park is a fully inclusive playground with the City of Albuquerque. ExerPlay provided the design consultation and surfacing and through Landscape Structures, provided the equipment. 12001 N. Hwy 14 P.O. Box 1160 Cedar Crest, NM 87008 (800) 457-5444 Fax: (505) 281-0155 www.exerplay.com i exeriia y, inc. Proposal Phase 1 - $300,000 Phase one will focus on providing a solution for the full scope of work described under section 4. This will include a structure and independent design provisions for each sensory group. For example: ZipKrooz Assisted (Zip Line) The ZipKrooz and ZipKrooz Assisted provide every child with the chance to fly! This play event engages the Vestibular, Proprioception and Tactile, senses. This would include a side by side with the regular ZipKrooz creating a "Play with all" social environment. Sway Fun (Sway/Swing Motion) The Sway Fun provides a social gathering point where children of all abilities can rest and play. This play event engages the Social Imaginative, Motor Planning, Vestibular, Proprioception and Tactile senses. 1. . . 't- WitelAsi 12001 N. Hwy 14 P.O. Box 1160 Cedar Crest, NM 87008 (800) 457-5444 Fax: (505) 281-0155 www.exerplay.com i exeriia y, inc. Proposal Roller Slide or Table (Flat Roller Slide) The Roller Slide is one of our more popular items and the rollers provide a child with a unique Tactile, Vestibular, Proprioceptive and auditory experience. Music Garden The wheelchair turn -around will include a music garden with our new Rhapsody Product. This creates a rich environment of Social interaction, Auditory and Motor planning experiences. 12001 N. Hwy 14 P.O. Box 1160 Cedar Crest, NM 87008 (800) 457-5444 Fax: (505) 281-0155 www.exerplay.com i exeriia y, inc. Proposal Swings with Molded Bucket Seats The combination of a wide variety of types of swings allows for children of varying abilities to swing together encouraging inclusion of all in this favorite childhood play experience. Cozy Garden (Secluded quiet space) For children with that need a break from the sights and sounds, which can become overstimulating, we will create a Cozy Garden. This will be a quiet secluded location for escape. Accessible Unitary Surfacing The playground design will include unitary surfacing throughout the inclusive play areas of the playground. Unitary surfacing allows for an easy transition from the sidewalk to play areas by eliminating any drop-offs from surface to surface. In addition, the surface design will be rich with color, theme and interactive games. Fencing and site furnishing for Play Area Fencing allows children to play freely while parents and caregivers can sit back and monitor for safety. This is specifically supportive of families who have children with autism who might flee when overwhelmed during play. Seating will also be provided around playground to support family members who might need to sit while their children play. 12001 N. Hwy 14 P.O. Box 1160 Cedar Crest, NM 87008 (800) 457-5444 Fax: (505) 281-0155 www.exerplay.com � a exe,.Pla y, inc. Phase 2 - $100,000 Unless otherwise directed, Shade structures are proposed as part of the second phase of the playground design. Shade is important for all who play so that they do not experience sun or heat exposure while at the park. For some children with disabilities this shade will make the difference between their being able to play or not play. Their medical condition or medications may limit how long they can be in direct sunlight or high heat. Proposal Phase 3 - $100,000 Phase three will focus on connecting the existing pavilion to the play area. This could include the following: 1. A series of play elements from the pavilion down the hill. This could include a hill slide or two and a climber. 2. Sensory rich panels along the edge of the pavilion slab for sensory, tactile, social and visual engagement. 12001 N. Hwy 14 P.O. Box 1160 Cedar Crest, NM 87008 (800) 457-5444 Fax: (505) 281-0155 www.exerplay.com Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Page 8 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: 2016-96706 Date Filed: 08/09/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ExerPlay, Inc. Cedar Crest, NM 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. 831 Provide design, inclusive playground equipment and installation for the people of the City of Corpus Christi. 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. <;'.-----37-7\Official Seal -i 1 VICKI E. WILMARTH Notary Public '. `\!.-/ State of New Mexic. \'.' My Commission Expires !O /S 9/''/�►�vl --�--^ Signature of authorized agent of contracting business entity //�� (24(a_X-S De 3v c).._, , this the /Q t4 day of 4/a/, c f , AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20/, to certify which, witness my hand and A . / . /i.41 s . seal of office. �" A �id . '!'l I / /, i , 7 Signature of offi•. r administering oath Printed name of officer administering oath 'tie of off •r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Page 8 CORPUS CHRISTI PARKS& RLC?LAT'ION Play for All Playground Manuel Q. Salinas Park Council Presentation October 18, 2016 Play for All Playground Project Location 4 Manuel Q. Salinas Park 1354 Airport Road CITY COUNCIL EXHIBIT n CITY OF CORPUS CHRISTI. TEXAS DEPARTAENT OF ENGINEERING SERVICES CORPUS CHRIST PA PK 5R, RECAEATION 2 Play for All Playground • Community Block Development Grant • Community Task Force • Parks & Recreation Department • Human Relations Department • Purchasing Department • Parks & Recreation Advisory Committee • Commission for Persons with Disability • Miracle League • Physical Therapist • Parents • Developed scope for RFP and served on selection committee • Inclusive vs. singular focus • Play and sensory principles • Two phases Site Location in Park Play for All play CORPUS CHRISTI PARKS& AkCAEAT.N • 4 Play for All Playground Rendering CORPUSPTi CHRISTI HS PARKS& iigCAEATtON Manuel Q. Salinas Palette W @nnu+iAr14.11, Tx IMonr• 5. retie SZ landscape or% structures Better playgrounds. Better world.' eit P!DLGly pre IDA ere 5 Play for All Playground Rendering Manuel Q. Salinas Music Palette W tfth landscape structures Better playgrounds. Better world Ri a+wdN P..wnwd er. ay 6 Schedule Task Oct Nov Dec Jan Contract Manufacturing Installation of Equipment Installation of Fall Zone Completion AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: September 27, 2016 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology Bmercado@cctexas.com (361) 826-3740 Approving the Infor Software Subscription Agreement for the City's Enterprise Software Solution CAPTION: Motion authorizing the City Manager or designee to approve the execution of a Software Subscription agreement with Infor, Inc. for five years for a total expenditure of $3,775,000 with annual payments of $755,000. Funds are available in the Information Technology Department FY2016-2017 budget. PURPOSE: To consolidate Infor software licenses and support into one software subscription agreement for cost savings and improved upgrade support. BACKGROUND AND FINDINGS: Multiple maintenance support contracts are in place for Infor products. It is recommended to move towards a subscription agreement in place of a license agreement. Infor Products Department Users Current Annual Support Cost Infor Hosting Agreement All City Departments $543,840 Infor Financials, Procurement, Human Capital, Talent Management, Payroll, Budget All City Departments $139,200 Infor Community Development For Building Permits, Planning, Business License, Trade License, Health permits, Utility Billing Development Services, Health, Utility Billing Office, Finance $71,239 BSI Tax Factory Finance/Payroll $11,922 Current TOTAL COST $766,201 Some of the challenges with our current arrangement include: • Escalation charge per year is 3% on hosting and 6% on maintenance agreements • Multiple support contracts renewable at different times • Upgrades require consulting services and are not included in current support agreements Moving to a central Infor Software Subscription agreement provides: • No escalation charge for 5 years • Simplified contracts for licensing • No charge for consulting services for future upgrades ALTERNATIVES: 1. Approve the Infor Software Subscription agreement for continued use of system to include licenses, support, and upgrades. 2. Do not approve Infor Software Subscription agreement. Without approval, city staff will continue current license model at an increased overall cost. (Not recommended). CONFORMITY TO CITY POLICY: The proposed purchase conforms to the City's purchasing policies and procedures and Texas State procurement laws. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Information Technology Department Legal Department Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,810,513 Encumbered / Expended Amount This item $755,000 $3,020,000 $3,775,000 BALANCE $1,055,513 Fund(s):5210 The "Line Item Budget" amount in future years will be requested during the normal budget approval process in the applicable future fiscal years. Comments: No matching funds required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Infor Agreements Total Cost of Ownership analysis infor AGREEMENT NUMBER: THIS SUBSCRIPTION LICENSE AND SERVICES AGREEME of Corpus Christi, Texas ("Licensee") as of the Effective Date. The I. Definitions. (a) "Affiliate" means any entity, directly or indirectly, controlling, controlled by, or under common control with, Infor. (b) "Authorized Users" means: (i) Licensee's employees; and (ii) contractors authorized by Licensee to access the Subscription Software who, prior to obtaining access to the Subscription Software, have executed a non -disclosure agreement that protects Infor's Confidential Information to the same extent as this Agreement, in each case registered in the database with a unique UserlD and a unique password. (c) "Confidential Information" means non-public information that is identified as or would be reasonably understood to be confidential and/or proprietary. Confidential Information of Infor includes, without limitation, the Documentation and the Subscription Software, including any software code and all algorithms, methods, techniques, and processes revealed or utilized therein. Confidential Information of Licensee includes Licensee Data. Confidential Information does not include information that: (i) is or becomes known to the public without fault or breach of the Recipient; (ii) the Discloser regularly discloses to third parties without restriction on disclosure; (iii) the Recipient obtains from a third party without restriction on disclosure and without breach of a non -disclosure obligation known to Recipient; or(iv) is independently developed by the Recipient without use of Confidential Information. (d) "Discloser" means the party providing Confidential Information to the Recipient. (e) "Documentation" means the then -current Infor-provided documentation relating to the features, functions, and use of the Subscription Software. (f) "Documented Defect" means a material deviation between the then -current, general release version of the Subscription Software and its Documentation. (g) "Effective Date" means the date identified on the signature page of this Agreement as the Effective Date. (h) "Initial Subscription Term" means the initial subscription period set forth on the applicable Order Form. (i) "Intellectual Property Riehts" means any and all rights in patents, copyrights, trademarks and service marks. (j) "Licensee Data" means information provided, entered or uploaded for use by or with the Subscription Software by the Licensee or its Authorized Users. SUBSCRIPTION LICENSE AND SERVICES AGREEMENT NT (the "Agreement") is between Infor (US). Inc. ("Infor") and Ca parties agree as follows: (k) "License Restriction" means any limitation on the use of the Subscription Software identified in an Order Form (e.g., number of Authorized Users, locations, connections). (I) "Order Form" means each order form between the parties incorporating the terms of this Agreement which shall contain, without limitation, a list of the Subscription Software and associated quantity and License Restriction, a description of the Subscription Services, Subscription Fees, and payment terms. (m) "Personal Information" means information provided to Infor by or at the direction of Licensee, or to which access was provided to Infor in the course of Infor's performance under this Agreement that: (i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses and other unique identifiers); or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government -issued identification numbers, passwords or PINs, financial account numbers, credit report information, biometric or health data, answers to security questions and other personal identifiers). Personal Information shall include any non-public personal information regarding any individual that is subject to applicable national, state, regional, and/or local laws and regulations governing the privacy, security, confidentiality and protection of non-public personal in formation. (n) "Recipient" means the party receiving Confidential Information of the Discloser. (o) "Renewal Term" means any renewal or extension of Licensee's license to use the Subscription Software following the expiration of the Initial Subscription Term. (p) "Residual Knowledee" shall mean ideas, concepts, know- how or techniques related to the Disclosers technology and Confidential Information that are retained in the unaided memories of the Recipient who had rightful access to Confidential information. (q) "Service Level Description" means the Service Level Description document applicable to the Subscription Services and attached as an exhibit to an Order Form. (r) "Subscription Fees" means the fees for the Subscription Services set forth on the applicable Order Form. (s) "Subscription Services" means the Subscription Software - related application hosting services and Support (as defined in Section 3(6)) that Infor provides Licensee under this Agreement. (t) "Subscription Software" means collectively or individually the computer software programs identified in the applicable Order Form for which Infor is providing the Subscription Services. Subscription License and Services Agreement (LIS December 2014) Page 1 of 7 (u) "Subscription Term" means the Initial Subscription Term or any Renewal Term, as applicable. (v) "Third Party Licensor" means a third party whose software products ("Third Party Products") have been made available to Infor for distribution and licensing under the terms of its agreement with Infor (a "Third Party Agreement"). (w) "Updates" means generally available updates, enhancements or modifications to the then -current, general release version of the Subscription Software that are not separately priced or licensed as new products. (x) "User! 13" means a unique user identification credential used in combination with a unique password to access the Subscription Services. 2. License. Subject to the terms and conditions of this Agreement and the applicable Order Form, Infor hereby grants to Licensee a non-exclusive, non -transferable, limited license (without the right to sublease or sublicense) to access and use the Subscription Software and the Subscription Services, during the Subscription Term, in an operating environment hosted by lnfor, for Licensee's own internal use. Any rights not expressly granted in this Agreement are expressly reserved. (a) Documentation. Licensee may make a reasonable number of copies of the Documentation for the Subscription Software for its internal use in accordance with the terms of this Agreement. (b) License Restriction. Licensee's use of the Subscription Software and Subscription Services is subject to any License Restriction specified in the applicable Order Form. (c) Additional Restrictions on Use of the Subscription Software and Subscription Services. In no event shall Licensee access the Subscription Software on any environment outside the hosted environment selected by lnfor as part of the Subscription Services. In no event shall Licensee or its Authorized Users possess or control the Subscription Software or any related software code. Licensee is prohibited from causing or permitting the reverse engineering, disassembly or de -compilation of the Subscription Software. Except as expressly provided by this Agreement, Licensee is prohibited from using the Subscription Software to provide service bureau services to third parties. Licensee will not allow the Subscription Software to be used by, or disclose all or any part of the Subscription Software to, any person except Authorized Users. Licensee acknowledges and agrees that U.S. export control laws and other applicable export and import laws govern its use of the Subscription Software and Licensee will neither export or re-export, directly or indirectly, the Subscription Software, nor any direct product thereof in violation of such laws, or use the Subscription Software far any purpose prohibited by such laws. (d) Intellectual Property Rights Notices. Licensee is prohibited from removing or altering any of the Intellectual Property Rights notice(s) embedded in the Subscription Software or that Infor otherwise provides with the Subscription Services. Licensee must reproduce the unaltered Intellectual Property Rights notice(s) in any full or partial copies that Licensee makes of the Documentation. (e) Ownership. Use of the Subscription Software and Subscription Services does not grant any ownership rights in or to the Subscription Software, the Subscription Services, or the Documentation. Licensee Data shall be the sole property of Licensee; however, Infor may aggregate anonymous statistical data regarding use and functioning of its system by its various licensees, and all such data (none of which shall be considered Licensee Data), will be the sole property of Infor. 3. Subscription Services. (a) Hosted Environment. Infor will provide the application hosting environment, including the hardware, equipment, and systems software configuration on which Infor supports use of the Subscription Software and Subscription Services, on servers located at a facility selected by Infor. (b) Sunnort. Infor shall (a) provide Licensee with access (via the internet, telephone or other means established by Infor) to Infor's support helpline, (b) install, when and if generally available, Updates; and (c) use reasonable efforts to correct or circumvent any material deviation between the then -current, general release version of the Subscription Software and its Documentation (the foregoing referred to collectively as "Support"). Support is included in the Subscription Fee. (c) User Accounts. Licensee is responsible for maintaining its own Authorized User UserlDs and passwords which can be managed through the Subscription Software interface. Licensee is responsible for maintaining the confidentiality of Licensee's UserlDs and passwords and shall cause its Authorized Users to maintain the confidentiality of their UscrlDs and Passwords. Licensee is responsible for all uses of and activities undertaken with UserlDs registered on Licensee's account. Licensee agrees to immediately notify Infor of any unauthorized use of Licensee's UserlDs of which Licensee becomes aware. (d) Connectivity. Infor will be responsible for maintaining connectivity from its network to the Internet which is capable of servicing the relevant Internet traffic to and from the hosted environment. Licensee is responsible for providing connectivity to the Internet for itself and its Authorized Users. Licensee shall also be responsible for ensuring that latency and available bandwidth from the user's desktop to Infor's hosted routers is adequate to meet Licensee's desired level of performance. If Licensee requires a VPN or private network connection to the Subscription Services, Licensee is responsible for all costs associated with any specialized network connectivity required by Licensee. (e) Restrictions. Infor shall have no obligation to correct a problem caused by Licensee's negligence, Licensee's equipment malfunction or other causes beyond the control of Infor. 4. Payment and Taxes. (a) Payment. Licensee shall pay lnfor the Subscription Fees set forth on the Order Form. Subscription Fees are payable in advance and Infor will invoice Licensee for Subscription Fees prior to the commencement of the portion of the Subscription Term to which such fees apply. Ager the Initial Subscription Term, the Subscription Fees shall be subject to annual adjustment. Except as otherwise set forth in this Agreement, Subscription Fees are non-refundable. Licensee will pay each Infor invoice in accordance with the payment terms set forth on the Order Form. Notwithstanding anything to the contrary in this Agreement, Infor reserves the right to suspend access to the Subscription Services in the event of any past due Subscription Fees. Payment of any fees or interest on late payments hereunder shall be subject to the Texas Prompt Payment Act. (b) Taxes. Licensee is responsible for paying all taxes relating to this Agreement (except for taxes based on Infor's net income or capital stock). Applicable tax amounts (if any) are not included in the Subscription Fees set forth on any Order Form. Infor will invoice Subscription License and Services Agreement (US December 2014) Page 2 of 7 Licensee for applicable tax amounts and such invoices are payable in accordance with Section 4(a) and the Order Form. 5. Limited Warranties, Disclaimer of Warranties, and Remedies. (a) Right to Grant License. lnfor warrants that that it owns all right, title and interest in and to the Subscription Software or has obtained rights in such Subscription Software sufficient to grant the licenses granted to Licensee under this Agreement. Licensee's exclusive remedy, and Infor's exclusive obligation, for a breach of this warranty is set forth in Section 7 (Indemnity). (b) Limited Subscription Software Warranty by Infor and Remedy For Breach. lnfor warrants that the Subscription Software licensed to Licensee will operate without a Documented Defect for a period of ninety (90) days from the applicable Subscription Service Ready Date defined in the applicable Order Form. Infor's sole obligation with respect to a breach of the foregoing warranty shall be to repair or replace the Subscription Software giving rise to the breach of warranty. If Infor is unable to repair or replace such Subscription Software within a reasonable period of time, then, subject to the limitations set forth in Section 14 of this Agreement, Licensee may pursue its remedies at law to recover direct damages resulting from the breach of this warranty. The remedies in this Section 5(b) are exclusive and in lieu of all other remedies, and represent Infor's sole obligations, for a breach of the foregoing warranty. Licensee must provide notice to Infor of any warranty claim within the warranty period. For clarity, Licensee's entitlement to Support (as defined in Section 3(b)) in connection with any Documented Defect shall continue throughout the Subscription Term. (c) Malicious Code. Infor represents that it has used commercially reasonable best efforts utilizing generally accepted industry tools and practices to provide Subscription Software that does not contain any "time bombs," "worms," "viruses," "Trojan horses," "protect codes," "data destruct keys," or other programming devices that are intended to access, modify, delete, damage, deactivate or disable the Subscription Services ("Malicious Code"). As Licensee's sole remedy for breach of this representation, Infor shall take action immediately to investigate, identify and remove such Malicious Code from the Subscription Software. (d) Limited Services Warranty and Remedy For Breach. Infor warrants to Licensee that, Infor will render the Subscription Services with commercially reasonable care and skill. Infor further warrants that the hosted environment will be available at all times throughout the Subscription Term, subject to the exceptions and allowances described in the Availability section of the applicable Service Level Description. The level of unavailability shall not exceed one half of one percent (0.5%) per month, excluding Scheduled Maintenance as described in the applicable Service Level Description (the "Down Time Warranty"). In the event of a breach of the foregoing warranty Infor shall apply service level credits based on the actual availability measure for the applicable period as follows: Availability Service Level Credit 99.500% or greater No Service Level Credit 99.499% - 99.000% 5% of the monthly prorated subscription fee 98.999% - 98.500% 15% of the monthly prorated subscription fee 98.499% - 95.000% 25% of the monthly prorated subscription fee Below 95.000% 35% of the monthly prorated subscription fee Service level credits for Subscription Fees paid on an annual basis shall be based on a monthly equivalent fee. For example, a 5% service level credit on an annual subscription fee shall be 5° o of 1/12 of the annual fee. Service level credits shall be applied to Licensee's next invoice or, if Licensee has paid the final invoice under this Agreement, service level credits shall be paid to Licensee within thirty (30) calendar days following the determination that the credit is due. The service level credit is the exclusive remedy and is in lieu of all other remedies for breach of the Down Time Warranty. (e) Disclaimer of Warranties. The limited warranties in this Section 5 are made to Licensee exclusively and are in lieu of all other warranties. INFOR MAKES NO OTHER WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH REGARD TO THE SUBSCRIPTION SOFTWARE AND SUBSCRIPTION SERVICES PROVIDED UNDER THIS AGREEMENT AND/OR ANY ORDER FORM, IN WHOLE OR IN PART. INFOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. INFOR EXPRESSLY DOES NOT WARRANT THAT THE SUBSCRIPTION SOFTWARE OR SUBSCRIPTION SERVICES, IN WHOLE OR IN PART, WILL BE ERROR FREE, OPERATE WITHOUT INTERRUPTION OR MEET LICENSEE'S REQUIREMENTS. (f) Abrogation of Limited Warranty. Infor will have no obligation under this Section 5 to the extent that any alleged breach of warranty is caused by any modification of the Subscription Software not performed by or on behalf of Infor. To the extent that an alleged breach of warranty concerns a Third Party Product that is subject to a more limited warranty under a Third Party Agreement than specified in Section 5 above, Infor's obligations hereunder will be further limited accordingly. (g) FAILURE OF ESSENTIAL PURPOSE. THE PARTIES HAVE AGREED THAT THE LIMITATIONS SPECIFIED IN SECTIONS 5 AND 14 WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND REGARDLESS OF WHETHER LICENSEE HAS ACCEPTED ANY SUBSCRIPTION SOFTWARE OR SUBSCRIPTION SERVICE UNDER THIS AGREEMENT. (h) HIGH RISK ACTIVITIES. THE SUSBSCRIPTION SOFTWARE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE AS ON-LINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATION SYSTEMS, MASS TRANSIT, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SUBSCRIPTION SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). ACCORDINGLY, INFOR DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. LICENSEE AGREES THAT INFOR SHALL NOT BE LIABLE FOR ANY CLAIMS OR Subscription License and Services Agreement (US December 2014) Page 3 of 7 DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SUBSCRIPTION SOFTWARE IN SUCH APPLICATIONS. 6. Confidential Information. (a) Confidentiality. The Confidential Information disclosed under this Agreement may be used, disclosed or reproduced only to the extent necessary to further and fulfill the purposes of this Agreement. Except as otherwise permitted under this Agreement, the Recipient will not knowingly disclose to any third party, or make any use of the Discloser's Confidential Information. The Recipient will use at least the same standard of care to maintain the confidentiality of the Discloser's Confidential Information that it uses to maintain the confidentiality of its own Confidential Information, but in no event less than reasonable care. The non -disclosure and non-use obligations of this Agreement will remain in full force with respect to each item of Confidential Information for a period often (10) years after Recipient's receipt of that item; provided, however, that Licensee's obligations to maintain the Subscription Software and Documentation as confidential will survive in perpetuity. Each of Licensee and Infor shall be shall be responsible for the breach of the confidentiality terms contained in this Section 6 by any of its directors, officers, employees, Authorized Users, agents, accountants and advisors. Notwithstanding the foregoing, this Section is not intended to prevent (a) a Recipient from using Residual Knowledge, subject to any Intellectual Property Rights of the Discloser, or (b) Infor from using aggregated data regarding the use of the Subscription Services to provide reports or analytics to Licensee or to improve the performance of Infor's products, provided such data does not contain any Personal Information regarding Licensee, its employees, customers or Authorized Users. If the Recipient should receive any legal request, court order or other legal process in any form seeking disclosure of Discloser's Confidential Information, or if the Recipient should be advised by counsel of any obligation to disclose such Confidential Information, the Recipient shall (if allowed by law) provide the Discloser with prompt notice of such request or advice so that the Discloser may seek a protective order or pursue other appropriate assurance of the confidential treatment of the Confidential Information. Regardless of whether or not a protective order or other assurance is obtained, the Recipient shall furnish only that portion of the Discloser's Confidential Information which is legally required to be furnished by the applicable court order or legal process, including by order of the State Attorney General of Texas. (b) Security Policies and Safeguards. Infor shall establish and maintain administrative, technical, and physical safeguards designed to protect against the destruction, loss, unauthorized access or alteration of Licensee Data and Personal Information in the possession or under the control of Infor or to which Infor has access, which are: (i) no less rigorous than those maintained by Infor for its own information of a similar nature; (ii) no less rigorous than generally accepted industry standards; and (iii) required by applicable laws. The security procedures and safeguards implemented and maintained by Infor pursuant to this Section 6(b) shall include, without limitation: (i) User identification and access controls designed to limit access to Licensee's Data to authorized users; (ii) the use of appropriate procedures and technical controls regulating data entering Infor's network from any external source; (iii) the use of encryption techniques when Licensee's Data is transmitted or transferred into or out of the hosted environment; Subscription License and Services Agreement (US December 2014) (iv) physical security measures, including without limitation securing Licensee's Data within a secure facility where only authorized personnel and agents will have physical access to Licensee Data; (v) operational measures, including without limitation IT Service Management (1TSM) processes designed to ensure the correct and secure operations of information processing activities; (v) periodic employee training regarding the security programs referenced in this Section; and (vi) periodic testing of the systems and procedures outlined in this Section. (c) Review of Controls. Once in each 12 month period during the Subscription Term, Infor shall, at its cost and expense, engage a duly qualified independent auditor to conduct a review of the design and operating effectiveness of Infor's defined control objectives and control activities in connection with the Subscription Services. Infor shall cause such auditor to prepare a report in accordance with the American Institute of Certified Public Accountants Statement on Standards for Attestation Engagements No. 16 (SSAE 16) or an equivalent standard, which may include ISAE 3402 (the "Audit Report"). Licensee shall have the right to request and receive a copy of the Audit Report and Licensee may share a copy of such Audit Report with its auditors and regulators, provided that, such Audit Report shall be Infor's Confidential Information (as defined in this Agreement). (d) Security Incident Response. In the event that Infor becomes aware that the security of any Licensee Data or Personal Information has been compromised, or that such Licensee Data or Personal Information has been or is reasonably expected to be subject to a use or disclosure not authorized by this Agreement (an "Information Security Incident"), Infor shall: (i) promptly (and in any event within 24 hours of becoming aware of such Information Security Incident), notify Licensee, in writing, of the occurrence of such Information Security Incident; (ii) investigate such Information Security Incident and conduct a reasonable analysis of the cause(s) of such Information Security Incident; (iii) provide periodic updates of any ongoing investigation to Licensee; (iv) develop and implement an appropriate plan to remediate the cause of such Information Security Incident to the extent such cause is within Infor's control; and (v) cooperate with Licensee's reasonable investigation or Licensee's efforts to comply with any notification or other regulatory requirements applicable to such Information Security Incident. 7. Indemnity by Infor. Infor will defend, indemnify and hold Licensee harmless from and against any loss, cost and expense to the extent arising from a third party claim against Licensee that the Subscription Software infringes any Intellectual Property Rights of others. Infor's obligations under this indemnification are expressly conditioned on the following: (i) Licensee must promptly notify Infor of any such claim; (ii) Licensee must, in writing, grant Infor sole control of the defense of any such claim and of all negotiations for its settlement or compromise so icing as such settlement or compromise does not result in payment of money by Licensee or an admission of guilt by Licensee (if Licensee chooses to represent its own interests in any such action, Licensee may do so at its own expense, but such representation must not prejudice Infor's right to control the defense of the claim and negotiate its settlement or compromise); (iii) Licensee must reasonably cooperate with Infor to facilitate the settlement or defense of the claim. lnfor will not have any liability hereunder to the extent the claim arises from (a) any modification of the Subscription Software by, on behalf of, or at the request of Licensee; or (b) the use or combination of the Subscription Software with any computer, computer platform, operating system Page 4 of 7 and/or data base management system other than provided by Infor. If any Subscription Software is, or in Infor's opinion is likely to become, the subject of an Intellectual Property Rights infringement claim, then Infor, at its sole option and expense, will either. (A) obtain for Licensee the right to continue using the Subscription Software under the terms of this Agreement; (B) replace the Subscription Software with products that are substantially equivalent in function, or modify the Subscription Software so that it becomes non -infringing and substantially equivalent in function; or (C) refund to Licensee the un -used portion of the Subscription Services fee, if any, paid to Infor for the Subscription Software giving rise to the infringement claim, and discontinue Licensee's use of such Subscription Software. THE FOREGOING SETS FORTH INFOR'S EXCLUSIVE OBLIGATION AND LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. 8. Term and Termination. (a) Term. With respect to the Subscription Software, the Initial Subscription Term shall be as set forth on the applicable Order Form. After the Initial Subscription Term, the Subscription Term shall automatically renew for successive one-year Renewal Terms, unless either party provides written notice of non -renewal to the other party at (cast sixty (60) days prior to expiration of the Initial Subscription Term or then current Renewal Term, as the case may be. Except as set forth in Section 8(b), the Subscription Term cannot be terminated prior to its expiration date. (b) Right of Termination. If either party breaches any material obligation in this Agreement or an Order Form (including, without limitation, any obligation 10 pay Subscription Fees), and fails to remedy such breach (if such breach can be remedied) within thirty (30) days of receipt of written notice of such breach, the other party may terminate this Agreement (including all Order Forms hereunder). Notwithstanding the foregoing, to the extent such material breach cannot be remedied through efforts of the breaching party, the other party has the right to terminate this Agreement (including all Order Forms hereunder) on less than thirty days' written notice. (c) Effect of Termination. Upon termination of this Agreement by either party, Licensee's license to access and use the Subscription Software and Subscription Services shall immediately terminate as of the effective date of such termination. Termination of this Agreement will not release either party from making payments which may be owing to the other party under the terms of this Agreement through the effective date of such termination. Termination of this Agreement will be without prejudice to the terminating party's other rights and remedies pursuant to this Agreement, unless otherwise expressly stated herein. (d) Return of Licensee Data. Upon termination or expiration of this Agreement, Infor shall promptly make all Licensee Data available to Licensee as a native database export provided through Infor's FTP server. In the event that Licensee requires the return of Licensee Data in an alternate format or requires any other termination assistance services, Infor and Licensee shall mutually agree upon the scope of such termination assistance services and the fees and expenses payable for such termination assistance services. (e) Survival of Obligations. All obligations relating to non-use and non -disclosure of Confidential Information, limitation of liability, and such other terms which by their nature survive termination, will survive termination or expiration of this Agreement. 9. Notices. All notices and other communications required or permitted under this Agreement must be in writing and will be deemed given when: delivered personally; sent by registered or certified mail, return receipt requested; transmitted by facsimile confirmed by first class mail; or sent by overnight courier. Notices must be sent to a party at its address shown on the signature page of this Agreement, or to such other place as the party may subsequently designate for its receipt of notices in accordance with this Section. Licensee must promptly send copies of any notice of material breach and/or termination of the Agreement to Infor, Attention: General Counsel, 40 General Warren Blvd Suite # 110, Malvern, PA 19355, USA, FAX number 678-319-8949, or to such other place as Infor may subsequently designate for its receipt of notices. 10. Force Maieure. Except with respect to the payment of fees hereunder, neither party will be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including, without limitation, Acts of God, war, terrorist acts, accident, labor disruption, acts, omissions and defaults of third parties and official, governmental and judicial action not the fault of the party failing or delaying in performance, or the threat of any of the foregoing. 11. Assignment. Licensee may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Infor, whether by operation of law or otherwise, including in connection with a change in control, merger, acquisition, consolidation, asset sale or other reorganization, and any attempt at such assignment or transfer will be void. 12. No Waiver. A party's failure to enforce its rights with respect to any single or continuing breach of this Agreement will not act as a waiver of the right of that party to later enforce any such rights or to enforce any other or any subsequent breach. 13. Choice of Law: Severabilitv. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, without application of any conflict of laws provisions thereof, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Texas, without application of any conflict of laws provisions thereof. This Agreement is originally written in the English language and the English language version shall control over any translations. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will remain in full force and effect. The United Nations Convention on the International Sale of Goods (CISG) shall not apply to the interpretation or enforcement of this Agreement. 14. LIMITATIONS OF LIABILITY. (a) LIMITED LIABILITY OF INFOR. EXCEPT WITH RESPECT TO INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, THE TOTAL LIABILITY OF INFOR, ITS AFFILIATES AND THIRD PARTY LICENSORS IN CONNECTION WITH OR RELATED TO THE SUBSCRIPTION SOFTWARE, THE SUBSCRIPTION SERVICES, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT (WHATEVER THE BASIS FOR THE CAUSE OF ACTION) WILL NOT EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE TO INFOR HEREUNDER FOR THE TWELVE-MONTH PERIOD IN WHICH SUCH LIABILITY FIRST AROSE. (b) EXCLUSION OF DAMAGES. IN NO EVENT WILL INFOR, ITS AFFILIATES OR THIRD PARTY LICENSORS Subscription License and Services Agreement (US December 2014) Page 5 of 7 BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER INFOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 15. Audit Riehts. lnfor (including any third party auditor retained by Infor) may audit the records and systems of Licensee to ensure compliance with the terms of this Agreement and each applicable Order Form. Infor will notify Licensee in writing at least ten (10) business days prior to any such audit. Any such audit will be conducted during regular business hours and will not interfere unreasonably with Licensee's business activities. Infor may audit Licensee no more than once in any twelve (12) month period. If an audit reveals that Licensee is using the Subscription Software or Subscription Services beyond the scope of the license granted herein (for example, in excess of the License Restriction), then, in addition to any other remedies available to infor, Licensee will promptly pay Infor the underpaid Subscription Fees associated therewith based on lnfor's then -current list rates, as well as any applicable late charges. 16. Compliance with Laws. Licensee will comply with all laws, rules and regulations applicable to the use of the Subscription Software and the Subscription Services including, without limitation, by not submitting any Licensee Data that is illegal, defamatory, or that infringes any third party proprietary rights. 17. Entire _ Agreement. This Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. Any purchase order or similar document, which may be issued by Licensee in connection with this Agreement, does not modify, supplement or add terms to this Agreement. No modification of this Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Agreement. This Agreement and any signed agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of digital imaging, electronic mail or a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. This Agreement and all Order Forms may be signed in counterparts. [Signature Page Follows] Subscription License and Services Agreement (US December 2014) Page 6 of 7 THE PARTIES have executed this Subscription License and Services Agreement through the signatures of their respective authorized representatives. Effective Date: October 28. 2016 Infor (US). Inc. LICENSEE: City of Corpus Christi, Texas Signature: 3fAei Printed Name: Brad Steiner Title: VP & Deputy General Counsel Address: 492 Old Connecticut Path. Suite 600 Address: Framingham. MA 01701 Signature Date:September 28. 2016 Signature: Printed Name: Title: Address: 1201 Leopard Street Address: Corpus Christi. TX 78401 Signature Date: Approved as to torm:I// Assista City Attar e For C Attorney Subscription License and Services Agreement (US December 2014) Page 7 of 7 infor SaaS Order Form This Order Form is subject to the terms of the Subscription License and Services Agreement between Infor (US), Inc. ("Infor") and City of Corpus Christi. Texas ("Licensee") with an effective date of October 28. 2016 (the "Agreement"). All terms of the Agreement are incorporated herein by reference. In the event of a conflict, the terms of this Order Form control over the terms of the Agreement. Capitalized terms not defined in this Order Form are defined in the Agreement. In the event the capitalized terms in this Order Form differ from the terminology used in the Agreement, references herein to: "Subscription Software" and "Component Systems" shall have the same meaning, refer to the computer software programs identified this Order Form and may be referred to in the Agreement as Component Systems, Products, Software Products, Subscription Software, Software, Standard Software, Programs or Licensed Programs; "Support" may be referred to in the Agreement as Support, Maintenance and Support, Annual Support, Support Services, On -Going Support or One Point Support; and "License Restriction" means any limitation on the use of the Subscription Software and may be referred to in the Agreement as License Restriction or User Restriction. I. Subscription Software PROD: Corpus Christi (CLOUD) Order Form SaaS {CPO -English -US May 2016) OP -02209096 SO13015148 1 TD Ov11 8(3012016 Page 1 of 10 Part # (if applicable) Subscription Software License Restriction* Quantity Type Support Level** 1 HAN-S-H8AMB Hansen 8 - Asset Management Bundle Subscription Includes: Hansen 8 - Asset Management for Facilities Subscription Hansen 8 - Asset Management for Transportation Subscription Hansen 8 - Asset Management for Utilities Subscription Hansen 8 - Configured Assets Subscription Hansen 8 - CDR Web Services Subscription Hansen 8 - Assets Web Services Subscription Hansen 8 - Billing Web Services Subscription Hansen 8 - Work Management Subscription Hansen 8 - Customer Service Subscription Hansen 8 - Open 3 1 1 API Subscription Hansen 8 - Microsoft Exchange Subscription Hansen 8 - Asset Valuation Subscription 60 NU CXTE 2 HAN-S-H8CDREB Hansen 8 - CDR Enhanced Bundle Subscription Includes: Hansen 8 - CDR Bundle Subscription Hansen 8 - Open 311 API Subscription Hansen 8 - Microsoft Exchange Subscription Hansen 8 - CDR Web Services Subscription Hansen 8 - Assets Web Services Subscription Hansen 8 - Billing Web Services Subscription 85 NU CXTE 3 HAN-S-H8CSB Hansen 8 - Customer Service Bundle Subscription Includes: Hansen 8 - Customer Service Subscription Hansen 8 - CaII Center Subscription Hansen 8 - Open 311 API Subscription Hansen 8 - Microsoft Exchange Subscription Hansen 8 - CDR Web Services Subscription Hansen 8 - Assets Web Services Subscription Hansen 8 - Billing Web Services Subscription 120 NU CXTE 4 HAN-S-HDYP-CDR Hansen Dynamic Portal for CDR Subscription includes: 385,000 POP CXTE Order Form SaaS {CPO -English -US May 2016) OP -02209096 SO13015148 1 TD Ov11 8(3012016 Page 1 of 10 For the purpose of the definitions below, Component System and Subscription Software may be used interchangeably. * If specified in the User Restriction field. • "ACCT" - Accounts - Quantity represents the number of billable customers, residential or commercial, which are invoiced by the Component System. • "ATRAN" = Annual Transactions - Quantity represents the number of entries processed annually by the Component System, including but not limited to such sources as bank account summaries, bank account statements, accounting reports from any interface software, excel import templates, purchase orders, sales orders and invoices, regardless of whether such entries are entered manually or electronically. • "EM" — Employee - The total number of individuals who are or have been employees of Licensee (whether employed on a full- time, part-time, seasonal or other basis) or independent contractors of Licensee (whether engaged directly or through a third party as contract workers, consultants, freelancers or other capacity). For licensing purposes, former employees and independent contractors of Licensee shall only count as Employees if their data is maintained or processed by the Component System for administrative, pension or payroll purposes. Within thirty days following each anniversary of the Order Form Date (each an "Anniversary"), Licensee will provide detail regarding the total number of Employees as of such Anniversary. lithe actual number of Employees as of an Anniversary is in excess of the specified licensed quantity of Employees as of such Anniversary, Licensee will purchase additional licenses corresponding to such excess amount. • "NU" = Named Users - Allows access to the Component System up to the stated maximum number of individual named users, irrespective as to whether any such user is actively logged on to the Component Systems at a given point in time; The Licensee agrees to assign to each Named User a unique identification profile, it being agreed that to the extent Licensee uses generic user Order Form SeaS (CPQ -English -US May 2016) OP -02209096 SOB015148_1 TD Ov11 8/3012016 Page 2 of 10 Hansen Dynamic Portal for Permits Subscription Hansen Dynamic Portal for Licensing Subscription Hansen Dynamic Portal for Planning Subscription Hansen Dynamic Portal - Use Module Subscription Hansen Dynamic Portal for Customer Service - Responsive Design Subscription 5 HAN-S-H8UBB Hansen 8 - Utility Billing Bundle Subscription Includes: Hansen 8 - CIS Billing Subscription Hansen 8 - Open 311 API Subscription Hansen 8 - Microsoft Exchange Subscription Hansen 8 - CDR Web Services Subscription Hansen 8 - Assets Web Services Subscription Hansen 8 - Billing Web Services Subscription 150,000 ACCT CXTE 6 HAN-S-HDYP-UB- RD Hansen Dynamic Portal for Util. Billing Responsive Design Subscription 110,000 ACCT CXTE 7 HAN-S-HSAWMM Hansen 8 - Water Meter Management Subscription 60 NU CXTE 8 HAN-S-H8CDRB Hansen 8 - CDR Billing Subscription 28,000 ATRAN CXTE 9 HAN-S-MOBILE- CDR Infor Field Inspector CDR Subscription 30 NU CXTE 10 S3F-S-CSPSFPRO Infor CloudSuite Public Sector Financials and Procurement Subscription 4,000 EM CXTE 11 S3F-S-GMPMOB Infor Grant Management Bundle Subscription 4,000 EM CXTE 12 S3S-S-SRM Supplier Relationship Mgmt (Strategic Sourcing, Contract Mgmt, Supplier order mgmt) Bundle Subsript 4,000 EM CXTE 13 S3S-S-MSCMSU Mobile Supply Chain Management Subscription (Single tenant) 4,000 EM CXTE 14 BPP-S-XMLTSU Design Studio Subscription 4,000 EM CXTE 15 TAM-S-CSAGHR Infor CloudSuite HCM Global Human Resources Subscription ALC 4,000 EM CXTE I6 TAM-S-CSATAM Infor CloudSuite HCM Talent Management Subscription ALC 4,000 EM CXTE 17 HRM-S-CSAPAY Infor CloudSuite HCM HRM Payroll Subscription ALC 4,000 EM CXTE 18 PMP-S-ADMN-SQL Infor CPM Administrator & Developer - SQL Subscription 2 NU CXTE 19 PMP -S -BUD -PLAN Infor CPM Budgeting & Planning Subscription 220 NU CXTE For the purpose of the definitions below, Component System and Subscription Software may be used interchangeably. * If specified in the User Restriction field. • "ACCT" - Accounts - Quantity represents the number of billable customers, residential or commercial, which are invoiced by the Component System. • "ATRAN" = Annual Transactions - Quantity represents the number of entries processed annually by the Component System, including but not limited to such sources as bank account summaries, bank account statements, accounting reports from any interface software, excel import templates, purchase orders, sales orders and invoices, regardless of whether such entries are entered manually or electronically. • "EM" — Employee - The total number of individuals who are or have been employees of Licensee (whether employed on a full- time, part-time, seasonal or other basis) or independent contractors of Licensee (whether engaged directly or through a third party as contract workers, consultants, freelancers or other capacity). For licensing purposes, former employees and independent contractors of Licensee shall only count as Employees if their data is maintained or processed by the Component System for administrative, pension or payroll purposes. Within thirty days following each anniversary of the Order Form Date (each an "Anniversary"), Licensee will provide detail regarding the total number of Employees as of such Anniversary. lithe actual number of Employees as of an Anniversary is in excess of the specified licensed quantity of Employees as of such Anniversary, Licensee will purchase additional licenses corresponding to such excess amount. • "NU" = Named Users - Allows access to the Component System up to the stated maximum number of individual named users, irrespective as to whether any such user is actively logged on to the Component Systems at a given point in time; The Licensee agrees to assign to each Named User a unique identification profile, it being agreed that to the extent Licensee uses generic user Order Form SeaS (CPQ -English -US May 2016) OP -02209096 SOB015148_1 TD Ov11 8/3012016 Page 2 of 10 profiles as a means to access the Component System, each separate log -on accessing the Component System will be counted as a separate user. • "POP" = Population - Quantity represents the maximum number of persons who reside within the jurisdiction of Licensee and an increase in population which exceeds the Quantity specified will carry additional License and Support Fees. **Support Level for Subscription Software: CXTE = Subscription Services Elite Support - During the Subscription Term, Licensee is eligible to receive the standard support which Infor makes generally available to its subscription customers, and Licensee is eligible to receive access to a Customer Success Manager. The Customer Success Manager (CSM) has a focus on the overall relationship with the Licensee. The CSM's role is not technical in nature. The CSM will interface with the Licensee's key stakeholders with strategic Infor contacts including Product Management and Development as needed. The CSM will have regular meetings with the Licensee that will include regular business and strategy meetings. The goal of these meetings is to review progress toward licensee's business goals and ensure alignment with licensee's strategic objectives. Additional information regarding deliverables of Elite Support may be found at: http://www.infor.com/support/support-plan-features/ 1I. Subscription Term and Subscription Fees Annual Subscription Fee: $755.000.00 Initial Subscription Term: Subscription Service Ready Date through 5 years from Subscription Service Ready Date. Fee for Initial Subscription Term : 53,775,000.00 Total Amount Due (before applicable taxes): $3, 775,000.00 Unless otherwise specified all amounts are in United States Dollar Currency: USD 1I1. Payment Terms: Annual Payment Terms: Licensee shall pay the Annual Subscription Fee, in advance, as invoiced by Infor. The first Annual Subscription Fee, plus applicable taxes, will be invoiced promptly upon the Subscription Service Ready Date. All other Annual Subscription Fees will be invoiced such that they are due prior to the commencement of the portion of the Subscription Term to which the Annual Subscription Fee applies. Licensee shall pay all invoices within 30 days of the date of the invoice. Licensee Account ID: 100013196 Infor GL ID: USOAB Account Executive Name: Shelly Carroll Primary -use Address: Invoice Address: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, TX 78401 USA City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, TX 78401 USA Contact Name: Belinda Mercado Contact Name: Belinda Mercado Contact Title: Contact Title: Contact Phone: 361-826-3732 Contact Phone: 361-826-3732 Contact email: bmercado@cctexas.com Contact email: bmercado@cctexas.com IV. Customized or Modified Software The Parties agree that the following terms in the Subscription License and Services Agreement are hereby modified as follows in regards to the modifications and the Services set forth herein: • Availability: Any period of unavailability which is determined to have been caused by a modification shall not be counted in the availability percentage as described in the downtime warranty. Order Form SaaS (CPO -English -US May 2016) OP -02209096 S06015148_1 TD Ov11 8/30/2016 Page 3 of 10 • Future Updates: Any future updates or upgrades of modifications are not included in the Subscription Fee and will require a separate billable engagement for updates. • Limitation of Liability: infor will not have any liability for any breach of warranty, data breach, or other breach of personal or confidential information caused or contributed to by a modification. • Data Correction: any data accuracy or integrity issue caused by a modification will require a separate billable engagement for remediation. For avoidance of doubt, any support or other services required by Licensee as a result of prior customization or modification to the products that are now licensed under this SaaS Order Form, shall be provided upon request at Infor's then -current billable rates. V. Additional Terms 1. "Subscription Service Ready Date" means the date In for informs Licensee that the Subscription Service is accessible, but not ready for use, by Licensee for the respective Subscription Software listed in this Order Form. This date is not synonymous with any Licensee launch or go -live date (date software is ready for use). 2. Exhibit 1 Service Level Description is attached to and made a part of this Order Form. 3. Exhibit 2 -The Mobile Software Supplement attached hereto and incorporated herein (the "Mobile Supplement"), sets forth additional terms and conditions applicable to Licensee's access to and use of the Mobile Software described in this Order Form. The terms of the Agreement are hereby amended by the Mobile Supplement as it relates to the Mobile Software. In the event of a conflict between the teens and conditions of the Agreement and the provisions of the Mobile Supplement, the provisions of the Mobile Supplement shall govern and control. 4. Licensee elects to terminate maintenance upon Subscription Service Ready Date for its perpetually licensed Component Systems with the same product functionality as the Subscription Software licensed herein. Licensee will receive Transitional Support on those Component Systems until the earlier of: (i) the "go live" date at which time the licensed Subscription Software will be available for beneficial production use or (ii) eighteen (18) months after the Subscription Service Ready Date, included as part of the Subscription Fee. Transitional Support is defined as phone support, incident logging and resolution, but excludes any upgrades or enhancements to the perpetual licenses. lnfor will issue a credit equal to the amount of unused, prepaid maintenance fees. The credit will be calculated from the end of the month of the Subscription Service Ready Date and will either be applied to the customer's outstanding or future invoices, or remitted back to the customer in the form of a refund, the specific method being lnfor's sole discretion. 5. Licensee's purchase of the licenses specified herein is not contingent or dependent upon the provision of any consulting services Licensee may choose to purchase from Infor contemporaneously with this Order Form or in the future. 6. No changes or modifications of any kind to this Order Form shall be accepted after execution unless signed in writing by both parties. In Addition: (1) Any purchase order or similar document (other than a mutually executed and delivered Order Form) that may be issued by the undersigned Licensee in connection with this Order Form does not modify this Order Form or the Agreement to which it pertains. No such modification will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Order Form (or as applicable, the Agreement). (2) For U.S. Government entities, the following restricted rights clause applies: This Component System is a "commercial component," as this term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "computer software documentation," as such terms are defined in 48 C.F.R. 252.227- 70I4(aXI) and 48 C.F.R. 252.227-7014(a)(5), respectively, and used in 48 C.F.R. 12.212 and 48 C.F.R. 227.2702, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this Component System only with those rights set forth in the license agreement accompanying this Component System. Use, duplication, reproduction, or transfer of this commercial software and accompanying documentation is restricted in accordance with FAR 12.212 and DFARS 227.7202 and by a license agreement. (3) By signing this Order Form, Licensee represents and warrants that it has obtained all necessary authorizations and approvals including, but not limited to, appropriation of funds and budget approval. 7. Effective date of this Order Form: October 28, 2016 (the "Order Form Date"), to be completed by Infor upon countersignature. Order Form SaaS (CPQ -English -US May 2016) OP -02209096 SQB015148 1 TD Ov11 8/30/2016 Page 4 of 10 THE PARTIES have executed this Order Form through the signatures of their respective authorized representatives. for. Infor (US), Inc. otViv Signature Brad Steiner Typed or Printed Name VP & Deputy General Counsel Title September 28, 2016 Date for: City of Corpus Christi, Texas (Licensee) Signature Typed or Printed Name Title Date Approved as to form 6e Assist City Attor ey For C Attorney Order Form SaaS (CPQ -English -US May 2016) OP -02209096 SQB015148_ 1 TD Ov11 8130/2016 Page 5 of 10 Exhibit 1 to SaaS Order Form Service Level Description Infrastructure - The services are supported by commercially reasonable redundant infrastructure including • Power infrastructure that includes redundant sources (multiple power feeds, generators, battery backups), multiple power distribution systems, and redundant power supplies; • Environmental controls that include highly available precision HVAC systems, humidity controls, and water detection systems; • Network infrastructure that includes multiple Internet Service Providers, redundant edge routers, firewalls, and switches; • Hardware and software redundancy in support of virtualized and physical servers; and • Storage solutions that provide redundant back end data storage. Infor maintains a disaster recovery site where Licensee's data is replicated on a regular basis. Technical Change Management . Infor maintains change management system to ensure review and controlled implementation of changes that Infor may make from time to time in the support of the services. Changes require both a risk analysis and a peer review before being implemented in Infor's infrastructure. Cloud Storage - Infor Subscription Software solutions include two (2) terabytes of storage at no additional charge. This storage limitation is for the Licensee's production environment only and applies to each Infor CloudSuite or Subscription Software product line, regardless of whether they are subscribed for on a single Order Form or across multiple Order Forms. Security & Privacy — Infor takes great care to protect non-public information provided to us by our customers. Infor may have access to non-public information from multiple sources that include: • Directly from use of one of Infor's hosted applications. • Directly from a customer's designated service representative or indirectly via batch data transfers. • In the course of transactional activities as information is updated or processed by an Infor hosted application, or through data maintenance activities. • Other sources as defined by one of our solutions. Infor has implemented a defense -in-depth strategy to protect non-public information. This strategy is based upon best -practices designed to comply with applicable laws and regulations and is based upon widely accepted industry standards. Our security management system is based on the following: • Security Policies: We require that all employees be responsible for the security of non-public information and follow the practices defined within the Information Security Management System. • Information Security Organization: lnfor's management is committed to security and has established an organization responsible for the security of non-public information. • Asset Management: All assets are strictly controlled and all information is classified in order to determine the appropriate controls required for access and handling. • Human Resources Security Practices: In the US, Infor conducts a comprehensive background check and screening at the time each employee is hired and requires that employees maintain familiarity and compliance with security responsibilities. When employees leave Infor, a formal process is established to remove their physical and virtual access to the Infor infrastructure. Physical and Environmental Security: Infor places critical components in physically controlled spaces with best -practices in place to secure infrastructure. Physical and environmental security measures include card and/or biometric access controls, and limited access to secure locations based on job function. • Access Control: All access to systems, networks, and applications is controlled down to the user and resource level with role -based privilege techniques. This access is reviewed on a periodic basis to ensure that a change of personnel or a change of role has not modified the access needs of the individual. • Communication and Operations Management: Infor has implemented strong operational procedures to protect information. Our controls surrounding system planning, protection from malicious code, backup processes, network security, media handling and exchange of information are constantly being analyzed and monitored to insure they provide reasonable protection for your data. Third party service providers with access to confidential information are required to adhere to security and privacy requirements Order Form SaaS (CPO -English -US May 2016) OP -02209096 SQB015148_1 TD Ov11 8130/2016 Page 6 of 10 that are consistent with and at least as restrictive as Infor's own policies and procedures regarding the protection of confidential information. • System Development: Security requirements of all applications that handle confidential information are defined early in the development stage. Appropriate data protection techniques are designed into the application while changes to developed software must go through a mature change management process. • Incident Management: In the unlikely event of an actual or reasonably suspected security incident, our teams immediately begin work to identify the scope of impact, mitigate any exposure, determine the root cause of the incident and take appropriate corrective action. • Compliance: We are constantly analyzing the requirements of legal, regulatory, and contractual obligations to ensure we are abiding by the requirements that apply to the handling of your data. Scheduled Maintenance - The services shall be subject to a regularly scheduled weekly maintenance window. Infor makes commercially reasonable efforts to establish maintenance windows during times that minimize impact to Licensee's users. While most of Infor's maintenance can be completed during regularly scheduled maintenance windows, from time to time maintenance must be performed outside of the scheduled maintenance windows to maintain the integrity and security of the services. In such cases, lnfor will provide Licensee's primary point of contact as much advance notice of the planned maintenance as is technically feasible. The regularly scheduled weekly maintenance windows and any period of unavailability due to maintenance for which Licensee is given at least 24 hours advance notice is considered "Scheduled Maintenance". Availability - Infor's goal is to provide access to the services at Infor's Internet gateway(s) twenty-four hours per day, seven days a week, except during Scheduled Maintenance. Infor's service level objective is 99.5% Availability measured on a monthly basis. Availability for the Subscription Services is measured monthly as a percentage of Scheduled Available Minutes. • "Scheduled Available Minutes" are the total minutes in a month less the number of Scheduled Maintenance minutes in the applicable month. • "Available Minutes" is the number of Scheduled Available Minutes in a month less the aggregate number of minutes the Subscription Services were unavailable outside of Scheduled Maintenance. • "Availability" is a percentage calculated as the Available Minutes in a month divided by the Scheduled Available Minutes in the month. For example, in a 30 day month with 4 weekly Scheduled Maintenance windows of 8 hours, there are 41,280 Scheduled Available Minutes ((60 min. x 24 hrs. x 30 days) -(60 min. x 8 hrs. x 4 weeks) = 41,280). If the Subscription Services experienced an outage of two hours outside of Schedule Maintenance, there were 41,160 Available Minutes in the month (41,280 Scheduled Available Minutes 120 minutes of unavailability). The resulting Availability percentage is 41,160 41,280 = 99.7%. The following shall not be considered periods of unavailability for purposes of the Availability calculation: • Outages due to factors outside of Infor's reasonable control (for example, a network or device failure at Licensee's site or between Licensee and Infor's data centers); • Delays in email or webmail transmission to or from the hosted application; • Connectivity issues outside of Infor's direct control (e.g. DNS issues); • Force Majeure events; • Outages attributable to the acts or omissions of Licensee or Licensee's employees, agents, contractors, or vendors, or anyone gaining access to the services means of UserlDs or equipment controlled by Licensee; • Periods of Down Time at Licensee's request; • Outages that result from Licensee's equipment, software, or other technology and/or third party equipment, software or other technology (other than those which are under Infor's direct control); and • Performance degradation due to Licensee's use of the services in excess of the scope of Licensee's license, usage restrictions, or product limitations outlined in the applicable Agreement. Order Form SaaS (CPQ -English -US May 2016) OP -02209096 SOB015148_1 TD Ov11 8/30/2016 Page 7 of 10 Exhibit 2 MOBILE SUPPLEMENT In connection with Licensee's license to the Mobile Software (the "Mobile Application") as specified in the Order Form to which this Mobile Supplement ("Supplement") is attached, Licensee may use certain Infor-licensed Software (the "Software") on the Mobile Application through certain Apple or Android devices. The Mobile Application may be used on either an Apple device or an Android device, as specified by Apple or Google. If Licensee elects to use the Mobile Application on an Apple device, the Mobile Application is separately distributed exclusively by Apple through the App Store pursuant to the Apple Terms of Use. If Licensee elects to use the Mobile Application on an Android device, the Mobile Application is separately distributed exclusively by Google through Google Play pursuant to the Google Terms of' Service. In order to use the Mobile Application on an Apple device, Licensee Users must separately agree to the Apple Terms of Use prior to downloading the Mobile Application, and in order to use the Mobile Application on an Android device, Licensee users must separately agree to the Google Terms of Service. If Licensee Users do not agree to these separate terms, then use of the Mobile Application will not be permitted on the respective Apple -supported or Google -supported device. At the time of download of the Mobile Application from the App Store or Google Play, as applicable, Licensee Users will be prompted to agree to either the Apple Terms of Use or the Google Terms of Service by checking a box displayed at the end of these terms or by clicking an "Agree" or similar button where this option is provided, or Licensee Users will be deemed to have accepted such terms by using the Mobile Application. Notwithstanding the foregoing, the Agreement to which this Supplement is attached is deemed amended by this Supplement with respect to the Mobile Application, as provided for below and as otherwise set forth in the Apple Terms of Use or the Google Terms of Service, as applicable. Any conflict between the terms of the Agreement and the terms of this Supplement will be resolved in favor of this Supplement. 1. Additional Definitions. "Apple" refers to Apple, Inc. and its majority-owned affiliates. "Apple Terms of Use" refers to the then -current additional terms and conditions of Apple (including the App Store Terms of Service and Apple Usage Rules set forth in the Apple App Store) and the EULA that Licensee Users must accept and agree to prior to using the Mobile Application on an Apple device. "App Store" means the electronic store branded, owned and/or controlled by Apple. "INFOR" refers to the INFOR contracting entity set forth in the Agreement, for and on behalf of itself and its subsidiaries and affiliates, including Infor (US), Inc. "EULA" means additional terms of use of INFOR applicable to the Mobile Application that Licensee Users must accept and agree to prior to use of the Mobile Application. Neither Apple nor Google is a party to the EULA. "Google" refers to Google Inc. "Google Play" means the electronic store branded, owned and/or controlled by Google. "Google Terms of Service" refers to the then -current additional terms and conditions of Google (including the Google Play Terms of Service) and the EULA that Licensee Users must accept and agree to prior to using the Mobile Application on an Android device. "Licensee Users" refers to the individuals affiliated with and authorized by Licensee to use the Mobile Application in connection with the Software, subject to the Agreement, including the applicable User Restrictions set forth in the Order Form, and to agree to the Apple Terms of Use or the Google Terms of Service, as applicable. 2. Supported Devices. The Mobile Application supports certain Apple and Android mobile devices, and data networks such as 3G, EDGE and WiFi, and enables Licensee Users to access the Software through such Apple and Android mobile devices. Notwithstanding the foregoing, INFOR shall have no obligation to offer technical support (including without limitation any wireless network connectivity support) in connection with any Apple or Android mobile device and shall have no liability with respect to the compatibility or performance of any Apple or Android mobile device in connection with the Mobile Application or the Software. 3. License. Subject to the terms and conditions of the Agreement (including any applicable User Restrictions set forth in the Order Form), and the Apple Terms of Use and the Google Terms of Service, INFOR grants Licensee a non-exclusive, non -transferable, non- sublicensable, revocable license to run the Mobile Application on designated Apple or Android mobile devices owned or controlled by Licensee, solely for Licensee Users to access the Software for Licensee's own internal computing operations. Each Licensee User may use Order Form SaaS (CPQ -English -US May 2016) OP -02209096 SQB015148 1 TD Ov11 8/30/2016 Page 8 of 10 the Mobile Application only on a Licensee -owned and controlled Apple or Android mobile device that Licensee assigns to the specified Licensee User. Licensee and Licensee Users are not permitted to use the Mobile Application for any purpose except in connection with Licensee's separate license to the Software, consistent with the INFOR-provided applicable documentation and only as permitted under the Agreement and the Apple Terms of Use and the Google Terms of Service, as applicable. 1f any Licensee User ceases to be affiliated with and otherwise authorized by Licensee 10 use the Mobile Application or Software for any reason, Licensee will immediately terminate all access by such Licensee User to the Mobile Application and the Software. INFOR may audit Licensee's use of the Software and the Mobile Application and its compliance with the terms of the Agreement and the Apple Terms of Use and the Google Terms of Service, as applicable. Any rights not expressly granted in this Supplement arc expressly reserved. 4. Intellectual Property. INFOR retains all ownership and intellectual property rights in the Mobile Application. Licensee and Licensee Users may not: (a) modify the Mobile Application; (b) provide or make the Mobile Application available to any third party; (c) use the Mobile Application to provide third party training for INFOR products; (d) assign the Agreement or the EULA or transfer the Mobile Application or any interest thereto to any other individual or entity; (d) decompile, disassemble or reverse engineer (except to the extent permitted by applicable law) the Mobile Application; (0 create derivative works based on the Mobile Application; or (g) use any INFOR name, trademark or logo. 5. Warranty. THE MOBILE APPLICATION IS LICENSED "AS IS," WITHOUT ANY WARRANTY WHATSOEVER. INFOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE MOBILE APPLICATION, IN WHOLE OR IN PART, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT. INFOR EXPLICITLY DISCLAIMS ALL WARRANTIES OF NON - INFRINGEMENT, MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. INFOR EXPRESSLY DOES NOT WARRANT THAT THE MOBILE APPLICATION, IN WHOLE OR IN PART, WILL BE ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, WILL BE COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION, OR WILL MEET LICENSEE'S OR LICENSEE USERS' REQUIREMENTS. LICENSEE AND LICENSEE USERS ASSUME ALL RISKS ASSOCIATED WITH THE USE OF THE MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, SECURITY AND USE IN A PRODUCTION ENVIRONMENT. LICENSEE AND LICENSEE USERS EXPRESSLY ACKNOWLEDGE AND AGREE THAT AVAILABILITY OF THE MOBILE APPLICATION IS SUBJECT TO APPLE'S SOLE DISCRETION AS THE OPERATOR OF THE APPLE APP STORE, AND GOOGLE'S SOLE DISCRETION AS THE OPERATOR OF THE GOOGLE PLAY STORE (AS APPLICABLE) AND INFOR RESERVES THE RIGHT TO CHANGE, SUSPEND, LIMIT, REMOVE OR DISABLE ACCESS TO THE MOBILE APPLICATION AND ITS FEATURES AND FUNCTIONS AT ANY TIME WITHOUT NOTICE. NEITHER APPLE NOR GOGGLE HAS ANY WARRANTY OBLIGATION WITH RESPECT TO THE SOFTWARE AND THE MOBILE APPLICATION. 6. Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INFOR BE LIABLE TO LICENSEE, LICENSEE USERS OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING IN CONNECTION WITH USE OR INABILITY TO USE THE MOBILE APPLICATION OR EN CONNECTION WITH 1NFOR'S PROVISION OF OR FAILURE TO PROVIDE SERVICES PERTAINING TO THE MOBILE APPLICATION, OR AS A RESULT OF ANY DEFECT IN THE MOBILE APPLICATION, OR AS A RESULT OF ANY CHANGE, SUSPENSION, REMOVAL OR DISABLING OF ACCESS TO THE MOBILE APPLICATION. THIS DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION THAT MAY BE BROUGHT AGAINST INFOR, WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION ANY ACTION FOR NEGLIGENCE, PRODUCT LIABILITY, FAILURE OF THE MOBILE APPLICATION TO CONFORM TO ANY LEGAL OR REGULATORY REQUIREMENT OR CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION. LICENSEE'S AND LICENSEE USER'S SOLE REMEDY FOR BREACH OF THIS SUPPLEMENT BY INFOR OR FOR ANY OTHER CLAIM RELATED TO THE MOBILE APPLICATION OR THIS SUPPLEMENT SHALL BE TERMINATION OF THIS SUPPLEMENT AND THE EULA. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, UNDER NO CIRCUMSTANCES SHALL INFOR AND ITS LICENSORS BE LIABLE TO LICENSEE, LICENSEE USERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES. 7. Indemnification. INFOR will defend, indemnify and hold Licensee harmless from and against any loss, cost and expense that Licensee incur because of a third party claim that use of the Mobile Application as permitted under this Agreement and the Apple Terms of Use and the Google Terms of Service (as applicable) infringes any copyright of others. INFOR's obligations under this indemnification are expressly conditioned on the following: (i) Licensee must promptly notify INFOR of any such claim; (ii) Licensee must in writing grant INFOR sole control of the defense of any such claim and of all negotiations for its settlement or compromise (if Licensee chooses to represent its own interests in any such action, Licensee may do so at its own expense, but such representation must not prejudice INFOR's right to control the defense of the claim and negotiate its settlement or compromise); (iii) Licensee must cooperate with INFOR to facilitate the settlement or defense of the claim. INFOR will not have any liability hereunder to the extent the claim arises from (a) any modification of Order Form SaaS (CPQ -English -US May 2016) OP -02209096 SQB015148 1 TD Ov11 8/30/2016 Page 9 of 10 the Mobile Application or the Software; (b) the use or combination of the Mobile Application or Software with any computer, computer platform, operating system and/or data base management system not provided or approved in writing by INFOR; (c) if the claim would have been avoided by Licensee's use of the most recent version of the Mobile Application or Software; or (d) any improper use of the Software or Mobile Application. THE FOREGOING SETS FORTH INFOR'S EXCLUSIVE OBLIGATION AND LIABILITY WITH RESPECT TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Neither Apple nor Google has any indemnity obligation for the Software or the Mobile Application. 8. Export. U.S. export control laws and other applicable export and import laws govern use of the Mobile Application. Licensee and each Licensee User each represents and warrants that: (i) it is not a citizen, national or resident of, and is not located in nor under the control of, any government or country to which the U.S. government has prohibited export, that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist- supporting country; (ii) it is not listed on any U.S. government list of prohibited or restricted parties; and (iii) it will neither export or re-export, directly or indirectly, the Mobile Application in violation of such laws, or use the Mobile Application for any purpose prohibited by such laws. 9. Support. INFOR does not offer support for the Mobile Application other than provision of updates, patches, bug fixes and new versions of the Mobile Application via the Apple App Store or Google Play, to be determined in INFOR's sole discretion. Neither Apple nor Google has any obligation to provide maintenance and support for the Mobile Application. I0. Term and Termination. INFOR may terminate the EULA and use of the Mobile Application by Licensee and Licensee Users if Licensee or any Licensee User fails to comply with any terms of this Agreement or the Apple Terms of Use or the Google Terms of Service, as applicable. As applicable, the EULA will terminate automatically upon the termination of the Agreement or upon termination of any Licensee User's affiliation with or authorized use by Licensee. Apple or Google (as applicable) and INFOR may terminate access to and/or use of the Mobile Application by Licensee and Licensee Users at any time. Upon termination of the Agreement or the Apple Terms of Use or the Google Terms of Service (as applicable), in whole or in part, Licensee and each Licensee User will discontinue further use of the Mobile Application and delete all copies of the Mobile Application on the applicable Apple or Android mobile devices. 1 1. Third Party Product License Terms. Licensee and Licensee Users will comply with applicable third party terms of any third party agreement when using the Mobile Application. 12. Miscellaneous. Licensee acknowledges and agrees that this Supplement, as subject to the Agreement, is between INFOR and Licensee, for itself and on behalf of Licensee Users, and that neither Apple nor Google is a party to the Agreement or the EULA; (b) INFOR is solely responsible for the Software, Mobile Application and the INFOR-provided content thereof; (c) Apple and Apple subsidiaries are third party beneficiaries of the Apple Terms of Use, and Google and Google subsidiaries are third party beneficiaries of the Google Terms of Service; (d) Apple has the right (and will be deemed to have accepted the right) to enforce the terms of this Supplement and the Apple Terms of Use against Licensee and Licensee Users as a third party beneficiary thereof but only if Licensee has accepted these terns and/or each Licensee User has accepted the Apple Terms of Use as outlined above, and Google has the right (and will be deemed to have accepted the right) to enforce the terms of this Supplement and the Google Terms of Service against Licensee and Licensee Users as a third party beneficiary thereof but only if Licensee has accepted these terms and/or each Licensee User has accepted the Google Terms of Service as outlined above. INFOR's failure to enforce its rights with respect to any breach of this Supplement or the EULA will not act as a waiver of the right of INFOR to later enforce any such rights or to enforce any other breach. Licensee will ensure compliance by Licensee Users and, to the extent permitted by Texas law, fully indemnify and hold harmless INFOR for any breach by Licensee Users of the terms of the Agreement and the Apple Terms of Use and the Google Terms of Service, as applicable. I3. Changes. Apple may at any time modify the Apple Terms of Use and Google may at any time modify the Google Terms of Service, and Apple and Google may each impose new or additional terms and conditions on INFOR, Licensee and Licensee Users relating to the Mobile Application. Any such changes will be effective immediately and be deemed incorporated into this Supplement and the Apple Terms of Use and the Google Terms of Service, as applicable. Continued use of the Mobile Application by Licensee and Licensee Users will constitute acceptance of these changes. INFOR is a trademark of Infor (US), Inc. or its affiliates, registered in the U.S. and other countries. All rights reserved. Apple and App Store are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google Inc. Any other trademarks identified herein are the property of their respective owners. Order Form SaaS (CPO -English -US May 2016) OP -02209096 SQB015148_1 TD Ov11 8/30/2016 Page 10 of 10 Total Cost of Ownership (TCO) - Transition to Infor Subscription Agreement September27, 2016 Current Infor Agreements Infor Hosting Fees Infor Hansen Maintenance Infor Lawson Maintenance 3rd Party maintenance (BSI Tax Factory) Estimated Cost for Upgrades on base product FY 16/17 543,840 71,239 139,200 11,922 100,000 FY 17/18 560,155 75,513 147,552 11,922 0 FY 18/19 576,960 80,044 156,405 11,922 0 FY 19/20 594,269 84,847 165,789 11,922 100,000 FY 20/21 612,097 89,938 175,737 11,922 0 Total 2,887,320 401,581 784,683 59,610 200,000 (Total Cost $866,201 $795,143 $825,331 $956,827 $889,693 $4,333,195 Proposed Infor Subscription Agreement Five Year licensing subscription BSI Tax Factory included with subscription Cost for Upgrades on base product Total Cost FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 Total 755,000 755,000 755,000 755,000 755,000 3,775,000 0 0 0 0 0 0 0 0 0 0 0 0 $755,000 $755,000 $755,000 $755,000 $755,000 $3,775,000 TOTAL SAVINGS per Fiscal Year Accumulated Savings $111,201 $40,143 $70,331 $201,827 $134,693 $558,195 $111,201 $151,344 $221,675 $423,502 $558,195 orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 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: 2016-117606 Date Filed: 09/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Infor (US), Inc. Alpharetta, GA United States 2 Name of govemmental 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. XXX Infor will be providing the City of Corpus Christi with SaaS licenses for their Infor ERP, Utility Billing and License and Permitting systems under this contract and Order Form. 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 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. s . �— SANDRA E. F --TH OF1 NcIaty Public My CORion .. r� Yr1�'4.2019 131,4 AFFIX NOTARY STAMP / SEAL Lavn,mrc.-) u..;1- (4-1.\ Sworn to and subscribed before 20 . to , to certify which, Signature of authorized agent of contracting business entity ABOVE of 111u--}° c;Chv CS. LoL.,-)ky C'\ in;CIdl .s- Y i1 me, by the said t',:r?-3_,.,, * r` tti;1tr.) t 4rsr ,�rLll r , �t this th�le :-(..„111E-0-----6 day of c--.Z'oek m I ; witness my hand and seal of office. T t �� _. 4 4 c s v ✓ t 4. `____.i 111.1Li]_t Signature of officer administering oath Printed name of officer administering oath Title of otfi er administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: TO: October 7, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager MarkVV@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Execute Master Services Agreement Packery Channel Monitoring CAPTION: Motion authorizing the City Manager, or designee, to execute a five year Master Services Agreement between the City of Corpus Christi and Texas A & M University - Corpus Christi (TAMU-CC) for Packery Channel Monitoring in an amount not to exceed $2,000,000 with approval of Task Order No. 1 in the amount of $257,745 for Fiscal Year 2016-2017 monitoring. (Year 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a Master Services Agreement with TAMU-CC to continue monitoring services of Packery Channel. BACKGROUND AND FINDINGS: Packery Channel provides an outstanding feature for our community for natural habitat, navigation and recreational opportunities. The Channel monitoring was a United States Army Corps of Engineering (USACE) Permit requirement to study the effects of tidal flow and eddy currents that cause shoaling and scour. This information is then used to determine future dredging requirements to maintain the navigable waterway. The monitoring began in 2003 with Texas A&M University - Corpus Christi (TAMU-CC) as part of the City's initiative to support research based management of this system. As a result of the monitoring, it was discovered that the anticipated dredging requirements were substantially lower than originally projected. The scour from the eddy currents and tidal flows better "flushed" the channel and changed the rate of sedimentation build-up therefore changing dredging frequency. The monitoring program consists of three seasonal investigations of the shoaling and scour in the channel and mouth to the Gulf of Mexico. The information helps the City determine the optimal time and areas to dredge to avoid early dredging and unnecessary cost. The post - dredge allows evaluating the effectiveness of the dredging. The information is also critical to navigation safety and placement of navigation aids, beach nourishment planning, structural stability assessment for coastal structures and other channel features. The contract also includes monitoring for any storm events to assist with understanding the effects on the channel, for FEMA reimbursement documentation, and sensitive habitat management at the Mollie Beattie Coastal Habitat Community. This proposed agreement will provide for the monitoring of Packery Channel for a term of five (5) years beginning in FY 2017 through FY 2022. In an effort to reduce City staff effort and overhead costs, the monitoring program will shift from a yearly contract amendment format to a 5 -year contract agreement. This will allow work to proceed without interruption. All work will be directed by Task Orders based on need and availability of funds. ALTERNATIVES: 1. Approve the Master Services Agreement with TAMU-CC as proposed. 2. Do not approve the Master Services Agreement with TAMU-CC as proposed. OTHER CONSIDERATIONS: This Master Services Agreement and Task Order No. 1 (2016-2017) was presented to the Island Strategic Action Committee (ISAC) on September 13, 2016 and was recommended for City Council consideration. CONFORMITY TO CITY POLICY: The contract and selection process complies with Professional Procurement Act, City Policy, statutes regarding Fiscal Year 2016-2017 Capital Improvement Budget, and conforms to the appropriation and use requirements of ISAC and the Tax Increment Reinvestment Zone (TIRZ) No. 2. This item requires a 2/3 vote as per Charter requirements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Line Item Budget $510,000.00 $1,020,000.00 $1,530,000.00 Encumbered / Expended Amount Task Order No. 1 257,745.00 257,745.00 Future Expenditures 32,218.13 1,020,000.00 1,052,218.13 BALANCE $220,036.88 $0.00 $220,036.88 Fund(s): Packery Channel Projects TIF #2 COMMENTS: Within this authorization, as with previous authorizations, is the ability to issue a task order for an event study to survey system damage and recommend system recovery strategies after a major storm event. RECOMMENDATION: City staff recommends the approval the Master Services Agreement for Professional Monitoring be awarded to TAMU-CC. LIST OF SUPPORTING DOCUMENTS: Contract Project Budget Location Map Presentation PROJECT BUDGET Packery Channel Monitoring 2016-2017 YEAR ONE PROJECT FUNDS AVAILABLE: Packery Channel (Tax Increment Finance District) FY 2017 $ 510,000 PROJECT FUNDS REQUIRED: Professional Services Fees: * Master Service Agreement Task Order No. 1 (Texas A & M - CC) $ 257,745 Post Storm Event Engineering Support (If Necessary) 75,886 Reimbursements: Total Reimbursements. 13,250 Administration/Finance (Capital Programs/Capital Budget/Finance) (1.%) 5,100 Engineering Services (Project Mgmt) (1.5%) 7,650 Misc 500 TOTAL $ 346,881 ESTIMATED PROJECT BUDGET BALANCE $ 163,119 *Contract value for services to be performed in FY2016-2017 indicated above. Total Contract Maximum Value is $2,000,000 with services to be performed performed annually for a period of five years. Project Location LOCATION MAP NOT TO SCALE N Packery Channel Monitoring Contract 2016-2017 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARMENT OF ENGINEERING SERVICES PAGE 1OF1 CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is between 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 and Texas A & M University — Corpus Christi, a Texas public University, 6300 Ocean Drive, Corpus Christi, Texas (TAMU-CC). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 2 ARTICLE III TERM; RENEWALS; TIMES FOR RENDERING SERVICE 3 ARTICLE IV TERMINATION OF AGREEMENT 3 ARTICLE V RIGHT OF REVIEW AND AUDIT 4 ARTICLE VI OWNER REMEDIES 5 ARTICLE VII TAMU-CC REMEDIES 5 ARTICLE VIII CLAIMS AND DISPUTE RESOLUTION 5 ARTICLE IX MISCELLANEOUS PROVISIONS 6 ARTICLE X INSURANCE REQUIREMENTS 9 EXHIBITS Page 1 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017WASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and TAMU-CC agree will be performed under the terms and conditions of this Agreement. Each task TAMU-CC performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and TAMU-CC. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The TAMU-CC shall provide its Scope of Services, to be included in each Task Order. 1.3 Under this Agreement, TAMU-CC will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 TAMU-CC must comply with City standards, as specified in the UDC or Code of Ordinances, as applicable, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Task Order. 1.5 TAMU-CC must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 TAMU-CC must use reasonable efforts to provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by TAMU-CC to perform work pursuant to this Agreement shall be employees or sub- consultants/subcontractors of TAMU-CC. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $2,000,000.00. 2.2 The TAMU-CC's fee for each Task Order will be on a lump sum basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order. 2.3 TAMU-CC shall submit a proposal to the City, which shall be incorporated into this Agreement as Exhibit B, subject to approval by the City. 2.4 TAMU-CC shall submit a Rate Schedule, shown in Exhibit B-1, with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 2.5 Monthly invoices will be submitted in accordance with the Payment Request (Exhibit C) 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $2,000,000.00 Page 2 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX Task 1 — Packery Channel Monitoring Program - Year One $257,745.00 Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 All services shall be performed and the applicable standard of professional care set forth herein. 2.8 In the event of any dispute(s) between the parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, TAMU-CC shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. ARTICLE III — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 3.1 This Agreement shall be effective upon the signature of the City Manager or designee and an authorized representative of TAMU-CC. 3.2 This Agreement will remain in effect for a period of five years and shall be applicable to Task Orders issued hereunder from the Effective Date of the Agreement until each project under such a Task Order is complete. 3.3 The parties may extend or renew this Agreement, with or without changes, by written instrument signed by authorized representatives of both parties establishing a new term. 3.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, TAMU-CC will perform services and provide deliverables within a reasonable time. ARTICLE IV - TERMINATION OF AGREEMENT 4.1 By TAMU-CC: 4.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. TAMU-CC may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 4.1.2 TAMU-CC may terminate this Agreement for convenience upon seven days written notice to the City at the address of record. 4.1.3 TAMU-CC must follow the Termination Procedure outlined in this Agreement. 4.2 By City: 4.2.1 The City may terminate this Agreement for convenience upon seven days written notice to TAMU- CC at the address of record. 4.2.2 The City may terminate this Agreement for cause upon ten days written notice to TAMU-CC. If TAMU-CC 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. If TAMU-CC again fails Page 3 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX to perform under this Agreement, the City may terminate the Agreement for cause upon seven days written notice to TAMU-CC with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by TAMU-CC for up to two years. 4.3 Termination Procedure 4.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or TAMU-CC takes action to cure a failure to perform under the cure period, TAMU-CC shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless TAMU-CC has successfully cured a failure to perform, TAMU-CC shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 4.3.2 TAMU-CC shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 4.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, City shall reimburse TAMU-CC for all costs and non -cancellable commitments incurred in the performance of the work under this Agreement up to the date of termination, such reimbursement not to exceed the total amount specified in the terminated Task Order. There will be no compensation for anticipated profits on services not completed. 4.3.4 TAMU-CC acknowledges that City is a public entity and has a duty to document the expenditure of public funds and TAMU-CC shall reasonably cooperate with City's efforts to comply with such duty. ARTICLE V — RIGHT OF REVIEW AND AUDIT 5.1 TAMU-CC grants City, or its designees, the right to audit, examine or inspect, at City's election, all of TAMU-CC's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. TAMU-CC agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 5.2 "TAMU-CC's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 5.3 City agrees that it shall exercise the right to audit, examine or inspect TAMU-CC's records only during TAMU-CC's regular business hours. TAMU-CC agrees to allow City's designee access, upon reasonable advance written notice, to all of TAMU-CC's records deemed reasonably necessary by City or its designee(s), to perform such audit, inspection or examination. TAMU-CC also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. Page 4 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX 5.4 TAMU-CC shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE VI — OWNER REMEDIES 6.1 The City and TAMU-CC agree that in the event the City suffers actual damages as a result of material breach of this Agreement by TAMU-CC, the City may elect to pursue its actual damages and any other remedy allowed by law. ARTICLE VII — TAMU-CC REMEDIES 7.1 If TAMU-CC is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond TAMU-CC's reasonable control, then the City shall excuse the failure for the duration of the event and for such a time as is reasonable to enable TAMU-CC to resume performance under this Agreement. 7.2 If TAMU-CC requests a remedy for a condition not specified above, TAMU-CC must file a Claim as provided in this Agreement. ARTICLE VIII — CLAIMS AND DISPUTE RESOLUTION 8.1 Filing of Claims 8.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 8.1.2 Every Claim of TAMU-CC, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the TAMU-CC by his/her signature, verifying the truth and accuracy of the Claim. 8.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 8.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to TAMU-CC. If TAMU-CC is not satisfied with the proposal presented, TAMU-CC will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 8.2 Alternative Dispute Resolution 8.2.1 All negotiations pursuant to this clause are confidential to the extent allowed by law and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 8.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a party delivers a written notice of such dispute, then, subject to Section 8.3, the parties shall proceed with the mediation ADR process contained herein. Page 5 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS1E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX 8.2.3 Mediation 8.2.3.1 In the event that City or TAMU-CC shall contend that the other has committed a material breach of this Agreement, the party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 8.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 8.2.3.3 In the event City and TAMU-CC are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 8.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 8.3 City shall use the dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General to attempt to resolve any claim for breach of contract made by City that cannot be resolved in the ordinary course of business. City shall submit written notice of a claim of breach of contract to TAMU-CC's designated official, who will examine City's claim and any counterclaim and negotiate with City in an effort to resolve the claim. 8.4 TAMU-CC and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute in this Agreement. 8.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE EITHER PARTY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE IX — MISCELLANEOUS PROVISIONS 9.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9.2 Assignability. TAMU-CC will not assign, transfer or delegate any of its obligations or duties in this Agreement to any other person without the prior written consent of the City, except for routine duties delegated to personnel of TAMU-CC staff. If TAMU-CC 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 TAMU-CC fee may be assigned in advance of receipt by TAMU- CC without written consent of the City. The City will not pay the fees of expert or technical assistance and TAMU-CCs unless such employment, including the rate of compensation, has been approved in writing by the City. Page 6 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX 9.3 Ownership of Intellectual Property. 9.3.1 "Intellectual Property" means know-how, copyrights, patents, trade secrets, ideas, thoughts, concepts, processes, techniques, data, development tools, models, drawings, specifications, prototypes, inventions, software, and other intellectual property. 9.3.2 "Project IP" means all Intellectual Property that is authored or conceived and reduced to practice in the performance of a Task Order. 9.3.3 Ownership of Project IP will be as follows: 9.3.3.1 Title to any Project IP made or conceived solely by TAMU-CC personnel vests in TAMU-CC. 9.3.3.2 Title to any Project IP made or conceived solely by City personnel vests in City. 9.3.3.3 Title to any Project IP made or conceived jointly by personnel of both TAMUC-CC and City ("Joint IP") vests jointly in TAMU-CC and City. 9.3.4 In the absence of a written agreement to the contrary, TAMU-CC and City will be independent owners of any corresponding patent rights in any Joint IP under 35 USC §262 with no obligation of accounting to one another. 9.3.5 TAMU-CC grants City an irrevocable, royalty -free, non -transferable, nonexclusive right and license to use, reproduce, display, perform and otherwise practice without restriction any copyrightable materials (technical data, reports, etc.) delivered by TAMU-CC under a Task Order. 9.3.6 Nothing in this Agreement grants either party any rights to any of the other party's Intellectual Property that is not Project IP. 9.4 Disclaimer of Warranties. TAMU-CC makes no warranties, express or implied, as to any matter, including, without limitation, warranties as to the conduct, completion, success or particular results of the Project, or the condition, ownership, merchantability, or fitness for a particular purpose of the Project results or any Project IP or that the use of any Project IP or Project results will not infringe any intellectual property right of a third party. 9.5 Licensing. TAMU-CC shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 9.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and TAMU-CC 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 TAMU-CC. 9.7 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 lies exclusively in Nueces County, Texas. 9.8 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 7 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-20171MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC. DOCX 9.9 Conflict Resolution Between Documents. TAMU-CC hereby agrees and acknowledges if anything contained in TAMU-CC-prepared Exhibit A, Scope of Services or in any other document prepared by TAMU-CC and included herein, is in conflict with the terms of this Agreement and/or an approved Task Order, this Agreement and/or the Task Order shall take precedence and control to resolve said conflict. ARTICLE X — INSURANCE REQUIREMENTS 10.1 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. 10.2 Insurance Requirements are shown in EXHIBIT D. CITY OF CORPUS CHRISTI TEXAS A&M -CORPUS CHRISTI /0- /2 - /6 J.H. Edmonds, P. E. (Date) L - - A. Cifuentes (Date) Director of Engineering Services e President Division of Research, ommercialization and Outreach 6300 Ocean Drive, Unit 5843 Corpus Christi, TX 78412-5843 (361) 825-3881 (361) 825-3920 luis.cifuentes@tamucc.edu RECOMMENDED Operating Department (Date) APPROVED Office of Management (Date) and Budget APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 8 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX Project No. E16336 Accounting Unit: 3278-717 Account: 550950 Activity: E16336013278EXP Account Category: 50950 Fund Source Name: Packery Channel TIF#2 Encumbrance No. Page 9 Rev. 8/16 K:\ENGINEERING DATAEXCHANGE\CLARISSAJ\PARKS\E16336 - MSA PACKERY CHANNEL MONITORING 2016-2017\MASTER SERVICES AGREEMENT W TAMUCC\MASTER SERVICES AGREEMENT W TAMU-CC.DOCX EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (TAMU-CC) dated , 2016 (Agreement). TAMU-CC shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved and TAMU-CC may proceed. remain in full force and effect. CITY OF CORPUS CHRISTI J.H. Edmonds, P. E. (Date) Director of Engineering Services RECOMMENDED Operating Department (Date) All other terms and conditions of the Agreement TEXAS A&M — CORPUS CHRISTI Luis A. Cifuentes (Date) Vice President Division of Research, Commercialization and Outreach 6300 Ocean Drive, Unit 5843 Corpus Christi, TX 78412-5843 (361) 825-3881 (361) 825-3920 luis.cifuentes@tamucc.edu Master Services Agreement TAMUCC-CBI Packery Channel Monitoring Program Proposed Effort Year 1 of 5 Summary and Cost Estimate September 2, 2016 Submitted to: The City of Corpus Christi Submitted by: Deidre D. Williams The Conrad Blucher Institute for Surveying and Science Packery Channel Monitoring Program Purpose To continue to support the City of Corpus Christi's vested interest in the inlet, beach (Mustang and North Padre Island), and sensitive habitat that comprise the Packery Channel System. This program supports the City of Corpus Christi's pro -active approach to research -based management of this system. The monitoring program consists of three (3) monitoring events to document the seasonal changes in shoaling and scour in the channel as well as erosion/accretion and shoreline recession/advance along the adjacent beaches. This information is then applied to guide the City in planning toward management of cyclic dredging and beach nourishment. Each year the following surveys will be conducted: 1. Winter Seasonal Survey (Feb/Mar) Documents seasonal period of reduction in shoaling and channel recovery Corresponds to completion of Maintenance Dredge 2. Annual ( Summer) Survey and Assessment of Performance (Sept/Oct) Documents spring/summer shoal building in Entrance Channel Corresponds to completion of channel construction 3. Spring Transition Survey (Jul) Documents peak period of channel shoaling The seasonal surveys provide information toward guidance as related to the following management concerns: • Pre and post-dredge/nourishment monitoring (Post -surveys in progress) • Future dredge planning and support (In progress) • Navigation safety and placement of aids to navigation (As needed) • Beach nourishment planning and support (In progress) • Maintain beach monitoring program in order to qualify for CEPRA funding (Ongoing) • Sensitive habitat management at the Mollie Beattie Coastal Habitat Community (MBCHC) (Annual) Exhibit B Page 1 of 4 TAMUCC-CBI • Maintain beach monitoring program in order to quality for FEMA reimbursement documentation of status and active monitoring program (Annual) • Data acquisition made available for application to structural stability assessment of coastal structures: jetties, revetment, bridge reinforcement (Ongoing) • Public awareness and community education/outreach (Ongoing) • Support and collaboration on vicinity coastal projects and concerns (As needed) Focus of Monitoring Year 2016/2017 • Assessment of rate of shoaling and guidance of dredge planning or deferment based on seasonal surveys (Dredge anticipated in 2018-2019) • Assessment of accretion adjacent to inlet as related to sediment transport into the channel mouth • Identification of navigation hazards and unanticipated shoaling and scour in newly identified areas • Assessment of erosion of beach fronting the NPI Seawall and coordination with dredging schedule for re -nourishment Background • Monitoring began in August 2003, prior to construction (originally funded by Galveston District, USACE and the Coastal Hydraulics Laboratory, Coastal Inlets Research Program). • Inlet opened during Hurricane Emily (July 2005), one year prior to completion of construction (October 2006). • Sponsorship of monitoring transferred to the City of Corpus Christi (2008 to present). • Limited dredge in Deposition Basin at ramp to facilitate boat entry (Jan 2010). • Notice to Mariners issued regarding elevation of Entrance Shoal (Sep 2010). • Dredge (#1) of channel from Deposition Basin to Entrance Channel to within 550 ft of the channel mouth (completed March 2012). Total pay volume was 190,757 cu yd (HDR). Completion of dredge was deferred to Winter 2012/2013. • Dredge (#2) of Inner Entrance Channel and Entrance Channel completed to within 550 ft of channel mouth (completed March 2013). Total volume was z 48,757 cu yd. Remaining 550 ft of Entrance Channel shoal was not removed. • Notice to Mariners issued regarding elevation of Entrance Channel Shoal (Jul 2014). • No peak in shoaling identified and limited potential for navigation interruption in primary channel from Nov 2014 to Jul 2016. Ongoing Contribution of Program • Program supports pro -active system management by the City of Corpus Christi and functions as established monitoring program as applied to submissions for FEMA and CEPRA support. • Analysis has supported decision to defer dredging, originally predicted at an interval of every two -three years, to five years from channel completion. • Analysis has identified need (shoaling) for placement of aids to navigation. Exhibit B Page 2 of 4 TAMUCC-CBI • Seasonal survey data identified need for initiation of Notice to Mariners during September 2010 and July 2014 due to shoaling and potential of limited navigation at the channel mouth. • Data and analysis applied to request FEMA reimbursement after Hurricane Ike. • Data and analysis document measured seasonal condition of shoaling (as opposed visual interpretation often reported by community). • Data and analysis applied to assess maintenance post-Dredge#1 (Phase 1) 2011/2012 condition for recommendation of post -maintenance Dredge#1 (Phase 2) (2012/2013). • Monitoring of nourishment fronting seawall for vehicular access concerns and bollard placement. • Analysis and guidance to support alternative dredge/nourishment funding sources such as CEPRA grants initiating in 2015. • Two proposals for grants for supplementary funding toward surveys were submitted during 2015 and 2016 (RESTORE) Benefits of Seasonal Surveys to InletBeach Management • Monitor persistence of bypass bar and increased nearshore shoaling near channel mouth as related to potential ebb shoal formation. • Quantify post -dredge channel shoaling and scour and identify changes in trends. • Quantify change in post -nourishment beach width and volume along seawall in preparation for re -nourishment • Seasonal monitoring of shoaling allows for adequate warning of navigation limitation and supports emergency dredge implementation or placement of navigation aids. • Beach profile and shoreline surveys continue to track changes in beach width for planning beach nourishment and/or restriction of vehicular access. • Inland channel surveys track changes in bank expansion that could impact protected habitat, residential property, and Nueces County Park boundaries. Monitoring Program Tasks The proposed effort will provide for the monitoring of Packery Channel commencing in 2016/2017 through 2021/2022 (5 Years). In an effort to reduce City staff effort and to reduce overhead costs the monitoring program will shift from annual amendment format to a 5 -year contract mechanism. This will allow work to proceed without interruption. The Monitoring Task (Task 1) is divided into five (5) sub -tasks which include the now standard seasonal surveys as well as an event category that allows for unanticipated survey needs such as post -storm and other surveys/assessments that are related to the Packery Channel system and surrounding area as directed by City staff. The Tasks that are outlined below follow the successful monitoring program implemented from 2008 to 2016. Each survey is conducted at the end of each season to best represent the maximum change in sediment transport. This provides for documentation of peak periods of erosion/accretion (beach) and shoaling/scour (channel). The estimated budgetcosts for Exhibit B Page 3 of 4 TAMUCC-CBI Year 1 represent a streamlined cost that was adjusted based on the request of both the ISAC and City Council during 2015. Task 1. Seasonal and Event Monitoring • Winter Seasonal Survey (Feb/Mar) Estimated Cost Year 1: $ $94,516 • Spring Survey (Jun/Jul)) Estimated Cost Year 1: $58,627 • Summer Survey (Sep/Oct) Estimated Cost Year 1: $104,602 • Event (Post -Storm, engineering support) Estimated Maximum Cost YEAR: $ 75,886 - Post -Storm Survey Assessments - Engineering support surveys (dredge, canal development) - Additional surveys as directed by City of Corpus Christi Estimated Cost Task 1 (Winter, Spring and Summer Seasonal Surveys): $257,745 Estimated Total Project Cost (Task 1 + Event Activities): $ 333,631 Exhibit B Page 4 of 4 EXHIBIT B-1 CONFIDENTIAL RATE SCHEDULE Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Manager: CAD Technician: Clerical: Other — specify: SUBCONSULTANTS(S): (firm) Principal(s): Project Manager CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Master Services 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% EXHIBIT D Insurance Requirements Geotechnical and Construction Materials Testing 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 (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 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 If claims made policy, retro date must be prior to inception of agreement, have 1 Rev 07/16 Exhibit D Page 1 of 3 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 Tess 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 List the City and its officers, officials, employees 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; 1.6.2 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; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of 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. 2 Rev 07/16 Exhibit D Page 2 of 3 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. 3 Rev 07/16 Exhibit D Page 3 of 3 Corpus Cfir°sti Engineering Packery Channel Monitoring Council Presentation October 18, 2016 Project Scope 11) Corpus chr sti Engineering • Project has saved the City an estimated $5M in avoided costs since 2010 by not dredging on a regular schedule but only when required based on survey and analysis • Three seasonal investigations of shoaling and scour in the channel and Gulf of Mexico • Monitor changes in the width/depth of the inland channel segment and beach width/volume Project Schedule 0114911) Corpus chr sti Engineering O N DI JIFIMIAIMIJIJIAISI 7 Packery Channel Monitoring Project Estimate: 365 Calendar Days 12 Months Projected Schedule reflects City Council award in October with anticipated completion in September 2017. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: TO: September 28, 2016 Margie C. Rose, 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: 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 Padre Island Water and Gas Pipeline Extension Phase 3 CAPTION: Motion authorizing the City Manager, or designee, to execute an engineering design contract with Urban Engineering of Corpus Christi, Texas in the amount of $197,833 for the Padre Island Water and Gas Pipeline Extension Phase 3 for design, bid and construction phase services. PURPOSE: The purpose of this Agenda Item is to execute an engineering design contract for the Padre Island Water and Gas Pipeline Extension Phase 3. CIP DESCRIPTION: Padre Island Water and Gas Pipeline Extension Phase 3 This project provides for the final section to extend the 18 -inch water transmission main, 8 -inch gas pipeline and 4 -inch MIS conduit on Padre Island from approximately Aquarius to the Sand Dollar Pumping Station. BACKGROUND AND FINDINGS: This is Phase 3 of the project to extend the water transmission line, natural gas transmission line and Municipal Information Systems (MIS) conduit on Padre Island from approximately Aquarius to the Sand Dollar Water Pump Station. The water line is a redundant 18 -inch transmission main to ensure uninterrupted service for line maintenance. The 8 -inch gas line extension provides a new service for a future Natural Gas Station. The 4 -inch MIS conduit provides new service to the area. These new utility services are critical to meet the current and future demands for Padre Island and surrounding communities. Currently, water service is a single transmission line and water services must be shut down for maintenance or repairs. The second transmission line allows better reliability and reduced maintenance and repair costs. Currently, the City provides natural gas service to the Padre Island community through a third party pipeline. This new gas line will provide a more reliable and cost effective solution, replacing the need for third party service. Previous Phases 1 and 2 to extend utility services from Laguna Shores Road to Aquarius Drive on Padre Island are complete. Phase 1 provided the extension across the Laguna Madre from Laguna Shores to the JFK Landing. Phase 2 extended the lines from the Landing to Aquarius Street. These projects were initially identified as separate projects for water and gas but were combined to streamline the projects with cost savings and less impact to wetlands and adjacent roads, services, etc. The City had planned to build a future natural gas station at the terminus of Aquarius Street, but was unable to purchase the required land. Phase 3 wok will now extend both lines to city -owned land at the Sand Dollar Pump Station site. This item is for the engineering and design services required and is based on Time and Materials for actual cost incurred by the Engineer. The Engineer will submit monthly invoices with required documentation demonstrating the time and cost incurred. Urban Engineering is the Engineer selected for the project under Request for Qualifications No. 2016-01. Urban also successfully performed the design for both previous phases. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: This is a Time & Materials contract. The Consultant Engineer shall submit monthly invoice which includes brief descriptions for daily job-related activities, daily man hours and rates for each project member spent on each project phase. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 vote as per Charter requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget (Gas CIP) $843,769 $843,769 Line Item Budget (Water CIP) $1,292,218 $1,000,000 $2,292,218 TOTAL BUDGET $2,135,987 $1,000,000 $3,135,987 Encumbered / Expended Amount This Item $197,833 $197,833 Future Anticipated Expenditures This Project $1,938,154 $580,652 $2,518,806 BALANCE $0 $419,348 $419,348 Fund(s): Gas CIP #3 & Water CIP #23 Comments: This contract will result in an expenditure not to exceed $197,833. RECOMMENDATION: City Staff recommends approval of the engineering design contract with Urban Engineering of Corpus Christi, Texas in the amount of $197,833 for the Padre Island Water and Gas Pipeline Extension Phase 3 for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET Padre Island Water and Gas Pipeline Extension Phase 3 FUNDS AVAILABLE: Gas CIP $ 843,769 Water CIP 2,292,218 TOTAL FUNDS AVAILABLE $ 3,135,987 FUNDS REQUIRED: Construction: Construction Estimate (TBD) 2,090,733 Contingency (10%) 209,073 Construction Observation and Testing: Construction Observation Estimate (TBD) 60,000 Construction Materials Testing Estimate (TBD) 20,000 Design: Engineer (Urban Engineering) THIS CONTRACT 197,833 Reimbursements: Total Reimbursements 139,000 Administration/Finance (Engineering/Capital Budget/Finance) 54,000 Engineering Services (Project Mgmt) 80,000 Misc 5,000 TOTAL FUNDS REQUIRED $ 2,716,639 ESTIMATED PROJECT BUDGET BALANCE $ 419,348 TEXAS A&M UNIVERSITY CORPUS CHRISTI SCALE: N.T.S. AERIAL FLOWN 2014 FLOUR BLUFF PADRE ISLAND WASTER AND GAS PIPELINE EXTENSION LAGUNA MADRE GULF OF MEXICO PR JECT NUMBER: E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION VICINITY MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT E16325 Padre Island Water and Gas Pipeline Extension Phase 3 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) and Urban Engineering, a Texas company, 2725 Swantner, Corpus Christi, Nueces County, Texas 78404, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Page 2 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $197,833. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). /1,.2Thic service shall be for a period of years bcginning on the Effcctivc Datc. The Agrccmcnt may be renewed for up to one year renewal-eptionc upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms an -€1 -mss, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC ARTICLE V - OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The -9P6 -r ttrst-be-valued✓-and/or-updated-wit i -each del+ver-able—tf--eonstruet a de seed-tk QP -C; the Corrstrltant-wilt-redesign-the-project to be-consistent-with--the-E}PC at rro-ackfitiorral cost -to Cita-------- ARTICLE VI - INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required 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. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII - INDEMNIFICATION 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. Page 5 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page 8 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any Page 9 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals 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. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. 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; 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.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. 13.8 Conflict of Interest. Consultant agrees, 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://www.cctexas.com/govern ment/city-secretary/conflict-disclosure/index. 13.9 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 lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 10 Rev. 07/16 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E16325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH 3\CONTRACT\CONTRACT NEW.DOC 13.11 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. CITY OF CORPUS CHRISTI URBAN ENGINEERING J.H. Edmonds, P. E. Date Jam : Urb P.E- Director of Engineering Services 2725 Swantner Corpus Christi, TX 78404 (361) 854-3101 Office (361) 854-6001 Fax RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date I. }O. Dir6 Date Project Name Padre Island Water & Gas Pipeline Extension Phase 3 Project Number E16325 Total contract amount for $197,833 Accounting Unit 4093-041 Account 550950 Activity E16325 -01 -4093 -EXP Account Category 50950 Fund Name Water 2013 RVBD for $128,592 Accouting Unit 4559-022 Account 550950 Activity E16325 -01 -4559 -EXP Account Category 50950 Fund Name Gas 2015 CIP for $69,241 Page 11 Rev 07/16 IVENGINEERING DATAEXCHANGEUENNIFERIWATER1E18325 PADRE ISLAND WATER AND GAS PIPELINE EXTENSION PH YCONTRACTICONTRACT NEW DOC LEURBAN ENGINEERING September 26, 2016 Jeff Edmonds, P.E. Director of Engineer Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Job No.: 33760.B5.02 TRANSMITTED VIA EMAIL. Subject: RFQ No. 2016-01: Padre Island Water and Gas Pim line Extension (Phase 3) Dear Jeff, We are pleased to submit to your attention, our fee proposal for the above subject City project. The fee proposal is for professional services to design, bid and administer the construction of an extension to the 18 -inch water transmission main, 8 -inch gas line and 4 -inch MIS conduit, from the termination point of the Padre Island Water Supply project, west of Aquarius Street to the Sand Dollar Pumping Plant, as shown on the attached Exhibit. The proposed 3,625 -ft pipeline extension includes 3,425 -ft of pipe installed by conventional trenching and 200 ft installed by jacking and boring under Park Road 22. We propose the following scope of services to prepare plans and specifications (contract documents) for design, bidding and construction administration of the proposed water line, gas line and MIS conduit improvements; I. SCOPE OF SERVICES: BASIC SERVICES Design Phase Services a. Attend (1) one kickoff meeting. b. Provide Project Management services to ensure that the project deliverables that are provided meet the stake holder's requirements. c. Review, study, and verify all applicable comments and recommendations from the Padre Island Water Supply project (E10172) and incorporate into the new waterlgaslMlS project contract documents. d. Prepare construction contract documents (plans and specifications) for the 18 -Inch Water Transmission Main, 8 -inch gas line and 4 -Inch MIS Conduit to Sand Dollar Pumping Plant_ These plans and specifications will follow the City of Corpus Christi format as follows: e. Prepare one (1) set of 60% and one (1) set of 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 bidding, 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. Bid packages will also be provided electronically in PDF and CAD formats. Said t'h S i 39'---310 L :725 SWANTNER Gki . E CORPUS CHRiST[, TEXAS 78404 FAX ,:3O1)854-400 www.urbaneng.cam TBPE Firm 11145 TBPLS Firm #10032400 EXHIBIT A Page 1 of 5 bid documents henceforth become the sole property and ownership of the City of Corpus Christi. f. Prepare a 60% Opinion of Probable Construction Cost Estimate (OPCC) g. Following the City's review of the 60% submittal package, the NE will assimilate all review comments and make the appropriate modifications and additions/deletions to the 100% bid package and prepare a 100% OPCC. 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. h. Attend two (2) 60% complete design meetings (pre and post submission) to review the contract and bidding documents. Attend two (2) 100% complete design meetings (pre and post submission) to review the contract and bidding documents. i. Provide typical traffic control plans and standard traffic control measures for the various construction applications that can be reasonably anticipated. Include bid items for signage, illumination, markings and striping, and signalization. The City Traffic Engineering Department will have final authority on the appropriate traffic control set-ups. j. Prepare a storm water pollution prevention plan (SWPPP) for the project and include it in the bid package. k. Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the 60%, and 100% complete plans, specifications and bid documents accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. Bid Phase Services The NE will provide the following bid phase services: a. Assist the City with Bid Advertisement b. Attend a Pre -Bid Meeting c. Assist the City in Soliciting Bids d. Review and prepare responses to requests for information (RFI's) during the bid phase e. Prepare addenda as needed for the project execution f. Attend the Bid Opening g. 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 a pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements that impact the project. b. Review shop and working drawings, materials and other submittals for conformance to contract documents. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular monthly 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. Page 2 of 5 EXHIBIT A Page 2 of 6 f. Attend construction progress meetings with City staff (assumed two meetings over the duration of normal the construction phase) g. Prepare change orders as authorized by the City (coordinate with the City's construction division). h. Make final inspection with City staff, develop punch list items, and provide the City with a Certificate of Completion for the project. i. Prepare Record Drawings, provide QA/QC of project closeout and final submission of project deliverables to the City. ADDITIONAL SERVICES U.S. Armv Corps of Engineers Nation Wide Permit A/E will conduct a wetland delineation/inspection of the proposed work areas and work corridor for the 18 -inch water transmission main, 8 -inch gas line and 4 -inch MIS conduit, coordinate with the USACE, prepare a Nation Wide Permit application and assist in pursuit of USACE authorization for the impacts associated with the 18 -inch water line, 8 -inch gas line and 4 -inch MIS Conduit extension. The following tasks will be performed; a. Wetland Delineation: A/E will review existing site information and conduct wetland delineation within the proposed work corridor in accordance with the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual and Regional Supplement. If no potential waters of the U.S. or wetlands are identified within the work corridor, NE will develop a letter of findings and submit to the Owner. If potential waters of the US or wetlands are identified within the work corridor, A/E will develop a wetland delineation report and provide a draft of the report to the Owner for review and comment. After receiving approval from City, NE will submit the delineation report to USACE with a request for a Preliminary Jurisdictional Determination (PJD) or Approved Jurisdictional Determination (AJD). A/E will coordinate with USACE in attempt to attain a PJD or verified delineation (AJD). This task includes one site visit with USACE and responding to minor questions and requests for additional information. Additional fees may be required if significant requests for additional field work or information are made. b. Pre -construction Notification (PCN): NE will prepare a Pre -construction Notification (PCN) for a USACE Nationwide Permit for installation of the waterline and MIS conduit and submit the PCN to USACE with a request for concurrence. NE will coordinate with USACE in attempt to obtain concurrence from USACE that the project is eligible for authorization under the Nationwide Permit. If USACE determines that the projects are not eligible for use under a Nationwide Permit, additional fees may be required to pursue an Individual Permit (IP). Once the construction is complete the A/E will carry out a post construction survey as required by the USACE permit. Post Construction Survey: A/E will conduct a post -construction survey and prepare a letter report for the OWNER's review and comment. After receiving approval from the owner, NE will submit the post -construction survey Page 3 at 5 EXHIBIT A Page 3 of 5 letter report to the USACE. AIE will coordinate with the USACE in an attempt to attain approval of the survey. The post -construction letter report will include; 1) description of the physical habitat in the project area, both prior to and after construction, 2) a description of re -vegetated types and trends, 3) vegetation/open water coverage, 4) water depths, 5) noted fish and wildlife use, and 6) photographic documentation of the project area. This task will include one site visit to the project area to document the vegetative growth along the construction ROW. Texas DOT Permit NE will coordinate with the TxDOT and prepare a permit application for the 18 -inch water line, 8 -inch gas line and 4 -inch MIS conduit extension within and across their right-of-way. Texas General Land Office Authorization A/E will coordinate with the TGLO and prepare an authorization to construct the 18 -inch water line, 8 - inch gas line and 4 -inch MIS conduit extension within their jurisdictional area inside the TxDOT ROW. Topographic Survey Topographic survey will be undertaken along the proposed horizontal alignment to establish horizontal and/or vertical control for the design and construction of the proposed 18 -inch water transmission main, 8 -inch gas line and 4 -inch MIS conduit along the north side of Park Road 22, from the termination of the previous phase of the project to the Sand Dollar Pumping Plant. Warranty Phase AIE will provide a warranty inspection of the project site toward the end of the 12 -month warranty period and generate a warranty items punch list. Coordination with City for Geotechnical Study A/E will coordinate with the City to facilitate a contract between the City and a Professional Geotechnical Engineer to provide geotechnical engineering services. Coordination with City's Designated SUE Contractor A/E will coordinate with the City's designated SUE contractor to facilitate the subsurface utility engineering services. 11. SCHEDULE: We proposed to complete the Design Phase tasks described above within (120) one hundred and twenty days of receiving the notice to proceed. The schedule for the bidding and construction phases will be determined once the Design Phase has been completed. Page 4of5 EXHIBIT A Page 4 of 5 III. FEE: For services authorized by the Director of Engineering Services, the City will pay the NE a not -to - exceed fee of $197,833 on a time and materials basis. An invoice for the effort to complete each item in the following summary of fee table shall be issued on a monthly basis. The Consultant Engineer shall submit monthly invoice which include brief descriptions for daily job-related activities, daily man hours and rates for each project members spent on each phase listed in the attached table. The A/E shall also be paid for preliminary services completed prior to the start of this contract. Summary of Fees BASIC SERVICES Total Contract 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase Subtotal Basic Services Fees $135,819 ADDITIONAL SERVICES (As Authorized) 1. Wetland Delineation and Letter Report 2. USACE Permit Package 3 Post Construction Survey 4. TxDOT Permit 5. TGLO Authorization 6. Topographic Survey 7. Warranty Phase 8. Coordinate with COCC for Geotechnical Study 9. Coordinate with SUE Contractor Sub -Total Additional Services Fees $62,014 TOTAL $197,833 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 3Z -L J. Douglas McMullan, P.E. JDM/ Enclosures xc: Daniel Deng, P.E. — Major Projects Engineer, Engineering Services w/encl, via email Page 5 of 5 EXHIBIT A Page 5 of 5 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for: Payment Request Revised 07127/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 81,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 046 TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 82,877 $12,997 $1,250 $1,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 EXHIBIT "C" 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 (COI) 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 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 1 Rev 07/16 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 or non -renewal of 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. 2 Rev 07/16 ohor ....-.-rte City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CI I Y PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P. O. BOX: STREET ADDRESS: 2725 Swantner Drive FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2. Partnership M 5. Other ZIP: 78404 3, Sole Owner E 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 "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 A 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°.o 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 wiII 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 aII information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James L. Urban, P.E. Title: Principal (Type or Print Signature of Certifying Person: DEFINITIONS Date: 2. f zr% 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 Iikely 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 actuaIIy 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. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-83875 Date Filed: 07/13/2016 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 g 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. E16325 Padre island Water and Gas Pipeline Extension (Phase 3) 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 VilaillamiamihmlT I swear, or affirm, un r penalty of perjury, that the above disclosure is true and correct. . I, JOLENE E POTTER MY Commission Expires lip 111July 24, 2017 {h nye I Sign re of authorized age If contracting business entity 11►� �1�. U this the � % TOL day of 11--!j 411 AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said �Lt �4 P Y1� 201 It% , to certify which, witness my hand and seal of office. r do.4,- L� hC�Gl17� /1 f~�fYlcI +i �`�! t of officer administering officer administering oath g oath ay 1- P_ ft_F_ f 6-°-K`-e) ( '-ene E name of ignature of officer ad inistering oath PrintedTitle Forms provided by Texas Ethics Commission www.ethics.stateJx.us ersion vi.u. EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 — Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 11 Article 7 — Contractor's Responsibilities 11 Article 8 — Other Work at the Site 11 Article 9 — Owner's and OPT's Responsibilities 11 Article 10 — OAR's and Designer's Status During Construction 12 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 — Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date —The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder -The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions - 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before Excerpt from Form 00 72 00 General Conditions - 9 further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and Excerpt from Form 00 72 00 General Conditions - 10 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. Excerpt from Form 00 72 00 General Conditions - 11 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of Excerpt from Form 00 72 00 General Conditions - 12 the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. Excerpt from Form 00 72 00 General Conditions - 13 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 Carpus Citrsti trIgineeriing Padre Island Water and Gas Pipeline Extension Council Presentation October 18, 2016 00. Project Location 4i Corpus Chr'sti 52. Engineering FLOUR SLUFF t PADRE ISLAND WATER AND GAS PIPELINE EXTENSION SCALE LAGUNA MARE GULF OF MEX!'CO 2 Project Map Corpus Chr'sti Engineering 3 Project Scope Corpus Chr'sti Engineering This project provides for the Padre Island Water and Gas Line Extension from the Aquarius St. to the Sand Dollar Pump Station in the Island. The work includes professional engineering services for the following elements: ➢ 18 -inch PVC water transmission line ✓ Provides redundant water supply to Padre Island service area ➢ 8 -inch steel gas line ✓ Connects the island to the City's main supply source ➢ 4 -inch MIS conduit for future services Project Scope Corpus Chr sti Engineering 2016 2017 N D J F Design M A M J Bid & Award J A s 0 N D Construction Project Estimate: 420 Calendar Days = 14 Months Projected Schedule reflects City Council award in October 2016 with anticipated completion in December 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: 2016-83875 Date Filed: 07/13/2016 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 g 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. E16325 Padre island Water and Gas Pipeline Extension (Phase 3) 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 VilaillamiamihmlT I swear, or affirm, un r penalty of perjury, that the above disclosure is true and correct. . I, JOLENE E POTTER MY Commission Expires lip 111July 24, 2017 {h nye I Sign re of authorized age If contracting business entity 11►� �1�. U this the � % TOL day of 11--!j 411 AFFIX NOTARY STAMP I SEAL ABOVE Sworn to and subscribed before me, by the said �Lt �4 P Y1� 201 It% , to certify which, witness my hand and seal of office. r do.4,- L� hC�Gl17� /1 f~�fYlcI +i �`�! t of officer administering officer administering oath g oath ay 1- P_ ft_F_ f 6-°-K`-e) ( '-ene E name of ignature of officer ad inistering oath PrintedTitle Forms provided by Texas Ethics Commission www.ethics.stateJx.us ersion vi.u. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: September 28, 2016 TO: Margie C. Rose, 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: Engineering Construction Contract Commodores Drive at Park Road 22 Left Turn Lane Improvements Motion authorizing the City Manager, or designee, to execute a construction contract with A. Ortiz Construction & Paving, Inc. of Corpus Christi, Texas in the amount of $245,069 for the total base bid for Commodores Drive at Park Road 22 Left Turn Improvements project. (Bond 2014 Proposition 2 — Traffic Signals and Lighting Improvements City -Wide). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Commodores Drive at Park Road 22 Left Turn Improvements Project. BACKGROUND AND FINDINGS: This project improvement is part of the voter approved Bond 2014 Proposition 2 Traffic Signals and Lighting Improvements (City Wide) to extend the left -turn lanes to reduce traffic congestion by allowing more capacity. Bond 2014 Brochure description: "Traffic Signals and Lighting Improvements (City Wide) — This project includes various signal and lighting upgrades to improve traffic safety with increased capacity and reduced congestion. Improvements include signalization and upgrades to prioritized and warranted intersections to provide new poles, mast arms, advanced signal heads, controllers, etc. with ADA provisions. Proposed signal and intersection improvements include Ennis Joslin Corridor upgrades with new signals at Ennis Joslin/McArdle, McArdle/Nile, new signal at Flour Bluff/Purdue, Park Road/Commodore intersection improvements, Ocean Drive Corridor upgrades and other prioritized locations." There are currently two left -turn lanes for the approach for Commodores Drive at the Park Road 22 intersection; the inner lane is approximately 50 LF and the outer approximately 140 LF. The project extends both lanes approximately 250 LF by removing a section of the existing median, curb and gutter and relocation of existing street lighting. New Hot Mix Pavement Concrete (HMAC) will be placed with markings, signage and lane dividers. These proposed improvements provide immediate relief with the ongoing traffic congestion in this area. More comprehensive long-term solutions may be required with other projects and developments. On September 21, 2016, the City received proposals from one (1) bidder and the bid is as follows: The City presented an update on this item to the Island Strategic Action Committee (ISAC) at a regular meeting on October 4, 2016. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. (LNV) is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 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 2016-2017 Contractor Base Bid A. Ortiz Construction & Paving, Inc. Corpus Christi, Texas $245,069.00 The City presented an update on this item to the Island Strategic Action Committee (ISAC) at a regular meeting on October 4, 2016. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: LNV, Inc. (LNV) is the design engineer that was selected for this project under RFQ 2013-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts. Conforms to FY 2016-2017 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 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $41,050 $319,034 $360,084 Encumbered / Expended Amount 41,050 0.00 41,050 This item 0 $245,069 $245,069 Future Anticipated Expenditures This Project 0 73,965 73,965 BALANCE $0 $0 $0 Fund(s): Comments: N/A RECOMMENDATION: City staff and LNV recommend the construction contract be awarded to A. Ortiz Construction & Paving, Inc. in the amount of $245,069 for the Commodores Drive at Park Road 22 Left Turn Improvements for the total base bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Commodores Drive at Park Road 22 Left Turn Improvements PROJECT FUNDS AVAILABLE: Bond 2014 Proposition 2 $ 360,084 TOTAL FUNDS AVAILABLE $ 360,084 FUNDS REQUIRED: Construction: Construction (A. Ortiz)....(This Item) $ 245,069 Contingency (10%) 24,507 Street Lighting (AEP) 2,191 Construction Inspection and Testing: Construction Inspection (Estimate) 8,500 Construction Phase - Materials Testing Services (estimate) (TBD) 12,000 Design: Engineer (LNV) 41,050 Design Phase - Geotechnical Services (Rock) 8,700 Reimbursements: Total Reimbursements 18,067 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 7,027 Engineering Services (Project Mgt/Constr Mgt) 10,540 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 360,084 ESTIMATED PROJECT BUDGET BALANCE $ 0 • c 4 PROJECT LOCATION COMMODORES DR. VICINITY MAP NOT TO SCALE 9 Om - Project Number: E15226 COMMODORES DRIVE AT PARK ROAD 22 LEFT TURN LANE IMPROVEMENTS CITY COUNCIL EXHIBIT ei);, DEPARTMENT CORPUS CHRISTI, ���Es CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Commodores Drive at Park Road 22 Left Turn Lane Improvements Council Presentation October 18, 2016 Project Vicinity �hrsti Engineering Project Location Corpus Chr sti Engineering Existing Turn Lanes Proposed Turn Lane Extensions Project Scope �hrsti Engineering Part of the Bond 2014 Proposition 2 Traffic Signal and Lighting (City -Wide) Project. The project provides the following: • Extends both left-hand turn lanes approximately 250LF on Commodores at the approach to the Park Road 22 intersection • Adds capacity to immediately reduce traffic congestion for traffic Removal of existing concrete median with relocation of existing street lights • New HMAC pavement, markings, signage and flexible post lane delineators ❖ Future more comprehensive long-term improvements may be required with other projects and developments 1 Project Schedule �hrsti Engineering 2016 2017 Apr May Jun Jul DTsign Aug Sep Oct Nov Bid Dec Jan Feb Construction Construction Estimate: 90 days 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: 2016-118231 Date Filed: 09/29/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. A. Ortiz Construction & Paving 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. E15226 Left-Turn Lane Improvements 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Ortiz, Adriana Corpus Christi, TX United States X Ortiz, Raul Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. . 6 AFFIDAVIT I swe . , or a irrn, under penalty of perjury, that the above disclosure is true and correct. r«:e—.z _° j AMANDA 5 MCBROOM ei°1111F�4%� Notary Public, S tate of Texas ( ' AFFI Sworn }} '1. !! "uFi +t MCI-TARN nTRI(F to and subscribed My Commission Expires Signature of authorized agent of contracting business entity July 17,.2018 .r ! SERCABOVE- 1 before me, by the said ,4CLV, -174. CV 2 . this the ! 46 day of S e '/ n 20 /(p , to certify which, witness my hand and seal of office. Oritiutie,( Eno ni am cia S. il-leAterooAt No /arty Pe,* it'd. Signature of officer administering oath Printed name of officer administering oath TiiTe of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: TO: September 29, 2016 Margie C. Rose, 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: Engineering Services Amendment No. 1 Chaparral Street Phase 2 Downtown Development Master Plan BOND 2014 Prop. 2 Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to a contract for professional services with HDR Engineering, Inc. of Corpus Christi, Texas in the amount not to exceed $657,649 for a restated fee not to exceed $707,544 for the Chaparral Street Phase 2 Downtown Development Master Plan project. (BOND 2014 Proposition 2). PURPOSE: The purpose of this Agenda Item is to obtain authority to execute Amendment No. 1 to a contract for professional services for the Chaparral Street Phase 2 Downtown Development Master Plan project. (BOND 2014 Proposition 2). BACKGROUND AND FINDINGS: This project was approved in the Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement Projects by the community in the general election held on November 4, 2014. Bond 2014 Brochure description: "Chaparral Street — Phase 2 Downtown Development Master Plan (Schatzel to Taylor) — This project will continue the Chaparral Street improvements from Schatzel Street to Taylor Street with minor modifications. This will include new curbs, widened sidewalks including but not limited to textured concrete and/or pavers, street pavement. New trees, shrubs, irrigation, landscape lighting and other amenities are also included." This street improvement project will extend from Chaparral Street Phase 1 (Williams Street to Schatzell Street) and includes rehabilitating Chaparral Street from Schatzell Street to Taylor Street. This project includes full depth reconstruction of the existing pavement to include a new pavement section for two-way traffic conversion, driveway approaches, sidewalks, landscaping, ADA ramps and crossings, curb and gutter and an improved drainage system. This project will also include utility upgrades, lighting, parking meters, traffic signalization adaptation, and possible surface improvements to additional street sections as funding allows to restore the displaced parking spaces from the conversion of head end parking to parallel parking on Chaparral Phases 1 and 2. Funding from Bond 2008 Chaparral Street Phase 1 Improvements was withheld to accommodate this parking space restoration. Improvements will be coordinated with Phase 1 of this project completed under Bond 2008. The cost estimate for construction of street and utility improvements is $5.65 million. ALTERNATIVES: 1. Authorize execution of amendment no. 1. 2. Do not authorize execution of amendment no. 1. (Not Recommended) OTHER CONSIDERATIONS: HDR, Inc. is the design engineer that was selected for this project under RFQ 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. Conforms to FY 2016- 2017 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 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $49,895 $7,389,505 $7,439,400 Encumbered / Expended Amount 49,895 0 49,895 This item 0 657,649 657,649 Future Anticipated Expenditures This Project 0 6,713,900 6,713,900 BALANCE $0 $17,956 $17,956 Fund(s): ST 24 Comments: N/A RECOMMENDATION: City staff recommends amendment no. 1 with HDR, Inc. in the amount of $657,649 for the Chaparral Street Phase 2 Downtown Development Master Plan BOND 2014 Proposition 2 project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Amendment No. 1 Form 1295 Presentation PROJECT BUDGET Chaparral Street Bond 2014 Prop. 2 PROJECT FUNDS AVAILABLE: Bond 2014 Proposition Two $ 5,000,000 Bond 2008 300,000 Utilites 2,139,400 Storm Water 1,115,200 Wastewater 541,800 Water 482,400 TOTAL FUNDS AVAILABLE $ 7,439,400 FUNDS REQUIRED: Construction: Construction (estimate) $ 5,650,000 Contingency (10%) 565,000 Construction Inspection and Testing: Construction Inspection (Estimate) 150,000.00 Construction Phase - Materials Testing Services (estimate) (TBD) 50,000.00 Design: Engineer (HDR) 49,895.00 Engineer (HDR) Amendment No. 1 THIS ITEM 657,649.00 Street 328,825 Storm Water 109,608 Wastewater 109,608 Water 109,608 Design Phase - Geotechnical Services (Rock) 8,700.00 Other: Staff Augmentation 4,056.00 Reimbursements: Total Reimbursements 286,144.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 126,064 Engineering Services (Project Mgt/Constr Mgt) 157,580 Misc. (Printing, Advertising, etc.) 2,500 TOTAL $ 7,421,444 ESTIMATED PROJECT BUDGET BALANCE $ 17,956 i::. tl"cn a tiE �. Texas State Aquarium 1,1 Corpus Christ PROJECT LOCATION 41. cb r o o MgAI sv VIP 0 N �n co st vet g 4,62 n VICINITY MAP NOT TO SCALE i Project Number: E15207 CHAPARRAL STREET PHASE 2 DOWNTOWN MASTER PLAN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 FOR PROJECT E15107 Chaparral Street Phase 2 Downtown Development Master Plan 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) and HDR Engineering, Inc., a Texas corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 K.IENGINEERING DATAEXCHANGEVWG1EMlSTREE1'E151O7 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANtAMENDMENT 1 HDRWMENDMENT 1 DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City concerning the responsibilities of the lowest bidders. In determining a bidder's responsibilities, factors considered include, without limitation, the bidder's experience, capacity, supervision, ability to maintain project budget and schedule, past performance and safety record. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. Page 2 Rev. 07116 KIENGINEERING DATAEXCHANGEIANGIEMISTREETIE15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANWMENDMENT 1 HDRVIMENDMENT 1 DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $657,649 for a total restated fee not to exceed $707,544. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule, as shown in Exhibit B-1, with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; Page 3 Rev. 07/16 ICIENG1NEERING DATAEXCHANGEWNGIEM1STREET1E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANIAMENDMENT 1 HDR4AMENDMENT 1 DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). appreved-change . 4.3 The Consultant agrees to begin work on those authorized 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. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07116 KIENGINEERING DATAEXCHANGE ANGIEMISTREET\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANIAMENDMENT 1 HDR.AMENDMENT 1 DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required 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. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION 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. Page 5 Rev 07116 ICIENGINEERING DATAEXCHANGEWANGIEMISTREEThE1510T CHAPARRAL STREET PHASE 2 DOWNTOWN DEPvELOPMENT MASTER PLANV MENDMENT 1 HDR AMENDMENT 1 DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause 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. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. Page 6 Rev 07/16 ICIENG1NEERING DATAEXCHANGE ANGIEMISTREET1E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANWMENDMENT 1 HDRIAMENDMENT 1 DOC 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.5 The City may withhold or nullify the whole or part of any payment as detailed in Article III. Page 7 Rev. 07/16 KENGINEERING DATAEXCHANGE\ANGIEMISTREET1E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAMAMENDMENT 1 HDR'AMENDMENT 1 DOC ARTICLE XI - CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII - CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other parry within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page 8 Rev. 07/16 K.SENGINEERING DATAEXCHANGEWNGIEMhSTREET1E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLAMAMENDMENT 1 HDR AMENDMENT 1 DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, 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. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any Page 9 Rev 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREE11E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANIAMENOMENT 1 HDRIAMENDMENT 1 DOC modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re -use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals 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. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature conceming the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Entire Agreement. 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. 13.6 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form, attached as Exhibit D. 13.7 Certificate of Interested Parties. For contracts greater than $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, attached as Exhibit E. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities that exceed $50,000. 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; 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:llwww.ethics.state.tx.us/whatsnewlelf 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://vvww.ethics.state.tx.us/legal/ch46.html. 13.8 Conflict of Interest. Consultant agrees, 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://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.9 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 lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. Page 10 Rev. 07/16 KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E151Q7 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PLANYAMENDMENT 1 HDRMENDMENT 1 DOC tant hereby arees and i anything 13.11 Conflict Resolution Between Documents.Consultlant's Scope of Services, or contact ed 5n fany other contained in the Consultant -prepared Exhibit A, document prepared by Consultant and clod cd.herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said CITY OF CORPUS CHRISTI HDR ENGINEERING, INC, J.H. Edmonds, P. E. Director of Engineering Services RECOMMENDED Date Operating Department Date APPROVED Office of Management and Budget Date Assistant City Attorney ATTEST Date City Secretary Date Arthur B. Colwell, P.E, Date Vice President .&../1./49 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Office arthur.colwell@hdrinc.com Fund Name Street CIP Bond 2014 Storm Water 2012 Water 2012A Wastewater 2012B Total Accounting Unit 3551-051 3493-043 4089-041 4249-042 Account No. 550950 550950 550950 550950 Activity No. El 5107013551 EXP El5107013493EXP El5107014089EXP El5107014249EXP Account Category 50950 50950 50950 50950 Amount $328,825 $109,608 $109,608 $109,608 $657,649 Page 11 Rev. 07/16 K:IENGINEERING DATAEXCHANGE\ANGIEMGSTREEf\E15107 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVEIOPMENT MASTER PLAN\AMENDMENT 1 HDRWMENDMENT 1 DOC 13.11 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. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. J.H. Edmonds, P. E. Date Arthur B. Colwell, P.E. Director of Engineering Services Vice President 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Office arthur.colwell@hdrinc.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attorney Date ATTEST City Secretary Date Date Fund Name Accounting Unit Account No. Activity No. Account Category Amount Street CIP Bond 2014 3551-051 550950 E15107013551 EXP 50950 $328,825 Storm Water 2012 3493-043 550950 E15107013493EXP 50950 $109,608 Water 2012A 4089-041 550950 E15107014089EXP 50950 $109,608 Wastewater 2012B 4249-042 550950 El5107014249EXP 50950 $109,608 Total $657,649 Page 11 Rev. 07/16 K.EKGINEERING DATAEXCHANGEVNGIEMISTREET\E15167 CHAPARRAL STREET PHASE 2 DOWNTOWN DEPVELOPMENT MASTER PIAN1AMENDMENT 1 HDRIAMENDMENT 1 DOC EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS "CHAPARRAL STREET -PHASE 2 DOWNTOWN DEVELOPMENT MASTER PLAN" PROJECT NO. E15107 BOND ISSUE 2014 PROPOSITION 2 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 ArchitectlEngineer-A/E (also referred to as Consultant) will: 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. asap- 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 Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected 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. EXHIBIT "A" Page 1 of 10 Revised November 26. 2013 Clpwwprldrg1dafld083134712616439.21 Chaparral Ph 2 EXHIBIT A,docx 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 text, tables, schematic - level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of- way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. (4) 6. affect: 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. s) 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. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. City staff will provide one set only of the following information (as applicable): a) Electronic index and database of City's record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) C tipwworklnQWaM083134T1201e-09.21 Chaparral Ph 2 EXHIBIT A,docx EXHIBIT "A" Page 2 of 10 Revised November 26, 2013 e) Applicable Master Plans and GIS mapping are available on the City's website. f) City Control survey Bench marks and coordinates. g) Preliminary Traffic impact assessment. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Anv unauthorized use or distribution of the records 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. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. 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". 1. 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. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish one (1) set of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary, project checklist & drawing checklist" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. and cpocificationc, and adviso City of rosponding and non responding EXHIBIT "A" Page 3 of 10 Revised November 26.2013 C 1px+wndnyldal1d493134712016-09.21 Ctraparral Pn 2 EXHIBIT A dorx i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City's final review. 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 full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. 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 Citv standards.. I) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit "A-2" for required form. 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 (as authorized by Additional Services). The City staff will a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The NE will: a) Prepare draft Authorization to Advertise (ATA). b) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. c) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. d) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the Citys 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. EXHIBIT "A" Page 4 of 10 Revised November 26, 2013 C 1pwworldn91dand083134712016.0321 Chaparral Ph 2 EXHIBIT A.docx f) g) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the AIE'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. Prepare Agenda Memoranda and PowerPoint presentation in City format for City Council Meeting. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the AIE) 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. 4. Construction Administration Phase. include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review; Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. h) Attend final inspection with City staff, provide punch list items to the City's Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be C1pxnworkirgldalld0B3134712016,09-21 Chaparral Ph 2 EXHIBIT A.docx EXHIBIT "A" Page 5 of 10 Revised November 26, 2013 provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the 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 necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: in the arca c. Wotlandc Dolino3tion and Permit d. Temporary Dicchargo Permit c. NPDES Pcrmit/Amcndmentc (including SSC, NOI NOT) g. Nueces County h. Texas Historical Commission (THC) 1. U.S. Fish and Wildlife Service-(USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) I. Texas Department of Licensing and Regulation (TDLR ) m. Texas General -Land Office (TGLO) EXHIBIT "A" Page 6 of 10 Revised November 26, 2013 C 4pwworkirpldart097134712018.09.21 Chaparral Ph 2 EXHIBIT A doa d) 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 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 engineering (SUE) shall be provided as part of the scope of work for SUE. Locate improvements within the apparent ROW. Locate and identify trees, at least five inches in diameter within the apparent ROW. Generate electronic planimetric base map for use in project design. i) j) k) m) 4. 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. Cipwnnvrkinpldal1d093134712016-0321 Chaparral Ph 2 EXHIBIT A docs EXHIBIT "A" Page 7 of 10 Revised November 26, 2013 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C -I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro -excavation. The proposed subsurface utility investigation will be as follows: i) Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this 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. 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 obtaining a One -Call Notice and measuring the marked locations. iii) Storm Water — Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible 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 accessible 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 C. vi) Gas — Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction - related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City EXHIBIT "A" Page 8 of 10 Revised November 26, 2013 C:tipwwvrkinpldaAdO63134712016.09-21 Chaparral Ph 2 EXHIBIT A.docx staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List, which provides supplemental description to Exhibit "A". Note: The Exhibit "A-1" Task List does not supersede Exhibit "A". II. SCHEDULE Date Activity TBD NTP 1 Month after NTP Final ELR submittal 3 Months after NTP 60% Design Submittal 2 Weeks after 60% Submittal City Review 6 Months after NTP 100% Final Submittal 3 Months Total Advertise for Bids Pre -Bid Conference Receive Bids Contract Award 9 Months from NTP Begin Construction 17 Months from NTP Complete Construction III. FEES A. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized with the exception of construction phase services which will be performed on a time and materials basis as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, AIE will submit monthly statements for services rendered. The statement 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 AIE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the AIE a not -to -exceed fee as per the table below: EXHIBIT "A" Page 9 of 10 Revised November 26, 2013 C1pwworhingldahtl0831347120184322 Chaparral Ph 2 EXHIBIT A,tlocc Summary of Fees Basic Services Fees 1. Preliminary Phase $10,497.00 2. Design Phase $346,822.00 2.c.6. Electrical Design $53,152.00 3. Bid Phase $11,112.00 4. Construction Administration Phase (Time & Materials) $50,021.00 4.a. Electrical (Time & Materials) $11,102.00 Subtotal Basic Services Fees $482,706.00 Additional Services Fees (Allowance) 1. Permit Preparation (Authorized at NTP) $1,031.00 1. a. RAS (Authorized at NTP) $5,250.00 ROW Acg isit on S fyey N/A 3. Topographic Survey and Parcel Descriptions f. Main Section (Schatzell to Taylor) (Authorized at NTP) $51,491.00 g. Add'I Survey (Surfacing & Striping) (To be authorized) (Time & Materials) $43,758.00 4. Environmental Issues (Authorized at NTP) $5,036.00 5. Public Involvement (Authorized at NTP) $4,233.00 5a. Public Involvement (Support) (To be authorized) $20,020.00 6. Subsurface Utility Investigation (Authorized at NTP) $33,286.00 7. Construction Observation Services TBD 8. Warranty Phase $3,688.00 9. Landscaping Design (Authorized at NTP) $7,150.00 10. Televised Inspection of Lines TBD Sub -Total Additional Services Fees Authorized $174,943.00 Total Authorized Fee $657,649.00 EXHIBIT "A" Page 10 of 10 Revised November 26, 2013 C1pwworklnplda11d083134712018-09.22 Chaparral Ph 2 EXHIBIT All= EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional Services Exhibit A-1 Exhibit A-1 Task List HDR, Inc "CHAPARRAL STREET -PHASE 2 DOWNTOWN DEVELOPMENT MASTER PLAN" PROJECT NO. E15107 BOND ISSUE 2014 PROPOSITION 2 I. SCOPE OF SERVICES The following scope of services appends Exhibit "A" of the Chaparral Street -Phase 2 Downtown Development Bond 2014 Proposition 2 contract. Any items of Exhibit "A" not intended to be appended by Exhibit "A-1" are listed as "N/A". The Chaparral Street -Phase 2 project limits are from Taylor Street to Schatzell Street. The anticipated construction work consists of reconstruction of the roadway, replacement of City water lines, replacement of City waste water lines, replacement of City storm sewer, reconstruction of curb and gutter, reconstruction of sidewalks / driveways, and reconstruction of ADA accessible ramps. A. BASIC SERVICES 1. Preliminary Phase a) N/A b) N/A c) N/A d) N/A e) N/A f) N/A g) NIA h) N/A 1) The drainage areas studied for the project are the current contributing areas along the centerline of Chaparral St from Taylor to Schatzell. j) NIA k) N/A I) N/A m) N/A n) N/A o) N/A p) A draft engineering letter report has been previously submitted by HDR and approved by the City of Corpus Christi. Amendment 1 accommodates the scope of effort required to finalize the draft engineering letter report into a final Engineering Letter Report. q) N/A r) N/A s) One four hour meeting is assumed for the review meeting of the final ELR. t) N/A u) N/A City staff will provide one set of the following (as applicable): a) N/A b) N/A c) N/A Exhibit A-1 1 HDR Engineering, Inc. Chaparral Street — Taylor to Schatzell Project No. E15107 d) N/A e) The City will provide more extensive GIS utility mapping beyond what is available on the City's website whenever possible. f) N/A g) N/A h) Schedule project review meetings and invite appropriate attendees. i) Authorization form from City Engineering allowing the A/E to act as a "representative" of the City when coordinating with agencies as stated in Basic Services I.A.1.P.5. 2. Design Phase a) Develop and update periodically a utility conflict matrix which will be shared with the City during the project development process and submitted to the City at the 60%, 100%, and final project submittals. b) N/A c) A/E will coordinate with City Gas Department to show any proposed gas lines within the project limits in plan view. Anticipated construction drawings are as follows: 1. General Sheets 2. Street and Storni Sewer Sheets 3. Water, Waste Water, and Gas Sheets 4. Storm Water Pollution Prevention Plan 5. Signing and Striping Sheets 6. Electrical Sheets a) Provide the necessary engineering services to produce bidding and construction documentation for the renovation of Chaparral Street between Schatzell and Taylor streets. The scope of this project shall include: 1) Design of power conduits from the AEP vaults and the AEP provided street lights 2) Design of the grade mounted lighting for the uplighting of the trees. 3) Coordinate with AEP for power to the site. 4) Coordinate with the landscape designer. d) 1. One traffic control plan concept will be included in the project plan set. e) HDR plans for the duration of the City's 60% plan review to be 2 weeks. f) The 60% review will consist of only one meeting with City staff. Additional 60% review meetings requested by City staff will require the Chaparral Street project contract to be amended to include these meetings. g) The 90% review was removed at the City's request. h) N/A i) HDR plans for the duration of the City's 100% plan review to be 2 weeks. j) N/A k) N/A I) The schedule from design to completion of construction is planned for 24 months. The project engineer requires 1 hour for preparation and submittal of progress reports to the City for a total of 24 hours. These hours are independent of the additional staff hours required for supporting the project engineer. If through no fault of HDR the design and construction schedule extends past 24 months, it will require the Chaparral Street project contract to be amended to accommodate the additional hours. Exhibit A-1 2 HDR Engineering, Inc. Chaparral Street—Taylor to Schatzell Project No. E15107 m) NIA City staff will: a) N/A b) N/A c) N/A 3. Bid Phase a) N/A b) c) N/A d) The City is responsible for answering any questions related to the electrical design plan sheets, specifications, and details. The City is also responsible for any addenda for electrical design. e) N/A f) N/A g) A maximum of five slides will be prepared and coordinated with the City for their presentation to the City Council. City staff will: a) N/A b) N/A c) N/A d) N/A 4. Construction Administration Phase The first sentence is deleted and replaced by the following: "The A/E will perform construction administration activities to include the following:" Construction administration will be performed on a time and materials basis. a) NIA b) HDR plans for the following hours to review and respond to contractor submittals: project manager (4 hours), project engineer (16 hours), engineer -in -training (28 hours), and administrative assistant (8 hours). If contractor submittals require HDR to exceed these planned hours, it will require the Chaparral Street project contract to be amended to accommodate the additional hours. c) N/A d) N/A e) The construction schedule duration is estimated at 15 months. During this duration, HDR plans for the following hours: project manager (20 hours), project engineer (117 hours), engineer -in -training (207 hours), technician (27 hours), and administrative assistant (20 hours). If the construction schedule extends past 15 months causing HDR to exceed these planned hours, it will require an amendment to the contract for additional hours to accommodate the extended construction schedule. Any additional time spent on the project site at the request of City staff will require the Chaparral Street project contract to be amended to accommodate the agreed upon additional hours. f) N/A g) N/A h) N/A i) N/A j) N/A Exhibit A-1 3 HDR Engineering, Inc. Chaparral Street —Taylor to Schatzell Project No. E15107 City staff will: a) N/A b) N/A 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. AIE may not begirt 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 AIE shall, with written authorization by the Director of Engineering Services, perform the following services which append Exhibit "A" Additional Services of the contract: 1) Permit Preparation N/A 2) Right -of -Way (ROW) Acquisition Survey N/A 3) Topographic Survey and ROW Survey All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found or set monuments from the project area. a) Prepare field sketch based on City GIS and available record drawings. b) Provide traffic control with warning signs, truck -mounted strobe light, and appropriate PPE during field survey activities. c) Establish Horizontal and Vertical Control (i) Establish both primary and secondary horizontal/vertical control. (ii) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. (iii) Horizontal control will be based on NAD 83 State plane coordinates (South Zone); a combined scale factor will NOT be applied to the survey data (i.e. — survey data provided will be in grid). (iv) Vertical control will be based on NAVD 88. (v) All control work will be established using conventional (non -GPS) methods. d) Locate proposed soil/pavement core holes as drilled by the City of Corpus Christi Geotechnical Engineering Consultant. e) Prepare topographic map in CAD for all survey data obtained as detailed below. f) HDR is not responsible for inaccuracies of any City provided survey or any design issues arising from it. g) HDR will make reasonable attempts to utilize and merge any City provided survey with HDR's survey, but HDR is not responsible for any incompatibilities between the surveys which prevent them from being merged. Exhibit A-1. 4 HDR Engineering, Inc Chaparral Street—Taylor to Schatzell Project No. E15107 h) Main Section of Chaparral Street: (Taylor Street to Schatzell Street) (i) Obtain x, y, and z coordinates for the following within the apparent right- of-way ("ROW'): 1. 50 -foot cross sections and major breaks to 20' beyond the ROW (includes back of curb, curb gutter line, edge of pavement, roadway crown, sidewalk, and natural ground). 2. City improvements (includes ADA infrastructure, traffic signals and boxes, signs, permanent trash cans and benches, landscape boxes). 3. Visible surface utilities and appurtenances (City -Owned and Third Party) within the ROW and adjacent easements. 4. Accessible City -Owned manhole inverts. 5. Trees, at least five inches in diameter. 6. Private Infrastructure (includes buildings, Finished Floor Elevations, building attachments, fences). 7. 15' grid of parking and empty lots to 60' beyond ROW. (11) Prepare a Civil 3D surface model for use in project design. (iii) Right -of -Way Verification: 1. Research plats, ROW maps, deeds, easements, and prepared field sketch. 2. Boundary survey for fence corners, monuments, and iron pits. 3. Analyze data to establish the apparent ROW and include in the topographic map. i) Additional Surveys For Surfacing and Striping: In the event the City's drone survey is not adequate for the surfacing and striping scope of the project, they City may authorize additional surveys. Additional Surveys for Surfacing and Striping will be performed on a time and materials basis. The surfacing and striping includes Chaparral Street from Taylor Street to IH 37 & William Street to Coopers Alley. It also includes the following intersecting streets: Taylor Street, Starr Street, Peoples Street, Schatzell Street, Lawrence Street, William Street and John Sartain Street. The limits of work for the intersecting streets are from Mesquite Street to Water Street. (1) Obtain x, y, and z coordinates for the following within the curbed pavement section: 1. 50 -foot cross sections and major breaks (includes back of curb, curb gutter line, edge of pavement, roadway crown) 2. Visible surface utilities and appurtenances (City -Owned and Third Party) 3. Parking stripes 4) Environmental Services — HDR will provide a Phase 1 environmental site assessment (ESA). The objective of the Phase I ESA is to identify Recognized Environmental Conditions (RECs) that either currently exist or may have existed on or around the Site as Exhibit A-1 5 HDR Engineering, Inc. Chaparral Street —Taylor to Schatzell Project No. E15107 defined under the ASTM Method E1527-13 Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM Standard). Phase 1 services will consist of the following: a) HDR will utilize a research firm (EDR, Inc.) to provide a regulatory database search of the Site and surrounding properties that will include ASTM-prescribed federal, state, tribal, and local databases within the ASTM-prescribed search distances. If determined to be necessary, HDR will complete file reviews for sites listed in the database that, in the view of an HDR environmental professional, may pose an impact to the Site. b) HDR will review historical information for the Site, as applicable and available, according to the determination of the HDR environmental professional. Sources of historical information may include aerial-photography, USGS 7.5-minute topographic maps, fire-insurance maps, local street-directories, property tax files, building-department records, recorded land title/deed records, and zoning/land- use records. c) HDR will perform a site reconnaissance of the property and surrounding properties, in accordance with the guidance provided in the ASTM standard. The site reconnaissance will be conducted in order to identify potential RECs located on the Site, or on surrounding properties with the potential to impact the Site. The site reconnaissance may also be augmented with a Site Reconnaissance Questionnaire that will document the general site setting and exterior and interior observations (if applicable and available). d) HDR will conduct interviews with the property owner and people with knowledge of the property as appropriate. If conditions warrant, interviews with surrounding property owners will be conducted. A narrative will be prepared to document the past use(s) of the property. e) Interviews will be conducted, as appropriate, with local government officials who may have specific information on the property, including the local fire department, health department, planning department, and historical society/library, to determine any additional information on the historical land use of the property and surrounding properties. f) Meetings i) A site visit by an HDR professional (meeting the criteria of an Environmental Professional, as defined in the ASTM standard) will be completed. ii) Two conference calls will be completed with the City of Corpus Christi to review the results of the assessment. Deliverables - HDR will prepare 1 draft and 1 final copy of the Phase 1 Environmental Site Assessment report. The report will include findings, opinions and conclusions. Recommendations for further actions may be included, if the City of Corpus Christi requests. Recommendations may also be provided under separate cover, since the ASTM standard does not require inclusion of Recommendations in the report. h) Key Understandings i) The City of Corpus Christi is to provide a site map or survey of the property and a title abstract report, if available, identifying the parcel(s) that are the subject of this site assessment. Exhibit A-1 6 HDR Engineering, Inc, Chaparral Street—Taylor to Schatzell Project No. E15107 9) ii) The City of Corpus Christi is to provide contact information for Site owners that may be aware of Site's history. iii) HDR assumes that file reviews can be completed electronically. If HDR is required to review extensive documents on a site at the appropriate Federal or state agency, additional cost may be incurred. iv) The City of Corpus Christi will provide information regarding environmental liens on the property. v) No invasive site work, quantitative chemical analysis, asbestos, lead-based paint, components of building materials, radon, wetlands, archaeological or threatened & endangered species reviews are included in the scope of this ESA. vi) The ASTM Standard currently requires a real-estate assessment to be completed in the event there is a significant devaluation of the subject property due to an environmental condition. HDR's professional services do not include this assessment, and this will be noted as an exception to the ASTM Standard. vii) This task covers the Phase I ESA only, and does not include any services related to additional investigation of any portion of the Site and/or Phase ll ESA services. viii) The ASTM Standard defines the "Shelf Life" for Phase I Reports as 180 days. If closing has not occurred within 180 days, an update of the Phase I ESA may be required. ix) Reliance letters may be provided at additional cost. 5) Public Involvement. N/A a) HDR will provide stakeholder engagement and public involvement support on an as -needed basis during the design phase of the Chaparral Street, Phase II project. The following services is offered on an as -needed basis: • Partner with the City of Corpus Christi Public Information Office and the Downtown Management District in support of project communications, stakeholder engagement and public involvement activities. • Provide strategic consultation on public involvement activities that will inform and engage stakeholders in a timely and concise manner during the design phase of the project. • Provide support with specific issues management and engagement with special stakeholder groups in the Marina Arts District. • Provide support in communications in the areas of: key message development, media relations and stakeholder feedback methods. • Provide assistance with coordination, planning and staffing support for public meetings, presentations and/or similar public events. 6) Subsurface Utility Investigation Exhibit A-1. 7 HDR Engineering, Inc. Chaparral Street—Taylor to Schatzell Project No. E15107 a) SUE services for Chaparral Street from Taylor Street to Schalzell Street - Alternate Phase 3: Provide Subsurface Utility Engineering ("SUE") in accordance with ASCE Standard "ASCE C -I, 38-02; Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro -excavation. The proposed subsurface utility investigation will be as follows: i) Utility Quality Level Definitions: (i) Utility Quality Level D — Information obtained from GIS, record drawings, oral recollections. Provided during topographic survey. (ii) Utility Quality Level C — Information obtained from survey of visible surface utility features and correlation with quality level D information using sound professional judgment. Provided during topographic survey. (iii) Utility Quality Level B — Information obtained through the application of electric utility locators to determine the existence and approximate horizontal position of subsurface utilities. This method is only functional on ferrous metals. (i.e. iron and iron alloys) (iv) Utility Quality Level A — information obtained by actual exposure of utilities using hydro -excavation equipment and subsequent measurements of the precise horizontal and vertical location of utilities. ii) Prepare ROW Blockage Permit for the City of Corpus Christi. iii) Coordinate with Texas 811 One -Call to mark approximate locations of utilities. iv) Provide one (1) week of Utility Quality Level A field work (maximum of 10 potholes) to locate utilities, as selected by the Engineer. (i) Field work includes the following: 1. Traffic Control 2. Street Coring 3. Excavations 4. Precise horizontal and vertical measurements and photographs. 5. Identification of the type, size, material, and condition of utilities. 6. Backfill in general compliance with City of Corpus Christi standards. v) Prepare report of findings vi) Include actual utility locations in the topographic map. vii) HDR has excluded the following services: (i) Private utility service connections on topographic map, unless Level 'A' SUE has been performed. (ii) Excavations of utilities with depths of cover greater than 6'. 7) Construction Observation Services - Construction observation services are not included as part of the scope for this project. The AIE can provide a scope and fee for construction observation services if requested by the City. Exhibit A-1 8 HDR Engineering, Inc. Chaparral Street — Taylor to Schatzell Project No. E15107 8) Warranty Phase — N/A 9) Landscaping Design -- The A/E will include as part of the Chaparral Street -Phase 2 design a landscape plan from Taylor to Schatzell. Services shall include the following: a) Preliminary and Design Phase i) Confirm and evaluate all site conditions. ii) Develop a schematic landscape design for approval. iii) Preliminary review of the project budget as relative to the new schematic designs and construction. iv) Provide landscape and irrigation construction documents for the proposed streetscape improvement on Chaparral Street Phase 2. v) Prepare construction drawings, plans, and specifications in requested format. vi) Coordinate all improvements with all PS&E disciplines. vii) Submit landscape & irrigation construction cost estimate. viii) Provide summary sheets with total quantities and pertinent notes for the referenced project. ix) Furnish a reproducible set of landscape and irrigation plans. b) Bid & Construction Phase i) Attend pre-bid conference ii) Assist City in securing bids. iii) Attend the public bid opening. Analyze bids, and provide recommendations concerning the award of contract. (If required) iv) Attend and assist with facilitation of a preconstruction meeting with the contractor and city representatives. v) Review and check for approved materials and other submittals provided by the contractor. vi) Inspect and approve all landscape and site improvements. vii) Provide interpretations and clarifications of the plans and specifications for the contractor. Authorize minor changes, which do not affect the contractor's price and are not contrary to the interest of the City. viii) Review any change orders necessary during the process of the work. ix) Confer with governmental authorities as needed. x) Visit the site to confer with City project inspector and contractor to observe the general progress and quality of work, and determine, in general, if the work is being done in accordance with the contractor documents. xi) Conduct a preliminary inspection and prepare documentation ("Punch List") for items needing correction. xii) Conduct a final inspection with City personnel and Contractor for complete and proper installation. c) Landscape architectural fees include: i) The necessary conferences and site visits for the preparation of preliminary studies and final designs. ii) The production of complete landscape architectural drawings and specifications in the City's requested format. d) City of Corpus Christi Shall Supply or Reimburse the Following: i) All base and site maps ii) Approval of preliminary conceptual designs and sketches iii) All printing and reproduction fees. iv) All ADA requirements Exhibit A-1 9 HDR Engineering, Inc. Chaparral Street—Taylor to Schatzell Project No. E15107 10) Televised Inspection of Lines — At the request of the City, HDR may amend their contract to include televising the existing utility and storm sewer lines. II. SCHEDULE Actual dates will be adjusted based on actual approvals as the project progresses. III. FEES N/A Exhibit A-1 10 HDR Engineering, Inc. Chaparral Street —Taylor to Schatzell Project No. E15107 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 06 M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/60 Total Amount Previous Total Percent Contract Aid No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 50 50 51,000 50 51,000 51,0001 100% 2,000 1,000 0 3,000 1,000 500 1,500; 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0°,6 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% $2,000 50 $0 52,000 $500 50 5500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% 52,000 $1,120 51,527 54,747 5500 50 5500 11% 56,000 51,000 51,250 58,250 5750 51,500 52,500 30% 2,000 1,120 1,827 4,747 500 0 500 11% 58,000 $2,120 52,877 512,997 51,250 51,500 53,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. in addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: , Clerical: Other — specify: s SUBCONSULTANT(S): I (firm) Principal{s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Contract for Professional Services Exhibit B-1 Exhibit B-1 Hourly Rates for Time and Materials The rates for planned staff for Construction Administration services to the Chaparral Street Phase 2 project are as follows: NAME RATE CATEGORY HOURLY RATE Arthur B. Colwell (ABC) Sr Principal Engineer $283.26 Samuel Saldivar Jr (SSJ) Engineer VI $188.74 Ricardo Pedraza (RP) Engineer IV $135.50 Anthony Gavlik (AG) Engineer IV $123.87 Kelly Kading (KK) Environmental Manager $209.14 Cody Bingham (CB) Project Biologist $73.61 Justin De La Rosa (JDLR) Engineer I $84.59 Ulises Perez (UP) Technician I $72.37 Alexa Fulbright (AF) Administrative Assistant $60.66 In the event staff different from above is utilized for the Construction Administration services, their hourly rate will be based on their raw hourly rate multiplied by a multiplier of 3.15. hdrinc.com 555 N. Carancahua, Suite 1600, Corpus Christi. TX 78401-0849 (361) 696-3300 EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services Exhibit C EXHIBIT C 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 (COI) 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 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 1 Rev 07116 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 or non -renewal of 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. ? Rev 07.'16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D SUPPLIER NUMBER PURCHASING DI DIVISION N� City pof CITY OF CORPUS CHRISTI Corsti us 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: HDR Engineering, Inc. P. O. BOX: STREET ADDRESS: 555 N. Carancahua, Ste 1600 CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership e 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of thispage or attach separate sheet. 1. State the names of each `employee" of the City of Corpus hristi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) h1 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 !1! 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 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 fi 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 Christi, Texas as changes occur. Certifying Person: CPL. Title: cryix or Pnrn) Signature of Certifying Person: DEFINITIONS Date: -19-la, 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 2of2 EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E 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: 2016-115885 Date Filed: 09!2312016 Date Acknowledged: 1 Name of business entity filing farm, and the of business. HDR Engineering, Inc. Houston, TX United States city, state and country of the business entity's place brat is a party to the contract (or whrc}t the farm Is 2 Name of governmental entity or state agency being filed. City of Corpus Christi, TX 3 Provide the identification number used by the governmental entity or stale agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E15107 AMENDMENT 1- Chaparral Street Phase 2 from Schatzell Street to Taylor Street (Bond 2014) Name of Interested Party City, State, Country (place of business} Nature of interest (check applicable) Controlling Intermediary Little, George Omaha, NE United States X Keen, Eric Omaha, NE United States X Felker , Brent Davis, CA United States X O'Reilly, Charles Boston, MA United States X HDR, Inc. Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or ..., o .. �,.... - affirm, under penalty of perjury, that the above disclosure is true and correct. .••_ t!Ze^ oo.vjr�+ JEANNE K GQQDHEW n, to#$373881-5 . 6 y; , . ST MT E ..> ( '+ My Comm. Exp. 04.22.2017 ,rte« > Signature of authorized agent of contracting business entity > in _ jgai ' 1 r ri- 1.4r72...Car »t 1) , this the 3 day of Arm-. tarn.* a'hd1rubYcri4ia6re`fne"hy1'thdtaltl 20 / 4 , to certify which, witness my hand and seal of office. °jQ-A-Yin l 10atIL 1 Cdi ASS I Si'dt4i." administering oath Title Qf fficer administering oath ‘13CD Signature of o ice administering oath Printed name of officer Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0. TEC Cert Page 1 of i Build Number: V1.0.277 (07/13/2016) Logged in as david.weston@hdrinc.com I Logout (../../logout) TEXAS ETHICS COMMISSION Certificate of Interested Parties - Submitted Submitted on Fri Sep 23 11:42:22 CDT 2016 Unique Certificate Identifier: 2016-115885 Home Print Copyright @ 2013, 2014, 2015 Texas Ethics Commission. All Rights Reserved. Mobile Site I Full Site https://www.ethics.state.tx.us/TECCertlnt/pages/filer/certInfoListPage.jsf 9/23/2016 EXHIBIT F Excerpt from Corpus Christi General Conditions for Construction Projects Related to Design Services Contract for Professional Services Exhibit F Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 10 Article 5 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions 10 Article 6 — Bonds and Insurance 12 Article 7 —Contractor's Responsibilities 12 Article 8 — Other Work at the Site 12 Article 9 — Owner's and OPT's Responsibilities 12 Article 10 — OAR's and Designer's Status During Construction 13 Article 11— Amending the Contract Documents; Changes in the Work 14 Article 12 — Claims 14 Article 13 — Cost of the Work; Allowances; Unit Price Work 14 Article 14 —Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 14 Article 15 — Payments to Contractor; Set -Offs; Completion; Correction Period 14 Article 16 — Suspension of Work and Termination 14 Article 17 — Final Resolution of Disputes 14 Article 18 — Miscellaneous 14 Excerpt from Form 00 72 00 General Conditions - 1 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. A term with initial capital letters, including the term's singular and plural forms, has the meaning indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date — The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. Excerpt from Form 00 72 00 General Conditions - 2 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 3 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 13. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 15.03 or 15.04. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers or Registered Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. Excerpt from Form 00 72 00 General Conditions - 4 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home -rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. Excerpt from Form 00 72 00 General Conditions - 5 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; Excerpt from Form 00 72 00 General Conditions - 6 b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense," or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms "day" or "calendar day" mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 7 E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 — PRELIMINARY MATTERS ARTICLE 3 --CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional Excerpt from Form 00 72 00 General Conditions 8 details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards B. Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents A. Submit questions concerning the non-technical or contractual / administrative requirements of the Contract Documents to the OAR immediately after those questions arise. OAR is to provide an interpretation of the Contract Documents regarding these questions and will coordinate the response of the OPT to Contractor. B. Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. Excerpt from Form 00 72 00 General Conditions - 9 ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions A. Notify OAR immediately, but in no event later than 3 days, after becoming aware of a subsurface or physical condition that is uncovered or revealed at the Site, and before further disturbing the subsurface or physical conditions or performing any related Work that: 1. Establishes that the Technical Data on which Contractor is entitled to rely as provided in Paragraph 5.03 is materially inaccurate; 2. Requires a change in the Drawings or Specifications; 3. Differs materially from that shown or indicated in the Contract Documents; or 4. Is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Do not further disturb or perform Work related to this subsurface or physical condition, except in an emergency as required by Paragraph 7.12, until permission to do so is issued by OAR. B. OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's, findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions 10 5.05 Underground Facilities A. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or adjacent to the Site is based on information and data furnished to OPT by the owners of these Underground Facilities or by others. OPT is not responsible for the accuracy or completeness of information or data provided by others that OPT makes available to Contractor. The Contractor is responsible for: 1. Reviewing and checking available information and data regarding existing Underground Facilities at the Site; 2. Complying with Laws and Regulations related to locating Underground Facilities before beginning Work; 3. Locating Underground Facilities shown or indicated in the Contract Documents; 4. Coordinating the Work with the owners, including Owner, of Underground Facilities during construction; and 5. The safety and protection of existing Underground Facilities at or adjacent to the Site and repairing damage resulting from the Work. B. Notify the OAR and the owner of the Underground Facility immediately if an Underground Facility is uncovered or revealed at the Site that was not shown in the Contract Documents, or was not shown with reasonable accuracy in the Contract Documents. Do not further disturb conditions or perform Work affected by this discovery, except in the event of an emergency as required by Paragraph 7.12. C. The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from Form 00 72 00 General Conditions -11 ARTICLE 6 — BONDS AND INSURANCE ARTICLE 7 — CONTRACTOR'S RESPONSIBILITIES ARTICLE 8 — OTHER WORK AT THE SITE ARTICLE 9 — OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due A. Owner is to make payments to Contractor when due as described in Paragraphs 15.01.D and 15.06.D. 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. 9.06 Insurance A. Owner's responsibilities with respect to purchasing and maintaining insurance are described in Article 6. 9.07 Modifications A. Owner's responsibilities with respect to Modifications are described in Article 11. 9.08 Inspections, Tests, and Approvals A. OPT's responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 14.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws Excerpt from Form 00 72 00 General Conditions - 12 and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 — OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 14. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 14. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. Excerpt from Form 00 72 00 General Conditions - 13 B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Articles 11. D. OAR's authority related to Applications for Payment is described in Articles 13 and 15. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 14.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 — CLAIMS ARTICLE 13 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 14 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 15 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 16 — SUSPENSION OF WORK AND TERMINATION ARTICLE 17 — FINAL RESOLUTION OF DISPUTES ARTICLE 18 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions - 14 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: 2016-115885 Date Filed: 09/23/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. HDR Engineering, 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, 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. E15107 AMENDMENT 1 - Chaparral Street Phase 2 from Schatzell Street to Taylor Street (Bond 2014) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Little, George Omaha, NE United States X Keen, Eric Omaha, NE United States X Felker , Brent Davis, CA United States X O'Reilly, Charles Boston, MA United States X HDR, Inc. Omaha, NE United States X 5 Check only if there is NO Interested Party. ❑ 6 (/0<;.,„,V‘',„ (�� sZnYo 20 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. JEANNE K G00DHEW i 40'c' ft, ID# 373881-5 0 r 1 • r { STigiT lic 'E ':'',F,o ...... My Comm. Exp. 04-22-2017 > Signature of authorized agent of contracting business entity j n �i .' I C T& f.c- Z. l r /' ;' (,Of 1) , this the day of y ��`� 1 Xdiub cnKed`beT6re`fne', Pfhe salt 110 , to certify which, witness my hand and seal of office. 4--.0•7 s• -.,Se -A-41 'Nei? CiOncillei / C-1 ASS l 4:ifkA /— ‘4,cockE Signature of o ice administering oath Printed name of officer administering oath Title gf fficer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 TEC Cert Page 1 of 1 Build Number: V1.0.277 (07/13/2016) Logged in as david.weston@hdrinc.com I Logout (../../logout) TEXAS ETHICS COMMISSION Certificate of Interested Parties - Submitted Submitted on Fri Sep 23 11:42:22 CDT 2016 Unique Certificate Identifier: 2016-115885 Home Print Copyright © 2013, 2014, 2015 Texas Ethics Commission. ALL Rights Reserved. Mobile Site I Full Site https://www.ethics. state.tx.us/TECCertInt/pages/filer/certInfoListPage.j sf 9/23/2016 Corpus Chr sti Engineering Chaparral Street Phase 2 Downtown Master Plan Schatzel to Taylor Bond 2014 Proposition 2 Council Presentation October 18, 2016 Project Vicinity �hrsti Engineering Corpus Christi. v � '417 PROJECT LOCATION X40 2 Project Location 4000 Corpus Chr sti Engineering grateAs= *IL r°- - 1/1 PROJECT LIMITS 3 Project Scope �hrsti Engineering Improvements include the following: • Full depth reconstruction of existing pavement for two-way traffic. • New sidewalk, driveway approaches, ADA ramps and crosswalks, curb and gutter and an improved drainage system. • Improvements include: ✓ Utility: water, storm water, wastewater and gas ✓ lighting ✓ Parking meters ✓ Traffic signalization Surface Improvements to intersecting side streets to restore parking spaces lost due to the conversion of head in parking to parallel parking on Chaparral Phases 1 and 2. 4 Project Schedule �hrsti Engineering 2016 2017 2018 Jan Feb Mar Apr May Jun I Jul Aug Sep Oct Nov Dec Jan Feb Marl Apr MI- -1R= Design May Bid Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct M Construction 1M Estimated Construction Phase: 510 days AGENDA MEMORANDUM Future Item for the City Council Meeting of October 18, 2016 Action Item for the City Council Meeting of October 25, 2016 DATE: October 18, 2016 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste lawm c(�cctexas.com (361) 886-2601 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Pressure Washing of Trucks CAPTION: Motion authorizing City Manager, or designee, to execute a service agreement with HERO Pressure Washing, LLC of Corpus Christi, Texas, for pressure washing of trucks services, in accordance with Bid Event No. 130, based on lowest, responsive and responsible bid. The annual agreement will be for $46,010.00, of which $42,175.83 will be funded in FY2016-2017. The term of the agreement is for one year with option to extend for up to four additional one year periods, subject to the approval of the Contractor and the City Manager, or designee. PURPOSE: The purpose of this Agenda Item is to execute a contract with HERO Pressure Washing for the services of pressure washing of heavy trucks for the Solid Waste Department. BACKGROUND AND FINDINGS: Solid Waste has 99 trucks to be washed approximately five times per fiscal year on a weekly rotating basis. The contractor will ensure effective pressure washing services of heavy trucks consisting of various types such as: Auto Garbage Trucks, Rear Packer Trucks, Rear -Steer Trucks, Haul Trucks, Haul Trailers, Brush Trucks, and Self -Loader Trucks. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A 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: Solid Waste FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $197,590.80 $187,874.17 $385,464.97 Encumbered / Expended Amount $35,642.81 $0.00 $35,642.81 This item $42,175.83 $187,874.17 $230,050.00 BALANCE $119,772.16 $0.00 $119,772.16 Fund(s): General Fund Comments: The initial contract term total is $46,010.00, of which $42,175.83 will be funded in FY2016-2017. The total contract value will be $230,050.00 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: DOMINGO VALDEZ BID TABULATION EVENT 130 Pressure Washing of Trucks August 11, 2016 Recorded by: Lydia Juarez TOTAL: $46,010.00 $60,782.00 $48,652.00 $62,750.00 Hero Pressure Washing LLC Fleet Wash Inc Kingdom Sowers Superior Power Washing Corpus Christi, TX Fairfield, NJ Corpus Christi, TX Corpus Christi, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 32 Power Wash Auto Garbage Trucks 312 EA $85.00 $26,520.00 $119.00 $37,128.00 $100.00 $31,200.00 $125.00 $39,000.00 33 Power Wash Rear - Packer Trucks 104 EA $85.00 $8,840.00 $119.00 $12,376.00 $90.00 $9,360.00 $125.00 $13,000.00 34 Power Wash Rear -Steer Trucks 20 EA $75.00 $1,500.00 $119.00 $2,380.00 $80.00 $1.600.00 $70.00 $1,400.00 35 Power Wash Haul Trucks 16 EA $75.00 $1,200.00 $99.00 $1,584.00 $38.00 $608.00 $70.00 $1,120.00 36 Power Wash Haul Trailers 18 EA $75.00 $1,350.00 $69.00 $1,242.00 $38.00 $684.00 $115.00 $2,070.00 37 Power Wash Brush Trucks 68 EA $75.00 $5,100.00 $69.00 $4,692.00 $50.00 $3,400.00 $70.00 $4,760.00 38 Power Wash Self -Loader Trucks 20 EA $75.00 $1,500.00 $69.00 $1,380.00 $90.00 $1,800.00 $70.00 $1,400.00 TOTAL: $46,010.00 $60,782.00 $48,652.00 $62,750.00 SERVICE AGREEMENT NO. 921 PRESSURE WASHING OF TRUCKS THIS Pressure Washing of Trucks Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Hero Pressure Washing, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Pressure Washing of Trucks in response to Request for Bid/Proposal No. 130 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Pressure Washing of Trucks ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 12 months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. This Agreement includes an option to extend the term for up to four additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $46,010.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Jaime Flores Title: Waste Collection Superintendent Department: Solid Waste Phone: 361-857-1975 Email: jaimef@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, City of Corpus Christi Page 3 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is 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, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lawrence Mikolajczyk Title: Director of Solid Waste Operations, Solid Waste Address: 2525 Hygeia Rd. Corpus Christi, Texas 78415 Fax: 361-826-1972 IF TO CONTRACTOR: Contractor Company Name Attn: Valerie Cavazos Title: Administrator Address: P.O. Box 270462, Corpus Christi, Texas 78427 Fax: 361-356-4375 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 17. CONTRACTOR AGREES TO 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 WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT 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 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 CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 24. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 6 of 8 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: ANktl."S;AN Date: 10-( 0- (1/40 CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 130 Exhibit 2: Contractor's Bid/Proposal Response City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 8 of 8 Attachment A: Scope of Work 4.1 General Requirements/Background Information The Contractor shall provide Pressure Washing of Trucks as outlined in this Scope of Work. 4.2 Scope of work A. The Contractor will provide power washing for heavy trucks used by the Solid Waste Department as follows: • A total of ninety-nine (99) units will be washed five (5) times per fiscal year. • Nine (9) to ten (10) trucks will be washed every Sunday on a rotating basis. • Contractor must provide a hot water pressure washer to remove grime, mud and grease and a shop vac to clean the interior floor board of any debris. • Contractor will wash exterior, between cab and garbage body, engine/transmission area, and raise bed and wash frame area to rear ends and under body. • Contractor shall clean all glass surfaces, which includes removing all detergent film and drying to leave glass streak & spot free. This includes removing all detergent film and drying. Glass and mirror surfaces will be 100% streak and spot free. • No washing will be required inside of cab. B. The Contractor will confine all operations to daylight hours, sunrise to sunset. C. The washing will be done at the Fleet Maintenance wash pad located at 5325 Ayers, Building 3-B. D. The City will provide the water, which will supply at least 5 to 10 gallons per minute. E. The City will provide a clean sump/tank before the contractor begins the power washing. It will be the responsibility of the City to empty the wash water from the sump/tank. F. The City's Contract Administrator will establish a schedule for the trucks that need to be washed. The scheduled trucks will be aligned at the Fleet Maintenance Department. The Contractor will be responsible to drive the trucks to the wash pad and, when finished, will drive the trucks back to their original location. G. The City intends to establish a routine schedule. However, if there is inclement weather that prohibits the scheduled washing the Contractor shall contact the Contract Administrator to arrange for washing on the following Sunday. H. The Contractor must possess a valid Texas Class B CDL Driver's License. Contractor must provide a copy of Driver's License and Texas Department of Public Safety Type II Driver Record to Contract Administrator. Only cleaners and de -greasers that have been approved by the City's Contract Administrator may be used in the performance of the washing service. To comply with EPA regulations, the Contractor must identify all products to be used and provide Safety Data Sheets with bid. All cleaning chemicals used must not damage any parts of the vehicles including, but not limited to: glass, metal, paint, plastic, etc. to be cleaned. Any damage will be the responsibility of the contractor to repair/replace as needed. On occasion a brightener to clean aluminum will be used on every other wash. J. The City will provide a lock -box with the keys of the vehicles to be washed. All keys will be returned to the lock -box when work is completed that day or the Contractor will pay a $25 fine for each missing key. These keys will not be taken away from the property. No keys will be duplicated for any reason. The contractor will be liable for re -keying, should this be compromised due to Contractor's negligence. K. Contractor will clean up wash area upon completion of work each day and remove any remaining trash and debris. 4.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. Attachment B: Bid/Pricing Schedu or Event # 130-3 Line Responses Event Name: Pressure Washing of Trucks Event #: 130-3 E 0 Supplier: 1498 Supplier Group: 1 (/) 0 N Supplier Contact Name: Valeri Supplier Contact: 1 Line Responses lo CU ID v) 6. z 0 0 7 Z z '2 2 .... 0, c VI 'P co Zo o Z 2 Z = CY c ON 41 LL) 04 c cb o tu Z •_ 0 0 0 z 41 2 . 0 2 Z 2 2 '2 2 74 '8 c0 c0 CD CD CD CD C) CD 0 0 C) CD CD CD V. 06. CD 0 0 0 CD CD 7.1, "E V.:1 W1 (1-1 Lri vi ,ri 00 co r-- N N N e) 0 ,:. a) >, DI ..-•0 0 0 0 4 CD CD CD 0 C0 0 CD CD CD M. M C) CD CD CD cn 7N ON v606 06 a) cy e4 N — — C ;7.0 CD CD CD CD CD C°. co; co CY VD 00 1-) 00 0 >, ,... 0 •0 c E 0 .1= t43 c.) 0, E . • LR . , . " ..., -.. (1) ..0 fr 4.1 .0 ,_, 0, til -6 cu 0I. CU 0 1.6 2 u 3 ,.., g ,.., „ o4 un C) < 2 w a4CC w vp a4 F- En I (—) 0 C..) rzG LL4 U - < c4 t— LLI U 4 ul < c4 E— < r,4 F- o4 CIO 0 LL1 E— . < < a E— F. o4 = Ne•-) v-) r-- ponses For Event # 130-3 continu yt MO 0• 0 '0 0 0 0 za 0 z CU 0 Eco 0 0 0 0 '0 O Q CZ_ C ..1 C 0 N Q G E 0.. 0 O a E G CU 0 a • 0 N O z 0 z 0 z _0 a~J Y 3 4 -0 LL3 ? 00 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 Solid Waste one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on 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 WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers 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; • Workerscompensation 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. 2016 Insurance Requirements Purchasing Power Washing - Solid Waste Trucks 6/2/2016 mv Risk Management Affachment C: Bond Requirements Bonds are not required for this service agreement Attachment D: Warranty Requirements Warranty requirements are not required for this service agreement 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: 2016-89473 Date Filed: 07/24/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Hero Pressure Washing, LLC 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 - Purchasing Division 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. RFB No. 130 Pressure Washing of Trucks and Trailers 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Hero Pressure Washing, LLC Corpus Christi, TX United States X r 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that .7., titi„,• gpgMAL. ;MAA f191e1Y Public. StaleM of texas % —' My Commission Expires the above disclosure is true and correct. 04116!2017 ' , . _ . Signatur�if authorize, ax - • of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Mab r I (Ciirnad Ko this the •":",� t day of S 20 1 , to certify which, witness my hand and seal of office. [Mill/Y(1 saliyy3 uoingtuo3 dpi rw!,, Sara to GINS'aIIVnd NeVJN V OIVZNV'1VWyUN '' L-412(64-/ V e f�<J I % i1f 'N.cSRA °turc s .fficer ministeri s s . th Printed name of officer administering oath Title of officer ad istering oath orms provided by Texas Ethics Commission www.ethics.state.N.us Version V1.0.277