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Agenda Packet City Council - 10/25/2016
Cornus Christi 1201 Leopard Street - r Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final City Council Tuesday,October 25,2016 11:30 AM Council Chambers Public Notice --THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor Betty Vestal, Church of Acts. C. Pledge of Allegiance to the Flag of the United States to be led by Mark Van Vleck, Assistant City Manager. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1263 Proclamation declaring October 25, 2016, "Corpus Christi Crime Stoppers 35th Anniversary". Proclamation declaring October 23-29, 2016, "Corpus Christi Live Week". Proclamation declaring November 5, 2016, "Face-to-Face Walk for Memory". Proclamation declaring November 5, 2016, "National Weather Service Day". Corpus Christi Page 1 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25, 2016 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER H. MINUTES: 2. 16-1262 Regular Meeting of October 18, 2016. Attachments: Minutes -October 18, 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 - 10) Corpus Christi Page 2 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25,2016 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. 16-1190 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 4. 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 5. 16-1198 Engineering Design Contract for Padre Island Water and Gas 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. Corpus Christi Page 3 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25, 2016 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 6. 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 7. 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). Attachments: Agenda Memo-Chaparral Street Project Budget Chaparral S Location Map Chaparral Street Amendment 1 Form 1295 HDR Presentation -Chaparral Street 8. 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 Corpus Christi Page 4 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25, 2016 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 9. 16-1180 Second Reading Ordinance -Amending the Urban Transportation Plan map by removing the proposed extension of Mustang Trail between McArdle Drive and South Padre Island Drive (SPID) (1st Reading 10/18/16) (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 10. 16-1176 Second Reading Ordinance - Lease Agreement for 2017 Fiesta de la Flor event (1st Reading 10/18/16) (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 L. EXECUTIVE SESSION: (ITEM 11) 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 Corpus Christi Page 5 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25, 2016 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. 11. 16-1264 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. M. PUBLIC HEARINGS: (ITEMS 12 - 13) 12. 16-1178 Public Hearing and First Reading Ordinance - Rezoning property located at 1013 E. Lakeside Drive (Requires 2/3 vote) Case No. 0916-02 Dawn Melancon: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District. The property to be rezoned is described as being a 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-6" Single-Family 6 District to "CG-1" General Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application of Dawn Melancon ("Owner"), by changing the UDC Zoning Map in reference to 0.344-acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS-6" Single-Family 6 District to the "CG-1" General Commercial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0916-02 Dawn Melancon Ordinance -0916-02 Dawn Melancon Aerial Maps-0916-02 Dawn Melancon Zoning Report-0916-02 Dawn Melancon 13. 16-1179 Public Hearing and First Reading Ordinance - Rezoning property located at 7401 Holly Road (Requires 2/3 vote) Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning Corpus Christi Page 6 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25, 2016 from the "RS-4.5" Single-Family 4.5 District to the "RS-TH" Townhouse District. The property to be rezoned is described as an 8.63-acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS-4.5" Single-Family 4.5 to the "RS-TH" Townhouse District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, from the "RS-4.5" Single-Family 4.5 District to "RS-TH" Townhouse District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo-0916-03 Palm Land Investments, Inc Ordinance -0916-03 Palm Land Investments, Inc Aerial Maps-0916-03 Palm Land Investments, Inc Zoning Report-0916-03 Palm Land Investments, Inc N. REGULAR AGENDA: (ITEM 14) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 14. 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: Revised Agenda Memo-Security Services 10.19.16 Service Agreement- Uniformed Security Guard Service Form 1295-Uniformed Security Guard Service Presentation - Uniformed Security Guard Services Combined Evaluation Matrix RFP 152 Uniformed Security Guard Services O. FIRST READING ORDINANCES: (NONE) Corpus Christi Page 7 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25, 2016 P. FUTURE AGENDA ITEMS: (ITEMS 15 - 18) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 15. 16-1253 Certification of 2016 Tax Levy (Requires 2/3 vote) Motion approving the 2016 Property Tax Levy of$114,816,809.63 based on the adopted property tax rate of$0.606264 per$100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. Attachments: Agenda Memo for Certification of 2016 Tax Levy Certification of Tax Levy for the 2016 Tax Year 16. 16-1252 Reimbursement Resolution for Utility System Revenue Bonds (Requires 2/3 vote) Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for the prior lawful expenditure of funds from the proceeds of one or more series of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. Attachments: Agenda Memo- Reimbursement Resolution for Utilities 10-12-2016.doc Resolution -Utility Rev Bonds Reimbursement 10-12-2016.pdf 17. 16-1207 Contract for Professional Services for Wesley Seale Dam Instrumentation Testing and Replacement Project (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. Attachments: Agenda Memo-Wesley Seale Dam Prosect Budget-Wesley Seale Dam.xls Location Map-Wesley Seale Dam Contract-Wesley Seal Dam Form 1295-Wesley Seale Dam Presentation -Wesley Seale Dam 18. 16-1230 Engineering Construction Contract for Lift Station Repairs Citywide 2016 (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a Corpus Christi Page 8 Printed on 10/24/2016 City Council Meeting Agenda-Final October 25,2016 construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of$1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. Attachments: Agenda Memo- LS Repairs.docx Project Budget- LS Repairs.xls Location Map- LS Repairs.pdf Presentation- LS Repairs.pptx Form 1295-LS Repairs.pdf Q. BRIEFINGS: (ITEM 19) 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. 19. 16-1276 City Council Terms, Term Limits, and related City Charter issues R. ADJOURNMENT Corpus Christi Page 9 Printed on 10/24/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexa s.corn Meeting Minutes 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. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. Invocation to be given by Pastor Mark Patterson, River of Life. Pastor Mark Patterson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Terry Teri, Assistant Director of Municipal Court. Assistant Director of Municipal Court Terry Teri 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 17-21, 2016, "Texas Chamber of Commerce Week". Proclamation declaring October 24-28, 2016, "Red Ribbon Week". Mayor Martinez presented the proclamations. Corpus Christi Page 1 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 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 groundbreaking ceremony for Fire Station No. 18 will be held Wednesday, October 19, 2016 beginning at 11:00 a.m. in the 6100 block of Ayers Street near Saratoga Boulevard. The City is requesting that attendees park in the Valero Parking Lot.2)The FY2017 Annual Business Plans have been finalized and are available on the City's website at www.cctexas.com. The business plans are written by departments and follow a prescribed format consisting of the following four sections: profile, performance,financial, and strategies and tasks. This year's business plans will include an additional focus on zero-based budgeting. H. MINUTES: 2. Regular Meeting of October 11, 2016. Mayor Martinez referred to approval of the minutes. Council Member Rosas made a motion to approve the minutes,seconded by Council Member Garza and passed unanimously. I. BOARD &COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 14) Mayor Martinez referred to the Consent Agenda. A citizen requested that Item 9 be pulled for individual consideration. A council member requested that Item 6 be pulled for individual consideration. 9. 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 Michael & Kerry Berry to comply with specified conditions; and providing an effective date. Mayor Martinez deviated from the agenda and referred to Item 9,second reading for the street closure of Harney Road, located between Violet Road and Callicoate Road. Corpus Christi Page 2 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 Chester Pakebusch, 425 Rolling Acres, asked questions regarding the determination to close Harney Road and stated that the closure will deny him access to launch his boat. Doralee Dlabaja, Senior Officer with the Corpus Christi Police Department,stated staff and the surrounding property owners have been working for two years on the road closure. Senior Officer Dlabaja said that Harney Road is a road, not a public access to the river. Senior Officer Dlabaja provided state certified boat access alternatives at Figueroa Road and Labonte Park. Senior Officer Dlabaja reiterated the problems with illegal dumping, drug arrests, parties, injuries and fire situations that were presented at the first reading. Council Member Vaughn made a motion to approve the ordinance,seconded by Council Member Garza. This Ordinance was passed on second 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 Enactment No: 030986 Approval of the Consent Agenda Mayor Martinez referred to the consent agenda items not pulled for individual consideration. 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 Abstained: 0 3. 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 passed on the Consent Agenda. Enactment No: M2016-135 4. Engineering Design Contract for Downtown Road and Corpus Christi Page 3 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 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 passed on the Consent Agenda. Enactment No: M2016-136 5. 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 passed on the Consent Agenda. Enactment No: M2016-137 7. 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 passed on the Consent Agenda. Enactment No: 030984 8. 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 passed on the Consent Agenda. Corpus Christi Page 4 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 Enactment No: 030985 10. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030987 11. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030988 12. Second Reading Ordinance -Appropriating Federal grant funds and executing construction contract for Corpus Christi 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 Corpus Christi Page 5 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030989 13. 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030990 14. 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 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. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030991 Corpus Christi Page 6 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 6. 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). Mayor Martinez deviated from the agenda and referred to Item 6, execution of a construction contract for Alameda Street from Lipan to Kinney(Bond 2014, Proposition 1).A council member asked whether there are any roads from previous bond projects that have not been completed and are in worse condition on this project. Director of Engineering Services Jeff Edmonds stated that the only roads that are being held are potentially impacted by the Harbor Bridge and all bond projects are moving forward. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Magill and passed unanimously. This Motion was passed 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 Enactment No: M2016-138 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 referred to comments from the public. Abel Alonzo, 1701 Thames, informed the community that this is the fourth year that the Nueces County"I Believe In Me" Foundation has partnered with the Westside Business Association and thanked the individuals who have made contributions. Susie Luna Saldana,4710 Hakel, and Don Clark, 6425 Coronation, spoke in support of Agenda Item 17,the regional youth sports complex. Margareta Fratila, 3606 Tripoli,spoke regarding the initiative submitted 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. Rosendo Perez, 9531 Blue Jay,spoke regarding the denial of a claim he received from the City's Risk Management Department regarding damages to his vehicle by the Solid Waste Department. Corpus Christi Page 7 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 L. EXECUTIVE SESSION: (NONE) M. PUBLIC HEARINGS: (ITEM 15) 15. 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. Mayor Martinez referred to Item 15. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to amend the Urban Transportation Plan Map by removing the proposed extension of Mustang Trail between McArdle Road and South Padre Island Drive (SPID). Mayor Martinez opened the public hearing. There were no comments from the public. Mayor Martinez closed the public hearing. In response to a council member, Mr. McGinn stated that the section from Staples Street to McArdle Road was removed, but the Mustang Trail portion was not due to an oversight. 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 N. REGULAR AGENDA: (ITEMS 16 - 18) 16. Second Reading Ordinance - Rezoning property located at 600 Elizabeth Street (1st Reading 10/11/16) (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. Corpus Christi Page 8 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 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 I IA, 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 referred to Item 16, a second reading ordinance rezoning property located at 600 Elizabeth Street. Interim Director of Development Services Daniel McGinn stated that since the first reading on October 11,2016, staff has met with Dr. Gloria Scott, who made public comments at that meeting, to answer questions and provide better clarification of the rezoning. Mayor Martinez called for comments from the public. Gloria Randall Scott, 4422 Alameda, explained that she represented several small businesses in the area, Corpus Christi Page 9 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 including Coastal Bend Oncology and Dr. Ester B. Pollard. Dr. Scott spoke regarding the following topics:the individuals she represents never received notification of the zoning change;the definitions for the zoning districts not being available in writing; how the zoning will impact the property owners in the area; and a request to postpone the second reading until Dr. Pollard and other residents in the area are provided with information. Steven Alford, Communications Manager for Christus Spohn System,stated that letters were sent out to property owners,within 200 feet of the subject property, inviting them to community meetings and providing updates on the progress of the construction. Mr.Alford added that construction bulletins are also provided to all the offices in the vicinity. Mr.Alford stated that members of Christus Spohn have met with Dr. Pollard to make sure she is informed and her office had been receiving the construction bulletins. In response to a question from City Council regarding tabling the item, Chip Urban with Urban Engineering,stated that Christus Spohn would like to move forward with the rezoning. Council members and staff discussed the following topics:the difference between the current zoning and the proposed rezoning;the notification information;the definitions of the zoning districts as provided in the Unified Development Code;the Special Permit conditions; Christus Spohn's communication efforts;whether Christus Spohn contacted individuals listed on the zoning report that indicated they require more information; whether the zoning could be tabled; concerns from the property owners are more about anxiety regarding the change in healthcare, buy-out of offices, and parking issues; and a commitment from Christus Spohn to continue discussions with nearby property owners. Council Member McIntyre made a motion to approve the ordinance,seconded by Council Member Rosas. This Ordinance was passed on second 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 Enactment No: 030992 17. 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. Mayor Martinez referred to Item 17. City Secretary Rebecca Huerta announced that Council Member Garza would abstain from the discussion and vote on this item. Interim Director of Parks and Recreation Stacie Talbert Anaya introduced Corpus Christi Page 10 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 the presentation team who were available to respond to questions: Interim Director of Development Services Daniel McGinn, and Bert Quintanilla and Derrick Hegmon with SQH Sports and Entertainment, Inc. (SQR). Ms.Anaya stated that the purpose of this item is to execute a lease agreement with SQH for the lease of approximately 68 acres for a regional youth sports complex. Ms.Anaya presented the following information: a location map; clarification relating to questions raised regarding whether the property complies with the Joint Land Use Study(JLUS)and is located in an Air Installation Compatible Use Zone(AICUZ); changes to the contract in Sections 8.1 and 8.1.3 to address the military air zones and any recommendations in the JLUS; the contract negotiations;the complex consisting of six outdoor rectangular fields, eight diamond fields, a field house consisting of six basketball courts or 12 volleyball courts, a concession stand, multiple meeting and party rooms,ten sand volleyball courts, a playground, an outdoor concession facility, and a restaurant all built to Americans with Disabilities Act(ADA)standards; performance milestones; background on SQH; and SQH's operational plan. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,spoke in support of the project. Craig Loving, 1037 Stirman, on behalf of the International Brotherhood of Electrical Workers, requested the City ensure that the building trades are included in this project.John Kelley, 3621 Austin, stated that he is not in opposition to the sports park. Mr. Kelley listed his opposition to the following considerations:the location of the field related to the JLUS and land use compatibility; doing business with SQH; use of the developer trust funds; and a market study not having been performed on the property. Council members discussed the following topics:the project timeline; the issuance of the Request for Proposal (RFP);the entities that evaluated the feasibility study and business plan;the potential investment or risk to the City as it relates to utilities;the Wastewater Master Plan for south of the Oso; use of the trust fund system to build infrastructure;the property not located in the AICUZ; the light shielding and height restrictions included in the agreement; the average recommendation for parks and recreation being one-square-foot per resident and the City currently being at.3;the language in the contract regarding the AICUZ and addressing the need to not impact the military;the City currently not receiving property taxes or utility payments from the property;the project generating property tax and sales tax;the future land use designation of the property identified as a regional park; whether the City is prepared to maintain the facility in an emergency and memorializing the contingency plan of action; moving forward with the 2017 Parks Master Plan review; and the project being a catalyst for additional development in the area. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on second reading and was approved with the following vote: Aye: 7- Mayor Martinez, 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: 1 - Council Member Garza Enactment No: 030993 Corpus Christi Page 11 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 18. 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. Mayor Martinez referred to Item 18. Business Liaison Alyssa M. Barrera stated that the purpose of the item is to disannex CITGO owned property and create a new industrial district agreement. Interim Director of Development Services Daniel McGinn and CITGO representatives Larry Olivarez and Albert Ocanas. Ms. Barrera stated that the first reading of the item was on September 20,2016. The City Council packet focused on the financial aspect of the deal,with respect to the City remaining financially whole. This garnered the attention of the Citizens Alliance for Fairness and Progress (Citizens Alliance)with concerns about the environment, interpreting that the City was removing limitations on what CITGO could build on the site. Staff understood what CITGO planned to build was not the heavy industrial operations that the Citizens Alliance was concerned about, and committed to updating the materials to address those concerns. Staff worked with Errol Summerlin, representative for the Citizens Alliance, and CITGO, and the amendment proposed is the best recommendation for a compromise to address these concerns. The industrial district has been modified to address the preservation of the buffer function of the property.A motion will be required to amend the ordinance by replacing Industrial District Agreement No. 6b,signed by CITGO on October 13,2016, which includes Section 1.025, the Oak Park Program Protocol limitation. Ms. Barrera presented the following information:the location map;the payment in lieu of taxes; the city limit boundaries;the concerns regarding the usage of the site; an excerpt from the Oak Park Program Protocol Agreement of 1997; the conditions for usage; and the proposed amendment to the Industrial District Agreement. Mayor Martinez called for comments from the public. Errol Summerlin, Citizens Alliance,thanked the staff for including the proposed recommendation and asked that the City insert additional language in the preamble; modify the title in Section 1.025 to Land Use Restrictions; and extend the limitations to the entire property. James Klein, 3501 Monterrey, and on behalf of the Clean Economy Coalition, asked for due diligence regarding this project to ensure that the health of the residents in the area would not be negatively impacted. Council Member McIntyre made a motion to amend the ordinance by replacing Corpus Christi Page 12 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 Industrial District Agreement No. 6B with the Industrial District Agreement No. 6B signed by CITGO on October 13,2016,which includes Section 1.025 Oak Park Program Protocol Limitation, seconded by Council Member Magill and passed unanimously. Council Member Magill made a motion to approve the ordinance as amended, seconded by Council Member McIntyre. This Ordinance was passed on second reading as amended 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 Enactment No: 030994 O. FIRST READING ORDINANCES: (ITEM 19) 19. 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. Mayor Martinez referred to Item 19. Interim Director of Parks and Recreation Stacie Talbert Anaya stated that the purpose of this item is to execute a lease agreement with the Corpus Christi Convention and Visitors Bureau for the 2017 Fiesta de la Flor event to be held on March 24, 2017 and March 25,2017. Mayor Martinez called for comments from the public.Abel Alonzo, 1701 Thames,thanked Ms.Anaya and the CVB for their work on this event and asked questions regarding the economic impact to the community. Council members spoke in support of the event to celebrate the legacy of Selena. 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 Corpus Christi Page 13 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 Mayor Martinez called for a brief recess at 2:41 p.m. The Council reconvened at 3:22 p.m. P. FUTURE AGENDA ITEMS: (ITEMS 20 - 27) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had planned presentations on Items 20,21, and 23.A council member asked a question regarding Item 25. 20. 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. This Motion was recommended to the regular agenda. 21. 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. This Motion was recommended to the consent agenda. 22. 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. This Motion was recommended to the consent agenda. Corpus Christi Page 14 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 23. 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) This Motion was recommended to the regular agenda. 24. Engineering Design Contract for Padre Island Water and Gas 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. This Motion was recommended to the consent agenda. 25. 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). This Motion was recommended to the consent agenda. 26. 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). This Motion was recommended to the consent agenda. 27. Service Agreement for Pressure Washing of Trucks for the Solid Corpus Christi Page 15 Printed on 10/20/2016 City Council Meeting Minutes October 18, 2016 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. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. ADJOURNMENT The meeting was adjourned at 3:58 p.m. Corpus Christi Page 16 Printed on 10/20/2016 se o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of October 18, 2016 1852 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(a�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(a-).cctexas.com (361) 826-3176 =Purchase of Playground Equipment and Installation at Manuel Q. Salin=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. DEPARTMENTALCLEARANCES: 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 SC �o F U lNQRYORAiYtl 1852 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 Exerplay, Inc. Contact Charles DeBuck Address: 12001 N Hwy 14 City, State, 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 Only: 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 EXHIBIT A LOCATION MAP < `a �I14F. a�F-f - � � � "� .� ��:a\� �.•fog' _ f_ - JwaIHT i � � Y,' my "'' a`�.+rmn.ay� 1 �►4,. t°fji ru rE� v-4. b a•a�Y\•,2�=e y C RT�ISS BATES a \� ....•a�sp� �'"•'Feil �� sass'I .��!�� !'`�•'� � :R'a' !rd�.'"Ae .. . KHEE4 Kli:�"�Yd.°2'� Kms' «�.�2/ `a•"• a J}J�¢14M . _KH y � - I.c�s�.�,�:z®'aM tisk mdry.��: \ a�• r �'o!,' r�`r cine- i�y�. f o pyy ■aa�oa� faro s.� '�I''a sJ""a '. . dy S ,�Jr � � �_, � �.9Y,FAIRGHIL��S� •iJ�� aS bCa��w 1F ebh'+�f/ter)3q.�,�Se fy9f�r .. ■■ .�� � @ 1 r �•�'�",.q B'^ai.i'a... `$mac. y A�a�l ���9,1 dl ��. I 4��� � �� �i.9®i�R!&'! � � �s.• w� , <�a ,�, � yr a II R4sYAN��I11A�{ • .. 2{`f�, /)/ \ � ® ,rf• dll SgRd#R�v. fi r• .� + �N,_ a 'aa �ar� r.N. /d}� l,•r a°`A a`�w�if '�+a'pi�'I�:F Y I��.y w x t}/-�o�q�ldl� ���a `e•z'.J f• NayRJ Il, ;.la. �'. . �n�P��m�ra 3i#9�fJre 1�1.}r j1 Rs1a,� S7,a �� °5a.s•f //j 1;}r !df f 9 ®+w,�•• q,•e�",�rP r}d ff,fe !, yG IF/,- AM la fJ CF`p yp4ec�.,�}}. llf� (Up / • "gg y, r l 9�yfiJlf°/E ''ry/Id/ fdfa v .•Later 11 !f? {fis +}}1. w a°Y� a' a/y,rf f t"✓ �"'e Z e J3.j4 f °q'J,� tea~ �paE'�t ......� C4,. '� � +.. +At!,+ydr,a,,4-', a�',��,l,P� fP{�,,�awrdq,��;�.ao,►� i � ! = •fit J}} �,,-.�, �s. 4p C p � � tri '� •aae a/ If c AR ��E, `. �„ "•$�..L+.a a4'q'+..''aycr r't'.�At Ou'.• ee f "�+ w�Y �^u'.,,k 11 CID Pilo, MMIr RINI rs- -ras- ���ilil�' �I�Ib!Iiiil�ll6�11i1 - � � - � � ..�• � ti� � ��`°���'"�.�"��� `•�`���"��.o� `. lElil II Ill11l1 ■ rw P. '� aoo.�� ', N ewy _ A 9nENoaz.kl�F�.e JI � ¢ r �so,�+.�$•gr$a}yar gyV+}jy#4erQ � s a' ' a^P `�... � '��� ��. .�'r �"a4-a"0$�v 9q�{+4a��REys���j���,•� I�'��ill� 16�II�I���� �� I�°j r". $jh�►?�/1 . n� r.��$$ Ros yti j¢i 4MIae,��'p�* ,_ eLGGMNGTGN ) t i ,' I/r 4 I�.iy�ll�f 4 :IJ`L� rTRa rw n"` ��,�RfOtDr1aC,K14i���?LA�l•W4�nr�N �xwwa/�yj�g�_�A�i'}4��E�t°f+i�sd��Y�r$�ll e��°Lj��2�ltv�N/a���jaj�*��s�.NoIg�pE••p\;Y•,sa,q"dEaN.S���ttJlI4+o.M��,�t t�/►e¢a`.�xsg.����,1r�•t,ky1!�p</yy$,�j''Y1gto.=F�'Y�CiJ�!wS{�•��rdq�♦��¢r0�.1;Py�tte$�.�."yl,a�T/V>wme/$���*1k$iA„sr6� drtr _y �tM'�ERAL l6l ��$� 7440 �+ ►� H�RMUq i� N arty �`.,.. 'r+/r��l``q(�$�♦rpr� �'"'��7,y �i r t ij�t* /ap1�' $$$ RR!•:�/f y■ �fl� .aao? { Of$'`ai`I�•s I "k,:. �o kJ'�vi ,�•+ �-`ct CID ,,���'���+� jai j��i'C ' •►.�q.N)�.��'rd►��'w'A/'`rHF,�s�I���^�a�/�" �jr t ,0 o rA�'1 $$$p'.fl ”eTte�•�ys�o�Ic�!jsga�y�lar!/ lr•r'*a$ `+ z f L. "1VIL�RREALj .�f p�■lb*!v�'r�i�J,Sd! �Y! ���p� �rL�'�Od,�'•..CSF 1���IM'pm'J1 I�EanlE!FF +J�� t o��l$��� lJ$r4� I OEE m. .p s,.. r'e $�I°, sgNq $�$ �� /c�r�r soN•!+$ �/!}$}� a� ,.!?�r �1 r�► a ��'.` ,�`0 '�o�I,�$'�„NQi�i r,$�+CF�� � ;_.,. _ $JII�tfj. ,4'� �",rl/�. '°��'�I"`se�'�� `�"i= �fs`�j'P��Mr$�'j�llfi���/r�T$� ��oz/j �"":• dd�$a$/drRAR�q," �C � r o �a "'„ .ie,l� P s�ViN*+�'J`"A$ h�o►'�w•" �� r� o n 6' aft i+$� '`.•r �� Page 3 of 4 EXHIBIT B SITE MAP rea 105' 0' s Page 4 of 4 Attachment B - Schedule of Pricing PO Bax 1160 DATE NUMBER Cedar Cresk NM 87UD8-1160 Fax 505.281.0155 �x6rP y inc. 91712016 MM090216-6 Toll Free 800.457-8444 www-exerplay.com QUOTATION fTATION Quote Prepared fora Purchase Order to he Issued To: City of Carpus Christi Exerplay, Inc Manuel 'Salinas Park P(7 Box 1160 Phase 1 Cedar Crest, NIVI 87008 Fax copy of PO to 505-281-0155 SHIPPED VIA TERMS REP FOB EST. SHIP DATE Net 30 Carpus Christ ITEM DESCRIPTION QT`( COST TOTAL E Manuel Salinas Park Corpus Christi,TX LANDSCAPE STRUCTURES Phase 1 PlayBooster Per Drawing#160817D 1 44,507.00 44,507.00 1680998 Cozy Dome&2"Surface Mount 1 3,510.00 3,610.00 176457A Roller Table 1 9,800.00 9,800.00 170894A Sway Fun@)Glider(12") 1 13,550.08 13,550.00 164075A Bobble Riderm, Double 2" Surface MounL 1 1,540.00 1,540.00 173591A OmniSpin Spinner@)Surface MounL 1 6,640.00 6,640.00 1521798 Saddle Spinner 12716" 2"SM 2 995.00 1,998.90 152179B Saddle Spinner 12"-16", 2"SM 1 995.00 995.00 164074A Bobble Rider"". Single 2"Surface Mount 2 800.00 1,600.00 186490A We-saw-rm (DB Only) 1 $,615.00 $,6115.00 1946638 ZipKroozTm S0' Aluminum Posts 1 12,475.00 12,475.00 196213E ZipKroozTm Assisted Addidonal Bay 50' 1 10,415.00 10,415.00 Aluminum Posts 141683F TenderTuffm Bench 92"wfBack,wio Armrests, 3 530.00 1,590.00 2"SM 1625030 Welcome Sign, 5-12 yrs, DB 1 0.00 0.00 214430A Rhapsody"" Animato"' Metallophone Direct 1 3,790.00 3,790.00 Bury 2144-43A RhapsodyTM Goblet Drum Direct Bur; 1 1,190.00 1,190.00 2144-42A Rhapsody-m GrandiosoTm Chimes Direct Buri 1 5,590.00 5,590.00 214445A Rhapsody'" Kettle Drum Direst Bury 1 1,190.017 1,190.00 214444A Rhapsody'm Kundu Drum Direct Bury 1 1,190.017 1,190-00 2144-41A Rhapsody'"Viv€Tm Metallophone Direct Bury 1 3,890.00 3,890.00 Sulo-Total 134,067.00 Courtesy Disc... Courtesy discount -3.00° -4,022.01 Freight Freight's hipping charges 7,920.00 7,920.00 Poured-in-Place Poured-in-Place,2 colors,wit Designs, 93.,289.00 93,289.00 Delivered and Installed Courtesy Disc_._ Courtesy discount -3.00% -2,798.67 Fencing Fencing for area, Delivered and Installed 18,500.0€7 15,500.00 Install Installation of Playground Equipment 54,208.75 54,208.75 Courtesy Disc_._ Courtesy discount -3.00° -1,626.26 iote pmpared by Miche}le McKean TOTAL $299,537.81 michell eropLv_coin Attachment C - Insurance Requirements Insurance Requirements LIABILITY INSUR/,.NCE Contractor must 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 mast not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained.. Contractor mast furnish to the Risk Manager and Contract Ad ministrafor, one (1) copy of Certificates of Insura rice with applica ble policy endorsements showing the folio ing nninim um coverage by an insurance corn pany(s) acceptable to the Ride Manager or designee. The City must be listed as an additional insured for the General liability and Aute Liability policies by endorsement, and a waiver of subrogation endorsement is required on OL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed 1n Descri p#ion Box of Certificate of Insurance. TYPE OF INSURANCE MiNiMUM INSURANCE COVERAGE 30-day ad)ranc9 written no#ice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on aIQ certificates and policies. COMM (--:,E IER AL L ABI LITY .$1 ;000,000 Per Occurrence General Liability i-icluding; $2,000,000 Aggregate 1 .. Commercial Broad Form . Premises - Operations 3. Prc}duct:s/ Completed Operations 4. Contractual Liability 5. Independent Contractors . Personal Injury- Advertising Injury BUSINESS AUTOMOBILE LIABILITY $1 .000.000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WOR K ERS' COM PENS ATI ON Statutory and complies with (All States Endorsement if Company is Additional Requirements of Section not dorniciled in Testas) 3.32. Insurance Requirements. Employer's Liability $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, insures nce coverage written on an occurrence basis, by companies authorized and ad mitted 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 or as requested by the City. Contractor shall pa any costs Ir}curred 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 X 277 Corpus Christi, TX 7846' -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' liablI ty policies v ill provide a waiver of subrogation in favor of the City, and Provide 30 calendar days advance vaitten notice directly to City of any cancellation non-renewal, material change or termination in coverage and not less than ten calendar days advance writhe,} 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 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. 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 step worm hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Nothing herein contai ned shall be construed as limiting in a rry woy the extent to which Contractor may be held responsible for payments of damages to persons or properly resulting from Contractors or its subcontractor's performance of the work covered under this contract. It is agreed that contractor's insurance shall be deerneid 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 Clty'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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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 contractor's 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.do1.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 1 1 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 contractor's 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.govlwdol/scafilesfdavisbaccrVTX31.dvbW=0 General Decision Number: TX160031 01/08/2016 TX31 Superseded General Decision Number: TX20150031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Under Executive Order (EO) 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 9 01/08/2016 * SUTX1987-991 12/01/1987 Rates Fringes CARPENTER (Excluding Form Setting).........................$ 9.05 Concrete Finisher................$ 7.56 ELECTRICIAN......................$ 13.37 2.58 Laborers: Common......................$ 7.25 Utility.....................$ 7.68 Power equipment operators: Backhoe.....................$ 9.21 Motor Grader................$ 8.72 ---------------------------------------------------------------- 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)). ---------------------------------------------------------------- hffn/1-wrinl nrwlwrldkrnfi I a Jria icha mffX:i1 rivKN=n VA Page 17 of 46 ---------------------------------------------------------------- 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:liwww.wdol.gov/wdol/scafiles/davisbacon/TX31,dvb?v=p 214 Page 18 of 46 5/31!2016 - 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 7anuary 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 rape 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://www.wdol.gov/wdol/scafile-s/davisbacoritTX31.dvb?v=O 3/4 Page 19 of 46 Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http:llwww.wdol.gov/wdol/scafiIesfdavisbacor1TX31.dvb?v=0 414 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 (non metropolitan 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 10. Program Name: for each program code) Part I: Employment and Training("Columns B,C and F are mandatory fields. Include New Hires in E&F) A B C D E F Number of Number of New %of Aggregate Number %of Total Staff Hours Number of Section 3 Job Category New Hires Hires that are of Staff Hours of New Hires for Section 3 Employees Trainees Sec.3 Residents that are Sec.3 Residents and 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 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 by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low-and very low-income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Attempted to recruit low-income residents through: local advertising media,signs prominently displayed at the project site, contracts with the community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county)in 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 of Section 3 residents. Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located. 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(1)(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: 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. Line Responses For Event # 130-3 Attachment B: Bid/Pricing Schedule Company: I Supplier Group: I Supplier Contact: I Event #: 130-3 Supplier: 1498 Supplier Contact Name: Valerie Cavazos Event Name: Pressure Washing of Trucks Supplier Name: HERO Pressure Washing, LLC Line Responses Line # Item Descriptio Vendor Vendor Line Response UO Unit Price No Alternate No Bid No Bid Response Questions Is Alternate n Item Item Desc Quantity Quantity M Charge Responses Reason Exists Exist Awarded Responses Only *32 GARBAG Power 312.0000 312.0000 EA 85.00000 No No E Wash TRUCKS Auto.Garb age trucks A- UTOM ATED *33 PACKER Power 104.0000 104.0000 EA 85.00000 No No No TRUCKS Wash Rear Packer Trucks *34 REAR Power 20.0000 20.0000 EA 75.00000 No No No STEER Wash Rear- SteerTruc ks *35 TRACTO Power 16.0000 16.0000 EA 75.00000 No No No RS - Wash HAUL Haul trucks Yes No No Yes No No Yes No No Yes No No *36 TRAILER Power 18.0000 18.0000 EA 75.00000 No No No Yes No No S - HAUL Wash Haul trailers *37 TRUCKS Power - BRUSH Wash Brush trucks 68.0000 68.0000 EA 75.00000 No No No Yes No No Line Responses For Event # 130-3 continued... Line Responses Line # Item Descriptio Vendor Vendor Line Response UO Unit Price No Alternate No Bid No Bid Response Questions Is Alternate n Item Item Desc Quantity Quantity M Charge Responses Reason Exists Exist Awarded Responses Only *38 TRUCKS Power 20.0000 20.0000 EA 75.00000 No No No Yes No No - SELF Wash LOADER self - loader trucks 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 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 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 Public Hearing and First Reading for the City Council Meeting of October 25, 2016 Second Reading for the City Council Meeting of November 1, 2016 DATE: September 27, 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 1013 E. Lakeside Drive CAPTION: Case No. 0916-02 Dawn Melancon: A change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. The property to be rezoned is described as being a 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. PURPOSE: The purpose of this item is to rezone the property to allow commercial uses. RECOMMENDATION: Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS -6" Single -Family 6 District to "CG -1" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to "CG -1" General Commercial District to allow commercial uses. The proposed rezoning is consistent with the Comprehensive Plan. The property is appropriately located for commercial uses on a freeway which is appropriate for a general commercial district. The rezoning is compatible with present zoning of nearby property and to the character of the surrounding area. The rezoning is not anticipated to have a negative impact upon the surrounding property. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -1" General Commercial District is consistent with the adopted Future Land Use Map and the Flour Bluff Area Development Plan. 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application of Dawn Melancon ("Owner") by changing the UDC Zoning Map in reference to a 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, from the "RS -6" Single -Family 6 District to the "CG -1" General 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 Dawn Melancon ("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 21, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District, and on Tuesday, October 25, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Dawn Melancon ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District (Zoning Map No.034031), as shown in Exhibit "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The change of zoning does not result in an amendment to the Future Land Use Map, an element of the Comprehensive Plan. 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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-02 Dawn Melancon (1013 E. Lakeside)\Council Documents\Ordinance_0916-02 Dawn Melancon.docx Page 3 of 3 Aerial Overview 1 N Aerial At N PLANNING COMMISSION FINAL REPORT Case No. 0916-02 HTE No. 16-10000032 Planning Commission Hearing Date: September 21, 2016 Applicant & Legal Description Applicant/Owner: Dawn Melancon Representatives: Tomlinson Property Sales & Management Legal Description/Location: A 0.344 -acre tract of land out of Lot 16, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, located on the northeast corner of South Padre Island Drive (Hwy 358) and East Lakeside Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "CG -1" General Commercial District Area: 0.3444 acres Purpose of Request: To allow commercial status for sale of property. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Vacant Commercial North "RS -6" Single -Family 6 Vacant Commercial South "CG -2" General Commercial Vacant Commercial East "RS -6" Single -Family 6 Vacant Commercial West "CG -2" General Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG -1" General Commercial District is consistent with the adopted Future Land Use Map and the Flour Bluff Area Development Plan. Map No.: 034031 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 104 feet of street frontage along East Lakeside Drive, which the Urban Transportation Plan designates as a "01" Collector street. The maximum desirable average daily trips (ADT) for a designated "01" is 1,000 to 3,000 daily trips. The subject property is located on the east side of East Lakeside Drive and on the north side of South Padre Island Drive. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume East Lakeside Drive "01" Collector 60' ROW 40' paved 50' ROW 20' paved South Padre Island Drive "F1" Freeway/Expressway 400' ROW varies paved 136' ROW 153' paved 2013 E 11,563 W 11,765 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "CG -1" General Commercial District in order to market the property for commercial uses. Development Plan: There is no development plan. The applicant is proposing to rezone the property to attract potential buyers with greater opportunity on a commercially zoned property. Existing Land Uses & Zoning: The subject property is zoned "RS -6" Single -Family 6 and consists of a home on a slab foundation that burned down and an existing storage building. North of the subject property is zoned "RS -6" Single -Family 6 District and is vacant. South across South Padre Island Drive is vacant land in the "CG -2" General Commercial District. East of the subject property is vacant and zoned "RS -6" Single - Family 6 District. Land to the west is zoned "CG -2" General Commercial District and is also vacant. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan (ADP). The proposed rezoning to the "CG -1" General Commercial District is consistent with the Flour Bluff ADP and the adopted Future Land Use Plan's designation of the property as commercial. Additionally, the following are pertinent elements of the Comprehensive Plan and should be considered: • Expansion of commercial uses into or within residential areas may be permitted only if such expansion maintains or improves the residential desirability of the impacted neighborhood (Comprehensive Plan, Commercial Policy Statement D). • Facilitate infrastructure planning through a reasonable estimate of future land use and densities. (Flour Bluff Principle Objective, d.) • The City should continue to work with State and Federal agencies to balance protection of the environment with the development needs of the community. This is especially important in Flour Bluff where many public and privately owned lands contribute to the Bay area and coastal ecosystem.( Flour Bluff Policy Statement A.3) • All public and private construction should be in accordance with Federal Emergency Management Agency (FEMA) standards. Compliance with these Planning Commission Report Page 3 standards will ensure continued availability of flood insurance to the community through the National Flood Insurance Program. Public and private construction should be in accordance with State and Federal programs (e.g. Environmental Protection Agency, Army Corps of Engineers).( Flour Bluff Policy Statement A.4) Plat Status: The subject property is not platted based on the plat description. Department Comments: • The proposed rezoning complies with the Comprehensive Plan. • It is staff's opinion that the proposed rezoning would benefit the surrounding area and is consistent with the Future Land Use Plan's designation of the property as commercial. • A "CG -1" District would allow commercial development in an existing underutilized area • The property is located on a freeway, which is appropriate for a General Commercial District. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -1" General Commercial District. Vote Results For: 9 Against: 0 Absent: 0 Public Notification Number of Notices Mailed — 12 within 200 -foot notification area 1 outside notification area As of September 26, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application 3. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-02 Dawn Melancon (1013 E. Lakeside)\Council Documents\Report.docx SUBJECT PROPERTY 56 Date Created: 9/612016 Prepared By: lvetteM Department of Development Services CASE: 0916-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 DIA 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 Unit ❑ev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Sin g le -F amily 4.5 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 SubjectFroperty ^ Civ hers with200' buffer v b? favor 4 ON Hers within 200'tistedon X • Cevoers attached ownershiptable o opposdon SUBJECT PROPERTY E City of LOCATION MAP o_pus e.. 0 , i r lb r'J,iloutior _ y 7852 Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATION Office Use only Case No.: 0916-02 Map No.: 0 1 t� `� PC Hearing Date: 9-21-16 Proj.Mgr: Hearing Location: City Hall. Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. • A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. • INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Tomlinson Property Sales & Management Contact Person : Karl A. Tomlinson Mailing Address: 1234 Laguna Shores Rd city: Corpus Christi state: TX Zip 78418 Phone:3� 61 442-5192 E-mail:cell: ( 361 ) 548-0379 2. Property Owner(s): Dawn MelanconDawnPerson : Dawn Melancon Mailing Address: 10714 Padre Island Dr. S City: Corpus Christi State:TX ZIP: 78418 Phone: ( 361 548-0379 E-mail:Cell: ( 361 548-0379 3. Subject Property Address: 1013 E. Lakeside Dr. Area of Request (SF/acres): 15000 Sqft Current Zoning & Use: RS-6 Proposed Zoning & Use: Commercial CG 1 12-Digit Nueces County Tax ID: 2 4 7 A. 0 0 5 6. 1 6 5 0 Subdivision Name: FLOUR BLUFF & ENC FRM GDN TRACT Black: Lot(s): Legal Description if not platted: FLOUR BLUFF & ENC GDN TRACT .344 AC OUT OF LT 16 SEC 56 4. Submittal Requirements: ❑ Early Assistance Meeting: El Land Use Statement IF APPLICABLE: 0 Peak Hour Trip Form (if request ❑ Metes & Bounds Description with ID Appointment of Agent Form if Date Held - with City Staff of Interest 0 Copy of Warranty Deed with Future Land Use Plan) 0 Site Plan for PUD or Special Permit if property includes un-platted land (sealed by RPLS) 0 Lien Holder Authorization is not signing this form ❑ Disclosure is inconsistent exhibit landowner I certify that I have provided the City of Corpus Christi with a complete application for review; that t am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and thetio rovid d is ate. r Owner or Agent's Signature Applicant's ignature Karl A. Tomlinson Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 1 LP Received By: ADP: r r7 F15 Rezoning Fee: 1, t 0 11 - 5 D + PUD Fee -& + Sign Fee 1 .0 0 = Total Fee _ 2 No. Signs Required ,------ $10/sign Sign Posting Date: K:IDEVELOPMENTSVCslSHAREDLLAND DEVELOPMENT'APPLICATION FORMSIREZCNINGSZONING APPLICATION 2015 DOC Form Revised 5112/2015 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. Owner plans to sell the property as commercial for use as potential Bed & Breakfast, Restaurant, Office, or similar. 2. Identify the existing land uses adjoining the area of request: North - Residential South - Commercial East _ Laguna Madre West - Commercial C.IUSERSTANYAR OOOIDESKTOPIDAILY USELANNIKAILAND USE STATEMENT FOR ZONING.DOC DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Tomlinson Property Sales & Management STREET: 1234 Laguna Shores Rd CITY: Corpus Christi Zip: 78418 FIRM is:OCorporation °Partnership ()Sole Owner °Association OOther 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 NA Job Title and City Department (if known) NA 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 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 Karl A. Tomlinson CCIA Board Of Directors 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 NA Consultant NA CERTIFICATE 1 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. Title: Ynf(/QCUhf-42,/ Certifying Person: Signature of Certifying Person: Date: iS.%X KADEVELOPMENTSVCSISHAREDILAND Dk1/ELOPMENT APPLICATION FORMSREZONING5DISCLOSURE OF fNTEREST5 STATEMENT 5 12.2015,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: Dawn Melancon STREET: 10714 Padre Island Dr. S CITY: Corpus Christi zip: 78418 FIRM is:OCorporation °Partnership °Sole Owner °Association OOther 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) NA NA 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 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 NA NA 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 NA NA 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 Koff Crpus Christi, Texasas changes occur. Certifying Person: J)A&,t) /V,{ MF(Alveati Title: (Print Name) Signature of Certifying Person: AW(�i�/1�Date: KIDEVELOPMENTSVCSSHAREDILANDDEVELOPMENTVAPPLICATION FORMSREZONINGIDISCLOSURE OF INTERESTS STATEMENT 5 5,DOC D/‘ AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 25, 2016 Second Reading for the City Council Meeting of November 1, 2016 DATE: September 27, 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 7401 Holly Road CAPTION: Case No. 0916-03 Palm Land Investments, Inc.: A change of zoning from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District. The property to be rezoned is described as an 8.63 -acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. PURPOSE: The purpose of this item is to rezone the property to allow construction of residential townhouses. RECOMMENDATION: Planning Commission and Staff Recommendation (September 21, 2016): Approval of the change of zoning from the "RS -4.5" Single -Family 4.5 to the "RS-TH" Townhouse District. Vote Results For: 9 Against: 0 Absent: 0 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS - 4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District to allow construction of residential townhouses. The application and project site plan contains 64 townhouse units with access from Holly Road. The proposed rezoning complies with the Comprehensive Plan. The property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use, however, the location on a future arterial road is appropriate for medium density residential uses and townhouses help buffer single- family uses from future multifamily uses to the west. It is staffs opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. The amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan. The proposed rezoning to the "RS-TH" Townhouse District is not consistent with the adopted Future Land Use Map, however, complies with the Comprehensive Plan. 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 Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Palm Land Investments, Inc. ("Owner"), by changing the UDC Zoning Map in reference to an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse 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 Palm Land Investments, Inc. ("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 21, 2016, during a meeting of the Planning Commission when the Planning Commission recommended approval of the change of zoning from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District on Tuesday, October 25, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Palm Land Investments, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on an 8.63 acre of Flour Bluff and Encinal Farm and Garden Tracts Section 27, Lot 3, located on Holly Road, approximately 1,307 feet east of Rodd Field Road, (the "Property"), from the "RS -4.5" Single -Family 4.5 District to the "RS-TH" Townhouse District (Zoning Map No. 040033 ), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. The City's Future Land Use Map, an element of the Comprehensive Plan, is amended to designate the Property for medium 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. 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 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-03 Palm Land Investments, Inc. (Sandy Creek)\Council Documents\Ordinance_0916-03 Palm Land Investments, Inc.docx Page 2 of 2 Aerial Overview Subject Property N 1 1 Aerial Townhouse Site Plan A II -- eletC112 CV C. resi•mffir. i Full Site Plan HOLLY ROAD DITCH #29 PLANNING COMMISSION FINAL REPORT Case No. 0916-03 HTE No. 16-10000034 Planning Commission Hearing Date: September 21, 2016 Applicant & Legal Description Applicant/Owner: Palm Land Investments, Inc. Representatives: Urban Engineering -Victoria Legal Description/Location: An 8.63 -acre tract of land out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Holly Road, approximately 1,307 feet east of Rodd Field Road. Zoning Request From: "RS -4.5" Single -Family 4.5 District To: "RS-TH" Townhouse Area: 8.63 acres Purpose of Request: To allow construction of 64 residential townhouses with single ingress/egress from Holly Road. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -4.5" Single -Family 4.5 Estate Residential and Vacant Low Density Residential North "RS -6" Single -Family 6 Low Density Residential Low Density Residential South "RS -4.5" Single -Family 4.5 Vacant Low Density Residential East "RS -4.5" Single -Family 4.5 Low Density Residential Low Density Residential West "RM -3" Multifamily 3 and "RM -1" Multifamily 1 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses on Holly Road. The proposed rezoning to the "RS-TH" Townhouse District is not consistent with the adopted Future Land Use Map. Map No.: 040033 Zoning Violations: None Transportation Transportation and Circulation: The subject property is located on the south side of Holly Road approximately 1,307 feet east of Rodd Field Road. The subject property has approximately 533 feet of street frontage along Holly Road, which the Urban Transportation Plan designates as an "Al" Minor Arterial Undivided street east of Rodd Field Road. The maximum desirable average daily trips (ADT) for a designated "Al" is 15,000 to 24,000 daily trips. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Holl Rd. y "A3" Primary Arterial Divided 130' ROW 79' paved 85' ROW 20' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -4.5" Single - Family 4.5 District to the "RS-TH" Townhouse District to allow the construction of 64 residential townhouses with access to Holly Road. Development Plan: The proposed rezoning is located south of Rodd Place Unit 2 and west of Sandy Creek Unit 1. The applicant is proposing residential townhouses on an 8.63 -acre tract of land. The townhouse project is proposed to consist of 64 units. The "RS-TH" District contains a maximum density of 13 units per acre, which would allow a maximum of 112 dwelling units on the subject property. At a minimum, the Unified Development Code would require a 10 -foot wide front yard. A minimum 10 -foot wide buffer yard plus at least 10 points based on the points listed in the table shall be required along the property lines abutting the "RM -3" Multifamily 3 District. No buffer yard is required between Townhouse and Single -Family zoning districts. The site is proposed to have a single ingress/egress access point from Holly Road. Existing Land Uses & Zoning: The subject property is zoned "RS 4.5" Single -Family 4.5 and consists of one abandoned estate residential use. North of the subject property, across Holly Road, are low density residential uses zoned "RS -6" Single - Family 6. South and east of the subject property is vacant land zoned "RS -4.5" Single - Family 4.5 District for the new Sandy Creek Subdivision. West of the subject property is vacant and zoned "RM -3" Multifamily 3 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS-TH" Townhouse District is not consistent with the adopted Future Land Use Plan's designation of the property as low density residential. The following are pertinent elements of the Comprehensive Plan that should be considered: • New development should occur in a pattern which is cost effective. The City should encourage new development where services can be provided economically and, wherever possible, promote contiguous development. (Policy Statement, General Policy Statement D) • Encouraging infill development on vacant tracts within developed areas. (Policy Statements, Residential Policy Statement F) • Locating medium -density residential development along a collector street with convenient access to an arterial street. (Policy Statements, Residential Policy Statement H) Planning Commission Final Report Page 3 • The density of development in an area should be directly related to the design capacity of the infrastructure. (Policy Statements, Land Use Policy F) • Each neighborhood of the City shall be protected and/or improved so as to be a desirable and attractive residential environment. (Policy Statements, Residential Policy A) • High Density residential development (more than 21 units per acre) should be located with direct access to arterials. (Policy Statements, Residential Policy Statement E) • Providing for a compatible configuration of activities with emphasis on accommodation of existing zoning patterns and the protection of low-density residential activities from incompatible activities (Southside ADP Policy Statement B.1) Plat Status: The subject property is not platted. Department Comments: • The proposed rezoning complies with the Comprehensive Plan. • The property to be rezoned is not consistent with the Future Land Use Plan's designation of the property as a low density residential use, however, the location on a future arterial road is appropriate for medium density residential uses and townhouses help buffer single-family uses from future multifamily uses to the west. • It is staff's opinion that the rezoning will not have a negative impact upon the surrounding neighborhood. • The amendment is compatible with the present zoning and conforming uses of the surrounding area and is suitable for uses permitted by the proposed zoning district. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -4.5" Single -Family 4.5 to the "RS-TH" Townhouse District. Vote Results For: 9 Absent: 0 Abstained: 0 Public Notification Number of Notices Mailed — 16 within 200 -foot notification area 4 outside notification area As of September 26, 2016: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.0% of the land within the 200 -foot notification area in opposition. Planning Commission Final Report Page 4 Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Site Plan 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\0916-03 Palm Land Investments, Inc. (Sandy Creek)\Council Documents\Report.docx G-2 RM RM -3 F6111-1100 800 Feet Date Created: 9/8120 Prepared By: ivetteM Department of Development Services CASE: 0916-03 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 DIA 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 Unit Dev. Overlay RS -10 Single -F amily 10 RS -6 Single -Family 6 RS -4.5 Sin g le -F amily 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit RV Recreational Vehicle Park RMH Manufactured Horne Subject Property ^ in with 200' Suffer v e7 favor ners 4 ay ners with do 200'tis[ed on y GW ners attached ownersh, [able /t ifi opposition SUBJECT ROPERTY r.M carp Der °6O LOCATION MAP m CIM rr 912: O FF` FPF r r.rr fikat auras IF11712C1 1rlIYrlralrlulrl HOLLY ROAD f dtliirPTINI7t5F5..• .... r T 11 10 11 2, 21 11 is 12 12 17 is 7 22 22 22 2a 2T L 7a 1 71 1 71 i ' a140 A4 fr EIE ®u 10 17 12 En EN Ell 21 11 - 12 17 2a 22 ti A 21 u 45 44 11 4 Ia 27 K 2s 21 4c* 2..‘f EIN 21 y, 21 72 DITCH #29 Development Services dept. P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street RF ONING APPLICATION Case No. 1016-03 Map No.: 040033 PC Hearing Date: Sept. 21, 2016 Prej.Mgr: Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Hearing Time: 5:30 p.m. A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING, INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant: Urban Engineering - Victoria Mailing Address:2004 N. Commerce St. Contact Person : Ray M. Bridges, P.E. (Agent) city: Victoriastate: TX ZIP: 77901 Phone: ( 361 ) 578-9836 E-mail: Cel: ( 3+51 )576 9836 2. Property Owner(s): Palm Land Investments, Inc. Mailing Address: 5949 La Costa Drive Contact Person : Dan Caballero/President City: Corpus Christistate: TX ZIP: 78414 Phone: (361 ) 994-2860 E mail: Cell, ( 361 ) 994-2860 3. Subject Property Address: Holly Road Current Zoning €i< Use: RS -4.5 Single Family 4.5 Area of Request (SF/acres): 376,039 sf/8.63 acres Proposed Zoning & UseRS-TH Townhouse 12 -Digit Nueces County Tax ID 2476 0027 0032 & 2476-0027-0033 Subdivision Name: NIA Block: Legal Description if not platted: See attached Metes & Bounds with Exhibit Lot(s): 4. Submittal Requirements: ❑■ Early Assistance Meeting: Date Held 5125(16 , with City Staff Leticia Kanmore, MPA �■ Land Use Statement IF APPLICABLE' L■ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ® Disclosure of Interest ❑i Copy of Warranty Deed L Site Plan for PUD or Special Permit • Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) D Lien Holder Authorization • Appointment of Agent Form if landowner is not signing this form I cerci that I have provided the City of Corpus Christi with a complete application_forreview:_that Lacn authorized to initiate this rezoning as or behalf o Properly Owner(s); are•tt"ie informatiriii p ovided is v Owner or Age is Signature � °Z4iii Dt5 Owner or Agent's Printed Name Applica ignature 14-9 `/ / Applicant's Printed Name Office Use Only: Dale Received: 8/25/16 Rezoning Fee: 1692.50 + PUD Fee 0 Received By: BLP + Sign Fee 10.00 No. Signs Required 1 @ $10/sign Sign Posting Date: ADP: = Total Fee 1702.50 KLDEVELOPMENTSVCSISHAREDIL.ANO DEVELCPMENnAPPLICATION FORJ4Sl$EZONING\ZoNING APPLICATION 20 DOC Form Revised 512/2015 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 property is located south of Holly Road and approximately 1,400 feet east of Rodd Field Road. This tract, which is a portion of the Sandy Creek residential development, is currently zoned RS -4.5 Single Family Residential, and the owner requests to rezone the tract as TH Townhouse. The owner plans to construct 64 residential townhouse dwelling units with single ingress/egress from Holly Road. One residential unit is currently located on the tract but will be demolished. 2. Identify the existing land uses adjoining the area of request: North - Holly Road & Single Family Residential (Rodd Place Unit 2) South - Ditch 29 & Single Family Residential (Morningstar Estates Unit 3) East - Single Family Residential (Sandy Creek Unit 1) West - Undeveloped Agriculture Property C:\USERS\TANYAR.000\DESKTOP\DAILY USE\ANN KA\LAND USE STATEMENT FOR ZON NG.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Ray M. Bridges, P.E. - Urban Engineering -Victoria Mailing Address: 2004 N. Commerce St. City: Victoria State: TX Zip: 77901 Home Phone: ( ) Business Phone: L361 ) 578-9836 CeII: 361 ) 550-3778 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. 1 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 communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other Iegal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference f4 ft LL f9 LL -i1 herein to , my , O_�rneis a referents tifthe entity. *Signature of Agent: -``_ Title: Vice President Printed/Typed Name of Agent: Ray M. BridgeDate: *Signature of Property Owner: Title: President Printed/Typed Name of Property Owner: Dan Caballero Date: *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, D. W. Brown.APPOINTMF NT OE AGF NT2. 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: Palm Land Investments, Inc. STREET: 5949 La Costa Drive crry: Corpus Christi zip: 78414 FIRM is: 0 Corporation °Partnership ()Sole Owner ° Association 0 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 NA 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 NA Title 3o 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 NA 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 NA Consultant CERTIFICATE 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 Caballero (Print Name) Title: Pl'fs@denL Signature of Certifying Person: Date: t H:LWEVELOPMENTSVCSISHAflEOILANOOEVELOPMENTIAPPI.ICATION FORM5IREZONINGIAISCLOSLIRE OF INTERESTS STATEMENT_5 12. c1i5.60C 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 - Victoria STREET: 2004 N. Commerce St. CITY: Victoria zip: 77901 FIRM is: ® Corporation ()Partnership Q Sole Owner C 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 NA 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 NA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 39/ or more of the ownership in the above named "firm". Name NA 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 NA 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. Ray M. Bridges Certifying Person: (Print Name)_ Signature of Certifying Person: Title: Date: Vice President I<.4DEVELOPMENTSVCSISHAREDILAND DEVELOPMENTIAPPLICATION FORMSLREZONING\DISCLCSURE OF INTERESTS STATEMENT 5.12.2015.DOC e. f]et'etnpmtnl Services 21(16 Lenjsrrd Street, Corpus Christi, T\ 78408 l'hinttel (3( 1)'S2(,-32-10 tintu (Lt_.os vorn PEAK HOUT TRAFFIC (PDT) FORM A Traffic impact Ancil}sis (1 LA) detertniriaiion !MIST 112 made prior to the submittal ninny rezoning application, site plan or sircel closure request. The Peak [-sour Traffic Generation (PM ) Form is required to be completed liar developments that are projected to contain 500 or fewer weekday peat. liner (A.M. or P.M.) trips (ULC Section 3.29.44). Properly Aclriress holly Road Legal Description (Subdivision, Lot, Biotic). See attached Hetes and Sounds Applicant Name: Me, Engineering - Victone Address: 2004 td Commerce 5t. Telep hone: 361-579.9836 Email City/Slate/'Lip: Victoria, TX 77901 Application Status (Select One): El Rezoning 0. Site Pinii Slrcet Closure Existing Land Use ['incl Acres .`Lr Unit of Measure inning. Land Use 1T.E Code A.h,l. Trip Rate I'ettk A.M. Trips P.M. Trip Iintc Peal: P.M, ']gips J 8.23 Dwer irg 1frds - 32 R5•4 5 Sallie Farm f 21Q 0 71 25 1.42 { �L+7,u-b17 (IA '4416-‘tif Traci Acres unit el Measure tarviisp Land Use I '1- E. Corin A.M. 'Trip Rate Teak A.M. 'I'rips I'.M. °I rip [trite i'etk P.M. Trips 829 Ehiellirry Unis • 64 TH Townhousa 230 0.44 28 0.52 Total 78 Total Abutting Streets 01, La ir5 Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) Holly Road Yes 20' exist (60' future) _ 80 Far City Use Only A 'l rabic Impact Analysis IS required. The consultant preparing the IV must meci with the City to discuss the scope and requirements of the analysis mar to beginning the TTA. A Trafiic Inlpacl fLtalysis is NOT required. The pi opined traffic generated does 1101 Eloxceerl Ilie established threshold. ThcTaaflic Impact Analysis has been tvaivt:d for the following rent:mi.$); Rcvictccd fly: (yam Dare: 4Ji/ Noe This completed and reviewed firm must accompany an) subsequent application for the Ifl1 N 1 ICAM. pneei. CIANGES 101h proposed project will rcquirr a new TUI determination to be made. +Al EXHIBIT "A" 8.63 ACRE ZONING TRACT THE STATE OF TEXAS} THE COUNTY OF NUECES} BEING a 8.63 Acre Zoning Tract situated in the City of Corpus Christi, Nueces County, Texas, out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts according to the established map or plat thereof as recorded in Volume "A", Pages 41-43 of the Map Records, Nueces County, Texas, being all of a called 4.00 acre tract of land, Exhibit "A", and a portion of a called 55.26 acre tract of land, Exhibit "B", described by Special Warranty Deed dated May 24, 2013, conveyed from Margo Lyn Moore to Palm Land Investments, Inc. as recorded in Document No. 2013020672 of the Official Public Records, Nueces County, Texas, said 8.63 acre tract being more particularly described by metes and bounds as follows: BEGINNING at the north corner of the aforesaid 4.00 acre tract, being along the current southwesterly right-of-way line of Holly Road, and being along the southeast line of the certain tract of land described as Tract 2, conveyed to Christy Peterson Brown as recorded in Document No. 811190 of the Official Public Records, Nueces County, Texas for the north corner of the herein described tract; THENCE, South 61°23'01" East, along the southwesterly right-of-way line of said Holly Road, a distance of 520.31 feet for the east corner of the herein described tract; THENCE, departing the southwesterly right-of-way of said Holly Road, over and into the remainder of the aforesaid 55.26 acre tract, the following four (4) courses and distances: • South 28°36'58" West, a distance of 148.51 feet for a point of curvature to the left for the herein described tract; • with a curve turning to the left, having an arc length of 54.56 feet, with a radius of 60.00 feet, with a delta angle of 52°06'06", having a chord bearing of South 02°33'55" West, and a chord length of 52.70 feet; • South 28°36'58" West, a distance of 502.65 feet for the south corner of the herein described tract; • North 61°23'02" West, a distance of 545.26 feet to a corner being along the northwest line of said 55.26 acre tract and along the southeast line of said Brown Tract for the west corner of the herein described tract; THENCE, North 28°45'53" East, along the northwest line of said 55.26 acre tract and said 4.00 acre tract, with the southeast line of said Brown Tract, a distance of 698.52 feet to the POINT OF BEGINNING, CONTAINING within these metes and bounds a 8.63 acre tract of land, more or less. Basis of bearing is based on the Texas State Plane Coordinate System (NAD 83), South Central Zone (4204). Reference is made to that Plat accompanying this Legal Description. The foregoing legal description and accompanying survey plat were prepared from an actual survey made on the grou r • under my sup ion in August, 2016 and are true and correct to the best of my knowledge and belief. Urb. Surveyi g, Inc. �i 2 Ili" By: erry T. Ruddick ` Registered Professional Land Surveyor Texas No. 4943 E21642.00 t.., orifjprvr f r. 40".TERRY T. RUDDICK %.40 4943 �j: %..,�. ssloP ' 0 300 600 GRAPHIC SCALE IN FEET CURVE RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH C1 60.00' 54 56' 52'06'06" 5 02`33'55" W 52 70' Morningstar Estates Unit 3 Morningstar Estates Unit 2 Morningstar Estates Unit 1 Lot 1, Block 1 St. Helena Church Tract MARGOL YNMOORE TO PALM LAND INVESTMENTS /NC SPEC/AL WARR4NTYDEED DOC.#2013020672 OFF/C/AL PUBLIC RECORDS EXHIBIT 'R" REMAINDER OF 55:26 ACRES LINE BEARING DISTANCE L1 S 28'36'58" W 148.51' BILL ✓ BROWN TO CHR/STY PETERSON BROWN DEED DOC#811190 OFF/C/AL RL/L/C RECORDS TRACT 2'LOTS 1 S2 SECT/ON27 N 28°45'53" E 698.52' 8.63 Acres 376039 Sq. Feet Zonino Tract MARGOL YNMOORE 70 PALM LANO/NVESTMENTS, /NC. SPECIAL WARRANTY" DEED DOC#201302067.2 OFF/C/AL PU8L/C RECORDS EXH/B/T f7" CALLEO4.O ,4CRES S 28°36'58" W 502.65' J MARBLE DRIVE 3ANCI 31INV JD L1 3nl J4 N3 10 318VS POINT OF BEGINNING 6£'039 3 „60e£Zo69 MMW CHEU ©HELaos 1— —WCM,U 6i39 PLYM 024 PLau G°.sisn G3©3 TORRENTE DRIVE EXHIBIT "B" - SKETCH TO ACCOMPANY BEING a 8.63 Acre Zoning Tract situated in the City of Corpus Christi, Nueces County, Texas, out of the north portion of Lot 3, Section 27, Flour Bluff and Encinal Farm and Garden Tracts according to the established map or plat thereof as recorded in Volume "A", Pages 41-43 of the Map Records, Nueces County, Texas, being all of a called 4.00 acre tract of land, Exhibit "A", and a portion of a called 55.26 acre tract of land, Exhibit "B", described by Special Warranty Deed dated May 24, 2013, conveyed from Margo Lyn Moore to Palm Land Investments, Inc. as recorded in Document No. 2013020672 of the Official Public Records, Nueces County, Texas. avO2i 1A1-1OH S380V NOIONIX31 usi URBAN SURVEYING INC. VICTORIA, TEXAS (361) 578-9637 CUERO, TEXAS (361) 277-9061 SAN ANTONIO, TEXAS (210) 267-8654 DRAWN BY: MKW FIRM # 10021100 FIRM # 10021101 FIRM # 10193843 JOB NO.: E21462 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 (Development Services and Fire Department), 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. The City spent $491,949.07 on security services over the past year under the current contracts. The new contract includes additional facilities not covered by the existing contracts, such as the O.N. Stevens Water Plant and the Corpus Christi-Nueces County Public Health District due to recent security concerns at both of these facilities. In addition, the contract hours have been adjusted to reflect the updated scope of work and requirements for all facilities. 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 Uniformed Security Guard Services RFP 152 Proposal Evaluation l� Eddie Garza Security - Corpus Christi, TX Alpha Group Security LLC Angleton, TX Park & Associates Investigations - Corpus Christi, TX Blackstone Security Services, Inc. - Sugarland, TX AMTEX Security Inc. - Corpus Christi, TX Champion National Security - Richardson, TX BasE Security & Fire Consultants, LLC. - Rosenberg, TX Premier Protective Services - Cleveland, OH Securitas Security Services USA, Inc. - Austin, TX Vets Securing America, Inc San Antonio, TX Evaluation Criteria Minimum Qualifications Pass Fail Pass Fail Pass Pass Pass Fail Fail Fail Licensing Required 1 year in business, plus contact information No outsanding lawsuits during last 5 years No outsanding regulatory issues last 5 years No current litigation ith the City during the last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points) 32 30.5 46 45 48 Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Interview Technical Proposal (30 points) 0 0 19.25 22.75 29 Experience (18 points) Team Experience (18 points) Understanding of Project Scope (14 points) Price 20 17 18 Price (20 points) Total 32 0 30.5 0 85.25 84.75 95 0 0 0 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: October 12, 2016 TO: FROM: Margie C. Rose, City Manager Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Certification of 2016 Tax Levy CAPTION: Motion approving the 2016 Property Tax Levy of $114,816,809.63 based on the adopted property tax rate of $0.606264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. PURPOSE: Approval of the certified tax levy by the governing body is required by the Texas Property Tax Code and is the last step in complying with the "Truth -in -Taxation" guidelines as it relates to the adoption of a property tax rate and the assessment of property taxes. BACKGROUND AND FINDINGS: The Texas Property Tax Code establishes rules for approval of the property tax levy. Section 26.09(e) of the Code requires the tax assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current property taxes to be collected for the fiscal year (FY), which is derived by applying the adopted property tax rate to the certified appraisal roll. The property tax levy for 2016 that is based upon a property tax rate of $0.606264 per $100 valuation and a taxable value of $19,565,729,131 is as follows: Tax Levy $73,724,841.31 44,895,130.75 $118,619,972.06 136,438.43 (3,939,600.86) $114,816,809.63 Component Supporting the City's maintenance and operations ($0.376806) Supporting the City's debt service ($0.229458) Add: Net Late Rendition Penalty — Personal Property Accounts Less: Over-65/Disabled Homestead Frozen Levy Loss 2016 Ad Valorem Tax Levy As can be seen above, additional revenue for a late rendition penalty on personal property accounts is considered in the computation of the tax levy. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount of the penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. Additionally, the over-65/disabled homestead tax freeze is an important factor in the computation of the tax levy. Fiscal year 2016-2017 reflects the effect of the twelfth year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze as compared to prior years is reflected in the following table: Fiscal Year Levy Loss FY 2016-2017 $ 3,939,600.86 FY 2015-2016 $ 3,265,194.37 FY 2014-2015 $ 2,246,329.44 FY 2013-2014 $ 1,579,763.73 FY 2012-2013 $ 1,225,650.00 FY 2011-2012 $ 1,508,251.05 FY 2010-2011 $ 1,663,133.81 FY 2009-2010 $ 1,740,803.00 FY 2008-2009 $ 1,500,521.56 FY 2007-2008 $ 1,210,235.01 FY 2006-2007 $ 650,650.57 FY 2005-2006 $ 396,701.13 It should also be noted that property taxes budgeted in the FY 2016-2017 budget were based on the net appraised property values certified by the Nueces County Appraisal District of $19,517,112,807 — made up of 100% of the values of the properties not under protest and 85% of the values of the properties under protest. The total taxable values certified by the Nueces County Tax Office of $19,565,729,131 include 100% of the values of the properties not under protest and 100% (versus 85%) of the properties under protest. This accounts for the $48,616,324 increase in assessed values certified by the Nueces County Tax Office. In the FY 2016-2017 budget adopted by the City Council on September 20, 2016, the total property tax levy budgeted in all funds (General Fund, Debt Service Fund, Reinvestment Zone #2, and Reinvestment Zone #3) was $111,563,578. When comparing this figure to the certified ad valorem tax levy of $114,816,810, the collection rate certified for the year must be considered. The collection rate certified by the Nueces County Tax Office for FY 2016-2017 is 100%, but a more conservative collection rate of 97.5% was used in the calculation of property tax revenue in the City's operating budget. By applying a 97.5% collection rate to the certified levy, the resulting "net" levy is calculated to be $111,851,310 — which is $287,732 more than the total ad valorem tax revenue adopted in the FY 2016-2017 budget of $111,563,578, a difference of less than 0.26%. Therefore, no budgetary adjustments for the FY 2016-2017 ad valorem tax revenue are needed at this time. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ 111,563,578 $ - $ 111,563,578 Encumbered/Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ 111,563,578 $ - $ 111,563,578 FUND(S): 1020 "General Fund" $ 67,845,000 2010 "Debt Service Fund" $ 41,314,000 1111 "Reinvestment Zone #2" $ 1,800,000 1112 "Reinvestment Zone #3" $ 604,578 COMMENTS: Not applicable RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Certification of Tax Levy for the Tax Year 2016 Nueces County Courthouse 901 Leopard, Suite 301 Corpus Christi, TX 78401 Kevin Kieschnick Assessor and Collector of Taxes CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2016 CITY OF CORPUS CHRISTI Total Appraised Value @ 100% of Market Value Less: Partial Exemptions Ag -Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2016 Adopted Tax Rate 2016 Ad Valorem Tax Levy Less: Over-6'5/Disabled Homestead Frozen Levy Loss Plus: Late Rendition Penalty - Personal Property Accounts Less: 5% of Late Rendition Penalty to the Appraisal District Plus: Late Ag Penalty 2016 Total Ad Valorem Tax Levy $ 25,607,749,208 $ 6,042,020,077 $19,565,729,131 100% $19,565,729,131 .606264 /$100 $ 118,619,972.06 $ 3,939,600.86 $ 142,553.71 $ 7,127.69 $ 1,012.41 $ 114,816,809.63 Submission of the Tax Levy for 2016 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Kevin Kieschnick Nueces County Tax Assessor-Colle for SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this ay of September, A.D., 2016.. LETICIA T. ACEVEDO _ Notosy Public, State of Texas My Commission Expires July 27, 2017 Administration (361) 888-0307 (361) 888-0308 THE STATE OF TEXAS COUNTY OF NUECES Notary Public, State of Texas The Tax Levy is hereby approved by the. City of Corpus Christi City Council on this A.D., 2016 ATTEST: City Secretary, City of Corpus Christi For information contact: voice ,fax Motor Vehicle (361) 888-0459 (361) 888-0482 day of Mayor, City of Corpus Chrsiti Property Tar (361) 888-0230 (361) 888-0218 Voter Registration (361) 888-0404 (361) 888-0339 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: October 12, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Reimbursement Resolution for Utility System Revenue Bonds CAPTION: Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for the prior lawful expenditure of funds from the proceeds of one or more series of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. PURPOSE: The City plans on issuing up to $115,000,000 of utility system revenue bonds to fund the Fiscal Year 2017 Capital Improvement Program (CIP). In the event that expenses are incurred prior to the receipt of bond proceeds, this resolution gives the City the authority to reimburse itself from bond proceeds for qualifying expenditures. BACKGROUND AND FINDINGS: With the beginning of the new fiscal year, it is the City's intent to fully fund the utility projects outlined in Year 1 of the Fiscal Year 2017 CIP with utility system revenue bonds. Included in these bonds will be funding for capital expenditures associated with (i) constructing, improving, enlarging, repairing, and extending the City's combined utility system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs). In order to adhere to the time schedules to ensure timely completion of these projects, the City must move forward with contracts prior to the completion of the final closing on the bonds. These amounts will not exceed $115,000,000. For the City to be eligible for reimbursement of any expenditures incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - Debt Payments - - - - Encumbered/Expended amount of (date) - - - - This item - - - BALANCE - - - - FUND(S): COMMENTS: None RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF IN AN AMOUNT NOT TO EXCEED $115,000,000 FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF ONE OR MORE SERIES OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING IMPROVEMENTS TO THE CITY'S COMBINED UTILITY SYSTEM; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing, improving, enlarging, repairing, and extending the City's combined utility system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of taxable or tax-exempt obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $115,000,000 to finance a portion of the costs of the Project; and 82465314.2 WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof') or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds," as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such 82465314.2 - 2 conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 82465314.2 [The remainder of this page intentionally left blank] -3 PASSED, ADOPTED AND APPROVED on this the 1St day of November, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 1St DAY OF NOVEMBER, 2016: Miles Risley, City Attorney 82465314.2 S-1 THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 1st day of November, 2016, relating to establishing the City's intention to reimburse itself in an amount not to exceed $115,000,000 for capital improvements to City property, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 1st day of November, 2016. City Secretary (CITY SEAL) 82465314.2 S-2 The foregoing resolution was passed on this the 1st day of November, 2016, by the following vote: Nelda Martinez Rudy Garza Carolyn Vaughn Michael T. Hunter Brian Rosas Chad Magill Lucy Rubio Mark Scott Colleen McIntyre PASSED AND APPROVED, this the 1st day of November, 2016. ATTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 82465314.2 S-3 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: TO: October 18, 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 Agreement Wesley Seale Dam Instrumentation Testing and Replacement CAPTION: Motion authorizing the City Manager, or designee, to execute a contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. PURPOSE: The purpose of this agenda item is to execute the contract for professional services with Freese and Nichols, Inc. for the Wesley Seale Dam Instrumentation Testing and Replacement project. CIP DESCRIPTION: Wesley Seale Dam Instrumentation Testing and Replacement This project provides for improvements to the original instrumentation system including annual safety inspection, integration with O.N. Stevens Water Treatment Plant process controls, the Howell-Bunger Valve, the downstream sluice gates, and the dewatering system, in response to previous inspection and priority investment recommendations into the system. This project will protect the integrity of the Wesley Seale Dam system (1957), to provide for proper inspection and updated regulatory reports per Texas Commission on Environmental Quality (TCEQ). BACKGROUND AND FINDINGS: This project provides for the five-year inspections of the conditions and operations as required by the Texas Commission on Environmental Quality (TCEQ) regulatory requirements for high hazard dams. The final report will include recommendations for short and long-term maintenance and prioritized repairs based on funding, need and cost effectiveness. The dam was constructed in 1958 with three earthen embankment sections, two 40 -foot -high concrete spillways and the outlet tower. The concrete spillways include 60 crest gates that protect from uncontrolled water overtopping the dam during large storm events. The outlet tower includes seven sluice gates and a 48 -inch diameter low flow release valve. Three of the sluice gates provide for the intake (upstream) to the tower and three outfall (downstream) gates. The seventh sluice gate serves as maintenance of the 48 -inch low flow release valve. The valve provides the optimal controlled low flow release. The sluice gates serve as redundant controlled low flow and maintenance of the valve. The outlet tower provides the municipal/industrial water supply, downstream water rights, and freshwater releases required under the agreed order. The sluice gates and the 48 -inch valve are beyond their service life and need replacement to ensure continued reliable operations. The crest gates also require improvements for the protective coating system, seals, and miscellaneous structural repairs. This project also provides for a feasibility study to replace the dewatering system that is required for the maintenance to the crest gates. The previous dewatering system was decommissioned in 2008. The planned improvements include the following: • Wesley E. Seale Dam safety inspection and reports with prioritized list of maintenance and repair actions • Inspection of the salt water barrier dam (Calallen Reservoir Dam) • Sluice gates and Howell-Bunger valve replacement (Phase 2) • Wesley E. Seale Dam dewatering system study Freese and Nichols was selected as the Consultant Engineer through the Request for Qualifications 2012-03 Bond Issue 2012 and CIP Projects. ALTERNATIVES: 1. Authorize the execution of the contract. 2. Do not authorize the execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: N.A. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: Operating ❑ Revenue ® Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Budget & Expenditures Current Year Future Years TOTALS Line Item Budget $850,600 $2,000,000 $3,000,000 $5,850,600 Encumbered / Expended Amount $50,600 $50,600 This Item $447,020 $447,020 Future Anticipated Expenditures This Project $1,552,980 $3,669,986 $5,222,966 BALANCE $800,000 $0 ($669,986) $130,014 Fund(s): Water Supply CIP #4 Comments: This contract will result in an expenditure not to exceed $447,020. RECOMMENDATION: City Staff recommends approval of the contract for professional services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $447,020 for the Wesley Seale Dam Instrumentation Testing and Replacement project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET WESLEY SEALE DAM INSTRUMENTATION TESTING AND REPLACEMENT FUNDS AVAILABLE: Prior Water CIP $ 2,850,600 Future Water CIP 2018 and 2019 3,000,000 Total Funds Available $ 5,850,600 FUNDS REQUIRED: Construction: Construction (TBD) $ 4,200,000 Construction Contingency (10%) 420,000 Construction Observation & Testinc7: Construction Observation Estimate (TBD) 175,518 Construction Materials Testing (TBD) 175,518 Desicin: Master Services Agreement (Freese and Nichols, Inc.) THIS ITEM 447,020 Reimbursements: Total Reimbursements. 302,530 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 117,012 Engineering Services (Project Mgmt/Constr Mgmt) 175,518 Misc 10,000 TOTAL $ 5,720,586 PROJECT BUDGET BALANCE $ 130,014 81 Mikeska Swinney Sw tch Dinero Mt Lucas Lake Corpus Christi Lake City Project Location Westdale K -Bar Ranch VICINITY MAP Orange O SCALE Argenta Tynan Mathis Mathi= San Patticio Project Number: 8663 Wesley Seale Instrumentation Testing and Rehabilitation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT NO. 8663 WESLEY SEALE DAM INSTRUMENTATION TESTING AND REHABILITATION 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 North 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 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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 $447,020. 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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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:\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT\CONTRACT\CONTRACT.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. lo• 13•1co J.H. Edmonds, P.E. Date on Guzman, P.E. Date Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401 (361) 561-6500 Office (361) 561-6501 Fax rg@freese.com RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Project Name Wesley Seale Dam Instrumentation Testing and Replacement Project Number 8663 Accounting Unit 4093-063 Account 550950 Activity 180548 -01 -4093 -EXP Account Category 50950 Fund Name Water 2013 RVBD This is the original contract for $447,020 K \ENGINEERING DATAEXCHANGE\JENNIFER\WATER\8663 WESLEY SEALE INSTRUMENTATION TESTING AND REPLACEMENT \ CONTRACT\CONTRACT DOC Page 11 Rev. 07/16 FREESE r-� NICHoLS Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 October 13, 2016 Mr. Daniel Deng Senior Project Manager Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 www.freese.com RE: Proposal for Engineering Services for Wesley E. Seale Dam to support: Wesley E. Seale Dam and Calallen Reservoir Dam Safety Inspection and Reporting Wesley E. Seale Dam Sluice Gate Rehabilitation, Phase 2 Wesley E. Seale Dam Dewatering System Study Mr. Deng: Freese and Nichols, Inc. (FNI) is pleased to submit this revised professional services proposal as the basis for a lump sum engineering services contract. This effort will consist of providing dam safety inspection and reporting services as well as PS&E services to support the City's procurement and installation of new downstream sluice gates, a Howell-Bunger Valve, electrical actuators for gate and valve control, and associated electrical improvements required on the outlet tower to support the new equipment. In addition, services under this contract would include a study of up to two (2) alternatives for dewatering the crest gates. The following sections present a more detailed narrative of the basic services to be provided by FNI for Wesley E. Seale and Calallen Reservoir Dams. BASIC SERVICES Dam Safety Inspection and Reporting TCEQ requires High -Hazard dams, such as Wesley E. Seale Dam, to be inspected every 5 years. The last recorded Dam Safety Inspection of Wesley E. Seale Dam was completed in 2008. The last recorded Dam Safety Inspection of Calallen Reservoir Dam was completed in 1990. FNI will perform an engineering inspection and prepare reports to help the City comply with TCEQ Dam Safety criteria. The inspection will help assess possible evidence of dam safety deficiencies and provide valuable information for its operation and maintenance. The team for the field inspection will consist of heavy civil, structural, mechanical, and electrical engineers. FNI will utilize knowledge of the facilities and previous work in performing our services. Historical and record data included in previous reports will help form the basis of the inspection report. Upon receipt of authorization, FNI will render the following professional services for this Dam Safety and Reporting: A. Project Management, Meetings, and Data Assembly: 1. Establish project and manage schedule and work execution. 2. Coordinate information between FNI and City. EXHIBIT A Page 1 of 8 Mr. Deng Page 2 October 13, 2016 3. Coordinate Quality Control (QC)/Quality Assurance (OA) by FNI Senior Management and Technical Staff. 4. Develop and provide monthly status reports, including financial information. 5. For Wesley E. Seale Dam: Review past inspection reports, record drawings, breach analysis report, and subsequent information provided by the City to identify deficiencies or areas for concern. Research in-house data repository and review relevant documents. Previous data to be reviewed include: a. 2004 - 2008 Annual Safety Inspection Reports b. 1955 Original Drawings c. 1999 Spillway Rehabilitation Drawings d. 2010 Breach Analysis Report e. Performance data from 102 piezometers, 17 extensometers, 4 inclinometers, 25 relief wells, and 41 sand drains. 6. For the Ca!alien Reservoir Dam: Evaluate existing records such as original design drawings and documents, previous repair or rehabilitation design and construction documents, inspection reports, Operation and Maintenance Plans, and correspondence with TCEQ. B. Pre -inspection Plan: 1. Develop an initial inspection plan (brief memorandum) for the upcoming inspection, including areas identified to be inspected, methods of inspection, and support and logistics required from City personnel including boat access. Submit proposed inspection plan to the City for review. 2. Participate in a conference call to discuss comments and coordinate support requirements. 3. Finalize inspection plan and submit to the City. C. On -Site Inspection Activities: 1. For Wesley E. Seale Dam: Perform a field inspection to assess conditions and facilitate comparison with observations and recommendations from past inspection reports. Prepare notes of observations and take photographs as appropriate to document conditions. Structures to be inspected include the north, center and south embankments, outlet works tower, the south (service) spillway, and the north (emergency) spillway. The City shall provide boat for upstream access and shall make provisions to dewater the south spillway basin to the extent possible to allow for inspection. It is anticipated that the field examination will encompass two (2) full days at the dam. The field examination shall include the following efforts: a. The morning of the inspection, participate in a one-hour meeting with City personnel to discuss current operational and maintenance considerations and actions. Review of emergency preparedness and operational aspects including the emergency action plan, access to the site, communication system, instrumentation data processing, auxiliary power, remote operation, and standard operating procedures. b. Observe north, center, and south embankments for signs of unusual movement, slips, slides, seepage, animal burrows, protective covering (rock riprap and grass cover), and undesirable vegetation growth. c. Observe the north and south spillway bays (including the south spillway discharge canal and basin) for signs of cracking, spalling, notable differential movement, erosion, joint conditions, and exposed reinforcing. EXHIBIT A Page 2 of 8 Mr. Deng Page 3 October 13, 2016 d. Observe condition of north and south spillway bridges for signs of concrete deterioration, cracking, spalling, notable differential movement, joint conditions, and exposed reinforcing. e. Observe condition of spillway gates as visible for signs of corrosion, seal damage, leakage, and debris buildup. f. Observe condition of outlet works tower for signs of concrete deterioration, cracking, spalling, notable differential movement, joint conditions, and exposed reinforcing. 2. For the Calallen Reservoir Dam: perform a half-day visual inspection of the dam. Key areas to be addressed during the inspections include: a. Visually assess the general condition of the dam. The visual inspection will be performed from readily accessible locations. b. Collect general measurements of key components of the structure as deemed necessary and as possible. c. Document areas of noted deterioration or disrepair. Take note of visible seepage, boils, erosion, animal burrows, overgrown vegetation, etc. NOTES: • The inspection effort will not be focused on the sluice gates, Howell Bunger valve, and associated actuators and hardware as that work is part of the design effort described below. • Topographic survey, underwater inspections, and geotechnical explorations are not included as part of basic services. D. Report Writing: 1. For Wesley E. Seale Dam: a. Prepare a draft report discussing findings from review of documents, inspection, and engineering evaluations, with supporting appendices as required. Meet with City personnel in person and via phone to discuss comments and prepare the final report. b. The report will utilize as much information as possible from past inspection reports. The chapters in the reports will reflect the data review, findings from the on-site inspections, and information gathered during discussions with City personnel. c. The report shall be in accordance with Texas Commission on Environmental Quality (TCEQ) Chapter 299 Dam Safety Rules, and shall be acceptable to the TCEQ Dam Safety Program Coordinator. It is understood that the City will provide a copy of the Final Report to the TCEQ Dam Safety Program as required by the Chapter 299 Rules. Provide copies of the draft report to the City for review and comment. The draft report will follow the general format of a comprehensive review report and include the following sections: i. Decision Document and Technical Report of Findings ii. Updates to Recommendations iii. Description of Dam and Operations iv. Evaluation of Design, Analysis, and Construction v. Evaluation of Performance Monitoring and Instrumentation vi. Inspection Report (with photos) vii. Seismic Hazard viii. Hydrologic Hazard ix. Potential Failure Modes x. Future Performance Monitoring EXHIBIT A Page 3 of 8 Mr. Deng Page 4 October 13, 2016 xi. Key Photos and Drawings 2. For Ca!alien Reservoir Dam: a. Develop a photo log of key items noted during the inspection. b. Provide one draft report documenting observations for review. The report will be in a format similar to inspection reports performed by TCEQ Dam Safety. The report will document background, current condition of the dam, downstream hazards, recommendations for repair, and conclusions. Provide copies of the draft report to the City for review and comment. c. Address City comments on draft report and prepare final document. Downstream Sluice Gates and Howell-Bunger Valve Improvements. Phase 2 FNI assisted the City between 2014 and 2015 to implement repairs to the upstream sluice gates of the Low Flow Outlet Tower. Upon completion of that effort, the City expressed interest in further rehabilitating the low flow outlet works. Based on previous inspections and City comments, the downstream gates and valve are showing their age and do not function as desired. This effort focuses on implementing repairs to the three downstream sluice gates and Howell-Bunger valve at the low flow outlet works. The repairs will consist of replacement in-kind of existing gates and valve. The previously developed construction documents, manufacturer information, and new engineering design will become the basis of the bid package for this effort. Upon receipt of authorization, FNI will render the following professional services for this effort: A. Project Management, Data Assembly, and Meetings: 1. Establish project and manage schedule and work execution. 2. Develop and provide monthly status reports, including financial information. Collaborate with City staff to coordinate aspects of this project, to include budget, schedule, and contingency planning. 3. Request and assemble relevant information from the City and valve/gate manufacturers to support the creation of this bid package. 4. Coordinate Quality Control (QC)/Quality Assurance (QA) by FNI Senior Management and Technical Staff. 5. Facilitate internal kickoff meeting and coordinate conference calls for client kickoff meeting and progress meetings. B. 60% Design: 1. Investigate alternatives for replacement of existing gates and valve, including temporary diversion of low flow releases during replacement activities and structure modifications, as necessary. 2. Perform a field inspection to assess conditions. Prepare notes of observations and take photographs as appropriate to document conditions. 3. Develop 60% design submittal. The 60% submittal will include an executive summary, plans, a technical specification list, front-end documents, and a preliminary opinion of probable construction costs (OPCC). Provide copy of the documents to the City in electronic format (PDF) for review and comment. 4. Hold a review session with City staff to discuss issues and review the 60% design submittal. EXHIBIT A Page 4 of 8 Mr. Deng Page 5 October 13, 2016 5. Coordinate meeting with TCEQ Dam Safety to discuss design option and 60% drawings. C. Pre -Final and Final Design: 1. Develop the pre -final design by addressing City formal review comments of 60% design submittal. The Pre -Final submittal will include a plan executive summary, plans, specifications, and up-to-date front-end documents. Provide copy of the documents to the City in electronic format (PDF) for review and comment. 2. Develop a revised OPCC for the proposed improvements based on pre -final submittal. 3. Hold a review session with City staff to discuss issues and review the pre -final design. 4. Address any final comments from the pre -final design submittal prior to finalizing the signed sealed (IFB) set for submittal to the City for bid. 5. Submit IFB construction documents to TCEQ Dam Safety for review and approval. D. Bid Phase Support: 1. Assist City in soliciting qualified contractors to bid on the project. 2. Participate in the pre-bid meeting. 3. Assist City in securing bids by responding to bidder's requests for information (RFI) during bid phase. Prepare addenda as necessary to address RFIs. 4. Compile the bid tab, review bids for responsiveness, and provide a bid award recommendation to the City. E. Construction Phase: Upon completion of contract negotiation between the City and selected contractor, FNI will proceed with the performance of general construction oversight during construction as described below. 1. Attend the pre -construction meeting and provide an agenda and record and provide meeting minutes. 2. Provide general representation services during construction by assist the City in submittal review in a manner consistent with the requirements of the construction contract documents. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and test results in accordance with the requirements of the construction contract documents for the projects. 3. Attend up to eight (8) monthly construction progress meetings, and provide an agenda and record and provide meeting minutes. 4. Participate in four (4) engineering site visits during construction to observe work progress. In this effort FNI will endeavor to protect the City against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the City. Prepare site visit reports documenting findings, photographs, and follow-up actions. Visits to the site in excess of the specified number are an additional service. 5. Conduct, in company with City's representative, one (1) site visit and final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. 6. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction. Two (2) sets of prints of "Record Drawings" shall be provided by FNI to the City. Submit record drawings to TCEQ Dam Safety for record. EXHIBIT A Page 5 of 8 Mr. Deng Page 6 October 13, 2016 Soillwav Dewatering System Study As part of the original design of the dam, a floating bulkhead system was designed and constructed to allow for dewatering of an individual crest gate during maintenance operations. The bulkhead system proved difficult to use and experienced leakage. The system was modified in the mid 1990's to facilitate installation, but the system remained difficult to install and was ultimately abandoned. Wesley Seale Dam does not currently have a dewatering system to facilitate maintenance of the crest gates. The purpose of this phase is to study a dewatering system options for future design development and construction to facilitate required maintenance projects including gate seal and coating system replacement. Upon receipt of authorization, FNI will render the following professional services for this effort: A. Proiect Management, Data Assembly, and Meetings: 1. Establish project and manage schedule and work execution. 2. Develop and provide monthly status reports, including financial information. Collaborate with City staff to coordinate aspects of this project, to include budget, schedule, and contingency planning. 3. Request and assemble relevant information from the City with regards to previous dewatering system floating bulkhead. 4. Coordinate Quality Control (QC)/Quality Assurance (CIA) by FNI Senior Management and Technical Staff. 5. Facilitate internal kickoff meeting and coordinate conference calls for client kickoff meeting and progress meetings. B. Feasibility Study Phase 1. Review historic drawings of the previous floating bulkhead system. Review and evaluate existing drawings and reports of the spillway bays, buttresses, crest gates, and access bridge. 2. Perform a 1 -day site visit to evacuate existing concrete bridge and spillway geometry, assess methods for attachment to the concrete structure and discuss historical issues with the previous dewatering system at the dam. Discuss dewatering system needs with City staff. Prepare notes of observations and take photographs as appropriate to document conditions. 3. Perform structural survey and measurements of key areas of the spillway and bridge. 4. Develop two (2) design options of dewatering systems for spillway gates and perform feasibility level evaluations of each. One of the design options shall include the original floating bulkhead. 5. Prepare schematic drawings or sketches illustrating design options. 6. Perform quantity take -offs and develop feasibility level opinion of probable construction cost. 7. Prepare draft letter report summarizing the site visit, design options, operational benefits and limitations, additional loads imposed on dam, constructability, care of water considerations, opinion of probable construction cost, and possible permitting needs including USACE, Texas Historic Commission, and TCEQ Dam safety. Identify the need of additional survey data or structural measurements and estimated costs to collect this information, if needed, for design. 8. Participate in workshop with City staff to discuss draft setter report, dewatering system options, and study findings. 9. Address City's comments and finalize letter report. Provide three (3) printed copies of the letter report to the City. EXHIBIT A Page 6 of 8 Mr. Deng Page 7 October 13, 2016 Fee Freese and Nichols, Inc. proposes to perform the scope of services listed above for the following lump -sum fees listed below: Dam Safety Inspections and Reporting Data Assembly, Meetings, QC Inspection, Report, and Follow Up Subtotal Downstream Sluice Gates and Howell-Bunger Valve Improvements Data Assembly, Meetings, and Interim Design Preliminary/6096/9096/Pre-Final/Final Design Bid Phase Construction Phase Subtotal Dewatering System Study and Design Data Assembly, Meetings. and Interim Design Subtotal TOTAL Schedule $ 10,490.00 S 82.009.00 $ 92,499.00 $ 24,019.00 $134,921.00 $13,672.00 $66.841.00 $239,453.00 S115,068.00 $115,068.00 5447.020.00 See attached schedules for each effort for details. The notice to proceed dates have been assumed based on conversations with you and should be adjusted based on actual dates when needed. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. Dam Safety Inspection Dam Safety Inspection Start Finish Notice to Proceed Mon 11/14/16, Mon 11/14/16 Project Management, Meetings, and Data Assembly Mon 11/14/16 Fri 3/31/17 Pre -Inspection Plan Tue 11/28/16 Tue 12/19/16 On -Site Inspection Activities Wed 1/11/17 Fri 1/13/17 Report Writing Mon 1/16/17 Thu 3/30/17 Project Complete Thu 3/30/17 Thu 3/30/17 Sluice Gate and Bunger Valve Replacement Proiect Sluice Gate/Valve Repiacement Start Finish Notice to Proceed Mon 11/14/16 Mon 11/14/16 Project Management Mon 11/14/16 Fri 7/27/18 EXHIBIT A Page 7 of 8 Mr. Deng Page 8 October 13, 2016 Sincerely, 60% Design Tue 1/17/17 Fri 4/14/17 Pre -final and Final Design Tue 5/1/17 Fri 8/4/17 Bid phase Support Mon 8/7/17 Tues 10/17/17 Construction Phase Mon 10/23/17 Fri 8/31/18 Project Complete Fri 8/31/18 Fri 8/31/18 Dewatering System Study Dewatering System Study Start Finish Notice to Proceed Mon 11/14/16 Mon 11/14/16 Project Management Mon 11/14/16 Fri 5/12/17 Feasibility Study Phase Mon 11/14/16 Fri 5/12/17 Principal, Corpus Christi Office cc: Victor Vasquez, Brian Bresler EXHIBIT A Page 8 of 8 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 IG:141 SUPPLIER NUMBER TO BE ASSIGNED BYCi'!4— PURCHASING DIVISION City of Corpus Christi 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: P. O. BOX: STREET ADDRESS: Freese and Nichols, Inc. 800 N. Shoreline, Ste. 1600N CITY: Corpus Christi Zip: 78401 FIRM IS: 1. Corporation 4. Association 2. Partnership 8 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NIA 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 NJA 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 e above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION 1 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. Ron Guzman, P.E. Principal Certifying Person: (Type or Prlw) Signature of Certifying Person: Title: Date: • 2 s 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 arttime 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. 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: 2016-91412 Date Filed: 07/27/2016 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. MSA for Wesley Seale Dam Provide engineering services for Master Svcs. Agreement to support Wesley Seale Dam Safety Inspection and Reporting, Sluice Gate Rehab -Ph. 2, and Dewatering Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Gooch, Thomas Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Coltharp, Brian Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Austin, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �i 1r �J L.. I ;,�::: w, LISA BOGGS t� I •`�'\ Notary Public, State of Texas • ;, r ' • My Commission Expires �' " �y, 06/25/2019 k,Signature f authorized agent of contracting business entity �j k o -n '-t .% 21m .ati , this the 1 day of J , NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said , to certify which, witness my hand and seal of office. L .... - kJ - - .� _ Sig ature of o ricer admini .s- larrg oath Printed name of • • ` = administering oath Title of offic- r : • ministering 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 —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 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: 2016-91412 Date Filed: 07/27/2016 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. MSA for Wesley Seale Dam Provide engineering services for Master Svcs. Agreement to support Wesley Seale Dam Safety Inspection and Reporting, Sluice Gate Rehab -Ph. 2, and Dewatering Study 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Gooch, Thomas Fort Worth, TX United States X Hatley, Tricia Oklahoma City, OK United States X Payne, Jeff Dallas, TX United States X New, John San Antonio, TX United States X Coltharp, Brian Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Austin, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT AFFIX Sworn 20 I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. �i 1r �J L.. I ;,�::: w, LISA BOGGS t� I •`�'\ Notary Public, State of Texas • ;, r ' • My Commission Expires �' " �y, 06/25/2019 k,Signature f authorized agent of contracting business entity �j k o -n '-t .% 21m .ati , this the 1 day of J , NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said , to certify which, witness my hand and seal of office. L .... - kJ - - .� _ Sig ature of o ricer admini .s- larrg oath Printed name of • • ` = administering oath Title of offic- r : • ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Carpus Chr sti Engineering Wesley Seale Dam Instrumentation Testing and Rehabilitation Council Presentation October 25, 2016 Project Location Lake Corpus Christi Mathis Mems SH 359© i"` Ice Corpus Christ, Slate Park IH 37 Project Location ra 1831 Corpus Chr'sti Engineering 2 Project Location Corpus Chr sti Engineering Project Scope Carpus Chr sti Engineering The planned improvements include the following: • Wesley E. Seale Dam safety inspection and reports with prioritized list of maintenance and repair actions • Inspection of the salt water barrier dam (Calallen Reservoir Dam) • Sluice gates and Howell-Bunger valve replacement (Phase 2) • Wesley E. Seale Dam dewatering system study Project Scope Corpus Chr sti Engineering 2016 2017 2018 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Design Oct Nov Dec Bid & Award Jan Feb Mar Apr May Jun Jul Aug Sep 411M Project Estimate: 690 Calendar Days = 23 Months Projected Schedule reflects City Council award in November 2016 with anticipated completion in September 2018. AGENDA MEMORANDUM Future Item for the City Council Meeting of October 25, 2016 Action Item for the City Council Meeting of November 1, 2016 DATE: TO: October 10, 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 Construction Contract Lift Station Repairs Citywide 2016 CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of $1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Lift Station Repairs Citywide 2016 for the Total Base Bid. CIP Description: Lift Station Repairs Citywide This project provides for implementation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit analysis for the City's 99 Lift Stations. The project identifies, prioritizes and implements specific capital improvement in a phased design and construction approach to extend lift station service life, reduce long-term maintenance costs, improve flows, and meet Texas Commission on Environmental Quality guidelines including reducing overflows and redundant systems. BACKGROUND AND FINDINGS: Many of the existing list station systems are at the end of their useful life cycle with conditions that jeopardize reliable operations and service. City staff initiated City -Wide Lift Station Repairs program to identify, prioritize and implement specific Capital Improvement Projects (CIP) in a phased approach to recapitalize the lift stations. This program is critical to improve operational and maintenance cost, reduce overflows, and continued compliance to Texas Commission on Environmental Quality (TCEQ). The following seven lift stations were developed and recommended for rehabilitation for FY 2016-17. • Leeward Lift Station • Jackfish Lift Station • Lake Padre South Lift Station • Seahorse Lift Station • Up River Road Lift Station • Turtle Cove Lift Station • Studebaker Lift Station On September 28, 2016, the City received proposals from four (4) bidders and the respective bids were as follows: CONTRACTOR BASE BID Associated Construction Partners, LTD Boerne, Texas $1,359,000 J.S Haren Company Athens, TN $1,617,000 Austin Energy Company, Inc. Austin, Texas $1,791,400 Jhabores Construction Company, Inc. Corpus Christi, Texas Non-responsive bid submittal Engineer's Opinion of Probable Construction Cost $1,675,300 Based on the information submitted in accordance with the contract documents, Associated Construction Partners, LTD of Boerne, Texas, was determined to be the lowest responsive and responsible bidder with the sufficient experience and resources. The City's consultant, Urban Engineering and City determined that Jhabores Construction Company, Inc. did not meet the minimum qualification requirements set forth in the contract documents and therefore was considered a non-responsive bidder. ALTERNATIVES: 1. Authorize the execution of the construction contract. 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) $1,800,000 $1,800,000 Encumbered / Expended Amount This Item $1,359,000 $1,359,000 Future Anticipated Expenditures This Project $404,500 $404,500 BALANCE $36,500 $36,500 Fund(s): Wastewater CIP #10 Comments: This project requires approximately 290 calendar days for construction with anticipated completion September 2017. The construction contract will result in the expenditure of an amount not to exceed $1,359,000. RECOMMENDATION: City Staff and the design engineer recommend approval of a construction contract with Associated Construction Partners, LTD of Boerne, Texas in the amount of $1,359,000 for the Lift Station Repairs Citywide 2016 for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET LIFT STATION REPAIRS CITYWIDE 2016 FUNDS AVAILABLE: Wastewater CIP $1,800,000 FUNDS REQUIRED: Construction: Construction (Associated Construction Partners, LTD) THIS ITEM 1,359,000 Construction Contingency (10%) 135,900 Engineer: Engineer (Urban Engineering) 164,100 Reimbursements: Total Reimbursements 104,500 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 31,500 Engineering Services (Project Mgmt/Constr Mgmt) 63,000 Misc 10,000 TOTAL $1,763,500 PROJECT BUDGET BALANCE $36,500 Sal I'atricio Lir'Ler lege 1110 Hebb Odern Doyle Portland si Falm'an-County Gregory -`' Acres Irgloside I :_1 City -By -The Sea V. Aransas Pass North San Pedro Robst. Spring Garden -Terra ,-.y Verde 7 La Paloma -Lost Creek 77 Driscoll Turtle Cove vv Tierra Grande NBeres Bo?. grplujs Christi Studebaker Ingleside on The Bay ustang Turtle Cove ■ Israrrd Lift Station Repairs (Citywide 2016) Chapman Ranch Seahorse & Jackfish Lake Padre South & Leeward VICINITY MAP 4111110 NOT TO SCALE TO SCALE 1 us lap r5lan Slate Project Number: E16304 Lift Station Repairs ( Citywide 2016 ) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Citrsti trLgineeriing Lift Station Repairs City Wide 2016 Council Presentation October 25, 2016 Project Location 13, c Fey.`_ ,,, N Lift Station Repairs (Citywide 2016) Corpus Chr'sti Engineering Project Scope Carpus Chr'sti Engineering This project provides for implementation of a strategic lifecycle program to recapitalize the City's 102 Lift Stations through a phased approach. This phase provides for rehab of 7 lift stations in FY 2016-17: • Leeward Lift Station • Jackfish Lift Station • Lake Padre South Lift Station • Seahorse Lift Station • Up River Road Lift Station • Turtle Cove Lift Station • Studebaker Lift Station Project Schedule Corpus Chr sti Engineering 2016 2017 SEP OCT NOV DEC JAN FEB MAR APR MAR JUN JUL AUG SEP Bid & Award Construction Project Construction Estimate: 290 Calendar Days = 10 Months Schedule reflects City Council construction award in November with completion planned by September 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: 2016-121912 Date Filed: 10/10/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Associated Construction Partners Ltd boerne, TX United States 2 Narne 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. E13604 Lift Station Repairs Citywide 2016 Narne of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Simpson, Jill Boerne, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swe. ; or affirm, under pe alty of perjury, that the above disclosure is true and correct. ( :=:►r7''s RENEE RIEBER hCi Notary "ublic �;: " STATE C r TEXAS 1 yid „ My Comm. Exp, March 19. 2019 I Signature . a ut orized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Swor to and subscribed Ware me, by the said II I( � J1 `.., this the 1 b day of 20 , to certify which, witness my hand and I of of ce. I ,QC. 6kih,.. c oirdwl 14. Sic nature of officer administering oath Printed name of officer administering oath Title of officer administering cath Forms provided by Texas Ethics Commission www. eth i cs .state . tx. u s Version V1.0.277