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HomeMy WebLinkAboutAgenda Packet City Council - 12/13/2016 Corpus Christi 1201 Leopard Street - f' Corpus Christi,TX 78401 i cctexas.com Meeting Agenda - Final-revised City Council Tuesday, December 13,2016 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Dan McQueen to call the meeting to order. B. Invocation to be given by Pastor Ely Perez, First Family Church. C. Pledge of Allegiance to the Flag of the United States to be led by Jeffrey Edmonds - Director of Engineering Services. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 16-1403 Farewell to Nelda Martinez from Colonel Allan Lanceta, Commander of Corpus Christi Army Depot (CCAD). F. Mayoral Appointments 2. 16-1425 Appointment of Mayor Pro Tems Motion to approve the Mayor Pro Tem service schedule for 2016-18. Attachments: Agenda Memo- Mayor Pro Tem 2016-18 3. 16-1427 City Council Committee Assignments Attachments: Agenda Memo- Mayoral council committee assignments 2016-18 Corpus Christi Page 1 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 G. 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. H. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. OTHER I. MINUTES: 4. 16-1388 Regular Meeting of November 15, 2016 and Special Meeting of November 21, 2016. Attachments: Minutes- November 15, 2016 Minutes- November 21, 2016 Special J. BOARD &COMMITTEE APPOINTMENTS: (NONE) K. CONSENT AGENDA: (ITEMS 5 - 18) 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 Corpus Christi Page 2 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 remaining items will be adopted by one vote. 5. 16-1229 Lease Agreement for 150 parking spaces for Police Department and Municipal Court Facilities Motion authorizing the City Manager or designee to renew a five-year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Department and Municipal Court facilities, and approving monthly lease payments of$6,620 per month inclusive of the City's share of utilities, property taxes, mowing, and parking lot maintenance. Attachments: Agenda memo- parking lot renewal 10.25.2016 Lease Agreement-Parking Space -Vicinity Map Image Contract- Parking lot renewed contract signed One Shoreline parking lot form 1295 6. 16-1301 Resolution ratifying the submission of a grant application for the Assistance to Firefighters Grant Program Resolution ratifying the submission of a grant application in the amount of$391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. Attachments: Agenda Memo FY 2016 AFG 102416 Resolution -Ratyfing AFG application -2016 7. 16-1221 Service Agreement for Elevator Maintenance and Repairs for 17 elevators Motion authorizing the City Manager, or designee, to approve a Service Agreement with Schindler Elevator Corporation, of Morristown, New Jersey, to perform maintenance and repairs to 17 elevators for an amount of$95,324.84. In addition to Contractor's repair cost, this motion also included a 10% contingency of$9,532.48 to address unforeseen conditions. The award is based on the cooperative purchasing agreement with the State of Texas Multiple Award Schedule (TxMas). Attachments: Agenda Memo Elevator Maintenance Service Price Sheet Attachment B - Elevator Maint Repairs Service Agreement- Elevator Maint Repairs Form 1295-Elevator Maint. 8. 16-1302 Construction Contract for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, Ltd. of Corpus Christi Page 3 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Boerne, Texas in the amount of$3,042,665 for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. Attachments: Agenda Memo-Sharpsburg LS Project Budget-Sharpsburg LS.xls Location Map-Sharpsburg LS.pdf Form 1295-Sharpsburg LS Presentation Sharpsburg LS 9. 16-1296 Resolution authorizing Advance Funding Agreement for 2014 Highway Safety Improvements Program (Bond 2014, Proposition 2) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of$779,877.60 from the Bond 2012 and Bond 2014 programs. Attachments: Agenda Memo-2014 Highway Safety Imp Program Project Budget-2014 Highway Safety Imp Program Location Map-2014 Highway Safety Imp Program.pdf Resolution -2014 Highway Safety Imp Program.docx Advance Funding Agreement-2014 Highway Safety Imp Program Presentation 2014 Highway Safety Impr 10. 16-1298 Construction Contract for the Choke Canyon Dam Sluice Gate Stem Repairs Motion authorizing the City Manager, or designee, to execute a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of$189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. Attachments: Agenda Memo-Choke Canyon Project Budget-Choke Canyon Location Map-Choke Canyon Dam Form 1295-Choke Canyon Presentation Choke Canyon Dam 11. 16-1306 Engineering Construction Contract for Alternative Capacity Power Generation Staples and Navigation Water Pump Station (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with McDonald Municipal & Industrial of Houston, Texas in the amount of$868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Corpus Christi Page 4 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Base Bid. Attachments: Agenda Memo-Alt Capacity Pwr Gen Project Budget-Alt Capacity Pwr Gen.xls Location Map-Alt Capacity Pwr Gen.pdf Presentation -Alt Capacity Pwr Gen Form 1295-Alt Capacity Pwr Gen 12. 16-1307 Approving Cellular Services for Phones, Wireless Devices, and Connectivity Motion authorizing the City Manager or designee to execute a contract with T-Mobile USA, Inc., of Bellevue, Washington, based on a cooperative purchasing agreement with the Texas Department of Information Resources (DIR), for a total estimated expenditure of $1,650,348 for three years, of which $412,587 is funded in FY2016-2017, with options to extend for up to one additional one-year period subject to renewals of the State's DIR contract (DIR-TSO-3416) with T-Mobile, sufficient annual appropriations, and mutual consent of the vendor and City Manager. Attachments: Agenda Memo-T-Mobile DIR Contract with T-Mobile T-Mobile Estimate Pricing Cost Analysis of Cellular Service Vendor Evaluation Matrix Form 1295-T-Mobile cell phone by division 13. 16-1289 Establishing Waste Acceptance Contract with Killian Calderon Disposal LLC Motion authorizing the City Manager or designee to execute an 11-year contract with Killian Calderon Disposal, LLC, guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region to the City's Cefe Valenzuela Municipal Landfill, with a termination date of November 12, 2027. Attachments: Agenda Memo- Killian Calderon Agreement.docx Killian Calderon Contract- partially executed.pdf Killian Form 1295.pdf Exhibit A-Cefe Valenzuela Landfill Site Plan and SOP content 14. 16-1309 Second Reading Ordinance - Rezoning property located at 5151 McArdle Road Case No. 1016-05 The City of Corpus Christi: A change of zoning from Corpus Christi Page 5 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property is described as being a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive. Planninq Commission and Staff Recommendation (November 2, 2016): Tract 1: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District and in lieu thereof approval of the "CN-1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line. (See Tract Exhibit). Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1, and to the "CN-1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo- 1016-05 Mt. Vernon Dan CC Ordinance-CG-2 and CN-1 - 1016-05 Mt. Vernon Dan CC Ordinance-CG-2- 1016-05 Mt. Vernon Dan CC Presentation- 1016-05 Mt. Vernon Dan CC Zoning Report-Revised with Plan CC 15. 16-1328 Second Reading Ordinance - Final Reimbursement of Election Services Overbilling Ordinance accepting payment from Nueces County in the amount of $73,616.52 as the final reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2016-2017 operating budget adopted by Ordinance 030965 to increase revenues by $73,616.52. Attachments: Agenda Memo- Nov 2014 Election Costs Refund 2 of 2.pdf Ordinance- Nov 2014 Election Costs Refund 2 of 2.pdf Corpus Christi Page 6 Printed on 1211212016 City Council Meeting Agenda-Final-revised December 13,2016 16. 16-1272 Second Reading Ordinance -Accepting and appropriating a grant amendment for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant and ratifying acceptance to begin October 1, 2016 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 1, 2016. Attachments: Agenda Memo-TX Health Communities Grant 10-1-2016 to 10-1-2017(c).10-27- Ordinance -Amending TX Healthy Com. Grant Contract 2016-003808-03 (10-1- TXHC Grant Contract No. 2016-003808-00 Amend. 3 (10-1-2016 to 10-1-2017) 17. 16-1308 Second Reading Ordinance -Appropriating funds and approving Engineering Design Contracts for Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of$88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of$97,764 for the design of Rogerson Drive. Attachments: Agenda Memo Residential St Recon Program Test prosect Ordinance Residential Street Program Prosect Budget Residential St Recon with formulas Contract Urban Form 1295 Urban Contract Freese Form 1295 Freese Location Map- Residential Street Program Presentation Residential St Recon Test 18. 16-1316 Second Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Corpus Christi Page 7 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Participants and Increases for Prior and Current Annuities Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Attachments: Agenda Memo-TMRS Ad Hoc 2016 Ordinance- Updated Service Credits-TMRS 2017 TMRS Letter L. EXECUTIVE SESSION: (ITEMS 19 -21) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 19. 16-1287 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 negotiations with the U.S. Environmental Protection Agency concerning the City's sanitary sewer system. 20. 16-1401 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 Railroad Commission Applications of Petro Waste Environmental, LP to operate a commercial disposal facility in McMullen County, Texas on a 1500 acre tract located approximately four miles north of Tilden, Texas. 21. 16-1402 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to annexation, the provision of water and wastewater services in newly annexed and unincorporated areas, and the development of properties owned by the City and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property owned by the City when deliberation in open meeting would have a detrimental effect on the position of the governmental Corpus Christi Page 8 Printed on 1211212016 City Council Meeting Agenda-Final-revised December 13,2016 body in negotiations with a third person. M. PUBLIC HEARINGS: (ITEMS 22 - 24) 22. 16-1381 Public Hearing and First Reading Ordinance -Substantial Amendment to the FY2015-2016 Consolidated Annual Action Plan Ordinance amending the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), previously adopted by Ordinance Number 030544, for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to execute and submit all necessary documents with the U.S. Department of Housing and Urban Development (HUD) for the following Substantial Amendment to the FY2015-2016 CAAP: 1. Cancellation of a Fy 15 Community Development Block Grant (CDBG) project; 2. Addition of a CDBG project; and 3. Addition of an Emergency Solutions Grant (ESG) project; and further to authorize the City Manager or designee to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2015-2016 CAAP with organizations for approved projects. Attachments: Agenda Memo Substantial Amendment to CAAP Ordinance Amending CAAP 15-16 Amended CDBG 2015-2016 Amended ESG 2015-2016 23. 16-1378 Public Hearing and First Reading Ordinance - Rezoning for property located at 2310, 2314, 2316, 2318 Dempsey Street. Case No. 1116-01 Scott Electric Co.: A change of zoning from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "IL" Light Industrial District. The property to be rezoned is described as four lots composed of Shoreline Park, Block 8, consisting of Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue. Planning Commission and Staff Recommendation (November 2, 2016): Denial of the change of zoning from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "IL" Light Industrial District, and in lieu thereof, staff recommends extending the "RS-6/SP" Single-Family 6 District with a Special Permit to all four lots subject to special conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon Corpus Christi Page 9 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 application by Scott Electric Co. ("Owner"), by changing the UDC Zoning Map in reference to a 0.5847 acre tract of land composed of four lots in Shoreline Park, Block 8, Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; from the "RS-6" Single-Family 6 District and "RS-6/SP" Single-Family 6 District with a Special Permit to the "RS-6/SP" Single-Family 6 District with a Special Permit for all four lots; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo Ordinance w-attch-SP 1116-01 Scott Electric Ordinance w-attch-IL 1116-01 Scott Electric Presentation 1116-01 Scott Electric, Co. Zoning Report- 1116-01 Scott Electric Co. 24. 16-1269 Public Hearing and First Reading Ordinance -Street Closure for a portion of Airline Road, located south of Lipes Boulevard and north of President's Drive and west of Rodd Field Road Ordinance closing, vacating, and abandoning a previously developed and surfaced 67,693-square foot (1.55 acres) portion of a public right-of-way, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas, and requiring the abutting owners to comply with specified conditions; and providing an effective date. Attachments: Agenda Memo-Airline Road Ordinance and Exhibits-Airline Road Aerial Maps-Airline Road N. REGULAR AGENDA: (ITEMS 25 - 27) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 25. 16-1404 Changing the Start Time of the City Council Meetings Motion changing the start time of the regular City Council Meetings from 11:30 a.m. to 2:00 p.m. beginning on December 20, 2016. Attachments: Agenda Memo-Change Meeting Time 2 p.m. City Council Agenda Restructuring - 12-13-16 26. 16-1405 Setting the date for the 2017 City Council Retreat Discussion and possible action to set the date for the 2017 City Council Retreat. Attachments: Agenda Memo-2017 Council Retreat Corpus Christi Page 10 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 27. 16-1374 One Reading Action Item -Accepting and appropriating grant funds for overtime DWI enforcement Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of$7,837.02 for the 2017 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of$3,327.89, for a total project cost of$11,164.91 and appropriating $7,837.02 in the No. 1061 Police Grants Fund; and declaring an emergency. Attachments: Agenda Memo-STEP IDM Approp 12.13.2016 Ordinance - Impaired Driving Mobilization grant 2016 2017 Grant Agreement O. FIRST READING ORDINANCES: (ITEMS 28 -31) 28. 16-1368 First Reading Ordinance -Accepting and appropriating the Nutrition Services Section/Women, Infants and Children (WIC) grant and ratifying acceptance to begin October 1, 2016 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Women, Infant and Children's Nutrition Program (WIC) grant in the amount of$1,012,631.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2016, through September 30, 2017; and ratifying acceptance of the grant agreement to begin October 1, 2016. Attachments: Agenda Memo-WIC Grant 10-1-2016 to 10-1-2017(c)11-17-2016 Ordinance - (WIC Grant) 10-1-2016 to 10-1-2017(c)11-17-2017 DSHS Contract No. 2017-049800-001 (WIC Grant) [10-1-2016 to 10-1-20171 Pe 29. 16-1356 First Reading Ordinance - Lease Agreement for hangar, office and parking space at Corpus Christi International Airport (CCIA) Ordinance authorizing the City Manager or designee to execute a lease agreement with Driscoll Children's Hospital for hangar, office and parking space at the Corpus Christi International Airport for a lease term of three years, with an option to renew for two additional one-year periods. Corpus Christi Page 11 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Attachments: Agenda Memo- Driscoll Children's Hospital Lease Agreement Ordinance - Driscoll Lease Driscoll Lease -Partially Signed Picture of Building 30. 16-1358 First Reading Ordinance -Adjusting Water rates for Public Agency Customers Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Section 55-50 (a)(2)e regarding Resale Treated Water Rates and Section 55-50 (b) regarding debt service component of raw water cost adjustment; providing for publication and effective date of January 1, 2017. Attachments: Agenda Memo-Ordinance adjusting public agency water rates Ordinance -adjusting water rates for public agency customers 31. 16-1363 First Reading Ordinance -Approving Agreement and appropriating funds to reimburse developer for the construction of water arterial transmission and grid main line located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road Ordinance authorizing City Manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $7,324.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo- MPM Development; Parkview Unit 2 Ordinance - MPM Development; Parkview Unit 2 Aerial Maps- Parkview Unit 2 P. FUTURE AGENDA ITEMS: (ITEMS 32 -49) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 32. 16-1398 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. Corpus Christi Page 12 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Attachments: Agenda Memo-CCHFC and CCIDC 12-13-2016 CCHFC- Board details CCIDC- Board details 33. 16-1397 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. Attachments: Agenda Memorandum CBHFDC 12-13-16 34. 16-1233 Approval of an antenna space Lease Agreement for rooftop space for Public Safety Radio Communications System Motion authorizing the City Manager or designee to renew a Lease Agreement with One Shoreline Plaza, LLC, for ten years with an optional extended term of ten years and approving monthly lease payments of$13,040 per month with annual rent increase of 3% for rooftop space and equipment room necessary to support the Public Safety Communications System. Attachments: Agenda Memo One Shoreline Plaza Contract One Shoreline Plaza Form 1295-One Shoreline Plaza LLC 35. 16-1366 Resolution authorizing an Interlocal Agreement with Department of Health Services (DSHS) for analysis of bay water samples and ratifying acceptance of agreement to begin September 1, 2016 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Department of State Health Services (DSHS), in an amount not to exceed $56,000.00, to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2016, through August 31, 2018; and to ratify acceptance of the agreement to begin as of September 1, 2016. Attachments: Agenda Memo-Seafood Safety Testing Grant(9-1-2016 to 9-1-2018)(OD11-16-2 Resolution -Seafood Safety Agreement(9-1-2016 to 9-1-2018)(x)11-16-2016 Grant Contract- DSHS Seafood Safety No. 2017-049413-001 (9-1-2016 to 9-1-; 36. 16-1265 Resolution approving Service Agreements for mowing and ground maintenance for various parks and all Wastewater plants across the City Corpus Christi Page 13 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Resolution finding the lowest responsive, responsible bidder for ground maintenance services by group in response to Bid Nos. 138, 139, 140, 141, 142, 143, 144, 145, and 146; awarding a one-year service agreement, with two one-year renewals, to the lowest responsible bidder per bid number; and authorizing the City Manager or designee to execute the service agreements. Cut Masters Lawn Service Dorame General Repair Corpus Christi, Texas Corpus Christi, Texas Group 1, 11, 12, 13, 14, 16 Group 9, 10, 15 $167,349.66 $66,172.04 Grand Total $233,521.70 Attachments: Agenda Memo-Ground Maintenance RFB 138 Locations-Ground Maintenance Bid Tabulation -Ground Maintenance Resolution -Ground Maintenance Service Agreement-Cut Masters Gounds Maintenance Form 1295-Ground Maintenance Cut Masters.pdf Service Agreement- Dorame Grounds Maintenance Form 1295-Ground Maintenance Dorame.pdf 37. 16-1102 Resolution approving Type A Grant for Texas A&M University - Corpus Christi (TAMU-CC) Internship Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program to assist small businesses. Attachments: Agenda Memo-TAMU-CC Resolution -TAMU-CC Agreement-TAMU-CC Intern 38. 16-1103 Resolution approving Type A Grant for Del Mar Internship Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $150,000 for their internship program to assist small businesses. Attachments: Agenda Memo- Del Mar Resolution -Del Mar Agreement- Del Mar Intern 39. 16-0888 Resolution approving Type A Grant for Del Mar Procurement Corpus Christi Page 14 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Technical Assistance Center (PTAC) Program Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide a grant up to $48,490 for their Procurement Technical Assistance Center (PTAC) to assist small businesses. Attachments: Agenda Memo- PTAC Resolution -PTAC Agreement- PTAC 40. 16-1364 Resolution adopting Amended Type A Business Incentive Guidelines Resolution adopting Amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives. Attachments: Agenda Memo-Guidelines Resolution -Type A Guidelines Draft-Guidelines 11 14 16 41. 16-1370 Approval of a Supply Agreement for purchasing Water Meters Motion approving a supply agreement with Neptune Technology Group, Inc., of Houston, Texas for water meters for a total amount of $743,691.19, of which $557,769 has been budgeted in the Water Fund for FY2016-17, and which award is based on the cooperative purchasing agreement with the Houston-Galveston Area Council for a term of one year with an option to extend for up to one additional eight-month period. Attachments: Agenda Memo- Nepturne Water Meters Supply Agreement- Neptune Water Meters Price Sheet- Neptune Water Meters.pdf Form1295- Neptune Water Meters 42. 16-1372 Engineering Construction Contract for Tuloso Road from Leopard Street to IH 37 (Rebid) (Bond 2012, Proposition 1) Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD. of Corpus Christi, Texas in the amount of$2,181,527.42 for Tuloso Road from Leopard Street to IH 37 Re-bid for the total base bid. (Bond 2012, Proposition 1) Corpus Christi Page 15 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Attachments: Agenda Memo-Tuloso Road REBID (2) Project Budget-Tuloso Road Location Map-Tuloso Road Presentation -Tuloso Road Form 1295 Bay 43. 16-1379 Engineering Construction Contract for North Padre Island Beach Access Road 3A (Bond 2014, Proposition 2) Motion authorizing the City Manager, or designee, to execute a construction contract with JE Construction Services of Corpus Christi, Texas in the amount of$340,389.04 for North Padre Island Beach Access Road 3A for total base bid and additive alternate No.1. (Bond 2014, Proposition 2) Attachments: Agenda Memo- North Padre Island Beach Access Roads 3A Prosect Budget- North Padre Island Location Map Beach Access Roads 3A Presentation North Padre Island Beach Access Roads Form 1295-NPI Beach Access Road 44. 16-1375 Engineering Construction and Design Amendment Contracts for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 (Capital Improvement Program) Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering design contract with LNV, Inc. of Corpus Christi, Texas in the amount of$91,480 for a total restated fee of$186,947 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for design, bid and construction phase services. The motion also authorizes execution of a construction contract with American Process Group, Inc. of Tacoma, Washington in the amount of$3,750,000 for the Base Year with an additional $3,750,000 Option Year for a total not to exceed amount of$7,500,000 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I. (Capital Improvement Program) Attachments: Agenda memo-Sludge Project Budget-ONSWTP Sludge Location Map-ONSWTP Sludge.pdf Contract-ONSWTP Sludge Presentation -ONSWTP Sludge.pptx Form 1295-LNV.pdf Form 1295-American Process Group 45. 16-1371 Change order for additional Professional Services in support of Infor Public Sector (IPS) - Utility Billing Project Corpus Christi Page 16 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Motion authorizing the City Manager, or designee, to execute a change order to the original scope of work in support of the implementation of the Infor Public Sector (IPS) for Utility Billing in the amount of$275,000. Attachments: Agenda Memo- Infor Utilities Change Order 11 21 2016.docx Change Order-Utility Billing- Final with signatures 11 21 2016.pdf Form 1295-Infor Utility Billing change order 20161122.pdf 46. 16-1303 Service Agreement for the Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Motion authorizing the City Manager or designee to execute a five-year service agreement with Gray CPA Consulting, PC, of Magnolia, Texas, for the purchase and implementation of Comprehensive Annual Financial Report (CAFR) and Budget Book software licenses for a total amount of up to $337,310, of which $182,650 will be paid in Fiscal Year 2017, and providing for a contingency amount of up to $10,000 each for the Finance Department and Budget Office related to this software procurement. Attachments: Agenda Memo CAFR&Budget Software Service Agreement-CAFR& Budget Software.pdf Evaluation Matrix RFP 158.pdf Form 1295.0f 47. 16-1312 Resolution approving the City's Investment Policy and Investment Strategies Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2016-2017. Attachments: Agenda Memo-Investment Policy Resolution Reaffirming Policy 2016 vFinal 20161122 Exhibit A-Investment Policy 12.20.16 48. 16-1393 Appointment of Financial Advisor for Issuance of Utility System Revenue Refunding Bonds to be purchased by the Texas Water Development Board Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017", in an amount not to exceed $51,300,000. Attachments: Agenda Memo- FA for Issuance of Utility Revenue Refunding Bonds 2017 FA Contract- Utility System Refunding Bonds Form 1295-Utility System Refunding Bonds 49. 16-1382 Resolution to submit application for Financial Assistance from the Corpus Christi Page 17 Printed on 12/12/2016 City Council Meeting Agenda-Final-revised December 13,2016 Texas Water Development Board for refunding expenses incurred from improvements to the City's Utility System Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations previously issued to pay certain costs of designing and constructing improvements to the City's Utility System; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Drinking Water State Revolving Fund; and other matters in connection therewith. Attachments: Agenda Memo-TWDB Application Resolution -TWDB Application Q. BRIEFINGS: (ITEM 50) 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. 50. 16-1394 Bayshore Park Update Attachments: Agenda Memo- Bayshore Park(002) Presentation- Project Update Dec 2016 R. ADJOURNMENT Corpus Christi Page 18 Printed on 1211212016 se o� Va. U AGENDA MEMORANDUM NCORPOB PIES 1852 Action Item for the City Council Meeting of December 13, 2016 DATE: December 8, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Mayoral Appointment of Mayor Pro Terns CAPTION: Motion to approve the Mayor Pro Tem service schedule for 2016-18. PURPOSE: Mayor McQueen is recommending a Mayor Pro Tem service schedule for Council confirmation. BACKGROUND AND FINDINGS: Article 11, Section 4 of the City Charter provides that the city council shall nominate and confirm one of the council members who shall be known and designated as mayor pro tem. Historically, the practice has been that the Mayor recommends a rotating schedule that gives each Council member an opportunity to serve as Mayor Pro Tem. The Council confirms the schedule by motion. Mayor McQueen is recommending the following schedule: Begin Date End Date Mayor Pro Tem 12/13/16 3/10/17 Carolyn Vaughn 3/11/17 6/06/17 Lucy Rubio 6/07/17 9/02/17 Joe McComb 9/03/17 11/29/17 Michael Hunter 11/30/17 2/25/18 Ben Molina 2/26/18 5/24/18 Paulette Guajardo 5/25/18 8/20/18 Greg Smith 8/21/18 End of term Rudy Garza CONFORMITY TO CITY POLICY: City Charter FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): None Comments: None LIST OF SUPPORTING DOCUMENTS: None. se o� Va. U AGENDA MEMORANDUM "`O""°p"`E° Action Item for the Cit Council Meeting of December 13, 2016 1852 Y g DATE: December 8, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Mayoral City Council Committee Assignments CAPTION: Mayoral City Council Committee Assignments. PURPOSE: At the beginning of each council term, the Mayor appoints the chair and committee members for two city council committees: the Municipal Court Committee and the Audit Committee. BACKGROUND AND FINDINGS: Mayor McQueen has made the following appointments: Audit Committee Chair: Greg Smith Members: Carolyn Vaughn, Michael Hunter, and Joe McComb Municipal Court Committee Chair: Lucy Rubio Members: Rudy Garza, Ben Molina, Paulette Guajardo CONFORMITY TO CITY POLICY: Council Policies, Sec. 10 Code of Ordinances, Sec. 12 '/2-3(a) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Q Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: LIST OF SUPPORTING DOCUMENTS: None CorCorpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 r& cctexas.com Meeting Minutes City Council Tuesday, November 15,2016 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 Steve Sorenson, Bridgeway Church. Pastor Steve Sorenson gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Captain Anthony Sanders - Uniform/Neighborhood Services/K9. Police Captain Anthony Sanders 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: 9- 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,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations /Commendations 1. Proclamation declaring November 15, 2016, "Coastal Bend Day of Giving". Proclamation declaring November 16, 2016, "18th Annual World-Wide GIS Day of the Coastal Bend 2016 - Discovering the World Through GIS". Proclamation declaring November 17, 2016, "Great American Smokeout". Corpus Christi Page 1 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Proclamation declaring November 19, 2016, "Corpus Christi Black Chamber of Commerce Day and Celebration with a 73rd Anniversary Gala". Proclamation declaring November 12-20, 2016, "National Hunger and Homelessness Awareness Week". Proclamation declaring November 2016, "Prematurity Awareness Month" and November 17, 2016, "Prematurity Awareness Day". Mayor Martinez presented the proclamations. 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) Over the past few weeks,the Development Services and Information Technology Departments have implemented the next phase of the Infor software conversion. The new module, Inspection Schedule, is operational and located on the Development Services Department web page. The online program will allow all requests for home and business inspections to be completed electronically. Staff is working on an information video and how-to guide to help residents and business owners navigate the new system. Questions on the process may be directed to 361-826-3240.2)The City Hall parking lot entrance on Leopard Street will be closed for reconstruction of the driveway and sidewalk beginning Thursday, November 17,2016 through Saturday, November 19, 2016. Employees and visitors can access the other entrances located on Staples Street and Lipan Street. This temporary closure is part of the ongoing Americans with Disabilities Act(ADA)improvements along Leopard Street. 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. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Sherry Sells, 5014 Wingfoot,spoke regarding the City ensuring that buildings have permits that are compliant with the Americans with Disabilities Act regulations. Gloria Scott, 4422 S.Alameda, presented outgoing Council Members Magill and Rosas and Mayor Martinez with a commendation and drawings on behalf of the Corpus Christi Juneteenth Coalition for their support of the Juneteenth celebrations. Laura Ballew, 10730 Atlantic, thanked Mayor Martinez and Council Members Magill and Rosas for their service to the City. Libby Edwards, 15309 E. Chesapeake, reported on the Island Strategic Action Committee's (ISAC)safety concerns regarding the light at Aquarius Street and Corpus Christi Page 2 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 approval of a motion for an advanced warning system. Flo East, 1605 Yorktown,thanked Council Member McIntyre and Mayor Martinez for their service to District 4 and Flour Bluff. Maybeth Christensen, 15521 Cuttysark, expressed appreciation to Council Member McIntyre for her work for the Island and thanked Mayor Martinez and Council Members Scott and Magill for their service. Sylvia Tryon Oliver, 2814 Rogen Street, presented Mayor Martinez with a Certificate of Commendation on behalf of the Corpus Christi Black Chamber and expressed well wishes to the outgoing Council Members.Jack Gordy, 4118 Bray, spoke regarding the palm trees on Airline Road. Carter Tate, 13710 Primavera, thanked the City Council for their service and spoke regarding the safety concerns with the light on Aquarius Street.Arnold Valdez, spoke regarding the improvements needed for the westside and central areas of Corpus Christi. Carolyn Burger, 3821 Dunstain, spoke regarding water problems at her residence and the need for assistance from the Texas Commission on Environmental Quality. Abel Alonzo, 1701 Thames,spoke regarding the diversity of the City and the need for the community to work together to better the community. Richard Wills, 1621 Daly,spoke regarding the City's refusal to issue a general repair permit until he receives a windstorm report. H. MINUTES: 2. Regular Meeting of November 1, 2016. Mayor Martinez deviated from the agenda and referred to approval of the minutes. A motion was made by Council Member Magill, seconded by Council Member Garza, that the Minutes be passed. The motion carried by a unanimous vote. I. OUTGOING COUNCIL MEMBER SPEECHES AND PRESENTATION OF GIFTS Mayor Martinez referred to outgoing Council Member speeches and presentation of gifts. The outgoing council members thanked their families, friends,supporters, constituents, and City staff for their assistance and support during their time of service. City Secretary Rebecca Huerta presented outgoing Council Members Rosas, McIntyre, and Scott and Mayor Martinez with a gift on behalf of the City of Corpus Christi. Mayor Martinez called for a brief recess at 1:15 p.m. Mayor Martinez reconvened the meeting at 1:28 p.m. J. BOARD &COMMITTEE APPOINTMENTS: (NONE) K. EXPLANATION OF COUNCIL ACTION: L. CONSENT AGENDA: (ITEMS 3 - 8) Approval of the Consent Agenda Corpus Christi Page 3 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member McIntyre,seconded by Council Member Garza, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 3. Approving a supply agreement for the purchase of fire hydrants for new and replacement installations (Requires 2/3 vote) Motion approving a supply agreement with HD Supply Waterworks, Ltd., a Florida limited partnership, with a branch in Corpus Christi, Texas as HD Supply Waterworks, for fire hydrants in accordance with Request for Bid No.126 based on the lowest, responsive responsible bid for an estimated annual expenditure of$178,690.00, of which $148,908.34 will be funded in FY2016-2017. The term of the agreement is for one year with an option to extend for up to two additional one year periods, subject to the approval of the supplier and the City Manager or designee. This Motion was passed on the Consent Agenda. Enactment No: M2016-149 4. Developer's Agreement for Downtown Streets - Chaparral project (Bond 2008, Proposition 1) (Requires 2/3 vote) Motion authorizing the City Manager, or designee, to execute a developer's agreement with Cosmopolitan Corpus, LLC. of Corpus Christi, Texas in the amount of$142,235.89 for work associated with the Downtown Streets - Chaparral project. (BOND 2008 Proposition 1). This Motion was passed on the Consent Agenda. Enactment No: M2016-150 5. Second Reading Ordinance - Rezoning property located at 3838 Acushnet Drive (1st Reading 11/1/16) (Requires 3/4 vote) Case No. 1016-02 Jose and Hector Sanchez: A change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. The property to be rezoned is described as Block 7, Lot 13, Saratoga Weber Plaza, located on the north side of Acushnet Drive between Weber Road and Jefferson Street. Corpus Christi Page 4 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Jose and Hector Sanchez ("Owners"), by changing the UDC Zoning Map in reference to Saratoga Weber Plaza, Block 7, Lot 13 from the "CG-2" General Commercial District to the "IL" Light Industrial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031002 6. Second Reading Ordinance - Rezoning property located at 701 East Port Avenue (1st Reading 11/1/16) (Requires 2/3 vote) Case No. 1016-03 Durrill Farms, LLC: A change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. The property to be rezoned is described as a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, located between Port Avenue and Brewster Street and between Tancahua Street and Broadway Street. Planning Commission and Staff Recommendation (October 5, 2016): Approval of the change of zoning from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District. Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Durrill Farms, LLC ("Owner"), by changing the UDC Zoning Map in reference to a 2.6-acre tract of land out of Port Addition, Block 2, Lot 1, from the "IH" Heavy Industrial District to the "Cl" Intensive Commercial District; amending the Plan CC to account for any deviations; and providing for a repealer clause and publication. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031003 7. Second Reading Ordinance -Accepting and appropriating grant funds for the Violence Against Women Act (VAWA) Program within the Police Department (1st Reading 11/1/16) (Requires 2/3 vote) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of$46,226.82 for the Violence Corpus Christi Page 5 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Against Women (VAWA) Program within the Police Department with a cash match of$20,000.52 and an in-kind match of$6,900.00 for a total project cost of$73,127.34; appropriating the $46,226.82 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of$20,000.52 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of$73,127.34. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031004 8. Second Reading Ordinance -Approving the 2017 Annual Audit Plan (1st Reading 11/1/16) (Requires 2/3 vote) Ordinance to Approve the 2017 Annual Audit Plan. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 031005 N. PUBLIC HEARINGS: (ITEMS 11 - 12) 11. Public Hearing and First Reading Ordinance - Rezoning property located at 5151 McArdle Road (Requires 2/3 vote) Case No. 1016-05 The City of Corpus Christi: A change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District. The property is described as being a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive. Planning Commission and Staff Recommendation (November 2, 2016): Tract 1: Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District and in lieu thereof approval of the "CN-1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line. (See Tract Exhibit). Ordinance: Ordinance amending the Unified Development Code ("UDC'), upon application by Corpus Christi Retail Venture, LP and Corpus Christi Corpus Christi Page 6 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District on Tract 1, and to the "CN-1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 11. City Secretary Rebecca Huerta announced that Council Member Scott would be abstaining from this item. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property, formerly Mt.Vernon Park,for Corpus Christi Council for the Deaf Center and commercial uses. Mr. McGinn stated that the Planning Commission and staff recommend approval of the change of zoning from the"RS-6"to"CG-2"for Tract 1 and denial of the change of zoning for Tract 2 from "RS-6"to"CG-2" and in lieu thereof, approval of the "CN-1"for that portion of the property abutting Holmes Drive to a depth of 50 feet from the right-of-way line. The deed restrictions on the property include: a landscaping buffer; building height requirement; driveway restriction access on Holmes Drive; and the restrictions of uses such as bars,taverns, pubs, or nightclubs for the future development of the tract. Mayor Martinez opened the public hearing. The following individuals spoke in support of the zoning change: Andrew Wilson, La Palmera Mall; Beth Schlueter, Executive Director of the Corpus Christi Council for the Deaf and Hard of Hearing Center; and Abel Alonzo, 1701 Thames. The following individuals spoke in opposition to the zoning change: Leon Maternaek,4910 Andover and John Kelley, 3621 Austin. Mayor Martinez closed the public hearing. Council members discussed the following topics: removal of the electrical box on the subject property;whether the playground equipment could be used at Crestmont Park; the restriction that driveways cannot be placed on Holmes Drive; and consideration to increase the zoning notification signs. Mr. McGinn stated that the ordinance presented would need to be amended to include the metes and bounds. Council Member McIntyre made a motion to amend the ordinance to include the metes and bounds,seconded by Council Member Rubio and passed unanimously. Council Member McIntyre made a motion to approve the ordinance as amended,seconded by Council Member Rubio. This Ordinance was passed on first 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 Abstained: 1 - Council Member Scott 12. Public Hearing and First Reading Ordinance - Rezoning property Corpus Christi Page 7 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 located at 10329 Kingsbury Drive (Requires 3/4 vote) Case No. 0916-01 Coastal Bend Grace House, Inc.: A change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit. The property is described as Block 3, Lot 4, Hill Country Estates, located on the southeast corner of Kingsbury Drive and McKinzie Road. Planning Commission and Staff Recommendation (September 7, 2016): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-1/SP" General Commercial District with a Special Permit and, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit subject to seven conditions. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Coastal Bend Grace House, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 0.86-acre tract of land described as Block 3, Lot 4, Hill Country Estates, from the "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit for a social service use; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 12. Mayor Martinez stated that this item would require a three-fourths vote of the City Council in order to pass. Interim Director of Development Services Daniel McGinn stated that the purpose of this item is to rezone the subject property to allow for the construction of an approximately 4,100-square feet single-family home that would be utilized for a social service use. The residence would contain up to 10 women and an on-site director. The women would receive life-skills training that lasts for 9 months. Mr. McGinn stated that the Planning Commission and staff recommend denial of the "CG-1/SP"General Commercial District with a Special Permit and, in lieu thereof, approval of the"CN-1/SP" Neighborhood Commercial District with a Special Permit subject to seven conditions. Mayor Martinez opened the public hearing. The following individuals spoke in support of the zoning change: Keith Lawrence, 10801 Timbergrove and Founder/CEO of Coastal Bend Grace House; Dorothy Dundas, 7617 Rancho Vista;Abel Alonzo, 1701 Thames; Joel Perritte, 6922 Roseland Drive; Rick Milby,4421 High Ridge; Bill Word; and Anson Nash, 56 Virginia Hills and Executive Director of the Corpus Christi Baptist Association. The following individuals spoke in opposition to the zoning change: Juan Guerra, 10318 Kingsbury Drive; Kimberly Guerra, 10318 Kingsbury Drive; Sandra Lara, 10417 Pioneer; Dr. Sue Nelson, Superintendent of Tuloso-Midway Independent School District; and Janet Forbes, 2522 McKinzie. Mayor Martinez closed the public hearing. Council members spoke regarding the following topics:the community's Corpus Christi Page 8 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 concerns regarding the use of transitional housing in the neighborhood and the close proximity to a school; a social service use not included in any of the districts in the Unified Development Code(UDC)where they are automatically permitted; a recommendation that zoning for transitional housing facilities to be included in the UDC; concern that the property will be converted to an alternative transitional housing should Coastal Bend Grace House no longer occupy the residence; allowable uses in "CN-1";the success rate not being high in transitional housing;the size of the entire site;whether there has been anything communicated to the City stating that this specific site is the best site for the Grace House to be located or whether there is a particular reason this site is important to the applicant; a public appeal to the community to find a similarly sized location for this program; and a request for staff to review the properties listed in the Sheriff's Sale for an appropriate site. MOTION OF DIRECTION Council Member Vaughn made a motion directing the City Manager to bring back a recommendation for an amendment to the UDC to increase the zoning areas available for social service programs and further differentiate types of social programs, if necessary,seconded by Council Member Hunter and passed unanimously. Council Member Garza made a motion to deny approval of the Ordinance on first reading,seconded by Council Member Vaughn. This Motion to deny approval passed with the following vote: Aye: 9- Mayor Martinez, Council Member Garza, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 M. EXECUTIVE SESSION: (ITEMS 9 - 10) Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session at 3:04 p.m. The Council returned from executive session at 4:36 p.m. 9. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential settlement in Janet Cormier, et al v. City of Corpus Christi. Mayor Martinez referred to Item 9 and the following motion was considered: Motion to authorize the City Manager to execute all documents necessary to settle the claim of Janet Cormier in the lawsuit of Janet Cormier,et al. vs. City of Corpus Christi in an amount not to exceed $100,000. Council Member McIntyre made a motion to approve the motion,seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 9 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Absent: 1 - Council Member Garza Abstained: 0 Enactment No: M2016-151 10. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to emergency service districts, the provision of fire and ambulance services, dispatching, 911 services, Chapter 143 of the Texas Local Government Code, and collective bargaining. This E-Session Item was discussed in executive session. O. REGULAR AGENDA: (ITEMS 13 - 14) 13. One Reading Action Item - Opposing proposed Texas Commission on Environmental Quality (TCEQ) rule amendments that give TCEQ broader discretion to order boil water notices Resolution authorizing submission of comments in proposed rulemaking at Texas Commission on Environmental Quality ("TCEQ") regarding revised total coliform rule plus, TCEQ Rule Project No. 2015-035-290-OW, to oppose proposed rules that allow discretionary issuance of boil water notices and request clarification with regard to other proposed amendments. Mayor Martinez deviated from the agenda and referred to Item 13. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to oppose rules proposed by the Texas Commission on Environmental Quality(TCEQ)that allow discretionary issuance of boil water notices and request clarification with regard to other proposed amendments before the comment submission periods ends on November 22,2016. Mr. Tagliabue provided the following information:the TCEQ summary and the City's concerns. Interim Director of Water Utilities Dan Grimsbo and Water Quality Manager Gabriel Ramirez were available to respond to questions. There were no comments from the public. Council members spoke regarding the following topics:the proposed amendment to provide discretionary issuance of boil water notices; increased discretion would cause harm to the community; to provide a report on the areas of focus from other cities;whether water samples are taken by licensed employees; and the cause for backflush off of Callicoate Road. Council Member McIntyre made a motion to approve the resolution,seconded by Council Member Scott. This Resolution was passed and approved with the following vote: Aye: 8- Mayor Martinez, Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 10 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Absent: 1 - Council Member Garza Abstained: 0 Enactment No: 031006 14. Discussion and consideration of"Petition for Removal according to City Charter Sec. 11(6)(b)" of Council Member At-Large Mark Scott. Mayor Martinez referred to Item 14. City Secretary Rebecca Huerta stated that Council Member Scott would be abstaining from this item. City Secretary Huerta stated that the purpose of this item is to discuss and consider a citizen initiative petition for the removal of Council Member At-Large Mark Scott. Article II, Section 11 of the City Charter establishes requirements the City Council may use in removing a council member from office. The section cites that the Council may initiate a removal action on its own or five or more registered voters can initiate the process by petition.A citizen-initiated petition was filed with the City Secretary's Office on October 31,2016 and the petition requested the removal of Council Member Scott. City Attorney Miles K. Risley stated that the City Charter provides that the City Council may reprimand, suspend, refer or remove a member who is subject to a removal proceeding. The Charter specifies that the challenged member, prior to taking any action, shall have the right to:written articles of impeachment, an opportunity to be heard, to summon witnesses, to be represented by counsel, and to receive reasonable advance notice of a hearing. In addition, the City Council must comply with all requirements of the Open Meetings Act. Mayor Martinez called for comments from the public. Rick Milby,4412 High Ridge Drive and John Kelley, 3621 Austin, spoke in support of the removal of Council Member Scott. Council members and staff discussed the following topics: clarification on the difference between removal and impeachment; the process for impeachment; the number of times the City Council has gone through the removal process; the history on previous removal processes for council members; the importance of addressing the intent of the term limits in the City Charter;the first available opportunity to change the Charter language;whether language to change the City Charter can be proposed at the next uniform election date in 2017,to be effective in November 2018;the meetings where Council Member Scott was absent;whether Council Member Scott was paid during his "resignation" period;the full cost for an election; correspondence provided by staff to City Council during Council Member Scott's "resignation" period which excluded Council Member Scott;the reason Council Member Scott was not included in correspondence if he was still a council member; when City Council received a legal opinion regarding Council Member Scott and the holdover provision;when City Council received the second legal opinion regarding Council Member Scott;when Council Member Scott received the legal opinion;the executive session items related to Council Member Scott; the distinction between term and tenure; and whether City Council voted as a body to ask for the second legal opinion. MOTION OF DIRECTION Corpus Christi Page 11 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Council Member McIntyre made a motion directing the City Attorney to waive executive session confidentiality on the executive session in question, seconded by Council Member Vaughn and passed unanimously; Council Member Garza-absent; Council Member Scott-abstained. Council members discussed the following topics: clarification from City Attorney Risley on how the City Council came about the information regarding outside legal counsel's legal opinion regarding the 18-month term;the footnote provided on the original opinion;the formal opinion being released to the public; the appearance of collusion;whether it is possible for the City Council to speak as a body in executive session;whether any City Council member asked to not seek the second legal opinion while in executive session; Council Members Priscilla Leal and John Marez termed out during the 18-month term; and whether the footnote regarding term limits affects current terms. Council Member Vaughn made a motion to impeach Council Member Scott, seconded by Council Member Rubio. City Attorney Risley reiterated the City Charter requirements that the City Council provide the challenged member with rights as outlined in the Charter. In response to a council member, City Attorney Risley stated that a council member that is no longer in office cannot be impeached. Council Member Vaughn withdrew her motion and Council Member Rubio withdrew her second. No action was taken on this Item. P. FIRST READING ORDINANCES: (ITEMS 15 - 18) 15. First Reading Ordinance - Final Reimbursement of Election Services Overbilling (Requires 2/3 vote) Ordinance accepting payment from Nueces County in the amount of $73,616.52 as the final reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2016-2017 operating budget adopted by Ordinance 030965 to increase revenues by $73,616.52. Mayor Martinez referred to Item 15. City Secretary Rebecca Huerta stated that the purpose of this item is to accept and appropriate the second of two $73,616.52 reimbursements from Nueces County for overbilling of election services. In November 2015, Nueces County Clerk Kara Sands advised the City that Nueces County had completed an audit of election costs between October 2012 through December 2014. The audit revealed that the City had been overbilled $147,233.04 which the Nueces County Commissioners Court approved to be reimbursed. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Hunter. This Ordinance was passed on first reading and 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 Corpus Christi Page 12 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Absent: 2- Council Member Garza and Council Member Scott Abstained: 0 16. First Reading Ordinance -Accepting and appropriating a grant amendment for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant and ratifying acceptance to begin October 1, 2016 (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 Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of$50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 1, 2016. Mayor Martinez referred to Item 16.Assistant Director of Public Health Bill Uhlarik stated that the purpose of this item is to accept an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities grant to extend the grant an additional 12 months to expire September 30,2017 and increase funding by$50,000. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Vaughn. This Ordinance was passed on first reading and 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: 2- Council Member Garza and Council Member Scott Abstained: 0 17. First Reading Ordinance -Approriating funds and approving Engineering Design Contracts for Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive (Requires 2/3 vote) Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects - Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to Corpus Christi Page 13 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of$88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of$97,764 for the design of Rogerson Drive. Mayor Martinez referred to Item 17. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to appropriate $2.5 million from the Residential and Local Street Fund for the Residential Reconstruction Test Projects -Ralston Avenue and Rogerson Drive and to execute two design service contracts, one with Urban Engineering for the design of Ralston Avenue from Staples Street to Alameda, and one with Freese and Nichols for the design of Rogerson Drive from McArdle to Sunnybrook. Staff will use these two projects to provide better pricing information and data to further develop the program. Projects are planned to go out for bid in the May/June 2017 timeframe with construction projected for July 2017. There were no comments from the public. Council members spoke regarding the following topics:storm water drainage improvements for both projects; concerns with Swantner being a collector without drainage;the process for memorializing data and communicating to the public;whether bids will include additive alternatives; and appreciation to staff for the selection of the two projects. Council Member Rubio 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Garza Abstained: 0 18. First Reading Ordinance - Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities (Requires 2/3 vote) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Mayor Martinez referred to Item 18. Interim Director of Human Resources Steven Viera stated that the purpose of this item is to continue the Texas Municipal Retirement System (TMRS) updated service credits for current participants and increases for current and prior annuities. These provisions adhere to the terms of the collective bargaining agreement with the Corpus Corpus Christi Page 14 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Christi Police Officers'Association. Mr.Viera provided a brief update regarding the City's TMRS implementation plan and stated that in October 2016,the City increased its contribution to 19.46%to address the liability and will continue increase this amount by 2%every year to get back to annual repeating status by 2019. There were no comments from the public. Council members spoke regarding the accomplishments of the Council to address the liability and return to annual repeating contributions. Council Member Scott 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 Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Garza Abstained: 0 Q. FUTURE AGENDA ITEMS: (ITEMS 19 - 27) Mayor Martinez referred to Future Agenda Items. City Manager Margie C. Rose stated that staff had a planned presentation on Item 26. 19. Lease Agreement for 150 parking spaces for Police Department and Municipal Court Facilities Motion authorizing the City Manager or designee to renew a five-year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Department and Municipal Court facilities, and approving monthly lease payments of$6,620 per month inclusive of the City's share of utilities, property taxes, mowing, and parking lot maintenance. This Motion was recommended to the consent agenda. 20. Resolution ratifying the submission of a grant application for the Assistance to Firefighters Grant Program Resolution ratifying the submission of a grant application in the amount of$391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. This Resolution was recommended to the consent agenda. 21. Service Agreement for Elevator Maintenance and Repairs for 17 elevators Motion authorizing the City Manager, or designee, to approve a Corpus Christi Page 15 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Service Agreement with Schindler Elevator Corporation, of Morristown, New Jersey, to perform maintenance and repairs to 17 elevators for an amount of$95,324.84. In addition to Contractor's repair cost, this motion also included a 10% contingency of$9,532.48 to address unforeseen conditions. The award is based on the cooperative purchasing agreement with the State of Texas Multiple Award Schedule (TxMas). This Motion was recommended to the consent agenda. 22. Construction Contract for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with Associated Construction Partners, Ltd. of Boerne, Texas in the amount of$3,042,665 for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. The Motion was recommended to the consent agenda. 23. Resolution authorizing Advance Funding Agreement for 2014 Highway Safety Improvements Program (Bond 2014, Proposition 2) Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. This Resolution was recommended to the consent agenda. 24. Construction Contract for the Choke Canyon Dam Sluice Gate Stem Repairs Motion authorizing the City Manager, or designee, to execute a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of$189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. This Motion was recommended to the consent agenda. 25. Engineering Construction Contract for Alternative Capacity Power Generation Staples and Navigation Water Pump Station (Capital Improvement Project) Motion authorizing the City Manager, or designee, to execute a construction contract with McDonald Municipal & Industrial of Houston, Corpus Christi Page 16 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Texas in the amount of$868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. This Motion was recommended to the consent agenda. 26. Approving Cellular Services for Phones, Wireless Devices, and Connectivity Motion authorizing the City Manager or designee to execute a contract with T-Mobile USA, Inc., of Bellevue, Washington, based on a cooperative purchasing agreement with the Texas Department of Information Resources (DIR), for a total estimated expenditure of $1,650,348 for three years, of which $412,587 is funded in FY2016-2017, with options to extend for up to one additional one-year period subject to renewals of the State's DIR contract (DIR-TSO-3416) with T-Mobile, sufficient annual appropriations, and mutual consent of the vendor and City Manager. This Motion was recommended to the consent agenda. 27. Establishing Waste Acceptance Contract with Killian Calderon Disposal LLC Motion authorizing the City Manager or designee to execute an 11-year contract with Killian Calderon Disposal, LLC, guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region to the City's Cefe Valenzuela Municipal Landfill, with a termination date of November 12, 2027. This Motion was recommended to the consent agenda. R. BRIEFINGS: (ITEMS 28 - 29) 28. Water Quality Projects Update Mayor Martinez referred to Item 28. Interim Director of Water Utilities Dan Grimsbo introduced the presentation team including:Water Quality Manager Gabriel Ramirez, Utilities System Manager Rafael Martinez, and Assistant Director of Maintenance and Lines Wes Nebgen. Mr. Grimsbo stated that the purpose of this item is to provide a presentation on the actions that have been taken and projects started to improve water quality and plant operations. Mr. Grimsbo provided information on the actions the City has implemented and current and future actions to be taken to address the three major areas of the water system including raw water,treatment and distribution. Mr. Grimsbo provided the location, cost, and estimated timeline for the current capital improvement plan projects. 29. Ethics Commission Ethics Code Recommendations Corpus Christi Page 17 Printed on 12/8/2016 City Council Meeting Minutes November 15,2016 Mayor Martinez referred to Item 29.Assistant City Attorney Lisa Aguilar stated that the purpose of this item is to provide a report on the Code of Ethics recommendations. Ethics Commission Chair Dr. Haysam Dawod was available to respond to questions. On July 19,2016, the City Council received a presentation from the Ethics Commission Chair regarding their proposed recommendations. During that presentation,several questions were raised and taken back to the Ethics Commission on September 15,2016. The Ethics Commission reviewed the questions raised by City Council and provided recommendations for the City Council's consideration. Question 1 regarding the definition of"client"for the purposes of changes recommended to the conflict of interest section in the Ethics Code.Answer: The Ethics Commission recommend that the the term "client" be redefined to refer to a fiduciary relationship, but not an ordinary customer relationship. Question 2 regarding Restrictions on Appointments and whether the proposed amendment to Section 2-311(21)(E) regarding restrictions on appointments related to contributions in excess of$2,700 applies to a contribution by a political action committee.Answer: No. The Ethics Commission states that this amendment only applies to a contribution made by an individual and recommends no changes to their initially proposed amendment. Question 3 regarding appointments to non-profit boards and the intent regarding the proposed amendment to Section 2-311(8)(A)9 regarding appointments to non-profit boards.Answer: The Ethics Commission discussed and voted to remove this proposed amendment. Question 4 regarding what was the intent regarding the Human Resources Department's responsibilities in the definition of"official" in Section 2-311(8) (D)for the purpose of identifying City officials for Ethics Code provisions. Answer: The Ethics Commission revised their recommendation and shifted the responsibility from the Human Resources Department to the City Manager to update the list and post annually to the City's website. Question 5 regarding the proposed amendment to include the Preamble into the Ethics Code as one of the potential rules of conduct violation. Answer: The Ethics Commission voted to remove this recommendation, therefore, the language in Section 2-330(a)would remain the same. Council members spoke regarding the following topics: appreciation for staff and the Ethics Commission for their work on these recommendations; the difference between a fiduciary relationship and an ordinary customer relationship;the fields in which a fiduciary relationship is likely to occur; questions regarding removing the preamble from Section 2-330, Complaints but continuing to have a portion of the preamble language"to avoid the appearance of impropriety" remain in Section 2-11...(8)(A); a letter written by David Loeb to the Caller Times regarding the composition of the Ethics Commission;the composition of the Ethics Commission in other Texas cities and how violations are handled;the percentage of the recommendations that came from the Mureen Report; and whether the language in the Ethics Code is airtight. S. ADJOURNMENT The meeting was adjourned at 7:01 p.m. Corpus Christi Page 18 Printed on 12/8/2016 Cornus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 y cctexas.com Meeting Minutes City Council Monday, November 21,2016 10:00 AM Council Chambers SPECIAL CITY COUNCIL MEETING A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order. B. 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. City Secretary Huerta stated that per Section 67.004(a)of the Texas Election Code,two members of the governing body constitute a quorum(for the purposes of conducting the canvass) Charter Officers: City Manager Margie C. Rose, City Attorney Miles K. Risley and City Secretary Rebecca Huerta. Present: 4- Mayor Nelda Marti nez,Council Member Rudy Garza,Council Member Mark Scott, and Council Member Carolyn Vaughn Absent: 5- Council Member Michael Hunter,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lucy Rubio, and Council Member Brian Rosas C. SPECIAL CONSIDERATION ITEM: 1. Canvassing of Returns: November 8, 2016 General and Special Elections Ordinance canvassing returns and declaring the results of the General Election held on November 8, 2016, in the City of Corpus Christi, for the purpose of electing the mayor and eight Council members; and of a Special Election on that same date for the adoption of twelve (12) propositions: one (1) adopting a Type B sales tax to replace the expiring portion of the Type A sales tax; one (1) continuing the Crime Control District; nine (9) amending the City Charter; and one (1) authorizing the issuance of bonds, supported by ad valorem taxes; making appropriate findings; and declaring an emergency. Mayor Martinez referred to Item 1, canvassing the returns of the November 8, 2016 General and Special Elections. The council members canvassed the results of the election for the purpose of electing the mayor and eight council Corpus Christi Page 1 Printed on 12/8/2016 City Council Meeting Minutes November 21,2016 members and the adoption of twelve(12) propositions: one(1)adopting a Type B sales tax to replace the expiring portion of the Type A sales tax; one (1) continuing the Crime Control District; nine(9)amending the City Charter; and one(1) authorizing the issuance of bonds,supported by ad valorem taxes. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Scott. This Ordinance was passed on emergency reading and approved with the following vote: Aye: 4- Mayor Martinez, Council Member Garza, Council Member Scott and Council Member Vaughn Absent: 5- Council Member Hunter, Council Member Magill, Council Member McIntyre, Council Member Rubio and Council Member Rosas Abstained: 0 Enactment No: 031007 D. ADJOURNMENT The meeting was adjourned at 10:08 a.m. Corpus Christi Page 2 Printed on 12/8/2016 SC o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the Council Meeting of November 15, 2016 1852 Action Item for the Council Meeting of December 13, 2016 DATE: October 28, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikemaCa)cctexas.com 886-2603 Approval of lease agreement with 101 Shoreline Limited for Police/Municipal Court parking lot CAPTION: Motion authorizing the City Manager or designee to renew a five-year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Department and Municipal Court facilities, and approving monthly lease payments of$6,620 per month inclusive of the City's share of utilities, property taxes, mowing, and parking lot maintenance. PURPOSE: The current five-year lease expired on July 22, 2016 and needs to be renewed. The City Police Department and Municipal Court facility do not have sufficient on-site parking to meet the needs of the public and City employees. Only 140 of 262 parking spaces required by the Zoning Ordinance are available on site. Additional parking spaces had to be obtained offsite. The City has been leasing one hundred fifty (150) parking spaces since October 1990 at 221 S. Water Street. The City is presently on a month to month lease with the landowner, 101 Shoreline Limited BACKGROUND AND FINDINGS: The City purchased the vacated Central Power& Light Company (CP&L) building at 120 N. Chaparral on October 711, 1988 and converted it to the present Police Department and Municipal Court Facility. This building had a total of 140 on-site parking spaces. As per the City's Zoning Ordinance, 262 parking spaces were required for this size building in the B-5 zoning. The parking spaces were required either on-site or within 300 feet of the facility. The Police Department determined their actual need to be greater than the 262 spaces. There are 150 parking spaces available, which meet the 300 foot criteria, located two blocks south of the Police Department as shown on the attached location map marked Exhibit A. The property, whose address is 221 South Water Street, is owned by 101 Shoreline Limited. The City has utilized and leased these 150 spaces since October 1990 under five consecutive five- year lease agreements. This parking location, which is well lighted and maintained, provides the necessary parking for the general public which access Municipal Court, for departmental employees, and for police vehicles parking off-site. Staff has looked for other comparative and alternative parking lots within the 300 feet radius, however none have are available. The lease is a triple net (NNN) lease which requires the City to pay a 60% share of the total monthly lot expenditure which includes landscape maintenance, any parking surface repairs, utilities (electricity, water, etc.), and property taxes in addition to the fixed rent. The new negotiated lease rate of$6,620 per month equates to $44.13 per space per month. Commercial parking lots in the downtown area are limited in number with costs ranging from $120 per month for covered parking to $25 per month for uncovered parking. The proposed lease has the number of parking spaces required, is in close proximity to the City's facility, and is well maintained and lighted. The lease will be adjusted annually according to the CPI. The prior lease expired on July 22, 2016 and has been under negotiation. City staff recommends renewal of this lease under these negotiated terms. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2016- Expenditures 2017 (CIP only) Current Year Future Years TOTALS Line Item Budget $79,440 $79,440 Encumbered / Expended Amount This item $79,440 $79,440 BALANCE 0 0 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends entering into the contract. LIST OF SUPPORTING DOCUMENTS: Exhibit A, Location Map Lease Agreement e''` 47- Jahn Sartain St. �. VU i ," _ - Ic ra` Corpus Christi il Munici al Court ����• �� E., 17 p ' n it } - r Proposed Parking Area , yt�_(150 spaces) T . LO 'ice w C ' reserve 9P T for owner Kinney St. PARKING SPACE LEASE AGREEMENT This Lease Agreement ("Lease") is entered into this day of T, 2016 by and between 101 SHORELINE LIMITED, a Texas limited partnership, hereinafter referred to as the "Lessor", and the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation, hereinafter referred to as the "Lessee". WHEREAS, Lessor owns title to certain real property and improvements thereon, a parking lot with parking spaces, located on the property bounded by Kinney, Chaparral, Water, and Cooper's Alley Streets, Corpus Christi, Nueces County, Texas, legally described as Block 2, South Beach Addition, as shown on "Exhibit A", attached hereto and incorporated herein for all purposes; and WHEREAS, Lessee desires to lease one hundred fifty (150)parking spaces, as marked in Exhibit A, ("Leased Premises') for parking purposes; and WHEREAS Lessor and Lessee had previously entered into a lease agreement for a term of five (5)years which expires on the 22nd day of July, 2016, WHEREAS the Lessor and Lessee agree to renew the lease agreement for an additional term of five (5) years. NOW THEREFORE, in consideration of the mutual covenants in this agreement, the Lessor and Lessee hereby agree as follows: Section 1. TERM: The term of this Lease is for five (5)years, beginning on the date of City Council approval (commencement date). Section 2. RENT: The Lessee agrees to pay the Lessor the sum of $6,620 per month as rent, which shall be due and payable without demand or notice on or before the twenty-second (22nd) day of each month during the term of this Lease, beginning on the Commencement Date. Section 3. CPN RENTAL ADJUSTMENT: The monthly rental fee from the anniversary date of this lease to December 31 st of such calendar year shall be as set forth in Section (2) Rent Provisions of this lease. Effective on the first day of January of the calendar year immediately following the anniversary year of the execution of this lease and each January first of each year during the term of this lease, an adjustment of the monthly rental shall take place. Such adjustment shall be based upon the Consumer Price Index (CPI). On the 1st day of January of each year referenced above, the Consumer Price Index, all items, U.S., 1967=100, (or the replacement index if the Consumer Price Index has been discontinued) will be compared to the Index on the origination date of this lease and any 1 increase will be multiplied against the monthly rental fee set forth in Section (2) Rent Provisions, to determine the monthly rental rate for the next ensuing months (January through and including December). Section 4. DESCRIPTION OF PROPERTY: Lessor leases to Lessee that certain property owned by Lessor bounded by Kinney, Chaparral, Water, and Cooper's Alley Streets as described in exhibit A, for use as a parking lot. Section 5. USE: Except with the prior written consent of the Lessor, the Lessee shall use the Leased Premises as a parking lot only, and for no other purpose. Section 6. ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the Leased Premises without the written consent of the Lessor. Section 7. SURFACE MAINTENANCE: The Lessor agrees to keep the surface of the Leased Premises in good repair and maintenance during the term of this Lease. Notwithstanding the foregoing, the Lessor will be solely responsible for the costs of surface maintenance and repairs. Lessor agrees to notify the Lessee, at least ten (10)working days, prior to conducting the surface maintenance and repairs to the Leased Premises. Notice shall be sent to the Corpus Christi Police Department, Attention: Maintenance and Operations Manager at 321 John Sartain, P.O. Pox 9016, Corpus Christi, TX 78469. Section 8. MOWING AND GROUNDS MAINTENANCE: The Lessor agrees to mow and maintain the grounds for the Leased Premises. Section 9. UTILITIES: The Lessor agrees to provide the water, electric and lighting for the Leased Premises, Section 10. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the Lessor. Any alterations, additions, or structural changes, if approved, shall remain a park of the Premises at the conclusion of the term of this Lease. Section 11. INSURANCE: he Lessor agrees to maintain adequate insurance to protect against any injuries or damages sustained by individuals while upon the Leased Premises for which the Lessor may be legally responsible for. Section 12. DEFAULT REMEDIES: The Lessee hereby agrees that if the Lessee defaults in the payment of rent or violates any other covenant of this Lease, then this Lease may be forfeited at the z Lessor's discretion if such default continues for a period of thirty (30) days after the Lessor notifies the Lessee in writing of any such default and the Lessor's intention to declare this Lease forfeited. Notice shall be sent to the Corpus Christi Police Department, Attention: Maintenance and Operations Manager at 321 John Sartain, P.O. Box 9016, Corpus Christi, TX 78469. Unless the Lessee has completely removed or cured the default within thirty (30) days of receiving such notice, this Lease shall cease and the Lessor shall be entitled to immediately re-enter and retake possession of the Premises. Section 13. TERMINATION: After year 1, either party may terminate this Lease by giving the other party six (6) months written notice. The Lessee agrees to surrender the Leased Premises upon the expiration or earlier termination of this Lease in good and properly repaired condition as existed on the Commencement Date of this Lease. Section 14. QUIET ENJOYMENT: As long as the Lessee performs all of the covenants and conditions of this Lease, the Lessee shall have peaceful and quiet enjoyment of the Leased Premises for the term of this Lease. Section 16. AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council of the City of Corpus Christi, Texas and executed by the City Manager or designee. Section 16. FORCE MAJEURE: No party to this Agreement will be liable for failures and delays in performance due to any cause beyond their control including, without limitation, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 17. AMENDMENTS: No changes or modifications to this Lease Agreement shall be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. This Lease Agreement supersedes all previous agreements between the parties. Section 18. NON APPROPRIATION: The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval covering this Agreement as an expenditure in said budget; however, it's within the sole discretion of the City Council of the City to determine whether 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. 3 Section 19. CERTIFICATE OF INTERESTED PARTIES: Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_infoform1295.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.htmi. Section 20. CONFLICT OF INTEREST: Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas,com/government/city-secretary/conflict- disclosure/index Section 21. ENTIRETY CLAUSE: This Agreement and the attached and incorporated exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, which reference to the subject matter hereof, unless contained in this Agreement are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants governing each party' s performance hereunder and relating to Lessees use of the Premises. Remainder of page intentionally left blank; signature page to follow. 4 EXECUTED by the PARTIES, both of which hereby represent that the signatures to this AGREEMENT, below, are of those persons with the capacity and authority to legally bind the PARTIES. LESSEE LESSOR: CITY OF CORPUS CHRISTI 1 1 S ORELINE ikTED Margie C. Rosei ' r` Ylr. � z; . . City Manager 101 GENPAR L.L.C.,General Partner k Manager & Member At irk/ ATTEST: Rebecca Huerta, City Secretary APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney at" JI Eh Moe JP" CA F7, 12 4L,� w ru rm pr.. li-li 41 .. F pWWum w w Ww sur t !F ' W,& + E rte-'a l Hurm6 ° 6 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-130176 101 Shoreline Ltd Corpus Christi,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/28/2016 being filed. City of Corpis Christi Date Acknowledged: 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. P D 100416 Parking Lot Lease Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I 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. ;ysiPyr%'. REBECCA LYN GREENE q= MY COMMISSION EXPIRES January 28,2017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Swor to and subscribed before me,by the said /�'� this the_ day ofa-14 c, 20�,to certify which,witness my hand and seal of office. `-OCC Ali ignature of o mi icer adnistering oath Printed name of officer administering oath Thle o icer admi stering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 mus c.� AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Nc1852Ev Action Item for the City Council Meeting of December 13, 2016 DATE: October 28, 2016 TO: Margie C. Rose, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Approval to ratify grant application submission in the amount of$391,200 from the Department of Homeland Security, Assistance to Firefighters Grant Program. CAPTION: Resolution ratifying the submission of a grant application in the amount of$391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. PURPOSE: The purpose of the Assistance to Firefighters Grant (AFG) Program is to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing direct financial assistance to eligible fire departments for critically needed resources to equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience. Specifically this grant would fund (a) necessary water rescue training and (b) hardwired smoke, fire, and heat detectors in fire stations and engine rooms. BACKGROUND AND FINDINGS: The City of Corpus Christi has a fire station that is the 611 busiest fire stations in the United States. Despite the size of the city, the CCFD is fulfilling greater demands to keep the community safe. In order to maintain recognized standards and provide adequate and continuous training for firefighters, the CCFD is applying for$391,200 in grant funds which requires a 10% match. These funds will be utilized to enhance the safety of the public and firefighters with respect to fire and fire-related hazards, and assist in its mission to protect life, property, and the assets of the City from any emergency situation. Funds awarded from this grant would be utilized to (a) provide training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications (b) provide hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval needed to apply for the grant. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Comments: None RECOMMENDATION: Staff recommends approving the Resolution to ratify the submission of a grant application in the amount of$391,200 to the Assistance of Firefighters Grant Program LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Ratifying the submission of a grant application in the amount of $391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. WHEREAS, the City of Corpus Christi finds it in the best interest of the citizens of Corpus Christi to apply for Assistance to Firefighters Grant Program to enhance the safety of the public and firefighters with respect to fire and fire-related hazards by providing training and equipment to meet NFPA requirements, which includes general water rescue, flood and swift water rescue, bay and surf rescue, and boat rescue certifications and providing hardwired and monitored smoke, fire, and heat detectors, and alarm security to all fire stations; WHEREAS, the City of Corpus Christi shall agree to make available non-federal funds in an amount equal to and not less than 10 percent of the grant awarded; WHEREAS, failure to adhere to the award conditions will cause the City of Corpus Christi to be considered in default of the grant agreement, and may require the return of all federal funds disbursed under the grant. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies submission of a grant application in the amount of $391,200 to the US Department of Homeland Security, Federal Emergency Management Agency for the Assistance to Firefighters Grant Program. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Dan McQueen City Secretary Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 2 of 2 SC o� Va. v AGENDA MEMORANDUM NORROPpEO Future Item for the City Council Meeting of November 15, 2016 1852 Action Item for the City Council Meeting of December 13, 2016 DATE: November 15, 2016 TO: Margie C. Rose, City Manager FROM: Edgar Leonard, Director of Facilites and Property Management Edgarl(a�cctexas.com (361) 826-1870 Maria Pedraza, Procurement Manager Maria Pe c(-).cctexas.com (361) 826-3176 Elevator Maintenance and Repairs CAPTION: Motion authorizing the City Manager, or designee, to approve a Service Agreement with Schindler Elevator Corporation, of Morristown, New Jersey, to perform maintenance and repairs to 17 elevators for an amount of $95,324.84. In addition to Contractor's repair cost, this motion also included a 10% contingency of $9,532.48 to address unforeseen conditions. The award is based on the cooperative purchasing agreement with the State of Texas Multiple Award Schedule (TxMas). PURPOSE: To approve a Service Agreement that will allow for repairs to elevators in City facilities addressing violations identified by a qualified elevator inspector (QEI) during the annual inspections required by the Texas Department of Licensing and Regulation (TDLR) and provide enhanced safety and operational equipment. BACKGROUND AND FINDINGS: TDLR requires annual inspections of elevators to ensure compliance with safety and operational requirements. The City of Corpus Christi currently maintains 34 elevator/escalator units that the TDLR mandates to be inspected annually. The 17 elevators identified for repairs are located at five properties: American Bank Center, Museum of Science and History, O.N. Stevens Water Treatment Plant, La Retama Library and City Hall. Each elevator and associated costs are shown below. The City currently has a maintenance service agreement with Schindler Elevators Corporation. However, these deficiencies fall outside of the agreed tasks and responsibilities stated in the current agreement. The identified deficiencies must be corrected in order receive certification to operate by State law. Failure to do so will result in repeat violations with correlating fines and penalties. DECA INSTALL TOTAL LOCATION L # TYPE DATE REPAIRS American Bank Center Convention Center 14376 Passenger 1977 $14,418.54 14374 Passenger 1978 $12,522.00 14375 Passenger 1977 $4,669.14 14373 Freight 1985 $1 ,311 .17 86070 Freight 2014 $13,833.17 87848 Passenger 2014 $13,833.17 40913 Passenger 2003 $1 ,311 .17 Arena 58393 Passenger 2004 $1 ,311.17 58394 Passenger 2004 $1,311.17 50081 Passenger 2004 $1,311.17 59406 Passenger 2004 $3,781 .77 American Bank Center Total $69,613.64 Museum Science and History 14379 Passenger 1989 $1 ,444.00 14380 Freight 1989 $1 ,686.00 Museum Science and History Total $3,130.00 0.N. Stevens Water Treatment Plant 14739 Freight 1954 $13,263.00 O.N. Stevens Water Treatment Plant $13,263.00 La Retama Central Library 87821 Passenger 1984 $1 ,264.00 14365 Passenger 1984 $3,734.60 La Retama (Central) Library Total $4,998.60 City Hall 50079 Passenger 1985 $4,319.60 City Hall Total $4,319.60 Grand Total $95,324.84 ALTERNATIVES: N/A OTHER CONSIDERATIONS: No other product available. 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: Facilities and Property Management FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,706,126.44 $0.00 $1 ,706,126.44 Encumbered /Expended Amount $215,263.25 $0.00 $215,263.25 This item *$95,324.84 $0.00 $95,324.84 BALANCE $1,395,538.35 $0.00 $1,395,538.35 Fund(s): Hotel Occupancy, Visitor Facility, General fund, Water Fund, Central Library and Facilities & Property Management Comments: Funding for this service agreement has been approved in the FY2016-2017 Operation and Maintenance budget by various activities. *The above financial impact table does not include a 10% project contingency in the amount of $9,532.48 identified for unforeseen repairs, calculated as follows: $95,324.84 Total Cost of Repair $9,532.48 10% Contingency $104,857.32 RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Price Sheet SUMMARY OF QEI VIOLATIONS 2015 TxMas Contract#14-03FAC060 REbPON,SIBLE PROPOSAL BUILDING NAME DECAL ITEM DESCRIPTION PARTY STATUS AMOUNT BUILDING TOTALS AB CENTER Convention Center 14376 1 STOP SW.SHALL BE RED ISCHINDLER OPEN $ 585.37 PREVENT WATER LEAK IN PIT WATER 2 PROOF AND INSTALL SUMP PUMP SCHINDLER OPEN $12,522.00 3 FIRE FIGHTER KEY SW.KEYED SAME ISCHINDLER OPEN $ 1,311.17 Convention Center 14374 PREVENT WATER LEAK IN PIT WATER 2 PROOF AND INSTALL SUMP PUMP SCHINDLER OPEN $12,522.00 Arena 58393 REPAIR EMERGENCY LIGHT OPEN NO CHARGE IF LIGHT BULB OR BATTERY 31 FIRE FIGHTER KEY SW.KEYED SAME ISCHINDLER OPEN $ 1,311.17 Arena 58394 31 FIRE FIGHTER KEY SW.KEYED SAME SCHINDLER OPEN $ 1,311.17 Arena 50081 31 FIRE FIGHTER KEY SW.KEYED SAME SCHINDLER OPEN $ 1,311.17 ELEVATOR SHALL HAVE EMERGENCY Arena 59406 1 ALARM ISCHINDLER OPEN $ 2,470.60 31 FIRE FIGHTER KEY SW.KEYED SAME ISCHINDLER OPEN $ 1,311.17 Convention Center 14375 31 FIRE FIGHTER KEY SW.KEYED SAME ISCHINDLER OPEN $ 1,311.17 5121"TOE GUARD REQUIRED ISCHINDLER OPEN $ 3,357.97 Convention Center 14373 3 FIRE FIGHTER KEY SW.KEYED SAME ISCHINDLER OPEN $ 1,311.17 REPAIR EMERGENCY LIGHT OPEN NO CHARGE IF LIGHT BULB OR BATTERY PREVENT WATER LEAK IN PIT WATER Convention Center 86070 3 PROOF AND INSTALL SUMP PUMP SCHINDLER OPEN $12,522.00 3 FIRE FIGHTER KEY SW.KEYED SAME SCHINDLER OPEN $ 1,311.17 Convention Center 87848 PREVENT WATER LEAK IN PIT WATER 3PROOF AND INSTALL SUMP PUMP SCHINDLER OPEN $12,522.00 31 FIRE FIGHTER KEY SW.KEYED SAME ISCHINDLER OPEN $ 1,311.17 Convention Center 40913 OPEN 31 FIRE FIGHTER KEY SW.KEYED SAME SCHINDLER OPEN $ 1,311.17 AB CENTER TOTAL $ 69,613.64 IMUSEUM 14379 4 NEEDS WORKING LIGHT IN PIT SCHINDLER OPEN $ 1,444.00 14380 4 NEEDS WORKING LIGHT IN PIT ISCHINDLER OPEN $ 1,686.00 MUSEUM TOTAL $ 3,130.00 TREATMENT 14739 1 PROPER SIGNAGE IN ELEVATOR SCHINDLER OPEN $ 150.00 RUSTED HOIST ROPES TO BE 3 REPLACED AND ELEVATOR CONVERTED TO MATERIAL LIFT SCHINDLER OPEN $12,089.00 MACHINE ROOM DOOR SELF CLOSING 5 AND LOCKING ISCHINDLER OPEN $ 1,024.00 TREATMENT TOTAL $ 13,263.00 JUEN I RAL LIBRARY 87821 1 SUMP HOLES NEED COVERS ISCHINDLER OPEN $ 1,264.00 14365 1 SUMP HOLES NEED COVERS SCHINDLER OPEN $ 1,264.00 2 INSTALL EMERGENCY LIGHT SCHINDLER OPEN $ 2,470.60 3 INSTALL EMERGENCY ALARM 16UHINULER OPEN TOTALS $ 4,998.60 ICITY HALL 50079 1 11 INSTALL EMERGENCY LIGHT IN CAR ISCHINDLER OPEN $ 2,470.60 41 MR LIGHTING NOT TO BE AUTOMATIC ISCHINDLER OPEN $ 524.00 INSTALL NEW PIT LADDER ISCHINDLER OPEN $ 1,325.00 CITY HALL TOTALS $ 4,319.60 QEI VIOLATION ITEMS $ 95,324.84 SC �o 0 H v SERVICE AGREEMENT NO. 39996 b�6RPORAI�� 1852 Elevator Maintenance and Repairs THIS Elevator Maintenance and Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Schindler Elevator Corporation. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide elevator maintenance and repairs in response to Request for Bid/Proposal No. n/a ("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 elevator maintenance and repairs ("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 six 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 zero additional zero-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 $95,324.84, 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 Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Paul Chapman Department: Facilities and Property Management Phone: 361-826-1984 Email: PauIC@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 Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Paul Chapman Title: Work Coordinator Address: 5352 Ayers St. Bldg 3A, Corpus Christi, Texas 78415 Fax: 361-826-1989 IF TO CONTRACTOR: Schindler Elevator Corporation Attn: Dave Flint Title : Sales Representative Address: 5559 Bear Ln., Ste. 310, Corpus Christi, Texas 78405 Fax: 210-490-1338 City of Corpus Christi Page 4 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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 Page 5 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 (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 Page 6 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 7 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 CONTRACTO Signature: Printed Name: PA SNNtAburni... Title: DV% Date: %% \‘‘‘‘IP CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 13: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. n/a 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 Scope of Work: This project includes performing maintenance and repairs to 17 elevators located in five properties: American Bank Center, Museum of Science and History, O.N. Stevens Water Treatment Plant, La Retama Library and City Hall. Maintenance and repairs have been identified by a qualified elevator inspector during an annual inspection required by the Texas Department of Licensing and Regulation. Each elevator and associated cost are attached. All related work should be coordinated with Facilities and Property Management, and the elevator contractor. Each elevator and associated costs are shown on page 2. Page 1 of 2 LOCATION DECAL # TYPE INSTALL DATE TOTAL REPAIRS American Bank Center Convention Center 14376 Passenger 1977 $14,418.54 14374 Passenger 1978 $12,522.00 14375 Passenger 1977 $4,669.14 14373 Freight 1985 $1,311.17 86070 Freight 2014 $13,833.17 87848 Passenger 2014 $13,833.17 40913 Passenger 2003 $1,311.17 Arena 58393 Passenger 2004 $1,311.17 58394 Passenger 2004 $1,311.17 50081 Passenger 2004 $1,311.17 59406 Passenger 2004 $3,781.77 American Bank Center Total $69,613.64 Museum Science and History 14379 Passenger 1989 $1,444.00 14380 Freight 1989 $1,686.00 Museum Science and History Total $3,130.00 O.N. Stevens Water Treatment Plant 14739 Freight 1954 $13,263.00 O.N. Stevens Water Treatment Plant $13,263.00 La Retama Library 87821 Passenger 1984 $1,264.00 14365 Passenger 1984 $3,734.60 La Retama Library Total $4,998.60 City Hall 50079 Passenger 1985 $4,319.60 City Hall Total $4,319.60 Grand Total $95,324.84 Page 2 of 2 3IFIRE FIGHTER KEY SW. KEYED SAME ISCHINDLER 1 3IFIRE FIGHTER KEY SW. KEYED SAME ISCHINDLER 1 3 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER Attachment B - Price Sheet SUMMARY OF QEI VIOLATIONS 2015 TxMas Contract # 14-03FAC060 Page 1 BUILDING NAME DECAL ITEM DESCRIPTION RESPONSIBLE PROPOSAL PARTY STATUS AMOUNT BUILDING TOTALS AB CENTER Convention Center 14376 Convention Center 14374 Arena 58393 Arena 58394 Arena 50081 Arena 59406 Convention Center 14375 Convention Center 14373 Convention Center 86070 Convention Center 87848 Convention Center 40913 AB CENTER TOTAL 1 STOP SW. SHALL BE RED SCHINDLER 2 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 2 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER REPAIR EMERGENCY LIGHT 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 1 ELEVATOR SHALL HAVE EMERGENCY ALARM SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 5 21" TOE GUARD REQUIRED SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER REPAIR EMERGENCY LIGHT 3 PREVENT WATER LEAK IN PIT WATER PROOF AND INSTALL SUMP PUMP SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER 3 FIRE FIGHTER KEY SW. KEYED SAME SCHINDLER OPEN $ 585.37 OPEN $12,522.00 OPEN $ 1,311.17 OPEN $12,522.00 OPEN OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 2,470.60 OPEN $ 1,311.17 OPEN $ 1,311.17 OPEN $ 3,357.97 OPEN $ 1,311.17 OPEN OPEN $12,522.00 OPEN $ 1,311.17 OPEN $12,522.00 OPEN $ 1,311.17 OPEN OPEN $ 1,311.17 NO CHARGE IF LIGHT BULB OR BATTERY NO CHARGE IF LIGHT BULB OR BATTERY $ 69,613.64 (SCHINDLER 1 MUSEUM TOTAL MUSEUM STEVENS WATER TREATMENT SIEVENS WAIER TREATMENT TOTAL CENTRAL LIBRARY CEN 1 RAL LIBRARY TOTALS CITY HALL CITY HALL TOTALS 14379 4INEEDS WORKING LIGHT IN PIT OPEN $ 1,444.00 14380 1 4INEEDS WORKING LIGHT IN PIT (SCHINDLER (OPEN $ 1,686.00 14739 87821 14365 50079 1 PROPER SIGNAGE IN ELEVATOR SCHINDLER 3 RUSTED HOIST ROPES TO BE REPLACED AND ELEVATOR CONVERTED TO MATERIAL LIFT 4 SCHINDLER 5 MACHINE ROOM DOOR SELF CLOSING AND LOCKING SCHINDLER 1 SUMP HOLES NEED COVERS SCHINDLER 1 SUMP HOLES NEED COVERS SCHINDLER 2 INSTALL EMERGENCY LIGHT SCHINDLER 3 INSTALL EMERGENCY ALARM SCHINDLER 1 INSTALL EMERGENCY LIGHT IN CAR SCHINDLER 4 MR LIGHTING NOT TO BE AUTOMATIC SCHINDLER INSTALL NEW PIT LADDER SCHINDLER OPEN $ 150.00 OPEN $12,089.00 OPEN $ 1,024.00 OPEN $ 1,264.00 OPEN $ 1,264.00 OPEN $ 2,470.60 OPEN OPEN $ 2,470.60 OPEN $ 524.00 OPEN $ 1,325.00 Page 2 $ 3,130.00 $ 13,263.00 $ 4,998.60 $ 4,319.60 TOTAL OF REMAINING QEI VIOLATION ITEMS $ 95,324.84 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 Contract Administrator 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 GL, AL and WC if applicable. 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 Facility and Property Management Elevator Maintenance 9/26/2016 my Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS The warranty under this agrement is a 90 day warranty on parts and labor. Forms 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: 2016-112298 Date Filed: 09/15/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. schindler elevator corp san antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 39996 Elevator Services provide elevator Generator 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. 13 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AVTIN KENDRA WALL IA MY COMMISSION EXPIRES 'km ' July7, 2019 c ignature of a orized agent of contracting business entity , this the 1 day of AFFIX Sworn 20 1 (.9 NOTARY to and , STAMP subscribed to certify / SEAL ABOVE before me, by the said which, witness my hand A Llyliq and seal o office. A VA ( \ If\i-t\A,ul yr( li Signature of officer administering oath Printed name of officer administering oath Title of officer inistering 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 November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: October 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 Engineerinq Construction Contract Sharpsburg Lift Station Upgrade & Up River Road Force Main Rehabilitation (Capital Improvement Project) 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 $3,042,665 for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. CIP Description: Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation The Sharpsburg Lift Station presently experiences near overflow conditions in extreme wet weather conditions. Recent improvements to the Wood River Lift Station and force main system, which flows into the Sharpsburg Lift Station, may exacerbate local peak flow loadings. Existing pump capacity is inadequate to handle peak flows and anticipated 20 -year area development contributions. Proposed improvements include four 70 horsepower capacity pumps, associates piping, odor control, instrumentation and controls, a standby emergency generator and site and security improvements. Future ultimate capacity improvements will include a 36 -inch force main, a 54 -inch gravity and expanded Lift Station wet well. BACKGROUND AND FINDINGS: This project provides for critical upgrades to the Sharpsburg Lift Station to increase capacity for current and future demands in addition to equipment upgrades for better maintenance for improved reliability with reduced maintenance cost. The Sharpsburg Lift Station and Force Main System were constructed in 1989. The overall service area encompasses approximately 16,400 acres. A summary of the improvement include the following: • Replacement of existing three submersible pumps with four new pumps and controls • New odor control system • New control building • New parallel six-inch polyvinyl chloride (PVC) force main to the Upriver lift station • Improvements of supervisory control and data acquisition (SCADA) system • Miscellaneous site improvements On October 12, 2016, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR TOTAL BASE BID Associated Construction Partners, Ltd. Boerne, TX $3,042,665 J.S. Haren Company Athens, TN $3,545,000 CPC Interests, LLC dba Clark Pipeline Services Corpus Christi, TX Non-responsive bid submittal Engineer's Opinion of Probable Construction Cost $3,170,350 The City's consultant, LJA Engineering, Inc., analyzed the three proposals and recommended the project be awarded to Associated Construction Partners, Ltd. Based on a review of Associated Construction Partners' experience and resources, Associated Construction Partners is qualified to provide the construction services for the project. LJA Engineering, Inc. and the City determined that CPC Interests, LLC dba Clark Pipeline Services 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. This item requires a 2/3 majority vote as per City 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 Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) 4,517,200 200,000 4,717,200 Encumbered / Expended Amount 632,500 632,500 This Item 3,042,665 3,042,665 Future Anticipated Expenditures This Project 520,051 520,051 BALANCE 3,884,700 (3,362,716) 521,984 Fund(s): Wastewater CIP #11 Comments: This project requires approximately 400 days for construction with anticipated completion February 2018. The construction contract will result in the expenditure of an amount not to exceed $3,042,665. RECOMMENDATION: City Staff recommends approval of a construction contract with Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $3,042,665 for the Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET SHARPSBURG LIFT STATION UPGRADE & UP RIVER ROAD FORCE MAIN REHABILITATION FUNDS AVAILABLE: Wastewater CIP $4,717,200 FUNDS REQUIRED: Construction: Construction (Associated Construction Partners) THIS ITEM 3,042,665 Construction Contingency (10%) 304,267 Construction Observation & Testing: Construction Observation Estimate (TBD) 170,000 Construction Materials Testing (Rock Engineering) 29,507 Engineer: Engineer (LJA Engineering, Inc.) 402,918 Original 48,785 *Amendment No. 1 226,780 Amendment No. 2 19,375 Amendment No. 3 6,255 Amendment No. 4 30,811 Amendment No. 5 23,110 Amendment No. 6 0 Amendment No. 7 47,802 Reimbursements: Total Reimbursements 245,860 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 94,344 Engineering Services (Project Mgmt/Constr Mgmt) 141,516 Misc 10,000 TOTAL $4,195,217 PROJECT BUDGET BALANCE $521,984 *Amendment No. 1 approved by City Council on March 31, 2009 by Motion No. M2009-075 moo's, as 118891 North San Pedro ,J,f Ave J E Ave J � 9IA Rc5b5raWnarya,^`+"ere ❑n Robstown 75 Northwest Bl -pd r) Walmart Supercenter Project Location i#1i Vb et FM -44 Flint Hills Resources • EP Pa aoanvi J h SedWICk Rd V Sharpsburg Lift Station Upgrade & Up River Rd Force Main Rehabilitation (7389) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES WV' CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3. 5, and 6 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-130651 Date Filed: 10131/2016 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 Name of governmental entity or state agency that is a party to the contract for which the farm 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. 7389-Sharpsburg Lift Station Sharpsburg Lift Station and Up River Road Force Main Rehabilitation 4 Name 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 swear, or atfirm7 er penalty of p ury, that the above disclosure is true and correct. :' t RENEE RIEBER • ' Notary Aublic STATE :.If TEXAS r My Comm. Exp. March 19, 2b191 Signature ni' a u tfT zed en t of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE i Sworn to and subscribed before me, by the said I \ gt ■ -'L7 this the i t day of �— 20, to Certify which, witness my hand and seal o ce. If Si 1 ure of officer administering oath Pri ted name of fficer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx,us Version V1,0.277 Carpus Chr sti Engineering Sharpsburg Lift Station Upgrade and Up River Road Force Main Rehabilitation Council Presentation November 15, 2016 Project Location Corpus Chr'sti Engineering a lex&ean Peho Rob 5lcum m • ® e Waimel Supe/center 411, r, EOM Sharpsburg Lift Station EP Flint Hill, ae9ource9 • EVA 2 Vicinity Map Corpus Chr sti Engineering 3 Project Scope Corpus Chr sti Engineering This project provides for critical upgrades to the Sharpsburg Lift Station to increase capacity for current and future demands in addition to equipment upgrades for better maintenance for improved reliability with reduced maintenance cost. • Replacement of existing three submersible pumps with four new pumps and controls • New odor control system • New control building • New parallel six-inch PVC force main to the Upriver lift station • Improvements of SCADA system • Miscellaneous site improvements Project Schedule Carpus Chr sti Engineering 2016 2017 2018 OCT NOV DEC Bid & Award JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB Construction Project Construction Estimate: 400 Calendar Days = 14 Months Schedule reflects City Council construction award in December 2016 with completion planned by February 2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 25, 2016 TO: Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Valerie H. Gray, P. E., Executive Director, Public Works valerieg@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P. E., Director, Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement 2014 Highway Safety Improvement Program Advance Funding Agreement Bond 2014, Proposition 2 CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. PURPOSE: The purpose of this Agenda Item is to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program grant for the City's 10% share of this project. BACKGROUND AND FINDINGS: In 2014, the City applied for and received a $5.7 million grant from Texas Department of Transportation's (TxDOT) Highway Safety Improvement Program (HSIP). The HSIP provides grant funding for highway safety projects that eliminate or reduce the number and severity of traffic crashes. HSIP funding is for construction costs only with a 90/10 participation by State/Local Governments respectively. The Local Government is responsible for all other costs such as design, right of way, permitting and TxDOT administrative fees. The City participation is being funded from the voter approved Bond 2014 Proposition 2 — TXDOT Participation. To achieve maximum impact, City staff evaluated locations for coordination with Bond 12 and 14 street projects. The grant requires that the project be advertised and awarded by TxDOT. An AFA is required to provide the construction costs and other direct State costs, detailed in the budget page of the AFA to TxDOT. The design for this project was completed under a large contract by Maldonado -Burkett ITS (MBITS) that was awarded by Council in March of 2016. The design includes eleven (11) locations that meet all requirements of the HSIP within the City's available resources and to receive the grant match. The upgrades in the HSIP project include replacement of signal and pedestrian heads, pedestrian poles, electrical wiring, ground boxes, detections systems, and controller cabinets necessary to improve functionality and safety for public transportation. The following is a summary of the locations: 1. Agnes Street Corridor from McBride to 19th St (4 new & 2 upgrades) 2. Alameda Street Corridor from Glazebrook to Texan Trail (2 upgrades) 3. Ayers Street Corridor from McArdle to Port (1 new & 2 upgrades) 4. Baldwin Blvd. Corridor from Airport to Crosstown (4 upgrades) 5. Doddridge Street Corridor from Alameda to Ocean (3 upgrades) 6. Greenwood Drive Corridor from South Padres Island Drive to Gollihar (4 upgrades) 7. Kostoryz Road Corridor from McArdle to Norton (6 upgrades) 8. Port Ave. Corridor from Tarlton to Ruth (1 new & 3 upgrades) 9. Staples Street Corridor from Mustang to Carmel Parkway (5 upgrades) 10. Weber Road Corridor from McArdle to Gollihar (2 upgrades) 11. Ocean Drive Corridor from Peoples Street to Louisiana (5 upgrades) ALTERNATIVES: 1. Execute the Advance Funding Agreement with TXDOT. (Recommended) 2. Do not execute the Advance Funding Agreement with TXDOT. (Not recommended) CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Fiscal Year 2016-2017 Project to Date Budget and Expenditures Current Year Future Years TOTALS Budget $1,587,753.79 $1,587,753.79 TxDOT Projected Participation Total Budget Encumbered / Expended Amount $781,583.94 $781,583.94 This item (TxDOT) $779,877.60 $779,877.60 Future Anticipated Expenditures This Project $26,292.25 $26,292.25 BALANCE $0 $0 Fund(s): Street CIP RECOMMENDATION: City staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Resolution Advance Funding Agreement Presentation PROJECT BUDGET 2014 Highway Safety Improvements Program FUNDS AVAILABLE: Street CIP (Bond 2014 Proposition 2) $1,587,753.79 FUNDS REQUIRED: Engineering Contracts: Total Engineering Contracts 781,583.94 Preliminary Design (Maldonado -Burkett ITS, LLP) 37,063.57 Detailed Design, Bid/Construction Services (Maldonado -Burkett ITS, LLP) 744,520.37 Advance Funding Agreement - Local Match (TXDOT) 779,877.60 Reimbursements: Total Reimbursements 26,292.25 Administration/Finance (Engineering/Capital Budget/Finance) 11,146.00 Engineering Services (Project Mgmt) 14,646.25 Miscellaneous 500.00 TOTAL $1,587,753.79 ESTIMATED PROJECT BUDGET BALANCE $0.00 Nuec2 Bay • Project Locations co �O •2 • 5 • C • LOCATION MAP NOT TO SCALE Project Number: E152E5 Highway Safety Improvement Plan CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's local participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for 2014 Highway Safety Improvements Program with the City's participation in the amount of $779,877.60 from the Bond 2012 and Bond 2014 programs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. ATTEST THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn STATE OF TEXAS COUNTY OF TRAVIS CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Highway Safety Improvements Program Project Off System THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order Number 114335 that provides for the development of, and funding for, the Project described herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , 20, which is attached to and made a part of this agreement as Attachment A for the development of the Project. A map showing the Project location appears in Attachment B, which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement The period of this LPAFA is as stated in the Master Agreement, without exception. AFA-LPAFA ShortGen.doc Page 1 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 2. Termination of this LPAFA Termination of this LPAFA shall be under the conditions as stated in the Master Agreement. This LPAFA may be terminated by the State if the Project is inactive for thirty-six (36) months or longer and no expenditures have been charged against federal funds. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work The scope of work for this LPAFA is described as the improvement and interconnection of existing traffic signals at multiple locations within the City of Corpus Christi. 5. Right of Way and Real Property Right of way and real property shall be the responsibility of the Local Government as stated in the Master Agreement, without exception. 6. Utilities Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement, without exception. 7. Environmental Assessment and Mitigation Environmental assessment and mitigation will be carried out as stated in the Master Agreement. Additionally, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Compliance with Texas Accessibility Standards and ADA Compliance with Texas Accessibility Standards and the Americans with Disabilities Act (ADA) will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services Architectural and engineering services will be provided by the Local Government as stated in the Master Agreement. The Local Government is responsible for performance of any required architectural or preliminary engineering work. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. The State may review and comment on the work as required to accomplish the public purposes of the Local Government. AFA-LPAFA_ShortGen.doc Page 2 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities Construction responsibilities will be carried out by the State as stated in the Master Agreement. 11. Project Maintenance Project maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds A. A Project Budget Estimate is provided in Attachment C. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for one hundred percent (100%) of the cost of any work performed under its direction or control before the Federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures and Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. A Source of Funds estimate based on the Transportation Improvement Program (TIP) is also provided in Attachment C. Attachment C shows the percentage and estimated dollar amount to be contributed to the project by federal, state, and local sources. The parties agree that the LPAFA may be amended from time to time as required to meet the funding commitments based on revisions to the TIP, Federal Project Authorization and Agreement (FPAA), or other federal document. AFA-LPAFA ShortGen.doc Page 3 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development D. The Local Government is responsible for all non-federal and non -state funding, unless otherwise provided for in this agreement or through amendment of this agreement. Where Special Approval has been granted by the State, the Local Government shall only in that instance be responsible for overruns in excess of the amount to be paid by the Local Government. E. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. F. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation." The check or warrant shall be deposited by the State and managed by the State. Funds may only be applied by the State to the Project. If after final Project accounting any excess funds remain, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. G. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. H. When Special Approval has been granted by the State so that the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification of those amounts. I. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Any entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA-LPAFA ShortGen.doc Page 4 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development J. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. K. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. 13. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements, and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this AFA-LPAFA ShortGen.doc Page 5 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. 17. Cost Principles and Office of Management and Budget (OMB) Audit Requirements In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 18. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 19. Civil Rights Compliance A. Compliance with Regulations: The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they AFA-LPAFA ShortGen.doc Page 6 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development may be amended from time to time, which are herein incorporated by reference and made part of this agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the Federal Highway Administration, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling, terminating, or suspending of the contract, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect AFA-LPAFA ShortGen.doc Page 7 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 20. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally -Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT -assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub -contractor) must include the following assurance: The contractor, sub -recipient, or sub -contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. AFA-LPAFA ShortGen.doc Page 8 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 21. Federal Funding Accountability and Transparency Act Requirements A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkg/FR-2010-09-14/pdf/2010-22705.pdf and http://www.apo.qov/fdsys/pkg/FR-2010-09-14/pdf/2010-22706.pdf B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub -part 4.11) if this award provides more than $25,000 in Federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine -character number that allows the Federal government to track the distribution of federal money. The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five (5) executives to the State if: i. More than 80% of annual gross revenues are from the Federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 22. Single Audit Report A. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR 200. B. If threshold expenditures of $750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division at sinaleaudits@txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY ." D. For each year the project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the agreement, unless otherwise AFA-LPAFA ShortGen.doc Page 9 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development amended or the project has been formally closed out and no charges have been incurred within the current fiscal year. 23. Pertinent Non -Discrimination Authorities During the performance of this contract, the Local Government, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects). C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (49 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. AFA-LPAFA ShortGen.doc Page 10 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). AFA-LPAFA ShortGen.doc Page 11 of 12 Revised 10/18/2016 CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development 24. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Kenneth Stewart Director of Contract Services Texas Department of Transportation Date AFA-LPAFA ShortGen.doc Page 12 of 12 Revised 10/18/2016 AFA-LPAFA ShortGen.doc CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT A RESOLUTION OR ORDINANCE Page 1 of 1 Attachment A CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT B PROJECT LOCATION MAP INDEX IF `.:HEETS SEE SHEET STATE OF TEXAS DEPARTMENT OF TRANSPORTATION B PLANS OF PROPOSED STATE HIGHWAY IMPROVEMENT FEDERAL AID FROJECTI (CS) AG N ES ST, ETC. NUECES COUNTY NET LENGTH CV PROJECT - MILES LIMITS. 0 AGMED ST. B MT -ABIDE LM., NAVIGATION BLVD., BALDWIN BLVD., AIMAMOT RJ., PORT AVE., 1915 ST. LOU IRIS-55--I,5c 0 ALAMEDA ST. • OLIZEBROOL ST., TEXAN 0 AIERS ST. N Ms.].E RD.. GOLLIHARRD.. PORT 1 1 AVE. 115JC41.76-135, ® BALDWIN BLVD. R AIRPORT RD., MORGAN AVE., VDEENMOOD DR., PORT kVE., SH 285 82.5J 0916-75-I661 0 DDCORIDEE ST. • ALAMEDA ST., SANTA FE ST., OCEAN OR. !CSA 0915-3S-1 BTI (h EOSTORr2 RD. s AtANOLE RD., NLHMrWEST BRDCxND., OTLLIHAR RD.,HS HORNE RD., RANNEROR PT. NORTON 5T. EISA 0116-33-1(91 ® PART AVE. • RUTH ST., MORGAN APE., BALDWIN BLVD., TARLTON ST. ICSJ D916-15-1901 0 ST ERHART PO., GDL LEHAR RD., CARMEL PAWN ICSS CR15-55-1911 ® MEBEREND. B MCAROLE RD., GOLLIHAN RD. ,CSJ 0916-33--INVI ® OCEAN DR. B PEOPLED ST., LAMBENCE ST., COOPERS ALLEY, PARR AVE., DUFOID ST. ICSJ 1915-j5-1971 FOR THE CONSTRUCTION OF. TRAFFIC SIGNAL IVSTALLATIONARCRADE CORPUS CHNI`-.TI, TA POP: 371,334 PFSII.N SAFFB = 8/8 N/A LA41 GT, ec Access ibi Iity Spcc'GI ist IFAS'. I 1spectipn Required T_LD 80. EABPRJ PCIE Of LETT Pr DAIL NC. DEG 4 FIVAL PLANS DrIE WEAK COWLETE, .'E TED UST Of •1•11.fli CHarLE 0.01. . ., erg �j 10EwrHi01 Y1. 61 - EN EPTICHS• RAILROAD CfM1,55.651 NM.; urn. 5.1THER• CITY of CORPUS CHRISTI TEXAS TEXAS o>a„m OIVydmrr ,,Aye a,Po.rmm:r a• rri9•„er.,„9 s.,c,,., LETTPICI 1 ED urluAPAC� 1,7r x Tx[ F01.1L xs-WxLT NX IS TIE Amnionirr OF T 15 MT 110 BE USES FOR LEITAC. AFA-LPAFA_ShortGen.doc Page 1 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "A" LEGEND • SIGNAL L- =a -GE NSF TEX, - N,:ECE ` A,:ETC ES.,. AFA-LPAFA ShortGen.doc Page 2 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "B" LEGEND • SIGNAL UPGRADE N E, E T. AFA-LPAFA ShortGen.doc Page 3 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "B" FrOk TEx._ 9I. L HGHND • SIGNAL LPG�ADE SHEET usT z3<. N.JEiME'E3. .3. ETCCS ETC AFA-LPAFA ShortGen.doc Page 4 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "C" LEGEND • SIGNAL LPSPADE ,raTE ars, TExAi - NJECES 0,7„EfC ..� AFA-LPAFA ShortGen.doc Page 5 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development HSIP PROJECT LOCATIONS INSET "D" LEGEND II SIGNAL UPGRADE 163, EC: AFA-LPAFA ShortGen.doc Page 6 of 6 Attachment B CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Costs will be allocated based on applicable Federal funding and a fixed amount of Local Government funding until Local Government funding reaches the maximum obligated amount. The State will then be responsible for 100% of the costs. Description Total Estimated Cost Federal Participation State Participation Local Participation Cost Cost Cost Engineering (by Local Government) $280,000.00 $0 $0 $280,000.00 Construction (State) 0916-35-183 $910,013.00 $819,011.70 $0 $91,001.30 Construction (State) 0916-35-184 $278,591.00 $250,731.90 $0 $27,859.10 Construction (State) 0916-35-185 $396,203.00 $356,582.70 $0 $39,620.30 Construction (State) 0916-35-186 $371,453.00 $334,307.70 $0 $37,145.30 Construction (State) 0916-35-187 $185,727.00 $167,154.30 $0 $18,572.70 Construction (State) 0916-35-188 $371,454.00 $334,308.60 $0 $37,145.40 Construction (State) 0916-35-189 $464,318.00 $417,886.20 $0 $46,431.80 Construction (State) 0916-35-190 $396,203.00 $356,582.70 $0 $39,620.30 Construction (State) 0916-35-191 $557,181.00 $501,462.90 $0 $55,718.10 Construction (State) 0916-35-192 $185,727.00 $167,154.30 $0 $18,572.70 AFA-LPAFA ShortGen.doc Page 1 of 2 Attachment C CSJ # 0916-35-183, 0916-35-184 0916-35-185, 0916-35-186 0916-35-187. 0916-35-188 0916-35-189, 0916-35-190 0916-35-191, 0916-35-192 0916-35-193, 0916-35-194 District # CRP 16 Code Chart 64 #09800 Project: Signal Improvements @various locations in Corpus Federal Highway Administration CFDA Title: Highway Planning /Construction CFDA No.: 20.205 Not Research and Development Construction (State) 0916-35-193 $386,311.00 $347,679.90 $0 $38,631.10 Construction (State) 0916-35-194 $356,595.00 $320,935.50 $0 $35,659.50 Subtotal $5,139,776.00 $4,373,798.40 $765,977.60 Environmental Direct State Costs $1,120.00 $0 $0 $1,120.00 Right of Way Direct State Costs $1,120.00 $0 $0 $1,120.00 Engineering Direct State Costs $2,240.00 $0 $0 $2,240.00 Utility Direct State Costs $1,120.00 $0 $0 $1,120.00 Construction Direct State Costs $83,000.00 $74,700.00 $0 $8,300.00 Indirect State Costs $252,380.00 $0 $252,380.00 $0 TOTAL $5,480,756.00 $4,448,498.40 $252,380.00 $779,877.60 Initia payment by the Local Government to the State: $5,600.00 Payment by the Local Government to the State before construction: $774,277.60 Estimated total payment by the Local Government to the State $779,877.60 is an estimate. The total amount of Local Government participation shall not exceed the amount appearing above. AFA-LPAFA ShortGen.doc Page 2 of 2 Attachment C Corpus Chr sti Engineering Highway Safety Improvements Project (HSIP) Council Presentation November 15, 2016 Highway Safety Improvements Project (HSIP) Locations Carpus Chr sti Engineering •,....INN ERSTATE 37 The 11 Corridors are as follows: N 1. Agnes - McBride to 19th St (4 new & 2 upgrades) 2. Alameda - Glazebrook to Texan Trail (2 upgrades) 3. Ayers - McArdle to Port (1 new & 2 upgrades) Corpus cnn 5Y 4. Baldwin - Airport to Crosstown (4 upgrades) • 11 5. Doddridge - Alameda to Ocean (3 upgrades) 6. Greenwood - SPID to Gollihar (4 upgrades) 7. Kostoryz - McArdle to Norton (6 upgrades) • 2 8. Port Ave - Tarlton to Ruth (1 new & 3 upgrades) 6• • 5 9. Staples - Mustang to Carmel Pkwy (5 upgrades) • 3 ••9 10. Weber - McArdle to Gollihar (2 upgrades) 11. Ocean - Peoples St to Louisiana (5 upgrades) • Ao X10 co co �o (. • Project Locations 2 Project Scope Corpus Chr sti Engineering This Advanced Funding Agreement provides for the City's local match and requirements for the TxDOT Highway Safety Improvement Program (HSIP). The City received a $5.7 Million grant in 2014 HSIP projects specifically target public transportation safety Grant provides a 90/10 participation by State/City (construction only) City is responsible for design, land acquisition, construction admin, etc. TxDOT advertises and awards the project The 11 locations are coordinated with other City Bond programmed street improvement projects 3 Project Schedule Corpus Chr'sti Engineering 2016 2017 F MIA MJJA SIO Design= NIDIJIFIMIAIMIJIJIAISIOINID Bid Construction* *Construction time is estimated; construction and award managed by TXDOT. Corpus Chr sti Engineering Questions? AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: October 27, 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 Enqineerinq Construction Contract Choke Canyon Dam Sluice Gate Stem Repairs CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of $189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Choke Canyon Dam Sluice Gate Stem Repairs project. BACKGROUND AND FINDINGS: Choke Canyon Dam was constructed in the 1980's to include an outlet tower and four sluice gates to allow release of water from the dam. The outlet tower is the low flow outlet used for the release of downstream water supply and pass-thru water for in -stream and freshwater inflows under the agreed order with the Texas Commission on Environmental Quality (TCEQ). Sluice Gate No. 1 is for the upper elevation and Sluice Gate No. 4 at the lower depths. These gates and operable equipment are original equipment. The equipment is now obsolete and the original manufacturer is defunct. This requires custom fabrications of parts and equipment with excessive lead times and cost. This project provides for developing replacement parts with continued support and repairs to Sluice Gate No. 3 and No. 4. Sluice Gate No. 3 became inoperable in 2011 as a result of damage from a flood event. Both sluice gates are raised and lowered by controls in the outlet tower through a motor actuated stem. The damage bent the stems preventing operation of the gates. The damage to Sluice Gate No. 4 was discovered near the surface that includes deterioration/damage to the stem and hangers that anchor the stem to the dam. These stems and hangers must be custom machined (fabricated) to match the original design. To ensure accurate replacement, the City staff contracted a dive company to remove the damaged parts so identical parts could be machined and installed. This process allows future replacement of other stems and hangers. The fabrication and installation includes new sluice gate stems, couplings, keys, and hangers for Sluice Gate No. 3 and No. 4. Restoration of gate operations and demonstration through acceptance testing are part of the project requirements. On September 28, 2016, the City received proposals from three (3) bidders and the respective bids were as follows: CONTRACTOR BASE BID (INCLUDES ALLOWANCE) * Huffman Contractors, LLC Nederland, Texas $189,999 AllTech Engineering Corp. Mendota Heights, MN $229,365 Blastco Texas, Inc. Houston, Texas $240,500 Engineer's Opinion of Probable Construction Cost $211,200 *Includes an allowance of $50,000 for all bidders for unanticipated repairs. The City's consultant, Freese and Nichols, Inc. (FNI), conducted a bid analysis of the three (3) proposals submitted to the City. Based on the information submitted in accordance with the contract documents, Huffman Contractors, LLC of Nederland, Texas, was determined to be the lowest responsive and responsible bidder with the sufficient experience and resources. 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. This item requires a 2/3 majority vote as per City 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 Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) $275,000 $275,000 Encumbered / Expended Amount 40,096 40,096 This Item 189,999 189,999 Future Anticipated Expenditures This Project 43,437 43,437 BALANCE $1,468 $1,468 Fund(s): Water CIP Comments: This project requires approximately 150 calendar days for construction with anticipated completion May 2017. The construction contract will result in the expenditure of an amount not to exceed $189,999. RECOMMENDATION: City Staff and the design engineer recommend approval of a construction contract with Huffman Contractors, LLC of Nederland, Texas in the amount of $189,999 for the Choke Canyon Dam Sluice Gate Stem Repairs for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET CHOKE CANYON DAM SLUICE GATE STEM REPAIRS FUNDS AVAILABLE: Choke Canyon Trust Fund $275,000 FUNDS REQUIRED: Construction: Construction (Huffman Contractors, LLC) THIS ITEM 189,999 Construction Contingency (10%) 19,000 Engineer: Engineer (Freese and Nichols, Inc.) 40,096 Reimbursements: Total Reimbursements. 24,438 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 4,813 Engineering Services (Project Mgmt/Constr Mgmt) 9,625 Misc 10,000 TOTAL $273,532 PROJECT BUDGET BALANCE $1,468 .Jourdanton Damesharloel5Charlotte N Hinder Zella anieles Fowlerton Christine Fashing Per +, C❑❑❑❑ C❑❑❑❑❑ R❑❑❑r❑❑L Talar T❑ ❑ 0 0 ❑❑ Severe Sisters 7e,Rivers ._..._. (`;7fir lUI Pawnee "El) Tul eta Normanr7 Beer i l Project Location 5,1 Freer z.13i San Diego LOCATION MAP NOT TO SCALE Ben,..,�._ Ma acne Grove 614) Rt :,;Project Number: E1623❑ Choke Canyon Dam Sluice Gate Stem Repairs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersion v1.u. 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: 2016-126211 Date Filed: 10/19/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Huffman Contractors, LLC Nederland, 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. E16237 Choke Canyon Sluice Gate stem Repairs 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 9 AFFIDAVIT �` AMANDA KAY JOHNSON My Commission Expires ,4 '� January 4, 2017 ,*. I swear. or affirm, under penalty of perjury, that the above disclosure is true and correct. -^ ig ture of authorized agent of contracting business entity �] „Sk.)'"\AV- , this thee— I` fi`' day of J r AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the 20 ) LQ , to certify which, witness my hand said NGV\NA, and seal of office. N\f` x•cCSv SJv-N - t-U,(Li fit- %.X GS hN Signatu - .f officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us ersion v1.u. Corpus Chr sti Engineering Choke Canyon Dam Sluice Gate Stem Repairs Council Presentation November 15, 2016 Project Location Corpus Chr sti Engineering Choke Canyon Reservoir Tx Hwy 72 rre firers Seven Sisters Cr: Freer Pawnee Choke Canyon Dam LS San Die -cry Alice Tul eta Narmanna Beeville Orange Grove CD Sinton °dero Robstown Corpus Christi Golfed Refugio Woodsboro Portland Driscoll Aran. Mus rsia 2 Vicinity Map Corpus Chr'sti Engineering // sluice Gate Frio River No.3&4 Release of downstream freshwater supply to Corpus Christi Choke Canyon Reservoir yon 7x Hwy 72 Project Scope Carpus Chr sti Engineering This project includes custom fabrication and installation of new sluice gate parts for Sluice Gate No. 3 and No. 4 on the outlet tower for Choke Canyon Reservoir including: • Sluice gate stems • Couplings, keys, and • Hangers Project Schedule Corpus Chr sti Engineering 2016 2017 SEP OCT NOV DEC Bid & Award JAN FEB MAR APR MAY 111Lonstruction Project Construction Estimate: 150 Calendar Days = 5 Months Schedule reflects City Council construction award in December 2016 with completion planned by May 2017 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: TO: November 3, 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 Enqineerinq Construction Contract Alternative Capacity Power Generation Staples and Navigation Water Pump Station (Capital Improvement Project) CAPTION: Motion authorizing the City Manager, or designee, to execute a construction contract with McDonald Municipal & Industrial of Houston, Texas in the amount of $868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. PURPOSE: The purpose of this agenda item is to obtain authority to execute a construction contract for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. CIP Description: Alternative Capacity Power Generation This project is the first phase of the Texas Commission on Environmental Quality Alternative Capacity Requirement Implementation Plan to provide emergency back-up power at the Staples Pump Station and Navigation Pump Station which are critical to the water distribution pumping facilitates. BACKGROUND AND FINDINGS: This construction contract allows for the installation of two diesel power generators at the Navigation and Staples Pump Stations, respectively, to allow for continued operation at these critical pump stations during a power outage, as well as minor electrical modifications at the O.N. Stevens Water Treatment Plant. In June 2012, the Texas Commission on Environmental Quality (TCEQ) approved the City's Alternative Capacity Requirement (ACR) Implementation Plan to replace four existing elevated storage tanks (ESTs) at Pressure Zone 1 (including the O.N. Stevens Water Treatment Plant and three pump stations) with four new ESTs in four phases over a nine-year period. This Plan increases the combined capacity of elevated storage for Pressure Zone 1 from current 3.5 Million Gallon (MG) to 7.5 MG. In August 2012, Bath Engineering was selected as the Design Engineer through Request for Qualifications No. 2012-03 Bond Issue 2012 and CIP Projects. In July 2014, the City administratively awarded Bath Engineering a professional services contract to perform a feasibility study identifying the best choice of two emergency power generators for the City. Based on the feasibility study, the recommendation was to install diesel power generators with fuel system at the Navigation and Staples Pump Stations. This recommendation will minimize the construction cost and shorten the construction duration for these two emergency generators. In May 2015, the City executed Amendment No. 1 to the contract with Bath Engineering for the design of the pump station improvements as recommended in the 2014 feasibility study. On April 19, 2016, City Council approved construction of the second phase of ACR Implementation for one EST at Holly Road and one EST at Rand Morgan Street. The construction will start in middle of June, 2016 and complete in early 2018. In May 2016, City Council approved the award of the design contracts for phases 3 and 4, new elevated storage tanks at Starry Road and Nueces Bay Blvd. The table below outlines the four phases of the City's ACR Implementation Plan: Phase Description Status 1 Construct 2 new emergency generators located Navigation and Staple Pump Stations, respectively Construction (THIS PROJECT) 2 Construct 2 new EST's; 3.0 MG at the Holly Road Pump Station and 0.75 MG EST at the Rand Morgan Street Construction 3 Construct a new 2.5 MG EST at the Starry Road on City -owned property Design g 4 Construct a new 1.25 MG EST at the Nueces Bay Blvd at undetermined site Design g Note: Phase 3 & 4 IS combined as single contract to improve efficiencies and cost effectiveness. On October 12, 2016, the City received proposals from two (2) bidders and the respective bids were as follows: CONTRACTOR BASE BID (INCLUDES ALLOWANCE)* McDonald Municipal & Industrial Houston, Texas $868,869 Rabelais I&E Constructors Corpus Christi, Texas $1,173,960 Engineer's Opinion of Probable Construction Cost $1,180,000 *Includes an allowance of $20,000 for all bidders for AEP Electric Utility. The City's consultant, Bath Engineering analyzed the two proposals and recommended the project be awarded to McDonald Municipal & Industrial. Based on a review of McDonald Municipal & Industrial's experience and resources, McDonald Municipal & Industrial is qualified to provide the construction services for the project. ALTERNATIVES: 1. Authorize the execution of the construction contract. (Recommended) 2. Do not authorize the execution of the construction contract. (Not Recommended) OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy. This item requires a 2/3 majority vote as per City 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 Expenditures Current Year Future Years TOTALS Line Item Budget (CIP) $1,398,300 $1,398,300 Encumbered / Expended Amount $170,640 $170,640 This Item 868,869 868,869 Future Anticipated Expenditures This Project 224,731 224,731 BALANCE $134,060 $134,060 Fund(s): Water CIP #2 Comments: This project requires approximately 180 days for construction with anticipated completion June 2017. The construction contract will result in the expenditure of an amount not to exceed $868,869. RECOMMENDATION: City Staff recommends approval of a construction contract with McDonald Municipal & Industrial of Houston, Texas in the amount of $868,869 for the Alternative Capacity Power Generation - Staples and Navigation Water Pump Station for the Total Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET ALTERNATIVE CAPACITY POWER GENERATION STAPLES AND NAVIGATION WATER PUMP STATION FUNDS AVAILABLE: Water CIP $1,398,300 FUNDS REQUIRED: Construction: Construction (McDonald Municipal & Industrial) THIS ITEM 868,869 Construction Contingency (10%) 86,887 Construction Observation & Testing: Construction Observation Estimate (TBD) 45,000 Construction Materials Testing (Rock Engineering) 7,929 Geotechnical Investigation Testing Estimate (Rock Engineering) 5,000 Design: Design Engineer (Bath Engineering) 155,640 Original Contract (Bath Engineering) 32,500 *Amendment No. 1 (Bath Engineering) 90,955 Amendment No. 2 (Bath Engineering) 32,185 Engineer for TCEQ Permit Assistance (Urban Engineering) 15,000 Reimbursements: Total Reimbursements. 79,915 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance) 27,966 Engineering Services (Project Mgmt/Constr Mgmt) 41,949 Misc 10,000 TOTAL 1,264,240 PROJECT BUDGET BALANCE $134,060 *Amendment No. 1 approved by City Council on May 19, 2015 by Motion No. 2015-047 ONS North San Pedro. P.obstown • Petrerbi Ia Dderrr Nie$ R aY.� • Project Locations N Tierra Grande S S o V • Dhckprrnark Ranch LOCATION MAP NOT TO SCALE Corpus Christi Project Number: E121E1 Alternate Capacity Power Generation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Alternative Capacity Power Generation Staples and Navigation Water Pump Station Council Presentation November 15, 2016 Project Location Corpus Chr sti Engineering Spring arden-Terra Verde oma -Lost 'reek SII ONSWTP • North San Pedro Robatown Petronila v Navigation Pump Station Corpus Christi Tiara G"ande Staples St. Pump Station Project Scope Carpus Chr sti Engineering This project is the first phase of the TCEQ Alternative Capacity Requirement (ACR) Implementation Plan to provide emergency back-up power at two critical water distribution pumping facilities. • Navigation Pump Station • Staples Street Pump Station Project Schedule Corpus Chr sti Engineering 2016 2017 OCT NOV DEC JAN FEB MAR APR MAY JUN Bid & Award ElirConstruction Project Construction Estimate: 180 Calendar Days = 6 Months Schedule reflects City Council construction award in December 2016 with completion planned by June 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 it there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-127092 Date Filed: 10/21/2016 Date Acknowledged: I Name of business entity filing form, and the city, state and country of the business entity's place of business. C. F. McDonald Electric, 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. The 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. E12141 Staples and Navigation Water Pump Stations Alternate Power Generation Project 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Stephenson, Larry Houston , TX United States X Keller, Harry Houston , TX United States X Berkenmeier, Wayne Houston , TX United States X Dollar, Diane Houston, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT .ti r, r. ,..,�,�.�....,a.�„�.;.���. I swear, or affirm, under penalty of perjury, that the {5Yw5 .P.7"< DIANADOLLARl ,mm i II ;f`� Votary Public, State tit Texas V + , 1,/,y C,ornmisstan Expitos li-10-2016 above disclosure is true and correct. l� z. AFFIX NOTARY Sworpand 20 ",..1.4."'S-.> "'' ``r Signature of authorized agent of contracting business entity STAMP / SEAL ABOVE � J � [��Qf,� ,�/� subscribed before me, by the said1 1 L, 'ff l� ' ,r �tflis the al day of , to certify which, witness my hand and seal of office. i(t» ' 11Signa r- :'e. ''!� inistering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 31, 2016 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology Bmercado@cctexas.com (361) 826-3740 Approving Cellular Services for Phones, Wireless Devices, and Connectivity CAPTION: Motion authorizing the City Manager or designee to execute a contract with T -Mobile USA, Inc., of Bellevue, Washington, based on a cooperative purchasing agreement with the Texas Department of Information Resources (DIR), for a total estimated expenditure of $1,650,348 for three years, of which $412,587 is funded in FY2016-2017, with options to extend for up to one additional one- year period subject to renewals of the State's DIR contract (DIR-TSO-3416) with T -Mobile, sufficient annual appropriations, and mutual consent of the vendor and City Manager. PURPOSE: To transition to one cellular provider for city -owned devices for central management. The move to a single carrier will allow the city to achieve efficiencies, cost savings, and improved inventory management of cellular devices and data services. BACKGROUND AND FINDINGS: Mobile technology is now the standard in all industries, including city government. Smartphones, tablets, and Wi-Fi devices are currently in use by city departments to provide work efficiency in the workplace. Currently four cellular providers provide service to city departments. Each city department handles the management and procurement of devices and services. The approval of this item will provide efficiencies in the approval, procurement, inventory, and invoice processing with a centralized service. A city-wide policy has been put in place that requires all devices be approved by city management. Devices will be standardized across all departments. All city devices will be managed and monitored using specialized software that will be installed on city phones and tablets. Evaluation Process In June 2016, an evaluation committee was formed from city department representatives to do the following: • Review cost of existing service with AT&T, Sprint, T -Mobile, and Verizon • Review city department requirements for cell phone and data services • Prepare vendor evaluation matrix • Conduct vendor presentations with AT&T, Sprint, T -Mobile, and Verizon • Conduct cellular performance and coverage testing • Prepare final scoring and recommendation. The evaluation representatives included staff from Police, Fire, Utilities, Solid Waste, Information Technology, City Management Office, and Finance. The evaluation committee is recommending T -Mobile as the City's provider. Pricing and network coverage/performance were key factors that led to the selection of T -Mobile. With the transition to one cellular vendor, the city will achieve at a minimum a 15% reduction in the cost of service per device. Cost of New Service The estimate below includes the T -Mobile order for the initial purchase and future planned purchases. The cost for fiscal year 2016/2017 expected for 9 months at $45,843/month is $412,587. The savings over last fiscal year results in a cost savings of $115,000 per year. The average cost for all devices (cell phones, tablets, sim cards, and hotspots) is $30 per month which includes the hardware and service. The amount shown below is a monthly estimate with projected costs over the life of the three-year contract. Future Purchases Planned Toughbooks and Ticketwriters in use by city departments have imbedded cellular service that does not allow the ability to change out cellular providers. T -Mobile has provided options and staff plans to address the move to T -Mobile service for Toughbooks and Ticketwriters in Summer 2017. The expected increase in mobile adoption will require departments to identify needs and obtain approval from the City Manager and Assistant City Manager prior to the order of new service. We anticipate the move to standardized devices and services city-wide will provide awareness of a service that will generate demand for increased efficiencies. Monthly Estimate: T -Mobile Order $38,606 Universal Service Charge $514 Spare phones $0 Durable protective cases $0 Future Purchases Planned Toughbooks(Fire, EMS, Animal Control) $1,314 Ticketwriters (PD, Parks) $3,429 Anticipated increase in mobile adoption $1,980 $6,723 TOTAL $45,843 ALTERNATIVES: 1. Approve the T -Mobile contract using the State of Texas DIR Contract DIR-TSO-3416. 2. Continue de -centralization of cellular devices and service (Not recommended). OTHER CONSIDERATIONS: Not applicable 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 Encumbered / Expended Amount This item $412,587 $1,237,761 $1,650,348 BALANCE Comments: Charges to be made directly to individual city department operational accounts RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: DIR Contract with T -Mobile T -Mobile Estimate Pricing Cost Analysis of Cellular Service Vendor Evaluation Matrix DIR Contract No. DIR-TSO-3416 Vendor Contract No. STATE OF TEXAS DEPARTMENT OF INFORMATION RESOURCES CONTRACT FOR PRODUCTS AND RELATED SERVICES T -MOBILE USA, INC. 1. Introduction A. Parties This Contract for products and related services is entered into between the State of Texas, acting by and through the Department of Information Resources (hereinafter "DIR") with its principal place of business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, and T -Mobile USA, Inc. (hereinafter "Vendor"), with its principal place of business at 12920 SE 38th Street, Bellevue, Washington 98006. B. Compliance with Procurement Laws This Contract is the result of compliance with applicable procurement laws of the State of Texas. DIR issued a solicitation on the Comptroller of Public Accounts' Electronic State Business Daily, Request for Offer (RFO) DIR-TSO-TMP-234, on December 9, 2015, for Hardware, Software and Services for Wireless Voice, Data, Pagers and Mobile Satellite Voice. Upon execution of this Contract, a notice of award for RFO DIR-TSO-TMP-234 shall be posted by DIR on the Electronic State Business Daily. C. Order of Precedence For purchase transactions under this Contract, the order of precedence shall be as follows: this Contract; Appendix A, Standard Terms and Conditions For Products and Related Services Contracts; Appendix B, Vendor's Historically Underutilized Businesses Subcontracting Plan; Appendix C, Pricing Index; Exhibit 1, Vendor's Response to RFO DIR-TSO-TMP-234, including all addenda; and Exhibit 2, RFO DIR-TSO-TMP-234, including all addenda; are incorporated by reference and constitute the entire agreement between DIR and Vendor governing purchase transactions. In the event of a conflict between the documents listed in this paragraph related to purchases, the controlling document shall be this Contract, then Appendix A, then Appendix B, then Appendix C, then Exhibit 1, and finally Exhibit 2. In the event and to the extent any provisions contained in multiple documents address the same or substantially the same subject matter but do not actually conflict, the more recent provisions shall be deemed to have superseded earlier provisions. 2. Term of Contract The term of this Contract shall be two (2) years commencing on the last date of approval by DIR and Vendor. Prior to expiration of the original term, DIR and Vendor may extend the Contract, upon mutual agreement, for up to two (2) optional one-year terms. Additionally, the parties by mutual agreement may extend the term for up to ninety (90) 1 DIR Contract No. DIR-TSO-3416 Vendor Contract No. additional calendar days. 3. Product and Service Offerings A. Products Products available under this Contract are limited to Wireless Voice and Data Products required for services offered in B. below as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer's product line which was not included in the Vendor's response to the solicitation described in Section 1.B above. B. Services Services available under this Contract are limited to Wireless Voice and Data Services as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their service offering; however, any changes must be within the scope of services awarded based on the posting described in Section 1.B above. 4. Pricing Pricing to the DIR Customer shall be as set forth in Appendix A, Section 8, Pricing, Purchase Orders, Invoices and Payment, and as set forth in Appendix C, Pricing Index, and shall include the DIR Administrative Fee. 5. DIR Administrative Fee A) The administrative fee to be paid by the Vendor to DIR based on the dollar value of all sales to Customers pursuant to this Contract is two percent (2%). Payment will be calculated for all sales, net of returns and credits. For example, the administrative fee for sales totaling $100,000 shall be $2,000. B) All prices quoted to Customers shall include the administrative fee. DIR reserves the right to change this fee upwards or downwards during the term of this Contract, upon written notice to Vendor without further requirement for a formal contract amendment. Any change in the administrative fee shall be incorporated in the price to the Customer. 6. Notification All notices under this Contract shall be sent to a party at the respective address indicated below. If sent to the State: Shannon Kelley, CTPM, CTCM Manager, Contract and Vendor Management Department of Information Resources 300 W. 15th St., Suite 1300 Austin, Texas 78701 Phone: (512) 936-2233 Facsimile: (512) 475-4759 2 DIR Contract No. DIR-TSO-3416 Vendor Contract No. Email: shannon.kelley@dir.texas.gov If sent to the Vendor: T -Mobile USA, Inc. Attn: Vice President, Business and Government Sales 12920 SE 38th Street Bellevue, WA 98006 With a copy to: T -Mobile USA, Inc_ Attn: Legal Department 12920 SE 38th Street Bellevue, WA 98006 7 Software License and Service Agreement A. Shrink/Click-wrap License Agreement Regardless of any other provision or other license terms which may be issued by Vendor after the effective date of this Contract, and irrespective of whether any such provisions have been proposed prior to or after the issuance of a Purchase Order for products licensed under this Contract, or the fact that such other agreement may be affixed to or accompany software upon delivery (shrink-wrap), the terms and conditions set forth in this Contract shall supersede and govern the license terms between Customers and Vendor. It is the Customer's responsibility to read the Shrink/Click-wrap License Agreement and determine if the Customer accepts the license terms as amended by this Contract. If the Customer does not agree with the license terms, Customer shall be responsible for negotiating with the reseller to obtain additional changes in the Shrink/Click-wrap License Agreement language from the software publisher. 8. Authorized Exceptions to Appendix A, Standard Terms and Conditions for Product and Related Services Contracts. No exceptions have been agreed to by DIR and Vendor. {remainder of page intentionally left blank} 3 DIR Contract No. DIR-TSO-3416 Vendor Contract No. This Contract is executed to be effective as of the date of last signature. T -Mobile USA, Inc. Authorized By: Signature on File Name: Matt Millen Title: VP T -Mobile Date: 4/27/2016 The State of Texas, acting by and through the Department of Information Resources Authorized By: Signature on File Name: _ Wayne Egeler Title: CTS Director Date: 5/3/2016 Office of General Counsel: Initials on File 4 T -MOBILE ESTIMATE PRICING as of 10.12.16 iPhone QTY Samsung 17 QTY iPad QTY Android Tablet QTY Hot Spot (MiFi) QTY SIM Cards (Cradlepoints) QTY Total # of Devices Monthly Cost Airport 9 3 2 14 $ 319.55 Animal Care 14 1 9 24 $ 552.30 Auditor 0 $ - City Manager 1 1 $ 29.05 City Secretary 1 1 $ 29.05 Code Enforcement 23 23 $ 430.10 Communications 1 1 $ 29.05 Development Svcs 18 15 33 $ 772.35 Engineering 15 5 20 $ 425.75 Facilities 19 1 20 $ 384.35 Finance 5 3 8 $ 180.65 Fire 26 28 62 116 $ 3,611.70 Fleet 4 4 $ 74.80 Health 9 37 6 14 12 78 $ 2,034.78 HCD 5 5 5 1 16 $ 585.95 Human Resources 1 1 $ 29.05 IGR 1 1 $ 18.70 IT 6 2 10 4 22 $ 589.00 Legal 2 2 $ 58.10 Marina 3 1 4 $ 85.15 Mayor 1 1 $ 29.05 Police 12 152 17 169 350 $ 9,127.10 Parks & Rec 10 10 $ 290.50 Risk Management 1 8 9 $ 251.10 Solid Waste 90 35 11 136 $ 3,019.30 Streets 16 6 7 29 $ 676.85 Utilities 246 43 127 416 $ 14,972.81 TOTALS 289 456 132 84 128 237 1340 $ 38,606.14 iPhone QTY Samsung 17 QTY iPad QTY Android Tablet QTY Hot Spot (MiFi) QTY SIM Cards (Cradlepoints) QTY Total # of Devices Monthly Cost Monthly Estimate: T -Mobile Order $38,606 Universal Service Charge $514 Spare phones $0 Durable protective cases $0 Future Purchases Planned Toughbooks(Fire, EMS, Animal Control) $1,314 Ticketwriters (PD, Parks) $3,429 Anticipated increase in mobile adoption $1,980 TOTAL $45,843 Carrier ATT Verizon Sprint T -mobile Cricket Total Cost Analysis of Cellular Service FY 11-12 FY 12-13 FY 13-14 FY 14-15 FY 15-16 Avg per Month 316,897.24 535,854.07 268,997.75 99,625.97 143,211.92 22,743.12 21,308.66 115,936.26 187,208.57 199,294.31 252,121.30 12,931.15 171,019.60 194,939.23 318,534.06 231,383.25 282,544.49 19,973.68 1,728.91 677.84 273.40 648.78 891.53 70.34 768.00 0.00 0.00 0.00 0.00 12.80 $ 511,722.41 $ 847,407.40 $ 775,013.78 $ 530,952.31 $ 678,769.24 $ 55,731.09 Cellular Vendor Selection - Evaluation Matrix Scope of project: This project will select the primary wireless telecommunications provider for City of Corpus Christi employees, including cellular smartphones, wi-fi hotspots for laptop computers, cellular - enabled tablets, and sim card data service for technology devices. The move to a single carrier will allow us to achieve efficiencies, cost savings, and improved inventory management of mobile devices. 100 81 72 96 85 Proposed customer service structure 15 13 8 14 13 Flexible invoicing/payment process 10 8 4 8 8 Coverage/Performance 25 15 25 24 25 Proposed project implementation 5 5 2 5 4 Device Hardware Flexibility Options including accessories 5 5 5 5 5 Vendor Response to selection committee 5 5 3 5 5 Services and Pricing 35 30 25 35 25 100 81 72 96 85 DocuSign Envelope ID: E5E97EFE-D71 F-41 F1 -A600 -95830753685B Forms provided by Texas Ethics Commission www.ethics.state.tx.us t sion VLL). 4'''',//47" WAS tt5'i�\ 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: 2016-131081 Date Filed: 11/0112016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. T -Mobile USA, Inc. Bellevue, WA 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, DIR-TSO-3416 Wireless services and equipment 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 if is NO Interested Party. Check only there 111 6 AFFIDAVIT I swear, or DocuSigned L AFFIX NOTARY STAMP 1 SEAL ABOVE Sworn to and subscribed before me, by the said 1fit,l'M?_S affirm, under penalty of perjury, that the above disclosure is true and correct. by: ignature of authorized agent of contracting business entity Klftot this the 2 4 d day of Ma/POI 6 t;- 20 1 t9 , to certify which, witness my hand and seal of office. 10A `11�t,y1111I111/007) NOTARY PUBLIC ' yy ig' G— 'per,)) i -up s Signature of officer administering oath Printed name of officer administering oath F. Title onf I �gAlflisterin ath V a ;y'n.A \.0;I0112QZ0 .•. Forms provided by Texas Ethics Commission www.ethics.state.tx.us t sion VLL). 4'''',//47" WAS tt5'i�\ Budget Account 1 Annual Cost Future Year Monthly Cost Annual Cost 16-17 Airport 4610-35000-272-530200 $ 821.70 $ 68.48 $ 616.28 4610-35010-274-530200 $ 547.80 $ 45.65 $ 410.85 4610-35040-271-530200 $ 547.80 $ 45.65 $ 410.85 4610-35050-272-530200 $ 821.70 $ 68.48 $ 616.28 4610-35055-272-530200 $ 1,095.60 $ 91.30 $ 821.70 $ - $ - Animal Care 1020-12680-081-530200 $ 3,866.10 $ 322.18 $ 2,899.58 1020-12680-095-530200 $ 2,761.50 $ 230.13 $ 2,071.13 $ - $ - City Manager 1020-10100-705-530200 $ 348.60 $ 29.05 $ 261.45 $ - $ - City Secretary 1020-10020-714-530200 $ 348.60 $ 29.05 $ 261.45 $ - $ - Code Enforcement 1020-11500-157-530200 $ 5,161.20 $ 430.10 $ 3,870.90 $ - $ - Communications 1020-11470-172-530000 $ 348.60 $ 29.05 $ 261.45 $ - $ - Development Svcs 4670-12201-281-530200 $ 9,268.20 $ 772.35 $ 6,951.15 $ - $ - Engineering 5310-11145-011-530200 $ 5,109.00 $ 425.75 $ 3,831.75 $ - $ - Facilities 5115-40300-191-530200 $ 2,767.32 $ 230.61 $ 2,075.49 5115-40310-191-530200 $ 1,844.88 $ 153.74 $ 1,383.66 $ - $ - Finance 4010-30010-183-530200 $ 2,167.80 $ 180.65 $ 1,625.85 $ - $ - Fire 1020-12040-093-530200 $ 43,340.40 $ 3,611.70 $ 32,505.30 $ - $ - Fleet 5110-40200-202-530200 $ 897.60 $ 74.80 $ 673.20 $ - $ - Health 1020-12600-101-530200 $ 2,504.34 $ 208.70 $ 1,878.26 1020-12630-101-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1020-12640-101-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1020-12690-102-530200 $ 2,191.30 $ 182.61 $ 1,643.48 9100-772697C-715-530200 $ 2,191.30 $ 182.61 $ 1,643.48 9100-732597C-715-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-831518F-103-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-830516F-102-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-830970S-103-530200 $ 2,191.30 $ 182.61 $ 1,643.48 9100-752537C-715-530200 $ 2,191.30 $ 182.61 $ 1,643.48 1066-830117F-103-5530200 $ 2,191.30 $ 182.61 $ 1,643.48 $ - $ - HCD 1059-851502F-131-30201 $ 7,031.40 $ 585.95 $ 5,273.55 $ - $ - Human Resources 1020-11400-211-530200 $ 348.60 $ 29.05 $ 261.45 $ - $ - IGR 1020-10250-291-530200 $ 224.40 $ 18.70 $ 168.30 $ - $ - IT 5210-40430-241-530200 $ 7,416.60 $ 618.05 $ 5,562.45 Taxes/Add Ons 5210-40430-241-530200 $ 86,842.32 $ 7,236.86 $ 65,131.74 $ - $ - Legal 1020-10500-001-530200 $ 697.20 $ 58.10 $ 522.90 $ - $ - Marina 4700-35300-123-530200 $ 1,021.80 $ 85.15 $ 766.35 $ - $ - $ - $ - Police 1020-11870-151-530200 $ 18,254.20 $ 1,521.18 $ 13,690.65 1020-11860-155-530200 $ 730.17 $ 60.85 $ 547.63 1061-821001-151-530200 $ 66,445.29 $ 5,537.11 $ 49,833.97 9010-11711-151-530200 $ 24,095.54 $ 2,007.96 $ 18,071.66 $ - $ - $ - $ - Parks & Rec 1020-12926-142-530200 $ 1,045.80 $ 87.15 $ 784.35 1020-13045-242-530000 $ 2,440.20 $ 203.35 $ 1,830.15 $ - $ - Risk Management 5613-11460-005-530200 $ 3,013.20 $ 251.10 $ 2,259.90 $ - $ - Solid Waste 1020-12500-033-530200 $ 3,522.52 $ 293.54 $ 2,641.89 1020-12504-033-530200 $ 3,522.52 $ 293.54 $ 2,641.89 1020-12506-033-530200 $ 754.83 $ 62.90 $ 566.12 1020-12510-032-530200 $ 24,406.01 $ 2,033.83 $ 18,304.51 1020-12511-031-530200 $ 3,522.52 $ 293.54 $ 2,641.89 1020-13870-034-530200 $ 503.22 $ 41.93 $ 377.41 $ - $ - Streets 1041-12310-053-530200 $ 2,811.53 $ 234.29 $ 2,108.65 1041-12320-053-530200 $ 937.18 $ 78.10 $ 702.88 1041-12400-051-530200 $ 3,123.92 $ 260.33 $ 2,342.94 1041-12403-051-530200 $ 312.39 $ 26.03 $ 234.29 4300-32003-051-530200 $ 937.18 $ 78.10 $ 702.88 $ - $ - Utilities 4010-30005-041-530200 $ 2,642.26 $ 220.19 $ 1,981.70 4010-30200-061-530200 $ 5,284.52 $ 440.38 $ 3,963.39 4010-30205-061-530200 $ 1,761.51 $ 146.79 $ 1,321.13 4010-30210-061-530200 $ 4,403.77 $ 366.98 $ 3,302.83 4010-30250-061-530200 $ 5,284.52 $ 440.38 $ 3,963.39 4010-31010-062-530200 $ 28,184.11 $ 2,348.68 $ 21,138.08 4010-31501-063-530200 $ 24,661.10 $ 2,055.09 $ 18,495.82 4010-31510-041-530200 $ 20,257.33 $ 1,688.11 $ 15,193.00 4010-31520-041-530200 $ 26,422.61 $ 2,201.88 $ 19,816.95 4010-31700-043-530200 $ 880.75 $ 73.40 $ 660.57 4010-33100-064-530200 $ 880.75 $ 73.40 $ 660.57 4200-31010-062-530200 $ 880.75 $ 73.40 $ 660.57 $ 550,116.00 $ 45,843.00 $ 412,587.00 4200-33100-064-530200 $ 2,642.26 $ 220.19 $ 1,981.70 4200-33120-064-530200 $ 3,523.01 $ 293.58 $ 2,642.26 4200-33130-064-530200 $ 2,642.26 $ 220.19 $ 1,981.70 4200-33140-064-530200 $ 1,761.51 $ 146.79 $ 1,321.13 4200-33210-065-530200 $ 6,165.27 $ 513.77 $ 4,623.96 4200-33400-042-530200 $ 14,092.06 $ 1,174.34 $ 10,569.04 4200-33500-065-530230 $ 6,165.27 $ 513.77 $ 4,623.96 4300-32005-043-530200 $ 4,403.77 $ 366.98 $ 3,302.83 4300-32006-063-530200 $ 13,211.30 $ 1,100.94 $ 9,908.48 4300-32040-067-530200 $ 3,523.01 $ 293.58 $ 2,642.26 $ 550,116.00 $ 45,843.00 $ 412,587.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 15, 2016 Action Item for the City Council Meeting of December 13, 2016 DATE: October 26, 2016 TO: Margie C. Rose, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM@cctexas.com (361) 826-1972 Establish waste acceptance contract with Killian Calderon Disposal LLC CAPTION: Motion authorizing the City Manager or designee to execute an 11 -year contract with Killian Calderon Disposal, LLC, guaranteeing the delivery of specific tonnage of acceptable waste collected within the boundaries of the Coastal Bend Council of Governments region to the City's Cefe Valenzuela Municipal Landfill, with a termination date of November 12, 2027. PURPOSE The agreement assures that the Killian Calderon Disposal will dispose of 80% of waste collected from inside the City limits at the Cefe Valenzuela Landfill, with a minimum of 2,000 tons per year. Killian Calderon Disposal will receive a 25% discount off of the published disposal fee. If the minimum of 2,000 tons is exceeded by 33% (660 tons), then an additional 15% discount will be applied on disposal fees for waste in excess of 2,660 tons in each contract year. The agreement will have an effective date of November 12, 2016, and will end November 12, 2027, to align with the termination dates of similar active contacts with Corpus Christi Disposal, Dawson Recycling, Captain Hook, BFI, Coastal Trailer Trash, Absolute Waste Acquisitions, and the Bag Lady. BACKGROUND AND FINDINGS: The efficient operation of the Cefe Valenzuela Landfill is dependent upon consistent volumes of solid waste. Competition from area landfills increases the importance to be competitive in price and service. The City has previously entered into "put or pay" disposal agreements with local commercial waste haulers, as well as Aransas County, offering discounts from the published disposal rate of 25% if the hauler agrees to deliver 80% of their waste to the City and 28% if the hauler agrees to deliver 100% of their waste to the City. Both Killian Calderon Disposal and the City of Corpus Christi will realize cost and efficiency benefits through the execution of this agreement. William Killian, a principal partner with Killian Calderon Disposal, has approved the execution of this agreement. CONFORMITY TO CITY POLICY: This agreement is consistent with the terms offered to other major waste haulers agreement and does not conflict with City policy. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: City Attorney. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $53,420 $534,200 $587,620 BALANCE $53,420 $534,200 $587,620 Fund(s): General Fund Comments: The revenue stated above assumes 10.5 months of disposal activity at the discounted rate of $26.71 per ton in FY 2017, and 10 future years' revenue at the same discounted rate. RECOMMENDATION: Staff recommends the approval of this contract. LIST OF SUPPORTING DOCUMENTS: Hauler Agreement Exhibit A WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND KILLIAN CALDERON DISPOSAL, LLC TABLE OF CONTENTS Article Subject 1 General Provisions 2 Acceptable Waste 3 Fees 4 Billing and Payments 5 Landfill Procedures 6 Assignments 7 Insurance 8 Indemnification 9 Governmental Regulation 10 Suspension for Force Majeure 11 Liquidated Damages and Default 12 Representation and Warranties 13 Governing Law and Venue 14 Miscellaneous Provisions Page Number 6 8 11 12 14 14 14 16 17 18 19 20 20 WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ("the City") and Killian Calderon Disposal, LLC ("Hauler"), requires the City to accept, process, and dispose of acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal Landfill ("Landfill"), with its entrance on County Road 20 in Nueces County, Texas, and requires the Hauler to deliver to the Landfill and pay for the disposal of a minimum volume of acceptable Solid Waste under the terms and conditions of this Agreement. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS 1.1 Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and construction/demolition materials, but does not include hazardous, medical, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets, plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and home improvement centers that is free of hardware and other large fasteners, such as hinges, hurricane straps, latches, etc., and is not attached to concrete, wallboard, roofing materials, or other construction materials. Coastal Bend Council of Governments' Region ("CBCOG Region') means Aransas, Bee, Brooks, Duval, Jim Wells, Live Oak, Kenedy, Kleberg, McMullen, Nueces, San Patrick), and Refugio Counties. Construction/demolition materials means waste resulting from construction or demolition projects, including brick, concrete, concrete rubble, gypsum board, lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stalls, sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica, and similar items). Debris means large waste materials, such as construction/demolition materials, ashes, roofing materials, dirt, automobile frames, tires, or other bulky heavy materials. Page 1of25 Effective date means November 12, 2016. Force Majeure means any event or condition, whether affecting the Landfill, the City, or the Hauler, that has, or may reasonably be expected to have, a material adverse effect on a party's obligation under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control, based on sound management or industry practices, and not the result of willful or negligent action or a lack of reasonable diligence, of the party ("non-performing party") relying the event or condition as justification for not performing any obligation or complying with any condition required of the party under this Agreement. The following events or condition shall, if they meet the requirements of the preceding sentence, constitute a Force Majeure: (a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of the public enemy, war, blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence. (b) The order or judgment of any Federal, State, or local court, administrative agency, or governmental officer or body, if it is not also the result of willful or negligent action or a lack of reasonable diligence of the non-performing party, and the non-performing party does not control the administrative agency or governmental officer or body, provided that the diligent contest in good faith of any order or judgment does not constitute or may not be construed as a willful or negligent action or a lack of reasonable diligence of the non-performing party. (c) The adoption, promulgation, issuance, material modification, or change n interpretation, after the date of this Agreement, of any Federal, State, or local law, regulation, rule, requirement, or ordinance. (A law, regulation, rule, requirement, or ordinance is duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, when it is in provisional, interim, or final form and effective or to become effective without any further action by any Federal, State or local governmental body, administrative agency, or governmental official having jurisdiction.) (d) The failure of the City or public utilities having operational jurisdiction in the area of the Landfill to provide, maintain, and assure the maintenance of all utilities, services, sewerage, and water lines essential to the operation of the Landfill, except a failure caused by the gross negligence, willful action, or a lack of reasonable diligence by the City. (e) A strike, lockout, or other similar labor action. (f) The failure to obtain or maintain any essential permit or license from any governmental unit. Garbage means putrescible animal or vegetable matter, such as waste material and refuse Page 2 of 23 usually associated with the preparation of food from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses, and boardinghouses, but does not include sewage, body waste, or industrial byproducts. Generator means the person that creates a solid waste. For the purposes of this Agreement, a construction or repair contractor or landscape or tree service is considered to be the generator of any solid waste that is produced by the contractor or service or results from the contractor's or service's work on the premises of a customer. A business or commercial establishment is considered the generator of any packaging materials on products delivered to a customer, which are returned to the business or commercial establishment that made the delivery. Hauler's historical volume means the tonnage the hauler delivered to the City's J. C, Elliott Landfill, or the City's Cefe Valenzuela Landfill, if applicable, during the year immediately prior to the hauler's initial Waste Disposal Agreement with the City. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous substance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C..260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or by-products material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or defined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the Landfill or by any other Federal or State regulatory agency having jurisdiction over the Landfill under any written regulation, policy, guideline, or order having the force of law. Page 3 of 23 (d) Notwithstanding the above, if the TCEQ or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, no 16nger constitutes a hazardous waste for the purposes of this Agreement. Heavy brush means tree and shrub limbs and trimmings, which are greater than three (3) inches in diameter, tree trunks, root balls, and other large plant matter. Household appliance means general household appliance that will not fit into a refuse receptacle including: Non-metal appliance, such as a television set, stereo system, video cassette recorder (VCR), microwave oven, and other similar item constructed primarily of plastic or other non-metallic parts Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer, refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar items constructed primarily of metal parts. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction/demolition materials commonly generated by a residential household. Jurisdictional waste means waste collected within the City or its industrial districts. Landfill means the City's Cele Valenzuela Municipal Landfill located in Nueces County, Texas. Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic, Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans, or remnant or parts thereof, or any material of an unsanitary nature. Medical waste means waste generated by health-care related facilities and associated health- care activities, including veterinary services, but not including garbage or rubbish generated from offices, kitchens, or other non -health-care activities. Page 4 of 23 Published disposal rate means the published tipping rate for commercial vehicles based on weight published in Section 21-41(e)(2)A, less the difference between the municipal solid waste system service charge published in Section 21-47(b)(1) and the credit published in Section 21-47(b)(5) and any applicable State or Federal fees. Recyclable means a waste material that has been designated by the Director for inclusion in the City's recycling program, that has a useful physical or chemical property after serving its original purpose, or that may be reused, sold as a commodity, or converted into another product. Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle for collection and disposal, but does not include yard waste, heavy brush, debris, or construction/demolition materials. Rubbish means non-decayable solid waste, excluding ashes, that consist of combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible matter, such as glass, crockery, metal cans, and similar materials that do not burn at ordinary incinerator temperatures. Site Operating Plan means the site operating plan for the City's Cefe Valenzuela Municipal Landfill generally applicable to customers utilizing the Landfill, as determined by the City. Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and construction/demolition materials. Tipping fee rate means the rate charged to a commercial vehicle disposing of solid waste at the City disposal site. TCEQ means Texas Commission on Environmental Quality. Ton means 2,000 pounds. Trash means a single item of rubbish, not otherwise defined as debris or construction/demolition material, but including a small household appliance that will not fit into a conventional refuse receptacle. Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan. USEPA means the United States Environmental Protection Agency. Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less than three (3) inches in diameter and less than five (5) feet in length, and other similar plant matter. 1.2 Interpretation. In this Agreement, unless the context otherwise requires, words of masculine Page 5 of 23 gender means and include correlative words of feminine and neuter genders and words importing the similar number means and include the plural number and vice versa. 13 Term. 13.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in effect for a term of 11 years subject to extension by the mutual agreement of the parties. 1.3.2 Upon expiration of the term, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate. 1.3.3 However, the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement. 1.4 Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's permit as required by applicable City ordinances. ARTICLE 2. ACCEPTABLE WASTE 2.1 Acceptable Waste. 2.1.1 The Hauler shall deliver only acceptable waste. 2.1.2 Any acceptable waste co -mingled with hazardous, medical, or unacceptable waste will be considered unacceptable waste. 2.1.3 At any time, the City and Hauler mutually may agree in writing that any materials, which are defined as unacceptable waste in Section 1.1. of this Agreement, should in the future be reclassified as acceptable waste. 2.2 Guaranteed Tonnage. 2.2.1 Commencing on the Effective Date, the Hauler shall deliver not less than 2,000 tons per year ("guaranteed annual tonnage") of acceptable waste the Hauler collects within the boundaries of the Coastal Bend Council of Governments' Region ("CBCOG Region"), and the City guarantees that it will accept the waste. 2.2.1.1 If the hauler wishes to avail itself of a 100% volume supply agreement that is based on all solid waste the hauler collects in the area defined by the boundaries of the Coastal Bend Council of Governments Region it must notify the City at least sixty (60) days in advance and upon the City's approval this agreement will be amended to reflect the change. 2.2.1.2 Any volumes the hauler wishes to deliver outside of the aforementioned defined boundaries are exempt from these requirements and minimum volumes and rates may be negotiated with the City on a separate basis. Page 6 of 23 s/ 2.2.2 The Hauler shall deliver the guaranteed tonnage. The Hauler's targeted monthly tonnage is defined as one -twelfth (1/12) of the guaranteed annual tonnage. 2.3 Adjustments to Guaranteed Tonnage. 2.3.1 If notwithstanding the Hauler's best efforts and implementation of best business practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers in the Coastal Bend Council of Governments Region, which has resulted in a net decline of more than 10% of the deliveries to the Landfill by the Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage for a period in excess of a year, the parties will act in good faith to renegotiate the guaranteed tonnage. 2.3.2 The Hauler may request a change in its guaranteed tonnage sixty days before the annual anniversary date of this Agreement. 2.4 Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees that the Hauler will not deliver hazardous, medical or unacceptable waste to the City. 2.5 Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the property of the generator. Legal title to the solid waste shall never pass to the City. Upon request, the Hauler will make records available to the City to determine the generators of any hazardous, medical, or unacceptable waste delivered to the Landfill. 2.6 City's Right to Audit Hauler for Compliance. 2.6.1 If the Hauler has elected the 100% volume supply option under Section 2.2.1.1 above, the City has the right to review and audit the Hauler's service and financial records if the City has reason to believe that the Hauler is taking more than 20% of the acceptable waste collected within the CBCOG Region to another disposal site. 2.6.2 For the purposes of this section, the Hauler's service and financial records include: (1) A list of all customers located within the CBCOG Region, including: a. The customer's name. b. The physical address of each location that is serviced. c. The size and service level of any container(s) provided at each service location. d. Whether the container is a roll-on/roll-off container, e.g. a container that picked up and transported on a vehicle chassis to a disposal site. e. The classification of the solid waste collected, e.g., commercial Page 7 of 23 hazardous, household waste, special waste. f. Whether or not the solid waste is compacted before disposal. g. The frequency of collection. (2) A list of all customers located outside the CBCOG Region, whose solid waste is taken to a facility owned by the city for disposal, including: a. The customer's name. b. The physical address of each location that is serviced. c. The type of solid waste collected from the customer. (3) The routes taken on a daily basis by any vehicle used to collect solid waste within the CBCOG Region or any vehicle that disposes of solid waste at a city owned facility that is collected from outside the CBCOG Region. (4) Copies of all reports filed with the comptroller of public accounts that relate to any services provided or activities conducted within the CBCOG Region. (5) Copies of all checks, deposit slips, and bank statements related to payments from all customers located within the CBCOG Region, who receive solid waste hauling and disposal services, and all customers located outside the CBCOG Region, whose solid waste is taken to a facility owned by the city for disposal. (6) Copies of all checks and bank statements related to payments to other waste disposal sites within the CBCOG Region and any waste disposal sites located outside the CBCOG Region, if any of the solid waste that is disposed of was collected within the CBCOG Region. (7) Copies of all contracts and agreements related to the disposal of solid waste collected within the CBCOG Region. ARTICLE 1 FEES 3.1 Acceptance Fee for Guaranteed Monthly Tonnage. 3.1.1 The discounted acceptance fee for acceptable waste delivered by the Hauler to the Landfill, which is based on 80% of the hauler's historical volume delivered to the City, is seventy five percent (75%) of the published disposal rate, plus any mandated Federal or State fees. 3.1.2 If the hauler requests a change to the agreement to a 100% volume supply agreement as defined in 2.2.1.1, and with the City's approval, the new discounted acceptance rate is seventy - Page 8 of 23 two percent (72%) of the published disposal rate. 3.2 Penalty for Diversion of Any Acceptable Waste to Alternate Disposal Site. If the Hauler fails to deliver the guaranteed annual tonnage of acceptable waste to the Landfill but diverts a portion of the guaranteed annual tonnage to another landfill, the Hauler shall pay the City the contracted rate per ton as defined in 3.1.1 or 3.1.2, whichever is applicable, for any diverted acceptable waste that is not delivered to the Landfill to satisfy the Hauler's guaranteed annual tonnage. 3.3 Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed by City ordinances. 3.4 Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a minimum of an additional 33% or more over the guaranteed annual tonnage established in Subsection 2.2.1., the Hauler is eligible for a 15% discount off of the discounted acceptance fee, established in Subsection 3.1, in that year. The lower tipping fee will be applied retroactively to the additional waste over the 33% threshold is reached. Once the base tonnage is calculated under Subsection 2.3, the City will reduce it's billing to the Hauler at the beginning of each succeeding year or issue a refund check if the Hauler is a cash customer. ARTICLE 4. BILLING AND PAYMENTS 4.1 Billing. There shall be no billing account for Hauler under this Agreement unless Hauler has provided a letter of credit or cash deposit in accordance with Article 3 above. Each time Hauler utilizes the Landfill, Hauler shall pay for such usage via debit card or credit card. If debit card and credit card are declined, Hauler shall pay with cash. Cash means legal tender. Otherwise, Hauler may not dispose of the load at the Landfill. Once the letter of credit or cash deposit is provided in accordance with Article 3 above, then the following terms shall apply to a billing account: After the end of each month, the City will bill the Hauler for the total fees due for the billing period, including each ticket number, Hauler's vehicle registration number assigned by the City, and the tonnage on each ticket. 4.2 Payments. The Hauler shall make payment to the City of the amount of each bill within 30 days of the billing date ("due date") shown on the bill. 4.3 Overdue Charges. If payment in full is not made on or before the due date, the Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall bear interest at the rate of one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged and paid, whichever is less, from the due date to the actual date of payment. 4.4 Disputes. 4.4.1 In the event of a dispute as to any monthly payment the Hauler shall pay when due the amount of the bill, less the amount in dispute. 4.4.2 The Hauler shall give the City, at the time payment is made on the bill, written notice of the dispute. Page 9 of 23 4.43 The notice of dispute shall state the amount in dispute and a full statement of the grounds that form the basis of the dispute. 4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler shall pay interest on any amount not paid by the due date at the interest rate specified in Section 4.3. 4.5 Fees Not Subject to Set -Off. The obligations of the Hauler to pay fees under the terms under this Agreement are not subject to any set-off, abatement, counterclaim, existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit recourse to the Hauler. 4.6 Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or adjustments to which it is entitled under this Agreement. ARTICLE 5. LANDFILL PROCEDURES 5.1 Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under Section 5.2. of this Agreement. 5.2 Rejection of Solid Waste. 5.2.1 The City is not obligated to accept waste if the Landfill is closed due to a Force Majeure. 5.2.2 The City is not obligated to accept waste if the Hauler's account is more than 60 days in arrears of the due date. But the City will accept any acceptable waste if the Hauler makes a cash payment at the time of delivery. 5.2.3 The Hauler fails to comply with any published delivery procedures. 5.2.4 If a delivery of solid waste contains both acceptable waste and any hazardous, medical, or unacceptable waste. 5.3 Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any other permitted hauler that improperly delivered hazardous, medical, or uncceptable waste to the Landfill. 5.4 Delivery Schedule. 5.4.1 During the term, the Hauler may deliver acceptable waste to the Landfill during its normal posted hours of operations. Page 10 of 23 5.4.2 The City will open the Landfill for at least 58 hours, during weeks without City holidays. The City reserves the right to expand Landfill hours as it deems necessary. If the City reduces Landfill hours it will notify the Hauler of such changes in writing within 24 hours of said determination. 5.4.3 The City will consider requests for additional hours based on special needs of the Hauler and the availability of Landfill personnel. 5.4.4 Except in a Force Majeure, the City will provide the Hauler with at least 48 hours advance notice of any changes in the hours or days of operation. 53 Delivery Procedures. 5.5.1 The delivery of solid waste to the Landfill shall be regulated by the provisions of the Site Operating Plan. Copies of the relevant provisions will be provided by the City to the Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Landfill. An extract of the relevant provisions of the current Site Operating Plan is attached as Exhibit A. 5.5.2 The City reserves the right to redirect the Hauler's trucks from the working face to an on-site transfer station. 5.6 Delivery Vehicles. 5.6.1 Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill in enclosed container vehicles or enclosed compactor vehicles complying with any applicable State laws and regulations and City ordinances regulating the permitting of haulers, vehicles, and containers, regulating the marking of solid waste vehicles and containers, setting insurance requirements for haulers and vehicles, and identifying the hauler or generator of solid waste being delivered to the Landfill. 5.6.2 The City may provide for a system for the identification of delivery vehicles, including, without limitation, identification of the Hauler, identification of the specific vehicle, identification of any roll-on/roll-off containers, and tare weight of the vehicle or containers used to haul solid waste to the Landfill. 5.6.3 The City is under no obligation to accept acceptable waste from persons or vehicles not complying with the permitting and marking systems, the insurance requirements, or the delivery procedures established by the City. 5.6.4 The City may enforce compliance with permitting and marking systems and delivery procedures by denial of disposal privileges and such other means as it may reasonably determine to be necessary and appropriate. 5.7 Front of Line Privileges. Page 11 of 23 5.7.1 The City will provide front of line privileges to the Hauler and other haulers. with "put or pay" contracts with the City. 5.7.2 The City may at its discretion suspend front of line privileges under this agreement when waiting times to tip for other permitted haulers at the Landfill approach thirty (30) minutes. ARTICLE 6. ASSIGNMENTS 6.1 Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly, its interest in and to this Agreement, without the consent of the City Manager, which consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions. 6.2 Assignment By City. The City may, with prior written notice to the Hauler, assign all or any portion of this Agreement for any lawful purpose. The assignment of all or any portion of this Agreement does not relieve the City of any obligation under this Agreement without the consent of Hauler. ARTICLE 7. INSURANCE 7.1 Insurance Requirements. Insurance requirements are attached to and incorporated into this Contract as Exhibit B attached to and made a part of this Agreement, and may be revised annually by the City's Contract Administrator upon thirty (30) days written notice to Hauler. 7.2 Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit B prior to delivering any solid waste to the Landfill. 7.3 Certificates of Insurance. Before activities can begin under this Contract, Hauler's and any subcontractor's insurance company(ies) must deliver Certificate(s) of Insurance, as proof of the required insurance coverages to the City's Contract Administrator. 7.4 Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the Certificate(s) must state that the City will be given at least thirty (30) days notice by certified mail of cancellation, material change in the coverages, or intent not to renew any of the policies. 7.5 City Named As Additional Insured. The City must be named as an Additional Insured in each policy. The City Attorney must be given copies of all insurance policies within 15 days of the City's Contract Administrator's written request. 7.6 Waiver of Claim of Recovery. The Hauler waives any claim for recovery from the City for any injury, loss, or damage to Hauler resulting from the performance of this Agreement, to the extent compensation for the injury, loss, or damage shall have been recovered under any insurance policy. 7.7 Written Notice of Injury, Loss; or Damage Required. Immediately upon the occurrence of any injury, loss or damage resulting from the performance of this Agreement, written notice shall be given to the City's authorized representative. Page 12 of 23 ARTICLE 8. INDEMNIFICATION 8.1 Indemnification for Death, Personal Injury, or Property Damage. 8.1.1 To the extent allowed by Texas law, Hauler, its officers, members, partners, employees, agents, subcontractors, and licensees shall fully Indemnify, save, and hold harmless the City its officers, employees, agents, licensees, and invitees ("City indemnitees' against any and all liability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without limitation on the foregoing, workers' compensation and death claims), or properly loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the Hauler's delivery of solid waste to the Landfill under this agreement. 8.1.2 To the extent allowed by Texas law, the City shall fully indemnify, save, and hold harmless the Hauler, its officers, employees, agents, licensees, and invitees ("Hauler indemnitees') against any and all I/ability, damage, loss, claims, demands, judgments, actions, costs, and expenses (including reasonable attorney's fees and expenses) of any nature whatsoever on account of personal injuries (including, without /imitation on the foregoing, workers' compensation and death claims), or property loss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the City's delivery of solid waste to the Landfill under this agreement. 8.2 Indemnification for Improper Disposal of Hazardous, Medical, or Unacceptable Waste. If the City elects to dispose of any hazardous, medical, or unacceptable waste, the Hauler shall indemnify and hold the City indemnitees harmless from and against all liabilities, losses, damages, costs, expenses, and disbursements, including reasonable legal fees and expenses arising out of the processing or disposal by the person of unacceptable waste or waste not constituting acceptable waste delivered by the Hauler and incidental and consequential damages incurred by the City indemnitees. 8.3 Indemnification for Violations of Any Federal or State Laws and Regulations. The Hauler shall hold harmless and indemnify the City indemnitees from and against any expense, fine, or penalty, including attorneys' fees, and shall defend the indemnities in any proceeding, including appeals, for violation of any Federal or Page 13 of 23 07 State law, rule, or regulation relating to the collection, transportation, and disposal of solid waste arising out of the any of the following: 8.3.1 The negligence or wrongful misconduct of the Hauler, its directors, officers or partners, employees, contractors, or agents. 8.3.2 The failure by the Hauler, its directors, officers or partners, employees, contractors, or agents to comply with applicable law, rule, or regulation. 8.3.3 The delivery by the Hauler of any Hazardous Waste or hazardous, medical, or unacceptable waste to the Landfill. 8.4 Duty to Investigate, Defend, Settle, and Pay Any Claims and Demands. 8.4.1 Hauler must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to City indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. 8.4.2 To extent authorized by law, the City must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions with counsel satisfactory to Hauler indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from any of said liability, damage, loss, claims, demands, or actions. ARTICLE 9. GOVERNMENTAL REGULATION 9.1 Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and disposal of solid waste is subject to regulation under both Federal and State laws and regulations and the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and the Texas Department of Public Safety. 9.2 Compliance with Laws, Regulations, and Ordinances Relating to the Collection, Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure), to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site Operating Procedures applicable to them in connection with this Agreement and the transactions contemplated by this Agreement The law, statutes, rules, regulations, and ordinances may include, without limitation, actions taken by the Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic associated with the Landfill. Page 14 of 23 9.3 Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements of any governmental entity having jurisdiction, including all applicable health and safety, anti- discrimination, affirmative action, and minority business opportunity laws, and all applicable industry codes, specifications, and standards respecting Hauler's business and operation. 9.4 Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take all necessary action to cause persons delivering waste on its behalf to the City to comply with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or ordinance of the City of Corpus Christi, USEPA, TCEQ, the Texas Department of Public Safety, and any other authorized Federal or State agency or law enforcement organization. ARTICLE 10. SUSPENSION DUE TO FORCE MAJEURE 10.1 Suspension of Obligations. 10.1.1 A delay or failure of performance under this Agreement by either party shall not constitute an event of default or cause for any liability under this Agreement to the extent caused by Force Majeure. 10.1.2 Any delay or failure caused by a Force Majeure shall be excused at any time performance is affected by a Force Majeure and during the period as may be reasonably necessary for the affect party, using its reasonable efforts to correct the adverse effects of the Force Majeure. 10.1.3 If the Force Majeure causes a reduction, but not a complete suspension in the ability of the City in connection with the operation of the Landfill to accept, process, or dispose of acceptable waste, then subject to then existing commitments of the City with respect to the Landfill, and the requirements of all applicable permits, consents ,and approvals of the USEPA, TCEQ, and other governmental entities, the City shall use its reasonable efforts to allocate a portion of the reduced • capacity of the Landfill to the Hauler. The allocation of Landfill capacity shall be determined by the City in its sole discretion. 10.1.4 The party relying on a Force Majeure as justification for a delay or failure of performance under this Agreement shall give the other party prompt written notice of the Force Majeure. 10.2 Efforts to Remove Condition. A party whose performance is adversely affected by a Force Majeure shall use its reasonable efforts to overcome or remove the Force Majeure. 10.2.1 After the completion of a suspension due to the Force Majeure and to the extent the City has the capacity to accept and dispose of excess waste, the City shall use its reasonable efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to deliver to the City during the Force Majeure period. age 15 0 10.2.2 The City is not obligated to accept acceptable waste to the extent that the acceptance, processing, or disposal of the acceptable waste is contrary to or in violation of or would cause the City to be in violation of any permits and approvals for the Landfill. 10.2.3 In the event that Hauler is prevented from delivering acceptable waste to the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is reasonably practicable under the circumstances. The parties shall negotiate and agree on the period during which Hauler is entitled to cure any resulting shortfall. 10.3 Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a Force Majeure. ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT 11.1 Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as required by the terms of this Agreement, the Hauler may select an alternate disposal site and be credited for any acceptable waste delivered to an alternate disposal site for the period of the failure by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically terrninates. 11.2 Events of Default of the City. The City is in default if it makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after the effective date of this Agreement is in effect, or if there shall have been filed any such proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the City's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.3 Events of Default of Hauler. Each of the following shall be an event of default by the Hauler under this Agreement and are grounds for termination of the Agreement: 11.3.1 The Hauler fails to pay any amounts, including without limitation, the acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which become due under this Agreement, within, thirty (30) days of notice of delinquency from the City. 11.3.2 The Hauler fails to observe and perform any other material term, covenant, or agreement contained in this Agreement, the Site Operating Plan, or other agreements or policies to which either the Hauler is subject and the failure continues for a period of thirty (30) days after written notice to the Hauler specifying the nature of the failure and requesting that it be remedied. 671.71 -)age 16 of 23 11.3.3 The Hauler fails to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. 11.3.4 The Hauler makes a general assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its property, commences any proceeding relating to the Hauler under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or after this Agreement is in effect, or if there is or has been filed any proceeding, in which an order for relief is entered or which is not dismissed for a period of sixty (60) days or more, or if by any act indicates the Hauler's consent to, approval of, or acquiescence in any petition, application, or proceeding or order for relief or the appointment of any custodian, receiver of, or any trustee for the Hauler or any substantial part of the Hauler's property, or suffers any custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or more. 11.4 Remedies on Default. Whenever any event of default occurs and is continuing, the non - defaulting party has the following rights and remedies: 11.4.1 Upon ten (10) days written notice to the City, if the City is then in default, the Hauler has the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the City has taken remedial steps the effect of which would be to enable the City to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.2 Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the City shall have the option to terminate this Agreement, unless the event of default is fully cured prior to the expiration of ten (10) day period or unless during the period the Hauler has taken remedial steps the effect of which would be to enable the Hauler to cure the event of default within a reasonable period of time (which, if the event of default is a default in the payment of monies and results from restraint by a court or regulatory agency, means the undertaking and prosecution of prompt, diligent, good faith efforts to remove the restraint); 11.4.3 Upon written notice to the Hauler, if the Hauler has defaulted, the City shall have the option, without terminating this Agreement, to stop accepting acceptable waste delivered or tendered for delivery by the Hauler, until the default is cured or this Agreement is terminated. The City may concurrently pursue any other remedies to which it is entitled at law or in equity for the default. ARTICLE 12. REPRESENTATION AND WARRANTIES 12.1 Representations and Warranties of the Hauler. 12.1.1 The Hauler by this Agreement represents and warrants to the City that this Agreement age 17 of 23 has been executed by authorized officers of the Hauler, and has before entering this Agreement delivered to the City evidence of the authority. 12.1.2 The Hauler has the full power and authority to execute and deliver this Agreement to the City and to carry out the obligations and transactions contemplated by this Agreement throughout its term. 12.1.3 There is no claim or litigation pending or to the knowledge of the Hauler, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.2 Representations and Warranties of the City. 12.2.1 The City by this Agreement represents and warrants to the Hauler that the City has the full power and authority to execute and deliver this Agreement to the Hauler and to carry out the obligations and transactions contemplated by this Agreement. 12.2.2 There is no claim or litigation pending or to the knowledge of the City, threatened that questions this Agreement or that affects or may affect the obligations and transactions contemplated by this Agreement. 12.3 Liability for Breach. It is understood and agreed that the signatories to this Agreement are liable to each other in the manner and to the extent provided by law for any loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This section shall survive the term of this Agreement. ARTICLE 13. GOVERNING LAW AND VENUE 13.1 Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 13.2 Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division. 13.3 Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties to make any payment or render any service required by this Agreement or the rights of the parties under this Agreement. ARTICLE 14. MISCELLANEOUS PROVISIONS 14.1 Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties. This Agreement constitutes the entire agreement between the parties to this Agreement in respect of the subject matter of this Agreement. Page 18 of 23 14.2 Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the right or remedy. Every right and remedy given under this Agreement or by law maybe exercised from time to time and as often as maybe deemed expedient by the parties to this Agreement. 14.3 Amendments and Modifications. This Agreement may not be amended or modified except in writing. The amendment or modification must be signed on behalf of both parties by their duly authorized officers. 14.4 Independent Contractor. Hauler will perform the services hereunder 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 Hauler be considered as an employee of the City. 14.5 Subcontractors. 14.5.1 Hauler may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Hauler must obtain prior written approval from the Contract Administrator. 14.5.2 In using subcontractors, Hauler is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Hauler. 14.5.3 All requirements of this Agreement imposed on the Hauler are applicable to all subcontractors and their employees to the same extent as if the Hauler and its employees had performed the services. 14.6 Successors and Assigns. This Agreement inures to the benefit of and binds the respective successors and permitted assigns of the parties to this Agreement. 14.7 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 Hauler's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the City's Director of Solid Waste Services. 14.8 Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed to have been given when delivered personally or deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this Section. Hauler: Killian Calderon Disposal Attn: William Killian 1726 N. Padre Island Drive (78408) piPage 19 of 23 City: P.O. Box 260119 Corpus Christi TX 78426 Director of Solid Waste Services City of Corpus Christi 2525 Hygeia Street (78415) P.O. Box 9277 Corpus Christi TX 78469-9277 14.9 Representatives. For billing purposes, the parties designate the following representatives and addresses: Hauler: Killian Calderon Disposal, LLC Attn: William Killian P.O. Box 260119 Corpus Christi TX 78426 City: City of Corpus Christi - Financial Services/Accounts Receivables P.O. Box 9257 Corpus Christi, Texas 78469-9257 14.10 Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 14.11 Right to Most Favorable Acceptance or Tipping Fees. 14.11.1 If the City enters into an agreement with any other company, person, or legal entity that provides solid waste hauling services or generates, disposes, or transports solid waste to the City's Landfill (or enters into a renewal, modification, extension of any existing agreement with such a party), and the document contains provisions for acceptance or tipping fees more favorable to the other party than those in this Agreement, the Hauler shall have the right either to terminate this Agreement or to amend this Agreement to contain such more favorable terms and provisions. 14.11.2 An agreement that offers an equivalent discounted acceptance fee for a commitment to deliver a guaranteed annual tonnage instead of all tonnage collected within the CBCOG Region is considered comparable to this Agreement if the other terms and conditions are similar to this agreement. 14.11.3 The City will not offer similar agreements to a hauler that has not had a solid waste hauler permit for at least 12 months. 5(7 Page 20 of 23 14.12 City Reserves Legislative Authority. Nothing in this contract restricts the right of the City Council to amend the City's Code of Ordinances, including its authority to regulate, permit, and franchise solid waste haulers operating within the City or using the City's solid waste disposal facilities; regulate the storage, transportation, and disposal of any solid waste generated within the City or its industrial districts; or impose taxes, surcharges, utility fees, or other fees, including generator fees, on residents, commercial and industrial facilities located within the City and industrial districts and customers from outside the City who use any of the City's solid waste disposal facilities or services; and including the setting of disposal or tipping fees at City disposal facilities within and outside the City limits. 14.13 Further Actions. Each party agrees that it will, at its own expense, execute any and all certificates, documents, and other instruments, and take other actions as may be reasonably necessary to give effect to the terms of this Agreement. 14.14 Duplicate Originals. This Agreement may be executed in duplicate originals, any one of which is considered to be the original Agreement for all purposes. 14.15 Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not be affected by the defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 14.16 Rights of Third Parties. Nothing in this Agreement is intended to confer any right on any person other than the parties to this Agreement and their respective successors and assigns; nor is anything in this Agreement intended to modify or discharge the obligation or liability of any third person to any party to this Agreement or give any third person any right of subrogation or action over or against any party to this Agreement. 14.17 Headings for Convenience. The headings in this Agreement are for convenience and reference only and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 14.18 Publicity and Property Rights. 14.18.1 The Hauler may not advertise or otherwise use its relationship with the City under this Agreement in any public disclosure without the prior written consent of the City. The prohibition includes, without limitation, brochures, listings, references, advertisements, announcements, or other release of information concerning the existence, content or performance under this Agreement to any third party. 14.18.2 The Hauler is not permitted to photograph, film, tape or other make audio or visual recording at, or allow any unauthorized person to enter the Landfill without the express prior written consent of the City's Director of Solid Waste Services. Page 21 of 23 14.18.3 The Hauler may not use or permit the use of the trade or service names, marks, or logos of the City or any of its affiliates in any manner. 14.19 Survival of Obligations. Notwithstanding the expiration or the termination of this Agreement under its terms, any duty or obligation of Hauler, which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created for the benefit of the City, and which has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this Agreement until the duty or obligation has been fully observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied. 14.20 Exclusivity of Remedies. Neither party shall be liable for or obligated to pay punitive, consequential, special, incidental, or indirect damages in connection with the performance of this Agreement. 14.21 Sale of Hauler. In the event of a sale of the corporate stock of the Hauler or the sale of substantially all of the assets of the Hauler to a third party, the Hauler may give notice of early termination of this Agreement and be relieved of any further obligation to dispose of the guaranteed annual tonnage required under Section 2.2.1 above. For such a termination to occur, the purchaser must be a third party that is not related to or affiliated with the Hauler or any owner of Hauler in any manner. Such notice of termination shall be given at least 180 days in advance of the termina"tion date. Upon such termination, the Hauler's obligations to deliver acceptable waste and the City's obligations to accept, process, and dispose of acceptable waste shall terminate; provided, however, that the provisions of Article 8 and Sections 12.3, 14.18, and 14.19 shall survive the termination of this Agreement 14.22 Termination of Prior Agreement. Intentionally left blank. (EXECUTION PAGE FOLLOWS) Page 22 of 23 The parties to this Agreement have caused this Agreement to be executed on the date the City's representative executes this agreement, This Agreement is intended to take effect as a sealed instrument. AGREED TO BY: KIL, CAL R DISPOSAL, LLC William Killi Title: Date: STATE OP TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on !ii 4' it (VIZI 4c,'' g , 2016, by William Killian, President, on 'behalf of Killian. Calderon Disposal, LLC, a Texas limited liability company. r1iv--- Notay Public State of Texas CITY OE CORPUS CHRISTI Margie Rose City Manager z''`�-'fie °, Sylvia S Franco ► My Commis -Von Expires w, •' 03104/2017 ATTEST: Rebecca Huerta City Secretary Date: Date: Approved as to legal form: Elizabeth Hundley Assistant City Attorney for Miles Risley, City Attorney Page 23 of 23 EXHIBIT A EXTRACTS FROM SITE OPERATING PLAN CITY OF CORPUS CHRISTI CEFE VALENZUELA MUNICIPAL LANDFILL EXHIBIT B INSURANCE REQUIREMENTS I. HAULER'S LIABILITY INSURANCE A. Hauler must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Hauler must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Hauler must furnish to the City's Risk Manager and Contract Administrator, 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 andlolr nuprr1iberle policies. rriust be listed Endorsementsn Dexiption Box of Certificate at with of Certificate of Insurance. Project name Insurance. TYPE OF INSURANCE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased ENVIRONMENTAL IMPAIRMENT/POLLUTION LIABILITY Including Cleanup WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence - aggregate $1,000,000 Per Occurrence $2,000,000 Aggregate $1,000,000 Combined Single Limit $1,000,000 Per Claim/Occurrence Statutory and complies with Part II of this Exhibit. $100,000 C. In the event of accidents of any kind related to this contract, Hauler 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, Hauler 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 Hauler is not domiciled in the State of Texas. B. Hauler shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Hauler'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. Hauler 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. Hauler 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 ation, Certificaterenewal, of Insurancematerial and applicable ablege rendtermination cements to coverage, Hauler shall provide a replacement City. City shall have the option to suspend Hauler'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 Hauler'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 Hauler to stop work hereunder, and/or withhold any payment(s) which become due to Hauler hereunder until Hauler demonstrates compliance with the requirements hereof, G. Nothing herein contained shall be construed as limiting in any way the extent to which Hauler may be held responsible for payments of damages to persons or property resulting from Hauler's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Hauler's insurance shall be deemed primary and noncontributory 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 Solid Waste Department Hauler Waste Disposal 10/20/2016 MV Risk Management City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY -CI 1'Y PURCHASING DIVISION EXHIBIT CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: V(LJAi 641./D-MAii bitV:"95111-- STREET ADDRESS: 1 '7)---C Aft_ / iOAe ' 17 3 ° P"O' BOX: 06D/ 4000 CITY: ac— ,R STATE: ZIP: `?acs hein,c FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association 0 5. Other L+ 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." Job Title and City Department (if known) Name 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named `firm.' Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name b() Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: //C c Title: si Signature of Date: /1/4/1 yr r�r DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, int 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. 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: 2016-133855 Date Filed: 11/07/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. KILLIAN CALDERON DISPOSAL 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. NA WASTE DISPOSAL AGREEMENT 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or y4i `, Sylvia S Franco My Commission Expires �`'sI. f 03/04/2017 affirm, under penalty of perjury, that the / above disclosure is true and correct. Oo Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE 1(//•///11 , / Sworn to and subscribed before me, by the said V" l // p in e//XqA.7 , this the 7 day of W UeMk( 20 / le , to certify which, witness my hand and seal of office. ��.vcr, d///: /OH _ . Signa ure of officer administering oath Printed ' ame of officer administering oath Title df;6fficer administering oath orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 City of Corpus Christi Cefe Valenzuela Landfill Municipal Solid Waste Permit No. 2269 Part IV Site Operating Plan Nueces County, Texas Revised March 2008 HDR Engineering, Inc. 17111 Preston Road, Ste. 200 Dallas, TX 75248 s JOSE C. GARZA I. -m.. 91790 .•ems �� khe„, �'cl:.ls�� . 4, Srt 3.5. or This document is released for the purpose of review only under the authority of Jose C. Garza, P.E. 9I790. It is not to be used for bidding or construction. For pages thru P t' e,017 City of Corpus Christi Site Operating Plan for Cefe Valenzuela Landfill Table of Contents 1.0 Introduction 1 2.0 Recordkeeping Requirements 3 3.0 Waste Acceptance Rates 8 4.0 Types of Landfill Personnel 10 5.0 Types of Equipment 15 6.0 Personnel Training 17 7.0 Detection and Prevention of Disposal of Prohibited Waste 18 8.0 Fire Protection Plan 23 9.0 Access Control 30 10.0 Unloading of Waste 33 11.0 Facility Operating Hours 35 12.0 Site Signs 36 13.0 Control of Windblown Solid Waste and Litter 37 14.0 Easements and Buffer Zones 39 15.0 Landfill Markers and Benchmark 41 16.0 Materials Along the Route to the Site 44 17.0 Disposal of Large Items 45 18.0 Air Criteria 47 19.0 Disease Vector Control 49 20.0 Site Access Roads 50 21.0 Salvaging and Scavenging 52 22.0 Endangered Species Protection 53 23.0 Landfill Gas Control 54 24.0 Oil, Gas, and Water Wells 58 25.0 Compaction 60 26.0 Landfill Cover 61 27.0 Ponded Water 66 28.0 Disposal of Special Wastes 68 29.0 Disposal of Industrial Wastes 73 30.0 Visual Screening of Deposited Wastes 76 31.0 Operational Standards for Class I Waste Management 77 City of Corpus Christi Cefe Valenzuela Landfill - SOP July 2007 Version 1 City of Corpus Christi Site Operating Plan for Cefe Valenzuela Landfill Table of Contents List of Tables Table 2.1: Recordkeeping Requirements 3 Table 3.1: Projected Waste Quantities 9 Table 4.1: Landfill Disposal Operations Staffing Requirements 14 Table 5.1: Minimum Equipment per Waste Acceptance Rate 15 Table 8.1: Maximum Size of Working Face & Wet Weather Area 27 Table 8.2: Fire Type and Extinguishing Agent 29 Table 9.1: Repair and Reporting Requirements for Access Breaches 31 Table 9.2: Fence Specifications 32 Appendices Appendix 1V -A: Alternate Daily Cover Manufacturer's Information 2oc) 7 This document is released for the purpose of review only under the authority of Michael W. Oden, P.E. # 67165. It is not to be used for bidding or construction. For pages thru 8 V, City of Corpus Christi i July 2007 Cefe VaIenzuela Landfill - SOP Version 1 1.0 Introduction The City of Corpus Christi's Cefe Valenzuela Landfill (Facility), Municipal Solid Waste Permit 2269, is located in Nueces County, 14 miles southwest of Corpus Christi's City Hall, at the intersection of Farm to Market 2444 and County Road 20. The coordinates and elevation are: Latitude 27° 38' 12" N, Longitude 97° 34' 05" W, and Elevation 46.07 feet above mean sea level (msl). The Cefe Valenzuela landfill property covers 2,273.59 acres. The Iayout will include the construction of two Type I municipal solid waste landfill units, which combined measure approximately 810 acres. This Site Operating Plan (SOP) is a modification to the currently approved permit 2269, and is designed to bring the SOP into conformance with rule changes that became effective in March 2006 by the Texas Commission on Environmental Quality (TCEQ). The landfill is owned by the City of Corpus Christi (City). The City is responsible for day-to-day landfill operations using both contract operators and City personnel. This Site Operating Plan (SOP) is intended to provide guidance from the design engineer to the site management and operating personnel. It will facilitate site operations in compliance with applicable TCEQ regulations and current standards of practice in the industry, compatible with the design of the facility. This Plan will serve as a reference source and is to be used as a training tool for landfill personnel. The contents of this SOP are consistent with the current permit and its supporting documents, except for portions which revisions are necessary to comply with the current SOP rules. The intent of this modified SOP is to provide additional detailed information as required under Subchapter D of 30 TAC §330. City of Corpus Christi 3 Cefe Valenzuela Landfill - SOP July 2007 Version 1 1.1 Description of On -Site Facilities The facility includes an approximately 810 acre Type I MSW disposal area which will be developed in several phases as described in the Site Development Plan. Several buildings will be located on site to serve several functions including an administrative building, maintenance building, scale and scale house and other facilities to service the landfill's operations. City of Corpus Christi Cefe Valenzuela Landfill - SO? 2 July 2007 Version 1 e OF r.,:111, a). Oa— iZz ,V',tli Z r 2-08-7A da?Mail r ti'4"4" GMTOl9"'"'"1"1"" �-, MICHAEL W. QOEN 1T[J E 1 aabe�anaxcswtiooe c3vp. 67165 t �j 2.0 Recordkeeping Requirements N� compliant with the recordkeeping requirements of 30 TAC § 330.125, the City of Corpus Christi keeps an organized library consisting of a copy of the facility permit, the site development plan, the site operating plan, the final closure plan, the landfill gas management plan, and any other plans required by permit along with all issued modifications, and any temporary authorizations granted. The table below lists the filing location of the records, areas/groups, document type, and site location of the records. Table 2.1.; Recordkeeping Requirements Document Type Site Location of Records Frequency of Submittal to Site Operating Record (see Note 1) Regulatory Reference Landfill Permit Landfill Office Permit Application — no additional submittals required §330.125(a) Site Development Plan Landfill OfficePermit Application - no additional submittals required §330.125(a) Site Operating Plan Landfill Office Permit Application - no additional submittals required §330.125(a) Final Closure Plan Landfill Office Permit Application no additional submittals required §330,125(a) Post -closure Maintenance Plan Landfill Office Permit Application --no additional submittals required §330125(x) Landfill Gas Management Plan Landfill Office Permit Application — no additional submittals required §330,125(a) Location Restriction Demonstrations Landfill Office Permit Application — no additional submittals required §330,125(b)(1) Inspection Records Landfill Office within 7 working days of completion §330.125(b)(2) Training Procedures Landfill Office Annually §330,125(b)(2), §330125(f) Notification procedures relating to excluding the receipt of prohibited waste Landfill Office As required §330.125(b)(2) Gas Monitoring Results and Remediation Plans Landfill Office Quarterly §330.125(b)(3) Leachate or Gas Condensate placement and unit design documentation Landfill Office As constructed §330.125(b)(4) Groundwater Monitoring documentation Landfill Office Quarterly I Semi-annually §330.125(b)(5) City of Corpus Christi Cefe Valenzuela Landfill - SOP 3 August 2007 Version 2 Closure and Post -closure Care Plans and related data Landfill Office Permit Application — no additional submittals required §330125(b)(6) Cost Estimates and Financial Assurance Documentation Landfill Office Annually §330.125(b)(7) Compliance with small community exemption criteria N/A NIA §330'125(b)($) Copies of correspondence relating to the operation of the facility Landfill Office As required §330.125(b)(9) Copies of correspondence relating to modifications to the permit, approbals of matters Landfill Office As required §330,125(b)(9) Documentation of receipt of any special wastes Landfill Office As required §330,125(b)(10) Records of spray -applied ADC Landfill Office As required §330.125(b)(11) Other documents Landfill Office As required §330.125(b)(12) Note 1: All documentation and data will be placed in the Site Onerating Record within 7 days of completion or receipt of data, as appropriate Disclosure Statement: "In addition to the records mentioned above, the City of Corpus Christi reserves the right to add more documents to the library in order to optimize the landfill operations, If the City of Corpus Christi decides to add documents to the document library then the table listing the filing location of the records, areas/groups, document type, and site location of the records will be updated and added to Section 1 of the SOP." All information contained in the SOP records will be furnished to the TCEQ upon request and will be made available at all reasonable times for inspection. The operating record as described in this section, plus any other related operational plans, or documents will generally be maintained at the landfill office. 2.1 Breach Related Reporting & Records In the event of an access breach, notice will be given to the TCEQ's regional office to document when a breach has been identified and when a repair is completed, if a repair is necessary, and if the repair is not completed within eight hours, The TCEQ' s regional City of Corpus Christi Cefe Valenzuela Landfill - SOP 4 August 2007 Version 2 office will be notified of the breach within 24 hours of detection. The breach will be temporarily repaired within 24 hours of detection and will be permanently repaired by the time specified to the TCEQ regional office when it was reported in the initial breach report. If a permanent repair can be made within eight hours of detection, no notice will be submitted. A copy of these notices will be retained in the operating record in accordance with 330.131(b)(9). 2.2 Fire Incident Reporting & Records After any waste related fire occurs on-site that cannot be extinguished in ten minutes, the City will contact the TCEQ regional office. The notification will include: contact by telephone as soon as possible, but no later than 4 hours following fire discovery, and a written description of the cause and extent of the fire and the resulting fire response within 14 days of fire detection. The following agencies or personnel will be contacted: ■ Fire -- 911 • Landfill Manager — Landfill Office ✓ TCEQ Regional Office 2.3 Final Cover Reporting and Records As final cover is applied to the landfill, a log will be maintained of area covered, date applied, thickness and activities and management practices. Any damage to the cover, including anticipated repairs will be reported to the TCEQ and repaired within five days. 2.4 Waste Inspections and Unauthorized Waste Reporting The Landfill Manager will maintain and include in the site operating record the following reports: (1) load inspection reports, (2) records of regulated hazardous or PCB waste notifications, and (3) personnel training records. The report will include the date and time of the inspection, the name of the hauling company and driver, the type of vehicle, the size and source of the load, contents of the load, indicators of prohibited waste and the results of the inspection. A record of any removal of unauthorized material will be maintained in the site's operating record. City of Corpus Christi 5 August 2007 Cefe Valenzuela Landfill - SOP Version 2 2.5 Long Term Record Keeping The City will retain all information contained within the Operating Record and the different plans required for the facility for the life of the facility including the post -closure care period. Once the landfill closes, the records will be maintained at the Department of Streets and Sanitation Office. 2.6 Groundwater Evaporation Ponds Operations of dewatering activities using evaporation ponds may be present during and after cell construction. Inspections of the ponds will be conducted monthly to ensure perimeter berms are intact, in good condition and functioning to contain evaporation waters within the pond areas. Documentation of the inspections will be included with inspection records. Inspections of the ponds when not in use, removed or relocated will be noted as part of the inspection procedure and record. City of Corpus Christi 6 Revised Cafe Valenzuela Landfill - SOP July 2010 This page intentionally left blank. City of Corpus Christi Cefe Valenzuela Landfill - SOP 7 August 2007 Version 2 3.0 Waste Acceptance Rates As per the waste acceptance rate requirements of 30 TAC 330.125(h) and 330.675, the City of Corpus Christi is required to perform quarterly reporting to the TCEQ. The waste acceptance rate monitoring is intended to ensure that the facility's operations continue to be adequate when waste acceptance rates increase. Whenever the annual waste acceptance rate as established by the sum of the previous four quarterly summary reports exceeds the annual waste acceptance rate estimated in the permit application, and the waste increase is not due to a temporary occurrence, the City of Corpus Christi will file an application to modify the permit within 90 days of the exceedance. Once the quarterly waste acceptance rates are calculated then an average annual waste acceptance rate will be calculated. Data will be generated from actual scale data. The average is based on quantities accepted at the landfill divided by the actual number of operating days waste is accepted during the reporting period. If an exceedance of the annual waste acceptance rate occurs, the following provision of the SOP will be evaluated and modified as necessary. • Number of operating personnel • Number and types of equipment • Waste compaction procedures • Odor prevention plan and control • Unloading of waste procedures • Waste screening procedures • Control of windblown waste and litter • Soil management, placement, and compaction of daily, intermediate and final cover • Other SOP provisions, as necessary 3.1 Projected Waste Acceptance Rates The table below presents a projection of estimated waste acceptance rate based on an assumption that after 2010 the waste accepted per year will increase at 1.5% per year. City of Corpus Christi Cefe Valenzuela Landfill - SOP s August 2007 Version 2 Projected Waste Quantities shown in Table 3.1 are consistent with the previously approved permit for the Cefe Landfill. Table 3.1: Projected Waste Quantities Year Tons/Year Tons/DayAnnual % Increase 2003 428,127 1385 - 2004 441,196 1427 3.0 2005 449,446 1454 1,9 2006 426,420 1380 -5.1 2007 432,816 1401 1.5 2008 439,309 1422 1.5 2009 445,898 1443 1.5 2010 452,587 1465 1.5 2011 459,375 1487 1.5 2012 466,266 1509 1.5 2013 473,260 1532 1.5 2014 480,359 1555 1.5 2015 487,564 1578 1.5 2016 494,878 1602 1.5 2017 502,301 1626 1.5 2018 509,836 1650 1,5 2019 517,483 1675 1.5 2020 525,245 1700 1.5 2021 533,124 1725 1.5 2022 541,121 1751 1.5 2023 549,230 1777 1.5 2024 557,476 1804 1.5 2025 565,838 1831 1.5 Based on a 309 day year and annual population growth of 1.5%. Quantities for 2003 to 2006 are based on City records. To determine if the projected waste quantity has been exceeded, each year the previous four quarterly waste quantities (calculated) will be compared to the projected waste quantities in Table 3.1. City of Corpus Christi 9 August 2007 Cefe Valenzuela Landfill - SOP Version 2 490 Types of Landfill Personnel 4.1 Organizational Chart The chart below represents the Cefe Valenzuela Organization Chart. Cefe VaIenznela Organization Chart The City may contract with private entities to perform certain activities at the landfill. The City understands it is responsible for all regulatory requirements of the permit regardless of whether the contractor is responsible for performing specific duties. City of Corpus Christi 10 July 2007 Cefe Valenzuela Landfill - SOP Version 1 4,2 Key Personnel Job Description The City of Corpus Christi is required to provide a job description for each position held by key personnel on site. The list below presents a description for each key position listed in the Cefe Valenzuela Organizational Chart. Director of Streets and Solid Waste: The Director of Streets and Solid Waste (SSW) is ultimately responsible for the overall site management. The contact person for matters related to regulatory compliance is the Director of SSW. Assistant Director of Solid Waste: The Assistant Director of Solid Waste directs and oversees the overall management and operation of the Solid Waste Services Department. The Assistant Director is responsible for the following: e conducts short and long term planning associated with the collection and disposal of municipal waste; 9 supports and facilitates the coordination and scheduling of personnel, materials and equipment; o prepares and oversees the department division operating budget, capital outlay, revenues, and fiscal programs; o prepares written reports, documentation, technical data/reports, agenda memoranda on various solid waste issues; and o prepares and delivers oral presentations on the Division's aspects of Solid Waste Services operations. Landfill Manager: Under the general direction of the Assistant Director of Solid Waste Services, the Landfill Manger administers the facility's SOP. The Landfill Manager is responsible for assuring that adequate personnel and equipment are available to provide efficient and compliant operations in accordance with the Site Development Plan (SDP), the SOP, and the TCEQ rules and regulations. The Landfill Manager will serve as the emergency coordinator during all site emergencies. The duties of the Landfill Manager may be City of Corpus Christi t t July 2007 Cefe Valenzuela Landfill - SOP Version 1 assigned to a qualified alternate individual in the event the Landfill Manager is away from the facility. The landfill manager's qualified designee, who must be an employee from a position shown on the organizational chart and who must have the equivalent training as the Landfill Manager shall act on behalf of the Landfill Manager with the same authority and responsibilities required for that position. In addition, the Landfill Manager may conduct random inspection of vehicles for prohibited wastes. Chief Landfill Foreman: The Chief Landfill Foreman monitors landfill operations which include: environmental activities such as management of leachate, condensate, methane collection, and methane flaring; supervises and monitors landfill personnel and equipment; and schedules and manages services for equipment and vehicles. Gate Attendants: The Gate Attendants primarily responsibility is to visually inspect the waste loads for unauthorized wastes and maintain complete and accurate records of loads rejected. The Gate Attendants will also direct traffic at the entry gate to the landfill to assure a steady flow of traffic and minimize the possibility of any potential traffic accidents. In addition, Gate Attendants may conduct random inspection of vehicles for prohibited wastes. Equipment Operators: The equipment operators are responsible for the safe operation of both light duty and heavy equipment, which is required to operate the landfill. These employees are responsible for being alert for potentially dangerous conditions, including careless and improper actions of other employees and other authorized persons at the site. The equipment operators general area of responsibilities include, but not limited to, overseeing unloading of waste from vehicles; detecting the presence of unauthorized waste, general site maintenance, construction activities, litter abatement, and site clean up. The equipment operators will intervene as necessary to prevent accidents and report unsafe conditions immediately to the Landfill Manager and /or designee. In addition, Equipment Operators may conduct random inspection of vehicles for prohibited wastes. City of Corpus Christi 12 July 2007 Cefe Valenzuela Landfill - SOP Version 1 7 SQ.,'"" -t t it ,' la- - o� �yyr�C,mpoua►eo0o0e0 � �00� 8-7-1-2'? /yJ� ZZ -� 3 t iioI-iAEi:• l' . QDt=N y�1gyy177,,1- j�lOi6�Pio [f Gq u�7::::71,4/4.5 ��4Laborers/Spotters:�Jd�1�� ��V��4w Landfill laborers are responsible for overall site maintenance including litter pick up, general site maintenance, and, in certain instances, waste screening. Some, but not all, laborers on site will be trained to conduct waste screening. 4.3 Key Personnel Minimum Qualifications Criteria The City of Corpus Christi is also required to provide a description of the minimum qualifications for each position held by key personnel located on site, including City and current contractor personnel. The following Table 4.1 shows minimum personnel training and qualifications. Table 4.1 Personnel Types and Descriptions Position Training Director of Streets and Solid Waste* Must hold and maintain MSW Supervisor Occupational license Grade A or be able to obtain one within one year of hire. Minimum of five years experience in the field of solid waste management. Assistant Director of Solid Waste* Must hold and maintain MSW Supervisor Occupational license Grade A or be able to obtain one within one year of hire. Minimum of five years experience in the field of solid waste management. Complete training in site safety, fire protection and waste screening, Landfill Manager* Must hold and maintain MSW Supervisor Occupational license Grade C within 1 year of hire, Minimum three years solid waste or related regulatory experience. Complete training in site safety, fire protection. Chief Landfill Foreman Must hold and maintain MSW Supervisor Occupational license Grade C within 1 year of hire. Complete training in site safety, fire protection. Gate Attendant Waste screening training, 40 -hour HAZWOPR within 1 year of hire, Equipment Operator Waste screening training, 40 -hour HAZWOPR within 1 year of hire. Laborer/Spotter Waste screening training, 40 -hour HAZWOPR within 1 year of hire. *These personnel will have other duties within the department. 'The Landfill Manager's designee must possess a license (Class A, B, or C) issued in accordance with Chapter 30, Subchapter F. The City does intend to periodically contract with private firms to operate portions of the landfill. Private operators must demonstrate qualifications criteria for equivalent positions described in this section. City of Corpus Christi 13 August 2007 Cafe Valenzuela Landfill - SOP Version 2 4.4 Projections of Personnel as a Function of Waste Acceptance Rates The table below lists the types and required staff compared with the waste acceptance rates. The intention of this projection is to make sure that enough qualified personnel are present for the varying levels of waste acceptance. Table 4.2: Landfill Disposal Operations Staffing Requirements Personnel 1 `1000 TPD 1001— 2000 TPD 2001.3000 TPD 3001-4000 TPD Director of Streets and Solid Waste 1 1 1 1 SSW Assistant Director 1 1 1 1 Landfill Manager 1 1 1 1 Chief Landfill Foreman 1 1 1 1 Equipment Operators 3 3 4 4 Gate Attendants 2 3 3 4 Laborers/Spotters 3 4 5 6 City of Corpus Christi 14 July 2007 Cefe Valenzuela Landfill - SOP Version I 5.0 Types of Equipment As per the "Types of Equipment" requirements of 30 TAC §330.127(2), the City of Corpus Christi is required to list and discuss in the SOP the description, sizes, types, numbers, and functions of the equipment to be used at the facility. The City's contractor is required to handle the incoming waste after it has been accepted and screened by the City. The waste will be pushed to the proper location and compacted to achieve the desired density and waste elevations. The contractor is also responsible for covering the waste at the end of the day. The table below lists the types of equipment used in day-to-day operations according to the waste acceptance rate. The intention of this list is to anticipate the amount of equipment necessary in the event that an increase in waste acceptance occurs. Table 5.1: Minimum Equipment per Waste Acceptance Rate Equipment1-1000 TPD 1001 -2000 TPD 2001-3000 TPD 3001 —4000 TPD Landfill Compactor > 100,000 lbs 2 2 2 3 Bulldozers CAT D6 or Equivalent 2 3 3 4 Excavator 180 hp or equivalent 1 1 1 1 Articulating Truck CAT 725 or equivalent 2 2 3 3 Motor Grader 145 hp or equivalent 1 1 1 1 Front End Loader 140 hp or equivalent 1 1 1 1 Tractor Mower 1 1 1 1 Pickup Truck (various models) 2 2 2 3 Fuel Truck 1 1 1 1 Water Truck 1000 gallon or equivalent 1 1 1 1 Water Pump 1 1 1 1 City of Corpus Christi 15 Cefe Valenzuela Landfill - SOP July 2007 Version 1 The following generally describes the functions of the heavy equipment listed in Table 5.1 above. Ei Dozer/loader — removing, replacing, moving daily and intermediate cover soils; repair levees and berms, building and repairing roads ® Excavator — general excavation work; excavating for cover soil (daily and interim) HI Dump trucks — transporting cover soil • Compactor — compacting waste and cover ® Water truck — dust control; transporting leachate; supplemental watering ® Scraper —moving gravel and soils for daily and intermediate cover soils, levees and beans. m Motor grader — building and repairing on-site roads and drainage features gi Tractor Mower — site maintenance, grass cutting al Water Pump — operating leachate collection system and for managing areas where water ponding may occur on the site. Disclosure Statement "In addition to the above list, miscellaneous pickups, vans, and other light utility vehicles as well as various pumps, instruments, and safety and training equipment will be on-site as necessary for operational efficiency. At infrequent times, such as during equipment breakdown or periodic maintenance, some pieces of equipment may not be immediately available." City of Corpus Christi 16 July 2007 Cele Valenzuela Landfill - SOP Version 1 6.0 Personnel Training As per the "Personnel Training" requirements specified in 30 TAC § 330.127(4), the City of Corpus Christi is required to provide training and keep track of the personnel training records necessary to ensures the facility's compliance with rule requirements. Training and safety meetings will be scheduled at least once per month. If a regularly monthly meeting is cancelled, it shall be rescheduled or combined with the scheduled training the following month. Records of personnel attending each training session and the topics covered will be maintained at the site. The training will be provided by qualified personnel. Topics for training may vary each month but must be conducted at least annually for: 1. Fire protection, prevention and evacuation 2. Fire extinguisher use 3. Asbestos waste management 4. Emergency response 5. Litter control and windblown waste pick-up 6. Hazardous waste management and PCB waste detection and control 7. Prohibited waste management 8. Properties of methane gas and safety procedures for methane gas 9. Additional training for job specific activities as needed 10. Safety 11. Random inspection procedures Facility personnel must take part in an annual review of their training in accordance with 335.586 (c). The Landfill Manager will review each employee on an annual basis to see that adequate training is held to maintain the required licenses and that training in site safety and waste screening is provided at least annually. As per 30 TAC 335.586(a)(2), the training program will include — at minimum — procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; communications or alarm systems; response to fires or explosions; response to ground -water contamination incidents; and shutdown of operations. City of Corpus Christi 17 July 2007 Cefe Valenzuela Landfill - SOP Version 1 7.0 Detection and Prevention of Disposal of Prohibited Waste As per the "Detection and Prevention of Prohibited Waste, Hazardous Waste, and PCBs" requirements specified in 30 TAC §330.127(5), the City of Corpus Christi is required to have a protocol to exclude prohibited waste, including hazardous waste, PCBs, and waste listed in §330.15(e). Prohibited waste includes but is not limited to lead acid batteries, used motor vehicle oil, used -oil filters from internal combustion engines, whole used or scrap tires, items containing chlorinated fluorocarbons (CFCs) unless all the CFCs contained within the item have been properly managed, liquid waste as defined in TAC §330.3 (relating to definitions), regulated hazardous waste as defined in TAC §330.3 (relating to definitions), polychlorinated biphenyl (PCB) waste, as defined under 40 Codes of Federal Regulations part 761, and radioactive material as defined in TAC §336. 7.1 Control of Incoming Waste Incoming waste will be controlled in three ways to preclude the inadvertent receipt of prohibited wastes. First Level of Control consists of informing the customers that make inquiries via phone or in person of the types of waste accepted at the landfill. Screening of waste will also take place at the transfer station prior to waste from this location being hauled to the landfill. Second Level of Control consists of informing key personnel at the landfill of the typical characteristics of these prohibited wastes. Key personnel will be trained according to the "Personnel Training" requirements listed in Section 6 of this SOP. Personnel from both the City of Corpus Christi and the current contractor are instructed to contact the Landfill Manager or his designee on duty if prohibited material is detected anywhere on site. City of Corpus Christi 18 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Third Level of Control will be provided by the Landfill Manager, Gate Attendants, and Equipment Operators. Random inspections of a certain percent of vehicles entering the landfill will be made daily at the gate by landfill site personnel listed above, The percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected. The daily random inspections will be filed in the Site Operating Record. Fourth Level of Control will be provided by the Landfill Manager, and/or other qualified personnel at the working face. Random inspections of a certain percent of vehicles at the working face will be made daily by current contractor personnel, the percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected from the working face. Trucks will be selected via a random number sheet identifying the number of trucks entering the site each day before the random inspection(s) will be conducted. The daily random inspections will be filed in the Site Operating Record. If there is an incident involving the receipt or disposal of regulated hazardous waste or PCB waste at the landfill, the ED and any local pollution agency with jurisdiction will be notified within two days of discovery, as required by §330.127(5)(D). Personnel shall be trained on an on-the-job basis by their supervisors related to acceptable and unacceptable wastes. Records of employee training on prohibited waste control procedures shall be maintained in the facility operating record. The personnel shall be trained to look for the following indications of prohibited waste: • Yellow hazardous waste on PCB labels • DOT hazard placards or markings • Liquids • 55 -gallon drums 9 85 -gallon overpack drums City of Corpus Christi 19 July 2007 Cefe Vatenzuela Landfill - SOP Version 1 e Powders or dusts • Odor or chemical fumes o Bright or unusual colored wastes o Sludges 7.2 Protocol for Random Waste Inspections The random inspections will be performed daily at the entry point to the landfill and at the working face. The purpose of the random inspections is to detect prohibited waste, hazardous waste, and PCBs that could potentially enter the site concealed within loads of authorized waste. The selection of loads for random inspection will exclude only waste in transfer vehicles that has already been screened. a All other vehicles will be included in the pool of loads for random waste inspections. However, if at any time an excluded vehicle outside the pool is found to have suspected waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to random waste inspection consideration. STEPS FOR RANDOM WASTE INSPECTION Step One Direct the selected vehicle to the designated random waste inspection site. Step Two Qualified Personnel will inspect the load searching for signs of prohibited waste, hazardous waste, and PCB's that could potentially enter the site concealed within loads of authorized waste. The personnel performing the random waste inspection reserves the right to ask the driver to completely empty the load for a thorough examination, Step Three The results from the random waste inspections loads will be recorded Site Operating Record. Step Four In the event that a prohibited waste, hazardous waste, or PCB's is detected then the waste must be managed in accordance with Section 7.3 or 7.4 of this SOP. City of Corpus Christi 20 July 2007 Cefe Valetzuela Landfill - SOP Version 1 7.3 Management of Prohibited Wastes, Hazardous Wastes, and PCB's detected at the Entry Point of Cefe Valenzuela Landfill If a prohibited waste is discovered at the entry point of the landfill, the gate attendant shall immediately notify the Landfill Manager or its designee of the situation. The driver shall be advised that the waste cannot be accepted and where the waste may be disposed of legally. He or she shall be responsible for the proper disposal of this rejected waste. Gate attendants will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. 7.4 Management of Prohibited Wastes, Hazardous Wastes, and PCBs detected at the Working Face If a prohibited waste is discovered at the working face, personnel at the working face shall immediately notify the Landfill Manager or its designee of the prohibited waste location and actions taken. Prohibited wastes that are not discovered until after they have been unloaded shall be returned to the vehicle that delivered the waste. The driver shall be advised where the waste may be disposed of legally and he or she shall be responsible for the proper disposal of this rejected waste. Personnel at the working face or other personnel assigned by the Landfill Manager or its designee will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. In the event that the unauthorized waste is not discovered until after the vehicle that delivered the waste is gone, the waste shall be segregated and controlled as necessary. An effort shall be first made to identify the entity that deposited the prohibited waste and have them return to the site and remove the waste. In the event that identification is not possible, the Landfill Manager will notify the TCEQ and seek guidance on how to dispose of the waste as soon as possible. The Landfill Manager or its designee will enter the incident in the Site Operating Record. City of Corpus Christi 21 July 2007 Cefe Valenzuela Landfill - SOP Version 1 7.5 Large Items Containing CFCs Large items containing CFCs will be kept separate from the working face. A licensed contractor will be responsible for removing CFCs in accordance with 40 CFR §82.156(f). Once CFCs are removed, the appliances can be either recycled or disposed as a large item in accordance with procedures defined in section 17.0 of this SOP. City of Corpus Christi 22 July 2007 Cefe Valenzuela Landfill - SOP Version 1 8.0 Fire Protection Plan As per the "Fire Protection" requirements specified in 30 TAC § 330.129, the City of Corpus Christi is required to have fire protection procedures in place to protect the safety of the employees, protect the environment, and minimize damage to the integrity of the site and structures. 8.1 Preventive Actions The following steps must be taken by designated landfill personnel as precautionary measures to prevent fires: ▪ Landfill personnel will take the necessary steps to prevent facility access to wastes that might present a fire hazard o Fuel spills must be contained and cleaned up immediately ▪ No smoking will be allowed in prohibited areas and other areas that have not been specifically designed for smoking • A stock pile of soil will be kept at the working face to be used as a fire control measure in case a fire occurs in the working face or adjacent areas. The open burning of solid waste, except for the infrequent burning of waste generated by on-site land cleaning operations or emergency clean-up operations as authorized by the TCEQ is prohibited at the site. Unattended landfill equipment will not remain in the active area of the site overnight. Additionally, fuel spills will be contained and cleaned -up in a timely fashion. Dead trees, brush or heavy vegetation will be moved at least 100 feet from the limits of the waste, and grass and weeds around the limits of waste will be moved so that forest, grass or brush fires cannot spread to the landfill. City of Corpus Christi 23 July 2007 Cafe Valenzuela Landfill - SOP Version l 8.2 Fire Protection Training All employees shall receive fire protection training regarding the provisions of this Fire Protection Plan. A review of fire control measures for all landfill personnel shall be conducted on an annual basis. At a minimum, each landfill employee shall receive training regarding the following: ® Fire prevention al Procedures to follow to respond to fires Fire fighting techniques ▪ The use and limitations of fire extinguishers ▪ When and who to contact in case of an emergency • Other methods for fire control and prevention 8.3 General Rules for Fire Incidents ▪ Contact the Fire Depaituient by calling 9-1-1. The City's Fire Department is approximately 3.5 miles away and ready to respond if necessary. • Alert other facility personnel. • Assess the extent of fire, possibilities for the fire to spread and alternatives for extinguishing the fire. • Proceed to attempt to contain or extinguish the fire only if it appears that the fire can be safely extinguished with available fire fighting devices and personnel. • Do not attempt to fight a fire alone; always wait for back up personnel to arrive. • Do not attempt to fight a fire without adequate personal protective equipment. • Upon the arrival of the Fire Department, direct Fire Fighting personnel to the fire and inform them of the actions taken. 8.4 Specific Fire Fighting Actions • If a fire occurs on a vehicle or piece of equipment, then the first step is to bring the vehicle to a safe stop and isolate it. If the situation allows, the vehicle must be parked away from any fuel sources, uncovered solid wastes, personnel and vehicles. Shut off the engine, engage the brake, or use some other appropriate method to prevent subsequent movement of the vehicle. City of Corpus Christi 24 July 2007 Cefe Valenzuela Landfill - SOP Version 1 If the fire is in the "working face" the burning area should be isolated and contained, Soils should be directly placed on the fire to prevent additional oxygen from feeding the combustion. If this is not possible or is unsafe, then attempt to cover the work face with additional soils, alternate fire mitigation materials or water spray. A common fire fighting method at landfills include covering the area in question with a significant amount of soil so as to prevent any more oxygen from feeding the combustion. Also, water could be sprayed from the water truck to help extinguish the fire or prevent it from spreading. If a fire is detected early enough, then a small fire may be fought with a hand held extinguisher. Fire extinguishers will be located at the Gatehouse and on each piece of operating equipment. 8.4.1 Stockpiling Fire -Fighting Materials Generally, the fire -fighting technique that can be quickly employed to fight a landfill fire is smothering with soil. The faster stockpiled soil can be placed over the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2,300 feet of the working face as an aid to fighting fires. A typical fire control stockpile is made up of one day's worth of daily cover material. Based on the maximum working face size of 150' by 150', a total of approximately 417 cubic yards of soil will be available within 2,300 feet. This amount of soil will vary depending on the quantities of waste accepted at the site. Only one area of the landfill will typically be open at any given time. During wet weather conditions, a wet weather operating area will be maintained, but the normal working area will not be open at that time. During cell transition periods, it may be necessary to operate two areas at the same time. This will be a short-term condition. Trained staff will be located at both areas. Each quarter, the Landfill Manager will evaluate waste acceptance at the site, and based on the largest quantities accepted per day, establish a stockpile quantity for the next City of Corpus Christi 25 July 2007 Cefe Valenzuela Landfill - SOP Version 1 quarter. The calculation will be made by multiplying the active working face area times .5 feet (cover thickness) divided by 27 cubic feet to determine cubic yards of stockpile. The landfill water truck will also be available on-site for fire fighting. Sufficient equipment is available on site to provide a minimum of six inches of soil over the working face in the event of a fire; however, this is not always deemed to be the most appropriate method for fire control. Under most circumstances, when the fire is limited to a small area of the site, material that is on fire will be removed from the working face to limit the size of the fire. Once removed, the fire can be extinguished using soil, fire extinguishers, or water from the water truck. If the fire becomes too large for control using these methods, the fire department will be notified immediately. Below is a calculation of the City's ability to place six inches of material over the maximum working face of 150' x 150'. Calculation Assumptions: Amount of soil required = surface area (150'x150') * cover thickness (.5') = 417 cubic yards 20 cubic yards per load (average) = 20.85 loads (11 per truck) 10 miles per hour average (includes loading and unloading time) — 880 feet / minute 11 loads @ 2,300' * 2 way = 50,600 ft / 880 ft per minute = 57.5 minutes which is less than the required 60 minutes. The staff will be trained upon hire and annually in fire protection and containment techniques and will be advised of the procedural listing in this document. Sufficient material will be available for fire prevention and to assist in extinguishing a fire if one should occur. The projected maximum size of the working face will vary with throughput. The working face sizes will be limited to the following sizes under normal site operations. The ranges represent the size of the working face including the wet weather area. City of Corpus Christi 26 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Table 8.1: Maximum Size of Working Face & Wet Weather Area Tons per day Maximum Square Feet of Working Face 1 - 100 2,500 101 - 1,000 10,000 1,001 - 2,000 22,500 2,001 - 3,000 40,000 Under normal working conditions, only one area will be allowed for disposal of municipal solid waste. During wet weather conditions, a designated wet weather area will be used. The maximum size of the wet weather area will correspond to the size of the normal working face. A trained employee staff (equipment operator or spotter) will monitor the working face during disposal operations. 8.5 Operational Activities that Store, Process, or Dispose of Combustible Materials Fueling Tank Operation: The City of Corpus Christi owns a 10,000 gallon fuel tank used for the fueling of heavy equipment vehicles servicing the landfill and surrounding City properties. 8.6 Fire Fighting Equipment Facility equipment will include fire extinguishers, a water truck with powered spray capability, earth moving equipment, and a water pump. A fire extinguisher shall be placed at all buildings on site, on each piece of heavy equipment, and at the fueling station. Each extinguisher shall be inspected at least annually and recharged as necessary. The site will have a bulldozer and earth moving equipment, either a scraper and/or excavator and dump truck, and water pump available for fire fighting purposes. The bulldozer will be available for spreading soil over the burning waste and for dispersing any incoming load that is on fire. The scraper or excavator and dump truck will provide cover soils for covering burning waste and for transferring extinguished and cooled loads for disposal. The water truck may be used for dumping or spraying water on fires. The City of Corpus Christi 27 July 2007 Cefe Valenzuela Landfill - SOP Version I water pump may be used for loading water into the water truck or for pumping water directly onto a fire. 8.7 Hot Loads Burning waste will not be unloaded in the active area of the landfill. After the gate attendant, equipment operator, or other site personnel have identified signs of a possible load of burning waste or a hot load, the truck will be directed to a pre -designated portion of the landfill away from the working face, fuel areas, and other combustion sources. The waste will be unloaded and the water truck will water down the waste. The bull dozer may smother the fire with soil if the water does not sufficiently extinguish the fire. The waste will then be inspected for signs of fire or hot spots. When the fire has been extinguished and the waste has been cooled, the waste will then be transferred to the landfill active area and disposed. 8.8 Equipment Cleaning Limited high pressure hot water or steam will be used to remove combustible waste and caked material that can cause equipment overheating and increase the threat of fire. The cleaning will be limited to equipment used primarily on the working face and will be accomplished in an area that was constructed in a manner that is compliant with Subtitle D requirements. There is no limit on the number of times cleaning can occur. 8.9 Fire Protection Standards The City of Corpus Christi adopted the "2003 edition of the International Fire Code" as the Fire Prevention Code Section of the City Code of Ordinance. 8.10 Different Types of Fires The table below describes the four common types of fires and the proper extinguishing agent to use in each case. City of Corpus Christi 28 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Table 8.2: Fire Type and Extinguishing Agent Fire Type Characteristics Extinguisher Type Class A Fire Wood, paper, textiles, and other ordinary combustibles. Class A or ABC Extinguisher: Uses water, water-based chemical, foam, or multi-purpose dry chemical. A strictly Class A extinguisher contains only water. Use Class B Fire Flammable liquids, oils, solvents, paint, grease, etc. Class ABC or BC Extinguisher: Uses foam, dry chemical, or carbon dioxide, to put out the fire by smothering it or cutting off the oxygen. Class C Fire Electrical, live or energized electric wires or equipment, Class ABC or BC Extinguisher: Uses foam, dry chemical, or carbon dioxide to put out the fire by smothering it or cutting off the oxygen. Class D Fire Combustible metals (magnesium, titanium, potassium, etc.) Class D Extinguisher: Uses dry powder or other special sodium extinguishing agents. City of Corpus Christi 29 July 2007 Cefe Valenzuela Landfill - SOP Version 1 9.0 Access Control As per the "Access Control" requirements specified in 30 TAC § 330.131 all municipal solid waste management facilities must control access. The City of Corpus Christi is required to have adequate access control to prevent unauthorized waste disposal. Public access to the landfill is limited to one main entrance/exit located on CR 20, The Gate Attendants will control access and monitor all vehicles entering and exiting the site. 9.1 Access from Public Road Access to the site will be controlled at the main site entrance/exit. A site entrance sign is prominently displayed adjacent to the main entrance. There is also a gate located at the entrance to the facility. This gate is locked when the facility is not in operation. 9.2 Vehicle Access Landfill vehicles and waste vehicles will have access to the active portion of the landfill. All visitor vehicles not related to waste hauling activities are required to sign -in at the gatehouse and are then directed to go to the landfill office to discuss the nature of business with the Landfill Manager. The Landfill Manager reserves the right to accept or deny entry if they feel that the visitors presence or intended activity might hinder the overall landfill performance. 9.3 All Weather Access The main site entrance at CR20 is paved asphalt roadway that transitions into all-weather roads in the interior of the site. Site personnel maintain the caliche roads for all —weather access. The entrance road to the facility from CR20 and interior access roads within the site are all-weather roads, The all-weather road and access area should be constructed of caliche, limestone, concrete or asphalt. A "pad" may be constructed near the disposal area so that vehicles will have maneuverability to dispose of the waste at the working face during wet weather. The materials used for all-weather road construction may be salvaged and reused as the access roads locations change across the site. City of Corpus Christi 30 July 2007 Cele Valenzuela Landfill - SOP Version 1 9.4 Traffic Control The Gate Attendant will restrict site access only to authorized vehicles and will direct the traffic to the corresponding disposal area. Most commercial waste transportation will be weighed at the scales and then directed to the active portion of the landfill. Most non- commercial waste transportation vehicles will be directed where to go by the Gate Attendant or by the different signs placed on site. Site personnel, signs, and barricades will be used to control traffic flow and to expedite safe movement of vehicles. 9.5 Site Security and Access Control Breach Site security measures are designed to prevent unauthorized persons from entering the site, to prevent unauthorized disposal, to protect the facility and its equipment from potential damage caused by trespassers, and to prevent disruption of facility operations caused by unauthorized site entry. If an access breach is detected and the repairs take up to 8 hours after first discovery, then the TCEQ does not need to be notify of the incident. However, the incident will be recorded in the Site Operating Record as a non -reportable incident. If an access breach is detected and the repairs are anticipated to take more than 8 hours after first discovery, then the TCEQ must be notified of the incident. Furthermore, the incident will be recorded in the Site Operating Record as a reportable incident. The following table summarizes the repair and reporting requirements for access breaches repaired within 8 hours and not permanently repaired in 8 hours. Table 9.1: Repair and Reporting Requirements for Access Breaches Requirements If an Access Breach occurs and it can be repaired within 8 hours If an Access Breach occurs and it cannot be permanently repaired in 8 hours Then, notification to TCEQ regional office of breach and repair schedule... Is Not required Is required within 24 hours Then, temporary repairs must be completed... Do not apply Within 24 hours City of Corpus Christi Cefe Valenzuela Landfill - SOP 31 July 2007 Version 1 Requirements If an Access Breach occurs and it can be repaired within 8 hours If an Access Breach occurs and it cannot be permanently repaired in 8 hours Then, permanent repairs must be completed... Within 8 hours Within the schedule submitted to TCEQ regional office in the initial notice Then, notification to TCEQ regional office when permanent repair is completed... Is Not required Is required within the schedule submitted to TCEQ regional office in the initial notice 9.6 Site Fencing An appropriate fence will be maintained in areas where natural barriers are not available to prevent public access to the facility. The types, sizes and performance specifications for the fences are listed in table below. Table 9.2: Fence Specifications Type of Fence Performance Specifications Location of Fence Galvanized Wire Fence 5 feet high, 14 Gauge, consisting of 2"x 4" Galvanized Wire Fence Perimeter Fence Galvanized Wire Fence 8 feet high, 14 Gauge, consisting of 2"x 4" Galvanized Wire Fence Containment Fence City of Corpus Christi 32 July 2007 Cefe Valenzuela Landfill - SOP Version 1 10.0 Unloading of Waste As per the "Unloading of Waste" requirements of 30 TAC § 330.133, the City of Corpus Christi is required to have a protocol pertaining to the unloading of wastes. The unloading of solid waste must be confined to as small an area as practically possible, the maximum allowable working face area will be 40,000 ft2. Trained personnel will be available to monitor each load that is disposed of in the working face. 30 TAC § 330.133 gives the facility staff the authority and responsibility to reject unauthorized loads and have unauthorized material removed from the working face. A record of unauthorized material removed from the working face will be entered in the Site Operating Record. Trained personnel refers to the Landfill Manager, landfill foreman, equipment operators and laborers with waste screening training which will monitor the incoming waste at the working face. These personnel will be familiar with the rules and regulations governing the various types of waste that can or cannot be accepted into the facility, including knowledge of 30 TAC § 330.171. The personnel will also have a basic understanding of both industrial and hazardous waste and their transportation and disposal requirements. 10.1 Management of Wastes Disposed in Unauthorized Areas Unloading of waste in unauthorized areas is prohibited. Solid waste unloading will be controlled to prevent disposal in locations other than those specified by site management. Signs with directional arrows and portable traffic barricades will help to restrict traffic to designated disposal locations. Signs will be placed along the access roads to the current disposal area or other designated disposal areas that may be established. Any waste deposited in an unauthorized area will be promptly removed and disposed of at the working face. Controls will also be used to confine the working face to a minimum width consistent with the rate of incoming waste, while allowing for safe and efficient operation. As mentioned before, the maximum allowable working face area will be 40,000 ft2. Normally, only one working face should be active on any given day. City of Corpus Christi 33 July 2007 Cefe Valenzuela Landfill - SOP Version 1 10.2 Random Load Inspections at the Working Face Random load inspections for all unauthorized wastes at the working face will be conducted at least once every day and they will be entered in the Site Operating Record. The random load inspections will follow the protocol established in Section 7.2 of this SOP. 10.3 Management of Prohibited or Unauthorized Wastes and PCBs detected at the Working Face If a prohibited waste, hazardous waste, PCBs, or any other unauthorized waste is discovered at the working face, then the Landfill Manager or its designee shall be notified immediately of the unauthorized waste location and actions taken. The prohibited waste, hazardous waste, or PCBs shall be managed according to the provisions set in Section 7.4 of this SOP. City of Corpus Christi 34 July 2007 Cefe Valenzuela Landfill - SOP Version I 'Ito Facility Operating Hours As per the "Facility Operating Hours" requirements specified in 30 TAC § 330.135, the City of Corpus Christi is required to specify the operating hours when the facility may be open to accept waste and the operating hours when materials may be transported on or off site. The facility is authorized for waste acceptance 24 hours per day, 7 days per week. Actual hours of operation will be set by the Director of Solid Waste Services. Prior to initial opening of the facility, the Landfill Manager will inform TCEQ in writing of the planned hour of operation. City of Corpus Christi 35 July 2007 Cefe Valenzuela Landfill - SOP Version 1 12.0 Site Signs An "entrance sign" is displayed at the CR 20 entrance to the site. The sign will measure at least 4 feet by 4 feet, and have lettering of at least 3 inches in height which states the name of the site, type of site, hours and days of waste acceptance, and the TCEQ MSW permit number. A sign prohibiting certain types of waste such as hazardous waste, and "smoking wastes" will be posted near the landfill entrance. In addition, a sign stating that all waste transport vehicles must be properly covered will be posted at the CR 20 entrance and at the gate house. The City is authorized to operate the facility 7 days per week, 24 hours per day. At the City's discretion, waste acceptance hours will be set within this timeframe and will be included on the site sign. The sign will also indicate the phone numbers of emergency contact personnel available 24 hours per day, including the Landfill Manager and the emergency fire department contact. Rules related to requirements that any loads delivered to the landfill must be covered will be included with the site sign, City of Corpus Christi 36 July 2007 Cefe Valenzuela Landfill - SOP Version 1 13.0 Control of Windblown Solid Waste and Litter As per the "Control of Windblown Solid Waste and Litter" requirements specified in 30 TAC § 330.139, the City of Corpus Christi is required to control onsite windblown waste and litter scattered along fences, access roads, and at the gate, due to wind currents or as a result from waste falling from vehicles at least once a day on days that the facility is in operation. Windblown Wastes and Litter will be controlled using the following means: ▪ Waste disposal vehicles using the landfill will be required to have adequate covers or other means of containment for the wastes they transport. The adequacy of covers and/or containment will be checked at the site entrance. • Displaying signs indicating that unsecured loads will not be admitted and they will be subjected to enforcement action from the Solid Waste Code Enforcement Officers. • Personnel from Solid Waste Code Enforcement will be responsible for issuing violations for improperly secured loads. • Portable litter control fences will be provided, as necessary, at appropriate locations. The litter control fences may be constructed of wire mesh screens attached to portable frames or other appropriate anchor methods. The litter control fences should be of sufficient height to control windblown waste and litter. The litter control fence should be located as close as practical to the active area to control windblown waste and litter. At least once a day that the facility is in operation, litter will be collected that may have accumulated on-site near the gate house and access roads used by waste disposal vehicles. The actions taken and volumes handled will be recorded daily in the Site Operating Record. The City is responsible for litter control within two miles of the site entrance in either direction on CR 20. The City will provide this litter pickup on each day that the landfill is in operation. The collected waste will be taken to the landfill for disposal. City of Corpus Christi 37 July 2007 Cefe Valenzuela Landfill - SOP Version 1 n The working face shall be covered at least once daily during the operational hours using approved daily cover materials to avoid prolonged exposure of wastes and to minimize windblown effects. City of Corpus Christi 38 July 2007 Cefe Valenzuela Landfill - SOP Version 1 14.0 Easements and Buffer Zones As per the "Easement and Buffer Zones" requirements of 30 TAC § 330.141, the City of Corpus Christi is required to address the location and operations concerning easements and buffer zones. 14.1 Easements In accordance with 30 TAC§ 330.141, solid waste unloading will not occur within an easement or right of way that crosses the site. No solid waste disposal will occur within 25 feet of the centerline of any utility line or pipeline easement, unless otherwise authorized by the TCEQ. Easements, will be clearly marked as specified in Section 15 (relating to Landfill Markers and Benchmarks) of this SOP. Electrical and telephone service to the site will be provided by a combination of overhead lines on utility poles and underground piping. Drinking water will be provided by underground piping from an on-site water supply well. Wastewater from the buildings will be handled by an onsite septic tank system or will be transported to a City wastewater treatment plant by tank truck. Natural gas will not be used at the site at this time. Several underground pipeline easements cross the site, as identified in Part 111 of the Permit Application and Site Development Plan, attachment 1 -Site Layout Plans. This map identifies specific easement widths as well. Waste shall not be placed within 25 feet of the centerline of any underground pipeline easement. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. 14.2 Buffer Zones The buffer zone is located between the permit boundary and the waste footprint. The buffer zone for the site is composed of a 500 -foot wide band of site property located adjacent to the property boundary. No solid waste unloading, storage, disposal, or City of Corpus Christi 39 July 2007 Cafe Valenzuela Landfill - SOP Version 1 processing operations will occur within any buffer zone or right-of-way that crosses the site. Perimeter drainage, buffer zone planting, fanning, and other non -waste related activities may occur within the buffer zone, in accordance with the Site Development Plan, The buffer zone and/or perimeter access roads adjacent to the waste footprint will be maintained at a width of at least 50 feet with no obstacles to provide safe passage for fire fighting and other emergency vehicles. The Landfill Manager will make provisions to ensure that proper lighting at the working face is oriented so that it does not become a nuisance to adjacent residents. Due to long distances between landfill and residences, it is not anticipated that physical barriers between the site and residences will be needed. However, if additional mitigation of light or noises becomes necessary, the Landfill Manager or its designee will take appropriate measures to promptly address the issue. All buffer zones will be clearly marked with a yellow marker. City of Corpus Christi 40 July 2007 Cefe Valenzuela Landfill - SOP Version 1 15.0 Landfill Markers and Benchmark As per the "Landfill Markers and Benchmark" requirements specified in 30 TAC § 330.143, the City of Corpus Christi is required to indicate how the landfill markers and benchmarks will be maintained. 15.1 Landfill Markers Landfill markers will be installed to clearly mark significant features. The markers will be steel, wooden, plastic or other appropriate materials of construction. The markers will not be obscured by vegetation and will be placed in sufficient numbers to clearly show the required boundaries. Markers that are removed or destroyed will be replaced within 15 days after first discovery. Guidelines for types, placements, and color -coding of markers are outlined below. B Site Boundary: Site Boundary markers will be painted black. The markers will be placed at each corner of the site and along each boundary line at intervals no greater than 300 feet. Fencing may be placed within these markers as required. In areas where the fence is located on the property boundary the fence posts may be painted black and used as site boundary markers. In this case, the post may be no less than 6 feet in height n Buffer Zone: Buffer zone markers will be painted yellow. The markers will be placed in sequence with development of the site (see Part II of the Permit Application and Site Development Plan, Attachment 1) along the buffer zone boundary, at corners, and between corners at intervals of approximately 300 feet. The buffer zones will be a minimum of 500 feet wide. A copy of the Permit Application and Site Development Plan can be found in the landfilI's organized document library. a Easements and Right -of -Way: Easements and rights -of -ways markers will be painted green. The markers will be placed in sequence with development of the City of Corpus Christi 41 duly 2007 Cefe Valenzuela Landfill - SOP Version 1 site (see Part III of the Permit Application and Site Development, Attachment 1) and only within the areas of solid waste activities. Markers south of grid line N8000 will be placed as follows: At site opening (see Figure 1.13 located in Part III of the Permit Application and Site Development, Attachment 1) the Hanlon - Buchanan Pipeline from its intersection with the site entrance road southward, and all other known pipelines and utility easements will have markers placed at intervals of approximately 300 feet along the centerline of the easement along the boundary of right-of-way, at each corner within the site (each changed direction of the pipeline), and at the intersection of the pipeline with the site boundary. The Hanlon -Buchanan Pipeline easement and right-of-way will be marked at its intersection with the site entrance road, but not further marked north of that intersection until site development eliminates agricultural production north and east of this intersection (see Figure 1.16 located on Part III of the Permit Application and Site Development, Attachment 1). at that time the Hanlon - Buchanan pipeline easement and right-of-way will be marked at 300 -foot intervals from the entrance road to gridline N8000. Easements and rights-of-way located north of grid line N8000 will be marked at the site opening only where they cross the entrance road and at their intersections with the site boundary. Internal markers north of grid line N8000 will not be utilized so as to not otherwise interfere with agricultural activities. Disposal of solid wastes north of grid line N8000 cannot occur under this permit. Future development of areas north of gridline N8000, should it be desired, will comply with applicable solid waste regulations in effect at the time of the desired new development. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. Landfill Grid System: Grid markers will be painted white. The grid system will consist of lettered markers along two opposite sides and numbered markers along the other two sides. These markers will be spaced no greater than 100 feet apart measured along perpendicular lines. Intermediate markers will be installed in the City of Corpus Christi 42 July 2007 Cefe Valenzuela Landfill - SOP Version 1 case where markers cannot be seen from opposite boundaries. The grid markers will be maintained during the active life of the site and throughout the post - closure period. The grid system will mark at least the area that will be filled with solid waste within the next three years. SLER or GLER Area: SLER or GLER markers will be painted red. The markers will be placed so that all areas for which a SLER or GLER has been submitted and approved by the TCEQ are readily determinable. Such markers are to provide site workers immediate knowledge of the extent of the approved disposal areas. The location of these markers will be tied into the landfill grid system and will be reported on each SLER or GLER submitted. SLER or GLER markers will not be placed inside the evaluated areas. a Flood Plain: There are no areas of this site inundated by the 100 -year flood plain. Therefore, such markers are not necessary. a Class 1 Areas: Specific areas dedicated to the burial of Class 1 non -hazardous industrial solid wastes will be marked at all corners of the approved composite liner for the Class 1 area. Such markers will provide site workers immediate knowledge of the extent of the approved disposal areas. Markers will be located so that they are not destroyed during operations. 15.2 Landfill Benchmarks As required by 30 TAC § 330.143(b)(8), a permanent benchmark will be established onsite in areas that are accessible and will not be used for disposal. The benchmark will be a bronze survey pin set in concrete on monitor well pads. The benchmark elevation has been surveyed from a known United States Geological Survey (USGS) benchmark or other reliable benchmark. City of' Corpus Christi 43 July 2007 Cefe Valenzuela Landfill - SOP Version 1 1i 6.0 Materials Along the Route to the Site As per the "Materials Along the Route to the Site" requirements specified in 30 TAC § 330,145, the City of Corpus Christi is required to take steps to encourage waste disposal vehicles to carry their load in enclosed containers or provide a tarpaulin, net, or other means to properly secure the load. A sign will be posted stating this policy at the CR20 entrance and at the gate house, These steps are necessary to prevent the escape of any part of the load by blowing or spilling. The landfill personnel will be responsible for the cleanup of waste material spilled along and within the right-of-way of all public access roads serving the site for a distance of 2 miles in either direction from the entrance on CR20. This will be done every day that the landfill is in operation. The actions taken and volumes handled will be recorded in the Site Operating Record. City of Corpus Christi A4 July 2007 Cefe Valenzuela Landfill - SOP Version 1 17.0 Disposal of Large Items As per the "Disposal of Large Items" requirements specified in 30 TAC § 330.147, the City of Corpus Christi is required to manage large items in such a way that they do not present an interference to site operations and/or to avoid any potential environmental issue that might impact the site and/or its surroundings. Refrigerators, freezers, air conditioning units, or other items containing CFC refrigerant will not be accepted for disposal at the working face unless the CFC's contained in the item have been removed completely by a licensed contractor in accordance with 40 CFR § 82.156(f), as amended. The City of Corpus Christi will hire a licensed contractor to remove the CPC's contained in the items prior to disposal at the working face. The City of Corpus Christi will temporarily store items containing CFC's in the "Appliance Area" located inside the landfill. The Appliance Area is sufficiently large to temporarily store large items awaiting CFC extraction. The Appliance Area will be separated from the working face by more than 500 feet to avoid any possible interference with disposal operations and/or to avoid any potential environmental issue that might impact the site and/or its surroundings. 17.1 Items classified as Large, Heavy or Bulky Items (White Goods) The following list gives examples of items that arc considered as large, heavy, or bulky. • Refrigerators of various sizes a Air conditioners of various sizes ® Dryers of various sizes o Washers of various sizes e Freezers of various sizes The above list is not inclusive and more items can be added at the Landfill Manager's discretion. City of Corpus Christi 45 July 2007 Cefe Valenzuela Landfall - SOP Version 1 Large items will be placed in the designated appliance area and recycled when possible. Large items including appliances will be removed at least monthly to eliminate the potential from these materials from becoming a nuisance. Tires that are delivered comingled with other waste and that are removed from the working face will be stored at the white goods area and recycled. Whole used or scrap tires will not be knowingly disposed. Scrap tires will be removed from this area every two weeks. Tires and appliances will be managed in a manner to reduce and eliminate possible ponding of water to eliminate potential conditions that would promote disease vectors. If disposed, they will be reduced in size at the working face to the extent practical. Large and bulky items, including brush will be disposed near the bottom of the fill face. Items that can be classified as large, heavy, or bulky can include, but are not limited to, white goods (household appliances), air conditioner units, metal tanks, large metal pieces, large pieces of brush and automobiles. Special care will be taken to achieve the maximum practical compaction of these items prior to placement of the next layer of waste in the lift. Special care will be taken while disposing these materials so that the liner is not damaged while this material is disposed. These materials will not be placed within the first five feet above the liner or sidewalls. 17.2 Management of Items Containing CFCs The respective license and certifications for the contractor will be kept on file at the landfill office. The contractor will remove all CFCs from the site upon extraction. The Landfill Manager will work to keep the storage of appliances on site to a minimum number of days, never to exceed more than one month. City of Corpus Christi 46 July 2007 Cefe Valenzuela Landfill - SOP Version 1 18.0 Air Criteria As per the "Air Criteria" requirements specified in 30 TAC § 330.149, the City of Corpus Christi is subject to TCEQ rules concerning burning and air pollution control, this includes nuisance odors, outdoor burning, visible emissions, and particulate matter control requirements. Sources of Odor Potential odor sources associated with. a municipal solid waste landfill facility may include the wastes being delivered to the landfill, the open working face, the leachate collection system, leachate storage ponds or tanks, ponded water, and landfill gas. Many of the wastes received at a landfill are a source of odor upon receipt, such as sludges and dead animals. Other wastes have the potential for becoming sources as they biodegrade during the decomposition process. Leachate„ liquid that has passed through or emerged from solid waste, may also be a source of odor if not properly handled or managed in a timely manner. Ponded water and landfill gas could become a source of odor as well. Due to the landfill being in a remote area with few neighbors, problems associated with odors will be minimal. 18.1 Odor Management Plan The odor management plan addresses the handling of particular odorous waste at the landfill. Odor control measures may include, but are not limited to the following items: • Control of any ponded. water at the site to avoid its becoming an odor nuisance • Incoming waste should be promptly landfilled. To avoid spillage and to minimize exposure to the atmosphere, removal of leachate should be done under appropriate weather conditions (i.e. low wind speeds, no rain). • Regular inspections and repairs of the gasket, cap, and. leachate riser backfill material. • Use of vapor -tight gaskets on all leachate sumps. City of Corpus Christi 47 October 2007 Cefe Valenztiela Landfill - SOP Version 3 • Adding leachate collection systems to the gas management system. m Daily visits on days that the landfill is in operation will be made to the leachate storage ponds or tanks to determine any odor problems. In the event of odor problems, the storage facilities will be examined and appropriate measures will be employed to minimize the odors. We do not anticipate any issues arising from odor. The wind is predominantly from the southeast and the nearest neighbor is approximately 1.5 miles from the ponds. If the wind is from the north, there are no neighbors within two miles of the south property line. The areas adjacent to the ponds are agricultural and no development is anticipated. However, if odor becomes an issue (complaint from a nearby neighbor specifically regarding odor from the ponds), then the City shall interview the neighbor and determine the cause of the odor. If it is determined that the odor is from the ponds and is a nuisance, then proper measures shall be taken as appropriate in accordance with current design standards. Such measures may include, but are not limited to, the use of aerators, bubblers, and as a last resort removing the leachate and transporting it off-site for treatment. • In the event objectionable odors occur, appropriate measures should be taken to alleviate the condition. ffi Identify known sources of odorous wastes and specify a time of day for these wastes to be received so that they can be given special attention. ▪ If odors are a result of improper use of alternate daily cover material, the cover material will need to be re-evaluated. ■ Spills of odorous material should be promptly managed. ■ Damage or erosion of daily, alternate or fmal cover should be promptly repaired NOTE: The City of Corpus Christi (Nueces County in general) is not in a State Implementation Plan (SIP) designated jurisdiction; therefore SIP criteria does not apply. 18.2 Open Burning Open burning is banned at the landfill, unless specifically authorized by the TCEQ to manage emergency situations, such as burning of brush when an emergency situation arises, i.e. hurricanes. ,�‘ 1 s k: ' %' �� 19.0 Disease Vector Control st JOSE C. GARZA 6 0.1 91790 :�. i :, 4s Revised City of Corpus Christi ��t�: `f0)��,o . t- �P Cefe Valenzu.ela Landfill - SOP zee, March 2008 3.415.0 19.0 Disease Vector Control As per the "Disease Vector Control" criteria specified in 30 TAC § 330.151, the City of Corpus Christi is required to control vectors such as rodents, flies, and mosquitoes at landfills through daily site operations, which include the application of daily, intermediate, and final cover. Landfill operators will conduct routine checks for insects or rodents associated with the operations and will report problems to the Landfill Manager. If necessary, a licensed professional should apply pesticides to ensure that proper chemicals are used and are properly applied. City of Corpus Christi 49 July 2007 Cefe Valenzuela Landfill - SOP Version 1 20.0 Site Access Roads As per the "Site Access Roads" requirements of 30 TAC § 330.153, the City of Corpus Christi is required to control and minimize mud, dust and litter from the landfill onto public roadways The entrance to the facility from CR20 and interior access roads within the landfill are all weather roads. These roads are provided for access to the active disposal area. Re -grading to minimize potholes will be performed as necessary. The following steps will be taken to control and minimize the impact of mud, dust and litter from the facility: 20.1 Control and Minimization of Mud: The road construction material will consist of caliche, limestone, or recycled asphalt, which provides mud control for waste disposal vehicles prior to exiting the site and returning to public roadways. The entrance to the landfill will be swept at least once per day on days when mud and associated debris are being tracked onto the public roadway, and as necessary to control excessive amounts of mud that the daily maintenance crew cannot handle. Mud and associated debris will be controlled through the use of all- weather roads, mechanical or hand sweepers, and equipment capable of scraping mud from the roads. 20.2 Control and Minimization of Dust: Dust at the facility will be controlled by watering the access roads as necessary to suppress dust generation. The water source may be clean storm water (including that storm water captured during cell construction), or applicable potable water supply system. 20.3 Control and Minimization of Litter: For control and minimization of windblown solid waste and litter see Section 13. City of Corpus Christi 50 July 2007 Cefe Valenzuela Landfill - SOP Version t 20.4 Re -grading of Site Access Roads: The site access roads will be re -graded at the discretion of the Landfill Manager but at least once a quarter. City of Corpus Christi 51 July 2007 Cefe Valenzuela Landfill - SOP Version 1 21.0 Salvaging and Scavenging As per the "Salvaging and Scavenging" requirements specified in 30 TAC § 330.155, the City of Corpus Christi is required to take the necessary steps to ensure that salvaging efforts do not interfere with sanitary disposal operations, and that scavenging activities do not occur on site. 21.1 Salvaging Operations Salvaged materials should be considered as potential recyclable materials and may be stored in a designated collection area. Salvaged items should be recycled often enough to prevent an excessive accumulation of the material at the site to prevent odor or other nuisance conditions from developing and to eliminate the risk of discharge of pollutants. Items recovered through salvage operations will be removed from the site at least once per month. 21.2 Scavenging Activities Scavenging will be prohibited at all times on site. The City of Corpus Christi will take necessary measures to prevent scavenging activities on site. City of Corpus Christi 52 July 2007 Cefe Valenzuela Landfill - SOP Version 1 22.0 Endangered Species Protection Based on previous studies and a determination by both the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service, operations of the site is not likely to impact endangered species (animal or plant). As the facility is developed site personnel should notify the Landfill Manager if any change in this status is suspected. Previous evaluation and the findings of the Texas Historical Commission indicated that cultural resources do not exist on site. As the facility is developed, site personnel should notify the Landfill Manager if any change in this status is suspected. The Landfill Manager will be responsible for reporting suspected changes to the status of endangered species or cultural resources to the Director of Solid Waste Services. The Director will then take appropriate action which may include notification of authorities as appropriate, and ordering modification of activities in the area of concern. City of Corpus Christi 53 July 2007 Cefe Valenzuela Landfill - SOP Version 1 2340 Landfill Gas Control As per the "Landfill Gas Control" requirements of 30 TAC § 330.159, the City of Corpus Christi is required to control and monitor landfill gas in accordance with the "Gas Management Plan" included in Part III of the Permit Application and Site Development Plan, Attachment 14. The Permit Application and Site Development Plan can be found in the landfill's document library as per the "Recordkeeping Requirements" specified in 30 TAC § 330.125. The landfill gas monitoring results will be kept in the facility's operating record and submitted to the TCEQ in accordance with the Site Development Plan, Attachment 14. 23.1 Perimeter Monitoring 23.1.1 Perimeter Monitoring Network The LFG monitoring probe network will include LFG monitoring probes and utility trench vents. The LFG monitoring probes will be located along the permit boundary and north of Unit 2. The utility trench vents will be located on each utility easement within 2,000 feet of the waste disposal areas. The probes and vents will be installed sequentially as the development of the fill areas progress. The probes and vents will be installed at locations when waste disposal is within 2,000 feet. Locations of the proposed monitoring probes and vents, was well as the installation sequence plan, are shown in Appendix 14A, Figure 14A. 1. Permanent LFG monitoring probes of a single tube design will be used to detect the presence of LFG in subsurface soil. The single tube probe design was chosen for two reasons. First, it provides monitoring of the soil strata for the total depth of the probe, minimizing the possibility of undetected LFG migration through an unscreened zone. Second, it is difficult to achieve and maintain positive seals between separate monitoring zones within a single well -bore, which increases the chance for misinterpreted monitoring results. City of Corpus Christi 54 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Utility trench vents will be used to detect the presence of LFG within the utility easements. Utility trench vents will be installed with a monitoring port for monitoring for the presence of LFG. The vent was selected to serve as a means of monitoring due to its ability to also be used to mitigate LEG migration within the utility easements should it occur. 23.1..2 Landfill Gas Monitoring Probes and Utility Trench Vents Proposed LFG monitoring probes will be installed consistent with guidelines presented in the TCQ Municipal Solid Waste Division Methane Monitoring Handbook, Version 2, December 1993. Probes will be installed to monitor the soil strata above the higher of the lowest measured groundwater level at the monitoring point or the lowest current or planned future elevation of waste within 1,000 feet of the monitoring point. The probes will be screened from approximately 1.5 feet above the bottom of the borehole to within approximately 5 feet of the ground surface. Washed pea gravel will be placed in the borehole to approximately 6 inches above the screened interval and approximately 6 inches of sand will be placed over the pea gravel. Bentonite pellets will be placed above the sand and hydrated to form an impermeable layer to prevent air and water intrusion into the probe boring. A concrete pad and a steel casing extending into the borehole and above the ground surface will also be installed. A PVC cap with a quick connect coupling will be installed at the top of the probe for ease of monitoring. No solvents or PVC cement, which may affect monitoring results, will be used during construction of the probes. A typical detail of the proposed LFG monitoring probes is provided on Figure 14A.2 in Appendix 14A. 23.1.3 Monitoring Procedures Methane concentrations will be measured using a combustible gas indicator calibrated against a methane standard with a sampling Iine for drawing samples directly to the indicator without diluting the sample. The indicator should give a direct reading of methane concentration by volume. Equipment maintenance requirements, monitoring procedures, and calibration information for the instruments used to monitor methane concentrations should be kept on site with the LFG monitoring records described in Section 3.3. Monitoring will be conducted under the oversight of the Chief Landfill City of Corpus Christi 55 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Foreman by qualified personnel or a qualified consultant. The results will be recorded on the attached Quarterly Landfill Gas Monitoring Report (Appendix AB), or similar form, and maintained in the Site Operating Record. If one of the tests indicate that the allowable concentration of methane has been exceeded, verification procedures, described in Section 4 of Part III, Attachment 14, will be implemented. If verification procedures indicate allowable limits are being exceeded, notification procedures, also described in Section 4, will be implemented. 23.1.4 Maintenance Procedures Each time LFG monitoring is conducted, the integrity of the LFG monitoring probes and utility trench vents will be inspected by the sampler. The sampler will record pertinent information on the Quarterly Landfill Gas Monitoring Report (Appendix 14B) or similar forms. The Quarterly Landfill Gas Monitoring Report will be kept on file at the facility. The sampler will perform the following at each monitoring event: o Verify that the LFG monitoring probe or utility trench vent number is clearly labeled on the outer casing or lid. o Verify that the protective casing is intact and is not bent or excessively corroded. ® Verify that the concrete pad is intact (no evidence of cracking or heaving). e Verify that the padlock is functional. e Verify that the inner casing is intact. If damage or excessive wear to the LFG monitoring probe or utility trench vent is observed, it will be reported to the Landfill Foreman. If it is not possible to repair the LFG monitoring probe or utility trench vent and the damage can potentially affect the accuracy of future monitoring results, the LFG monitoring probe or utility trench vent will be decommissioned and replaced with a new LFG monitoring probe or utility trench vent in accordance with Sections 3.1.2 and 3.4 of the Landfill Gas Management Plan. City of Corpus Christi 56 July 2007 Cefe Valenzuela Landfill - SOP Version 1 The combustible gas monitoring instrument should be calibrated and maintained in accordance with the manufacturer's instructions. The maintenance requirements for the monitoring instrument will be available on site with the LEG monitoring records described in Section 3.3. 23.2 Reeordkeeping/Reporting Field monitoring data records will be maintained for the methane monitoring and kept on site as part of the Site Operating Record. Field data will be recorded on the Quarterly Landfill Gas Monitoring Report form (or similar form) as shown in Appendix 14B of Part III. Quarterly monitoring results will be submitted to the TCEQ Executive Director or his authorized representative. Monitoring probes and utility trench vents will be monitored quarterly during the following periods: LFG Monitoring Quarters First Quarter: Second Quarter: Third Quarter: Fourth Quarter: January - March April - June July - September October - December The LFG Monitoring Program will continue for a period of 30 years after the final closure of the facility or until the owner or operator receives written authorization from TCEQ to revise or discontinue the program. City of Corpus Christi 57 Cefe Valenzuela Landfill - SOP July 2007 Version 1 24.0 Gel, Gas, and Water Wells As per the "Oil, Gas and Water Wells" requirements specified in 30 TAC § 330.161 the City of Corpus Christi is required to identify the location of any known abandoned oil or water wells on site. Oil wells, gas wells, and water wells associated with support of oil and gas drilling, are known to have been drilled on the site. During the course of site development, but prior to beginning construction on the site, the Landfill Manager will: a) Provide written notification to the TCEQ of the location of all known existing or abandoned water wells, crude oil wells, natural gas wells, or other wells associated with mineral recovery, situated within the site. b) Provide written certification to the TCEQ, that all such abandoned wells have been properly capped in accordance with applicable rules and regulations of the Railroad Commission of Texas. c) Provide a demonstration to the TCEQ that all such wells which are still in use at the time of the notification will not conflict with the development of the site. The demonstration will include a schedule for abandonment and plugging of wells which are anticipated to eventually conflict with the site development. Also included will be plans for protection of such wells, if necessary, until they are abandoned and plugged. 24.1 Discovery of Water Wells during Facility Operation As the site is developed, if any water wells are encountered they should be exposed, and the casing should be cut to a minimum of 2 feet below the excavation, and the well should be capped and plugged in accordance with all applicable rules and regulations of the TCEQ, the Railroad Commission of Texas, or other applicable state agency. If water wells are located the Landfill Manager or its designee must, within 30 days, provide written notification to the TCEQ's executive director of the location of any and all existing or abandoned water wells. Within 30 days of discovery, the Landfill Manager City of -Corpus Christi 58 July 2007 Cefe Valenzuela Landfill - SOP Version 1 will provide written certification to the Executive Director that all such wells have been capped, plugged, and closed in accordance with all applicable rules and regulations of the TCEQ or other state agency. A copy of all well plugging reports and closure documentation will be submitted with the closure certification. 24.2 Discovery of Oil and Gas Wells during Facility Operations The Landfill Manager will immediately provide written notification to. the Executive Director of the location of any and all existing or abandoned on-site crude oil or natural gas wells, or other wells associated with mineral recovery. The Landfill Manager will provide the Executive Director a written notification that all such wells have been properly capped, plugged, and closed in accordance with all applicable rules and regulations of the Texas Railroad Commission. A copy of the well plugging report required to be submitted to the appropriate state agency will also be submitted to the Executive Director of the TCEQ within 30 days after the well has been plugged. City of Corpus Christi 59 July 2007 Cefe Valenzuela Landfill - SOP Version 1 25.0 Compaction As per the "Compaction" requirements specified in 30 TAC § 330.163, the City of Corpus Christi is required to compact the incoming waste to provide a more efficient use of available space and reduce the amount of settling after the fill is complete. Compaction will be accomplished with an adequately sized landfill garbage compactor(s) to minimize the volume of loose material and have more air space available for waste disposal operations. 25.1 Compaction of Waste during Placement of Ballast If waste is used as ballast, the Landfill Manager and/or designee will be on-site full time during the placement of the first five (5) feet of waste over the liner system. He/she will verify that this lower five (5) feet of waste does not contain large bulky items that could damage the liner system or that cannot be compacted to the required density. The Landfill Manager and/or designee will document that the waste used for ballast has been compacted. City of Corpus Christi 60 July 2007 Cefe Valeuzuela Landfill - SOP Version 1 26.0 Landfill Cover As per the "Landfill Cover" requirements specified in 30 TAC § 330.165, the City of Corpus Christi is required to apply daily cover to control disease vectors, windblown waste, odors, fires, and scavenging, and to promote runoff from the fill area. 26.1 Soil Management A stockpile or borrow source for soil cover material will be maintained on-site. The cover material will not have been previously mixed with wastes. On-site soils are suitable for cover material as well as other soils deemed appropriate by the landfill manager. The cover material should be managed so as to not interfere with vehicular traffic or impede drainage. At least a portion of this cover material should be stockpiled near the workface for potential emergency fire control. Temporary excess soil will be stockpiled in the buffer areas, on filled areas and on side slopes for future use on the site or for removal from the site. All stockpiles will be maintained in conformance with the Erosion Control Plan. Stockpiles will be oriented generally parallel to the direction of surface drainage in any given area and will not alter drainage patterns nor block the use of the buffer areas by fire and emergency equipment. 26.2 Daily Cover Daily cover of waste will be applied at least once daily to control disease vectors, windblown waste, odors, fires, scavenging, and to prevent excessive accumulation of water within the fill. Soils and alternate daily covers that include tarps or foams, or a combination of the three, will be utilized to complete the daily cover at the site. The use of Saniform (or equivalent) or polyethylene tarps as an alternative daily cover was previously approved for the Cefe Landfill. Alternate daily cover material will not be used if the landfill will be closed more than 24 hours. Quarterly status reports will be submitted to the TCEQ for four consecutive quarters in the event that alternative daily cover is used. City of Corpus Christi 61 July 2007 Cefe Valenzuela Landfill - SOP Version 1 26.23 3-M Sanifoam (or equivalent) 3-M Sanifoam (or equivalent) cover will be used routinely as daily cover. 3-M Sanifoam is an air -injected, two component synthetic foam that can be sprayed onto the landfill solid waste surface to form an expanded protective foam blanket. The spray thickness will be between one (1) and two (2) inches. The applied foam "sets up" within 60 seconds to a durable solid state with consistency similar to crushable expanded polystyrene. The foam is non-toxic and non-combustible, and is biodegradable. The hardened foam is water insoluble which promotes rainfall runoff, exhibits extremely low gas permeability that prevents escape of vapors and odors, it seals the waste from flies and other. Rodents and vectors, and adheres to the waste preventing litter and dust from blowing. The foam is mechanically crushed and broken up during subsequent landfill operations for unimpeded movement of methane gas and leachate in the cell. Technical data sheets and MSDS are attached for further information in Appendix IV -A. The foam is sprayed on with a machine specially designed for this product. The machine ( Coverfoam Services, Inc., model PB -250-D, or equivalent) uses a spray bar system to apply an even coat of foam over the solid waste. The machine is pulled by a dozer or other tractor over the solid waste making several adjacent passes until the surface is completely covered. During periods of inclement weather (i.e., rain) where the foam may not set properly, foam operations will be suspended and the working face will be covered by the use of polyethylene tarps or soil. 26.2.2 Polyethylene Tarps Polyethylene tarp covers will also be used for daily cover. Typically these tarps will be used in small working faces (less than 200' x 200') and on slopes too steep for 3-M Sanifoam application. The tarps are fifty feet by fifty feet (50' x 50') in size and are made City of -Corpus Christi 62 July 2007 Cele Valenzuela Landfill - SOP Version 1 out of a fire retardant woven fabric which repels water. The tarps are an effective bather against vectors, odors, and windblown litter by effectively sealing in the waste. MSDS and physical properties for the tarp materials are attached in Appendix IV -A. These tarps will be installed by Iandfill personnel by hand at the end of the day. Tarp installation will be such that they overlap by a minimum of one foot in such a manner so that rainfall will run off with minimal or no infiltration. Tarps will be weighted down with automobile tires along the perimeter and the center to prevent the wind from blowing them off the working face. The following morning, the tarps will be pulled off the working face by landfill personnel either by hand or using a dozer before the start of the day's operations. 26.3 Soil A well -compacted six (6) inch soil cover will be used to cover solid waste when ADC materials are not used. The soil cover will be clean and not previously mixed with waste materials. When a period of greater than 24 hours is expected to lapse before solid waste disposal will resume at a specific working face or area, soil cover will be used in lieu of ADC. A period of greater than 24 hours may occur when the site closes on a weekend, when the working face is temporarily moved to a new area, or other reasons. 26.4 Intermediate Cover The top and sides of the landfill working face will be shaped to conform to landfill operations. Intermediate cover soil will then be transported to the working face or any area that has already received daily cover, where it will be deposited near the upper end of the working face, spread, and compacted. Intermediate cover will consist of soils that have not been previously mixed with wastes and will be capable of sustaining native plant growth. All areas that receive waste and then become inactive for longer than 180 days will be covered with an additional six (6) inches of compacted cover material, for a total cover op tpv" ra��8 631-0 aa4*— nsaoaseac,@-VidRNHHCss60f# ME01-1 1., W. QOMgo at .v v o8c�.,a., t)0 671656944/0 City of Corpus Christi Cefe Valenzuela Landfill - SOP August 200 Versiori thickness of at least 12 inches. When the area is to be reused, some of this cover material will then be removed from use as daily cover on new areas, if it can be removed cleanly. To minimize erosion and maintain adequate control of storm water, temporary let down structures may be used on intermediate cover. The intermediate cover will be seeded or sodded following its application, and vegetation and other erosion control features will be maintained on areas that have received intermediate cover. Grading of the intermediate cover will be undertaken in a manner to prevent ponding of water. This is discussed in Section 27.0. 26.5 Final Cover over Class 1 Waste Final cover construction and maintenance will be in compliance with Attachment 12 — Final Closure Plan — in the Site Development Plan, and with Chapter 330, Subchapter K. 26.6 Final Cover The Final Closure Plan allows for successive closure of areas of the site as they become filled to capacity. The final cover will be maintained in a manner consistent with Attachment 12 of Part III — Final Closure Plan and the requirements of Chapter 330 Subchapter K. Closure of individual areas will be in accordance with the "Sector Fill Plan". The City will implement the plan as ongoing landfilling operations to continue until the time of final closure. The surface will be managed throughout the active life of the site to minimize infiltration into the filled areas and to minimize contact with solid waste. In general, closure of completed portions of the site will consist of the following steps: 1. Survey controls will be implemented to control the filling of solid waste to the lower level of the final cover. 2. A surveyed grid system or other suitable surveying measures will be used to control placement of the final infiltration layer. 3. Testing of the various components of the final cover system will be performed in accordance with the TCEQ regulations. City of Corpus Christi 54 August 2007 Cefe Valenzuela Landfill - SOP Version 2 4. During the first growing season following application of final cover system, the area will be vegetated with appropriate grasses to minimize erosion. 26.7 Cover Application Log Throughout the active life of the landfill, a cover application log will be maintained and made readily available for inspection. For intermediate cover and daily cover, the log will specify the area covered, how it was placed and when it was completed. For final cover, the log will specify the amount of cover applied over each area (thickness) and when it was applied, The cover log will be located inside the landfill office unless otherwise directed by the Landfill Manager. City of Corpus Christi 65 August 2007 Cefe Valenzuela Landfill - SOP Version 2 27.0 Ponded Water As per the "Ponded Water" requirements of 30 TAC § 330.167, the City of Corpus Christi is required to prevent and control the ponding of water inside the landfill. Ponded water can be breeding grounds for vectors, and can be a source of harborage for vectors. Site grading and maintenance activities will be performed on an as needed basis to help minimize the ponding of water over waste areas. Should ponded water occur, it will be removed and depressions will be filled as soon as practicable but no later than seven (7) days after the occurrence. If the ponded water has come into contact with waste, leachate, or waste contaminated soils, the ponded water will be treated as leachate and managed in accordance with Part III of the Permit Application and Site Development Plan, Attachment 15 -Leachate and Contaminated Water Plan. The Permit Application and Site Development Plan can be found in the landfill's organized document library. 27.1 Ponded Water Prevention The City will manage the working face of the landfill in a manner that reduces the potential for water collecting and ponding. This will be accomplished by maintaining the working face at sufficient grades so as to promote water running off the exposed waste or daily cover. Water that may pond at the working face will be removed using landfill equipment. Water that comes in contact with waste will be treated as contaminated water and disposed of accordingly. Water that may pond in areas where it does not come in contact with waste will be treated as storm water. 27.2 Routine Inspections to Identify Potential Ponding Locations Following major storm events, the City will undertake an assessment of the site to identify areas of potential or actual ponding. In addition, the City conducts at least monthly reviews of the entire site to identify possible depressions as locations of possible future ponding. City crews will be directed to these locations to re -grade areas to reduce the potential for future ponding. City of Corpus Christi 66 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Directives to fill and re -grade potential ponding locations will be undertaken as soon as practical after they have been identified. Ponded water that occurs in the active portion of the landfill will be eliminated and the area in which the ponding occurred will be filled in and regarded within seven days of detection. During extremely wet conditions, or periods of extended storms, disposal activities will be limited to the wet weather area. Priorities for staff during these periods are to maintain access into and out of the site and provide disposal services as efficiently as possible. Within 7 days of extended wet weather conditions, the City will evaluate the site to identify areas where ponding has occurred and will take corrective actions to reduce ponding in areas of the working face and closed areas. 27.3 Record Keeping As a part of the overall site review, records will be maintained to identify areas where ponding has occurred. Documentation of work completed will also be placed in the site's file. City of Corpus Christi 67 July 2007 Cefe Valenzuela Landfill - SOP Version 1 28.0 Disposal of Special Wastes As per the "Disposal of Special Wastes" requirements specified in 30 TAC § 330.171, the City of Corpus Christi is required to handle special wastes in a manner consistent with TCEQ regulations. The definition of special waste can be found in 30 TAC § 330.3, which states that special wastes are wastes that because of their quantity, concentration, or physical, chemical, or biological properties require special handling and disposal to protect human health or the environment. The facility will handle special waste according to the following guidelines. 28.1 Protocol for Disposal of Special Waste If a generator wishes to dispose of a special waste at Cefe Valenzuela Landfill, the generator must submit to the Landfill Manager a completed City of Corpus Christi Generator's Waste Profile Sheet (GWPS) in order to provide a complete profile for the special waste. The City of Corpus Christi will determine if the special waste falls in the category of special wastes that do not require further disposal authorization from TCEQ, or if the waste falls in the category of special wastes that do require special disposal authorization from TCEQ. If the special waste falls in the category of special wastes that do not require special disposal authorization from TCEQ, then the special waste will be further evaluated using the criteria established for special wastes. If the special waste meets all the conditions mentioned previously, then the special waste will be considered "acceptable for disposal". If the special waste falls in the category of special wastes that do require special disposal authorization from TCEQ, then the generator or its designee will be responsible for obtaining special disposal authorization from TCEQ. City of Corpus Christi GS July 2007 Cefe Valenzuela Landfill - SOP Version 1 The Landfill Manager will reserve the right to accept or reject any special waste load, even if the special waste load is deemed acceptable, if at any point he feels that the facility could potentially receive a negative impact from the acceptance of the special waste load. 28.2 Special Wastes That Do Not Require Special Waste Disposal Authorization from TCEQ According to 30 TAC § 330.1.71(c) the following special wastes do not require written authorization for acceptance provided that the waste is handled in accordance with the noted provisions for each waste. a) Special Waste from Health Care Related Facilities Special wastes from health care related facilities which have been previously treated in accordance with the procedures specified in 30 TAC § 330 Subchapter Y (relating to Medical Waste Management) may be accepted. b) Dead Animals and/or Slaughterhouse Waste Dead animals and/or slaughterhouse waste may be accepted at without further approval from the TCEQ provided that the carcasses and/or slaughterhouse waste are covered by three feet of other solid waste or at least two feet of earthen material immediately upon receipt. c) Regulated Asbestos -Containing Materials (RACM) RACM may be accepted at the facility in accordance with TAC § 330.171(c)(3) and as authorized in the original permit. Prior to initial receipt of RACM at this facility, the Landfill Manager will dedicate a specific area(s) of the landfill for receipt of RACM and notify the TCEQ in writing of the designated area(s). The Landfill Manager will also prepare a contingency plan in case of ruptured bags and designate appropriate personnel for implementation of the contingency plan. As the operation continues, the Landfill Manager will notify the TCEQ in writing of any new dedicated areas for RACM, tl'f P5 61 Citof Corpus Christi 4oF.1 rea4 o�eoesewscu �xflacs City rp 69 MiC+�AE_ w. o ar August 2007 Cefe VaIenzuela Landfill - SOP oe000cQc.raeoosoaar w a, Versio 2 ail �9�,�p 67165 �4� S/0 AI..ttw Each load of RACM that arrives on-site will be documented. This documentation will include the volume of material, and the location and depth of its disposal. RACM disposal locations will be identified by survey (Registered Professional Land Surveyor) and identified on a current site drawing at the site. Delivery of RACM will be coordinated with the Landfill Manager so that the waste will arrive during times that it can be properly managed by site personnel. RACM will be accepted at the site only if it is contained in tightly closed containers or bags, or wrapped as necessary with 6 -mil thick polyethylene. RACM will be placed in landfill units such that it will not be exposed as a result of erosion or weathering. When possible this will be achieved by placing the RACM below the natural grade. At a minimum, the RACM will be placed at least 20 feet away from exterior final sideslopes, and at least 10 feet below final grade. During unloading and placement of RACM in the waste fill, care will be exercised to prevent breaking open the bags or containers. One foot of soil cover or 3 -feet of asbestos -free municipal solid waste will be placed over the RACM immediately after it is placed in the landfill unit. RACM that has been designated as Class 1 industrial solid waste, and that arrives at the facility will be disposed of in accordance with TAC § 330.173(g) -(i) or in accordance with this section of the Site Operating Plan. Upon closure of the facility, a notation indicating that the site accepted RACM will be placed in the deed record. This notation will indicate where the RACM was disposed of on the property by showing its location on a site diagram. A copy of this documentation will be provided to the TCEQ. d) Non-regulated Asbestos -Containing Materials (non-RACM) Non-regulated asbestos containing materials (non-RACM) may be accepted for disposal provided the wastes are placed on the active working face and covered in accordance City of Corpus Christi 70 July 2007 Cefe Valenzuela Landfill - SOP Version 1 with the requirements of 30 TAC § 330 (relating to Municipal Solid Wastes). Under no circumstances may any material containing non-RACM be placed on any surface or roadway which is subject to vehicular traffic or disposed of by any other means by which the material could be crumbled into a friable state. e) Empty Containers which have been used for Pesticides, Herbicides, Fungicides, or Rodenticides Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides must be disposed of in accordance with the provisions mentioned below. These containers may be disposed of provided that the following 3 conditions are met: ® The containers are triple -rinsed prior to receipt at the landfill cr The containers are rendered unusable prior to or upon receipt at the landfill; and ® The containers are covered by the end of the same working day they are received. Those containers for which triple -rinsing is not feasible or practical (e.g. paper bag, cardboard containers) may be disposed of under the provisions of 30 TAC §330.171(c)(5). f) Municipal Hazardous Waste from Conditionally Exempt Small Quantity Generators (CESQG) Municipal hazardous waste from a conditionally exempt small quantity generator (CESQG) may be accepted at a Type I municipal solid waste landfill without further approval from the executive director provided the amount of waste does not exceed 220 pounds (100 kilograms) per month per generator, and provided the landfill owner or operator authorizes acceptance of the waste. City of Corpus Christi 71 July 2007 Cele Valenzuela Landfill - SOP Version I g) Sludge, Grease Trap Waste, Grit Trap Waste, or Liquid Waste from Municipal Sources Sludge, grease trap waste, grit trap waste, or liquid wastes from municipal sources can be accepted at Type I municipal solid waste landfill for disposal only if the material has been, or is to be, treated or processed and the treated/processed material has been tested, in accordance with Test Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/chemical Methods" (EPA Publication Number SW -846), as amended, and is certified to contain no free liquids. Prior to treatment or processing of this waste at the landfill, the owner or operator shall summit written notification to the executive director of the liquids processing activity as required in 30 TAC § 330.11. 28.3 Special Wastes That Require Special Waste Disposal Authorization from TCEQ Special wastes that are not specifically identified in 30 TAC § 330.171(c) require prior written authorization by the TCEQ for disposal. If the special wastes are not specifically addressed in section 28.2 of this SOP then the generator of the special waste will be required to request written authorization from TCEQ prior to disposal. Additionally, the generator of the special waste will be required to complete the City of Corpus Christi Waste Profile Sheet prior to disposal. 28.4 Special Waste Prohibited for Disposal in any MSW Landfill The following special wastes will not be accepted for disposal at any MSW facility: • Used -oil filters from internal combustion engines. E Lead acid storage batteries City of Corpus Christi 72 July 2007 Cefe Valenzuela Landfill - SOP Version 1 „A's, OFrtp, fr.-Z-1'44;54,- stlff' A L W. 1V+1p ��►►ii44 -.;ryveawvuaaas+aamd4oHii�q P vp 6716540. Aik%k per the 'Disposal of Industrial Wastes” requirements of 30 TAC § 330.173, the City of Corpus Christi is required to address the types of Non -Hazardous Industrial Wastes that are acceptable for disposal at Cefe Valenzuela Landfill. Industrial Wastes are defined in 30 TAC § 330.3 as solid wastes resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations. 29.0 Disposal of Industrial Wastes 29.1 Protocol for Disposal of Industrial Waste If an industrial generator wishes to dispose of waste at Cefe Valenzuela, the industrial generator will first classify the waste and submit a completed Waste Profile Sheet to the City of Corpus Christi for evaluation. The City of Corpus Christi will determine if the classification performed by the industrial waste generator seeking disposal authorization is consistent with the waste classification criteria in §330.3 (Definitions) and Chapter 335, Subchapter R. Wastes should be classified by generator prior to delivery to the landfill. The City of Corpus Christi will determine if the waste is a Class 1, 2, or 3 Industrial Waste. The Cefe ValenzueIa Landfill is permitted to accept Class 1, 2, and 3 Non -Hazardous Industrial Wastes. Disposal of Class 1 Non -Hazardous Industrial Solid Wastes will be accomplished in accordance with the requirements of 30 TAC§ 330.173. The phrase "dedicated trench" as used in the regulations means the specific area in which Class 1 waste is placed for disposal. All shipments of Class 1 waste will be accompanied by a manifest (waste -shipping control ticket) as required by the commission. The Landfill Manager will sign the manifest for any authorized shipments of CIass 1 waste. The Landfill Manager will not accept or sign for shipments of Class I waste for which the authorization to accept has not been granted by the executive director .or has not been authorized by permit provisions. The landfill will retain the disposal facility copy of the manifest for a period City of Corpus Christi 73 August 2007 Cefe Valenzuela Landfill - SOP Version 2 of three years. This time period is automatically extended if any enforcement action involving the City or the landfill is initiated or pending by the executive director, When the landfill accepts any Class 1 waste, a written report of Class 1 waste received will be submitted to the executive director. This report will be submitted no later than the 25th day of the month following the month that the waste was received. Reports will be submitted on forms provided by the TCEQ and will include all the required information. Monthly reports regarding acceptance of Class 1 waste will be submitted, including those months in which no Class 1 waste is received at the landfill unless an exception is granted by the executive director. While Class 1 Non -Hazardous industrial Solid Waste will be placed only in dedicated areas, specific dedicated areas not identified at this time. All permitted disposal areas that are below the elevation of the surrounding natural grade may be dedicated to Class 1 waste disposal. However, specific areas to be dedicated to Class I waste disposal will be identified as the site is developed. When new dedicated areas for Class 1 waste are identified, site drawings will be modified as appropriate. Modified site drawings will be submitted to the TCEQ for review and approval. Areas dedicated to Class 1 waste disposal will be constructed in accordance with the requirements as discussed in Part III of the Permit Application and Site Development Plan, Attachment 10 Soil and Liner Quality Control Plan. The volume of Class 1 Non -Hazardous waste disposed at the site in any one year will not exceed 20 percent of the total amount of waste (not including Class 1 wastes) accepted during the same or previous year of operation. Wastes which are Class 1 Non -Hazardous Industrial Solid Wastes only because of asbestos content may be accepted at the facility in accordance with the requirements of 30 TAC § 330.171. City of Corpus Christi 74 July 2007 Cefe Valenzuela Landfill - SOP Version 1 Class 2 and 3 Non -Hazardous Industrial Solid Wastes, except special wastes as defined in §330.3, will be accepted for disposal at any point in time provided they can be managed with regular MSW in any available disposal area and will not interfere with facility operation. 29.2 Class 1 Non -Hazardous Industrial Wastes A Class 1 Non -Hazardous Industrial Waste is any industrial solid waste or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed as defined in 30 TAC §335.505 (relating to Class I Waste Determination). 29.3 Class 2 Non -Hazardous Industrial Wastes A Class 2 Non -Hazardous Industrial Waste is any individual solid waste or combination of industrial solid wastes that cannot be described as hazardous, Class 1, or Class 3 Non - Hazardous Industrial Wastes, as defined in 30 TAC § 335.506 (relating to Class 2 Waste Determination). 29.4 Class 3 Non -Hazardous Industrial Wastes A Class 3 Non -Hazardous Industrial Wastes is any inert and essentially insoluble industrial solid waste, including materials such as rock, brick, dirt, and certain plastics a. and rubber, etc., that are not readily decomposable as defined in 30 TAC § 335,507 / (relating to Class 3 Waste Determination). � . 0 �,,. .�. ,�" i lii uo-sci swssoi* ICAEL W. ODLE�N I J - 7 i...„46.74,......HlWrlw.►4.44.14 . 74. J Cc; 15,,,,06/71.1.6:t9 City of Corpus Christi 75 August 2007 Cefe Valenzuela Landfill - SOP Version 2 34.0 Visual Screening of Deposited Wastes The development of the disposal sectors or cells is performed in such a way as to minimize the visual appearance of waste disposal operations from beyond the property border. Disposal operations take place in different sectors or cells depending on the circumstances and weather conditions. All disposal operations are conducted in accordance with the following sections of this SOP to minimize the visual impact of waste disposal operations: ▪ Section 26 (relating to Landfill Cover) • Section 25 (relating to Compaction) ▪ Section 21 (relating to Salvaging and Scavenging) • Section 19 (relating to Disease Vector Control) • Section 13 (relating to Control of Windblown Solid Waste and Litter) • Section 10 (relating to Unloading of Waste) Unless otherwise indicated by the TCEQ, the City of Corpus Christi will continue performing operations as usual observing the sections mentioned above and implementing good housekeeping practices as necessary. Visual screening of waste disposal activities will be accomplished primarily by: O Vegetative screening on outer perimeter of the landfill area, and ® Vegetative screening along eastern side of the entrance road. Visual screening will be developed in general accordance with the Fill Sequence plans in Attachment 1 of the Site Development Plan. Vegetation will consist of appropriate trees, shrubs, and grasses recommended for the Corpus Christi area by the USDA or the Texas Forestry Service. City of Corpus Christi 76 July 2007 Cefe Valenzuela Landfill - SOP Version I 4iTh fie .,....4.-- 1 e teMICHAEL 6."°eer51 .006716§€9kliettiONALlo da 310 Operational Standards for Class I Waste Management Class I industrial solid waste will not be accepted and disposed of at this landfill unless compliance with §330.179 is achieved and maintained. 31.1 General Inspection Requirements In accordance with §335.585 and §330.179(a)(1), the City or its operator will inspect the landfill for compliance with the site operating plan and will develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards. The schedule will be maintained at the landfill office and will identify the types of problems (e.g., malfunctions or deterioration) that are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, or eroding dike). This schedule will be updated to reflect the types of Class I Industrial Waste to be accepted at the landfill. The frequency of inspection may vary for the items on the schedule. However, the frequency will be based on the rate of deterioration of the equipments and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, will be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies required in 40 Code of Federal Regulations §264.303 for hazardous waste landfills. The City or its operator will remedy any deterioration or malfunction of equipment or structures that the inspection reveals on a schedule that ensures that the problem does not lead to an environmental or human health hazard, Where a hazard is imminent or has already occurred, remedial action will be taken immediately. The City or its operator will record inspections in an inspection log or summary, and retain these records in accordance with the requirements of §335.113(d) (relating to Reporting of Emergency Situations by Emergency Coordinator). At a minimum, these City of Corpus Christi 77 August 2007 Cefe Valenzuela Landfill - SOP Version 2 records will include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. 31.2 Personnel Training In accordance with §335.586 and §330.179(a)(2), landfill personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of §335, Subchapter T. The City will ensure that this program includes all the elements described in the document required under subsection §335.586(d)(3). This program will be directed by a person trained in waste management procedures, and will include instruction that teaches landfill personnel waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed. At a minimum, the training program will be designed to ensure that landfill personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable: • procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; • communications or alarm systems; • response to fires or explosions; • response to ground -water contamination incidents; and o shutdown of operations. Landfill personnel must successfully complete the program required in §335.586(a) within six months after the date of their employment or assignment to the landfill. Employees will not work in unsupervised positions until they have completed the training requirements of §335.586(a). Landfill personnel must take part in an annual review of the initial training required to ensure that ongoing training needs are addressed and maintained. The owner or operator must maintain the following documents and records at the facility: City of Corpus Christi 78 July 2007 Cefe Valenzuela Landfill - SOP Version 1 • The job title for each position at the facility related to waste management, and the name of the employee filling each job; • A written job description for each position listed above. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position; a A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed above; and o Records that document that the training or job experience required has been given to, and completed by, landfill personnel. Training records on current landfill personnel will be kept until closure of the facility and training records on former employees will be kept for at least three years from the date the employee last worked at the facility. Landfill personnel training records may accompany personnel transferred within the same company. 31,3 Waste Analysis In accordance with §335.587 and §330.179(a)(3), the following waste analysis requirements apply to the landfill: o Before treating, storing, or disposing of any waste, the City will obtain a chemical and physical analysis of a representative sample of the waste. At a minimum, the analysis will contain all the information that must be known to treat, store, or dispose of the waste in accordance with §335, Subchapter T. o A waste generator's studies conducted on waste generated from processes similar to that which generated the waste to be managed at the facility may be included in the data base required. o The City may arrange for the generator of the waste to supply the information required by §335.587(a)(1). If the generator does not supply the information, and the City chooses to accept a waste, City will be City of Corpus Christi 79 July 2007 Cefe Valenzuela Landfill - SOP Version 1 responsible for obtaining the information required to comply with the regulations. o The analysis may include data developed under §335, Subchapter R (relating to Waste Classification), and existing published or documented data on a waste or on such waste generated from similar processes. • The analysis must be repeated as necessary to ensure that it is accurate and up-to- date. At a minimum, the analysis must be repeated: o when the owner or operator is notified, or has reason to believe, that the process or operation generating the waste has changed; and o when the results of the inspection required in §335.587(a)(4) of this subsection indicate that the waste received at the landfill does not match the waste designated on the accompanying manifest or shipping paper. a The City will inspect and, if necessary, analyze each waste received at the landfill to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper. The City will develop and follow a written waste analysis plan that describes the procedures which the City will carry out to comply with the regulations. This plan will be submitted to the TCEQ and will be kept at the landfill office. The plan will specify: o the parameters for which each waste will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties); • the test methods which will be used to test for these parameters; and • the sampling method that will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either one of the sampling methods described in Appendix I of Title 40 Code of Federal Regulations Part 261 or an equivalent sampling method approved by the executive director; d the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date; e the waste analyses that waste generators have agreed to supply; and City of Corpus Christi 80 July 2007 Cefe Valenzuela Landfill - SOP Version 1 O where applicable, the methods that will be used to meet any additional waste analysis requirements in §335.588 (relating to General Requirements for Ignitable, Reactive, or Incompatible Wastes). This plan will be developed when Class I wastes are proposed for disposal and will be updated as needed to meet the specific needs of the individual Class I wastes. 31.4 Ignitable, Reactive, or Incompatible Wastes In accordance with §335.588 and §330.179(a)(4), the City will take precautions to prevent accidental ignition or reaction of wastes that are ignitable or reactive as defined in §335.505 (relating to Class 1 Waste Determination). This waste will be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat -producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste. The landfill may dispose ignitable or reactive waste, or mix incompatible waste or incompatible wastes and other materials, therefore requiring the landfill to take precautions to prevent reactions which: o generate extreme heat or pressure, fire or explosions, or violent reactions; ® produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment; a produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions; o damage the structural integrity of the device or facility; or e through other like means threaten human health or the environment. City of Corpus Christi 81 July 2007 Cefe Valenzuela Landfill - SOP Version 1 When the above-mentioned conditions apply, the City will document compliance with §335.588(a) and (b). This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses as specified in §335.587 (relating to Waste Analysis), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. 313 Contingency Plan In accordance with §335.589 and §330.179(a)(5), the City will have a contingency plan for the landfill. The contingency plan is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non -sudden release of waste or constituents of such waste to air, soil, or surface water. The contingency plan will be submitted to the executive director with the permit application and, after modification or approval, will become a condition of any permit issued. The provisions of the plan will be carried out immediately whenever there is a fire, explosion, or release of waste or constituents of such waste that could threaten human health or the environment. The contingency plan describes the actions landfill personnel will take to comply with §335.589(a) and (f) in response to fires, explosions, or any unplanned sudden or non - sudden release of waste or constituents of such waste to air, soil, or surface water at the landfill. Also included are arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services. The City will maintain a list of names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator, and this list must be kept up-to-date and at the landfill. A list of all emergency equipment will be kept at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), where this equipment is required. This list must be kept up- to-date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities. City of Corpus Christi 82 July 2007 Cefe Valenzuela Landfill - SOP Version 1 The plan includes an evacuation plan for landfill personnel in the event that evacuation is necessary. This plan describes signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in case the primary route is blocked by releases of waste or fires. A copy of the contingency plan and all revisions to the plan must be maintained at the landfill and submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services. The contingency plan will be reviewed and updated, if necessary, whenever: ® the landfill permit is revised; ® the plan fails in an emergency; e the landfill changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of waste or constituents of such waste, or changes the response necessary in an emergency; or P the list of emergency equipment changes. At all times Class I waste is accepted for disposal, there must be at least one employee either on the landfill property or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator will be thoroughly familiar with all aspects of the landfill's contingency plan, all operations and activities at the landfill, the location of all records at the landfill, and the landfill layout. In addition, this person will have the authority to commit the resources needed to carry out the contingency plan. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) will immediately activate City of Corpus Christi $3 July 2007 Cefe Valenzuela Landfill - SOP Version 1 facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate state or local agencies with designated response roles if their help is needed. Whenever there is a release, fire, or explosion, the emergency coordinator will immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis. Concurrently, the emergency coordinator will assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment will consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any waste surface water run-off from water or chemical agents used to control fire and heat -induced explosions). If the emergency coordinator determines that the landfill has had a release, fire, or explosion that could threaten human health, or the environment, outside the landfill property boundary and if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator will immediately notify appropriate local authorities, and must be available to help appropriate officials decide whether local areas should be evacuated. The emergency coordinator will immediately notify either the government official designated as the on -scene coordinator for that geographical area, (in the applicable regional contingency plan under 40 CFR Part 1510) or the National Response Center (using their 24-hour toll free number 1-800-424-8802). The report will include: • name and telephone number of reporter; e name and address of facility; o time and type of incident (e.g., release, fire); o name and quantity of material(s) involved, to the extent known; ® the extent of injuries, if any; and City of Corpus Christi 84 July 2007 Cefe Valenzuela Landfill - SOP Version I • the possible hazards to human health, or the environment, outside the facility. During an emergency, the emergency coordinator will take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other waste at the landfill. These measures include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers. If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. Immediately after an emergency, the emergency coordinator will provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the landfill, The City will classify all recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility in accordance with §335, Subchapter R (relating to Waste Classification) and in accordance with all applicable requirements of §335, Subchapter A (relating to Industrial Solid Waste and Municipal Hazardous Waste in General). The City will notify the executive director, and other appropriate state and local authorities, that the landfill is in compliance before operations are resumed in the affected area(s) of the landfill. The emergency coordinator will ensure that, in the affected area(s) of the landfill: a no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and ® all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. City of Corpus Christi 85 July 2007 Cefe Valenzuela Landfill - SOP Version 1 The City will note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the City will submit a written report on the incident to the executive director. The report must include: • name, address, and telephone number of the City's representative; e name, address, and telephone number of the landfill; o date, time, and type of incident (e.g., fire, explosion); • name and quantity of materiaI(s) involved; • the extent of injuries, if any; ® an assessment of actual or potential hazards to human health or the environment, where this is applicable; and o estimated quantity and disposition of recovered material that resulted from the incident. 31.6 Operational and Design Standards In accordance with §335.590(25) and §330.179(a)(6), hazardous waste from a conditionally exempt small quantity generator as defined in §335.78(a) (relating to Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators), may be accepted for disposal at the Cefe landfill, provided the amount of hazardous waste accepted from each conditionally exempt small quantity generator does not exceed 220 pounds (100 kilograms) a calendar month, and provided the City is willing to accept the hazardous waste. In accordance with §330.179(b), nonhazardous industrial waste may be placed above natural grade provided that the conditions in §335.590(24)(F)(i)-(vi) of this title are met, except as provided in §335.590(24)(F)(vii). City of Corpus Christi sb July 2007 Cefe Valenzuela Landfill - SOP Version Appendix IV -A Alternate Daily Cover Manufacture's Information City of Corpus Christi Cefe Valenzuela Landfill - SOP July 2007 Version 1 01-46 3M General Offices 3596 3M Center St. Paul. Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET DIVISION: SPECIALTY CHEMICALS DIVISION TRADE NAME: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) 3M I.D. NUMBER: 98-0211-4818-8 98-0211-4858-4 98-0211-6550-5 ISSUED: JANUARY 12, 1994 SUPERSEDES: JULY 22, 1993 DOCUMENT: 10-4210-0 1. INGREDIENT C.A.S. NO. PERCENT WATER 7732-18-5 52.0 UREA -FORMALDEHYDE RESIN +(5641P) TradeSecret 39.0 ADDITIVE +-(5642P) TradeSecret 9-0 FREE FORMALDEHYDE 50-00-0 0.7 NOTE: New Jersey Trade Secret Registry (EIH) 04499600-+ THIS PRODUCT CT REQUIREMENTS OFHSECT/ON TAINS H313E 0OFgTITLE WING TIIICOFHTHE OSUPERFUND AMENDMENTSAL OR CHEMICALS AND TO ANDREAUTHORIZATION ACT OF 1986 AND 40 CFR PART 372: FREE FORMALDEHYDE 2. PHYSICAL DATA BOILING POINT - VAPOR PRESSURE - VAPOR DENSITY: EVAPORATION RATE- SOLUSILITY IN WATER: SP. GRAVITY - PERCENT VOLATILE: VOLATILE ORGANICS: VOC LESS H2O & EXEMPT SOLVENT pH- VISCOSITY- MELTING 11:VISCOSITY:MELTING POINT APPEARANCE AND ODOR: 100 C ca. 31 mmHg Calc. a R.T. ca. 0.68 Air = 1 Calc. D R.T. < 1.0 $u+111 Acetate 3:1 ca. 1.2 Water = 1 52 Z N/D N/D ca, 6.5 HID N/D White opaque viscous liquid. 1 3. FIRE AND EXPLOSION HAZARD DATA FLASH POINT- > 100.00 C Setaflash FLAMMABLE LIMITS - LEL: N/A FLAMMABLE LIMITS UEL: N/A AUTOIGNITION TEMPERATURE: . N/D EXTINGUISHING MEDIA: Water, Foam SPECIAL FIRE FIGHTING PROCEDURES: Wear full protective clothing, including helmet, self-contained, positive pressure or pressure demand breathing apparatus, bunker and pants, bands around arms, waist and legs, face mask, and protective covering for exposed areas of the head. UNUSUAL FIRE AND EXPLOSION HAZARDS: See Hazardous Decomposition section for products of combustion. coat Abbreviations: N/D - Not Determined N/A - Hot Applicable 01-46 3M General Offices 3597 3M Center St. Paul, Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) JANUARY 1Z, 1994 PAGE: 2 of 4 4. REACTIVITY DATA STABILITY: Stable INCOMPATIBILITY - MATERIALS TO AVOID: Solidifies upon addition of acids. HAZARDOUS POLYMERIZATION: Will Not Occur HAZARDOUS DECOMPOSITION PRODUCTS: Oxides of Nitrogen Amine Compounds 5. ENVIRONMENTAL INFORIMATI0N SPILL RESPONSE: Refer to other sections of this MSDS for information regarding physical and health hazards, respiratory protection, ventilation, and personal protective equipment. Call (612) 733-1110 or (612) 733-6100 for 24-hour spill assistance. Dilute in a large excess of water. Carefully, and with stirring, add appropriate dilute acid such as sulfamic acid or vinegar. Confirm neutrality. Collect spilled material. RECOMMENDED DISPOSAL: Flush spent solutions and small quantities (less than 5 gal.(19 L)) to a wastewater treatment system. Dispose of waste product in a sanitary landfill. Dispose of completely cured (or polymerized) material in a sanitary landfill. Discharge the resin/water mixture to a wastewater treatment system, or landfill the precipitate. ENVIRONMENTAL DATA: Prior to sanitary landfill disposal, solidify by stirring 1 gallon vinegar per 50 gallons of paste or liquid product. For spills and small quantities, dilute with water -- use greater than 3 times the spill volume. This will precipitate the resin into small flakes. Discharge the resin/water mixture to a wastewater treatment system, landfill the precipitate. or SARA HAZARD CLASS: FIRE HAZARD: No PRESSURE: No REACTIVITY: No ACUTE: Yes CHRONIC: Yes 6. SUGGESTED FIRST AID EYE CONTACT: Immediately flush eyes with large amounts of water. Get immediate medical attention. SKIN CONTACT: IMMEDIATELY wash affected area with soap and water, INHALATION: If signs/symptoms occur, remove person to fresh air. If signs/symptoms continue, call a physician. IF SWALLOWED: Drink two glasses of water. Call a physician. 11 /[l f1. 1 n - L - __ : - _ J 1e . • 01-46 3M General Offices 3598 3M Center St. Paul. Minnesota 551444000 612/733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) JANUARY 12, 1994 PAGE: 3 of 4 7. PRECAUTIONARY INFORMATION EYE PROTECTION: Avoid eye contact. Wear vented goggles. Wear safety glasses with side shields. SKIN PROTECTION: Avoid skin contact. Wear appropriate gloves when handling this material.. VENTILATION PROTECTION: Use with appropriate local exhaust ventilation. Provide sufficient ventilation to maintain emissions below recommended exposure limits. If exhaust ventilation is not adequate, use appropriate respiratory protection. RESPIRATORY PROTECTION: Select one of the following NIOSH approved respirators based on airborne concentration of contaminants and in accordance with OSHA regulations: full -face supplied air respirator. PREVENTION OF ACCIDENTAL INGESTION: Not determined. RECOMMENDED STORAGE: Keep container closed when not in use_ FIRE AND EXPLOSION AVOIDANCE: Keep container tightly closed. EXPOSURE LIMITS INGREDIENTS VALUE UNIT TYPE AUTH SKIN* WATER NONE NONE NONE NONE UREA -FORMALDEHYDE RESIN +(5641P) NONE NONE NONE NONE ADDITIVE +(5642P) NONE NONE NONE NONE FREE FORMALDEHYDE 0.3 ppm CEIL ACGIH FREE FORMALDEHYDE 1 ppm TWA OSHA OSHA STANDARD 1910.1048 FREE FORMALDEHYDE 2 Ppm STEL OSHA OSHA STANDARD 1910.1048 FREE FORMALDEHYDE 0.5 ppm TWA OSHA OSHA ACTION LEVEL x SKIN NOTATION: Listed substances indicated with "Y" under SKIN refer to the potential contribution to the overall exposure by the cutaneous route including mucous membrane and eye, either by airborne or, more particularly, by direct contact with the substance. Vehicles can alter skin absorption. SOURCE OF EXPOSURE LIMIT DATA: - ACGIH: American Conference of Governmental Industrial Hygienists - OSHA: Occupational Safety and Health Administration - NONE: None Established Abbreviations: H/D - Not Determined N/A - Not Applicable 01-46 3M General Offices 3594 3M Center SI Paul, Minnesota 55144.5000 6121733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4200 SANIFOAM Synthetic Daily Cover (Resin) JANUARY 12, 19914 PAGE: 4 of 4 8. HEALTH HAZARD DATA EYE CONTACT: Single exposure may cause: Mild Eye Irritation: signs/symptoms can include redness, swelling, pain, and tearing. SKIN CONTACT: Allergic Skin Reaction: signs/symptoms can include redness, swelling, blistering, and itching. Mild Skin Irritation: signs/symptoms can include redness, swelling, and itching. INHALATION: Irritation (upper respiratory): signs/symptoms can include soreness of the nose and throat, coughing and sneezing. IF SWALLOWED: Ingestion is not a likely route of exposure to this product, Ingestion may cause: Irritation of Gastrointestinal Tissues: signs/symptoms can include pain, vomiting, abdominal tenderness, nausea, blood in vomitus, and blood in feces. CANCER: FORMALDEHYDE (50 -00 -fl) is a potential cancer hazard causing nasal cavity cancer by the inhalation route of exposure in laboratory animal studies {NTP anticipated human carcinogen, ACGIH suspected human carcinogen A2, IARC probable human carcinogen 2A, OSHA listed carcinogen, Calif. Proposition 65). REPRODUCTIVE/DEVELOPMENTAL TOXINS: FORMALDEHYDE (50-00-0) Female Reproductive System Effects: symptoms can include abnormal menstral cycle and inability to become pregnant. OTHER HEALTH HAZARD INFORMATION: A 3M Product Toxicity Summary Sheet is available. SECTION CHANGE DATES HEADING SECTION CHANGED SINCE JULY 22, 1993 ISSUE HEALTH HAZD. DATA SECTION CHANGED SINCE JULY 22, 1993 ISSUE Abbreviations: N/D - Not Determined N/A - Not Applicable the information on this Data Sheet represents our current data and best opinion as to the proper use in handling of this material under normal conditions. Any use of the material which is not in conformance with this Data Sheet or which involves using the material in combination with any n+hnr ma}prial n.- ani♦ n+h. r r n, tc o 44,n ..t 4 01-46 3M General Offices 3600 3M Center Si. Paul, Minnesota 55144-1000 612/733-1110 MATERIAL SAFETY DATA SHEET DIVISION: INDUSTRIAL CHEMICAL PRODUCTS DIVISION TRADE NAME: FC -4201 SANIFOAM Synthetic Daily Cover (Foamer) 3M I.D. NUMBER: 98-0211-4823-8 98-0211-4824-6 ISSUED: MARCH 11, 1992 SUPERSEDES: MARCH 3, 1992 DOCUMENT: 10-4220-9 1. INGREDIENT C.A.S. NO, PERCENT WATER 7732-18-5 57.0 58.0 SURFACTANT +(5012P) TradeSecret 28.0 - 29.0 PHOSPHORIC ACID 7664-38-2 13.0 14.0 NOTE: New Jersey Trade Secret Registry (EIN) 800971-4- THIS 00971-+THIS PRODUCT CONTAINS THE FOLLOWING TOXIC CHEMICAL OR CHEMICALS SUBJECT TO THE REPORTING REQUIREMENTS OF SECTION 313 OF TITLE III OF THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 AND 40 CFR PART 372: PHOSPHORIC ACID 2. PHYSICAL DATA BOILING POINT• 100.00 C VAPOR PRESSURE- ca. 31.0000 mmHg Calc. a R.T. VAPOR DENSITY: ca. 0.68 Air = 1 Calc. a R.T. EVAPORATION RATE• < 1.00 Butyl Acetate = 1 SOLUBILITY IN WATER: complete SP. GRAVITY- ca. 1.200 Water = 1 PERCENT VOLATILE: 54.00 X VOLATILE ORGANICS: N/D VOC LESS H2O & EXEMPT SOLVENT N/D p1I: < 2 00 VISCOSITY: N/D MELTING POINT N/D APPEARANCE AND ODOR: Clear brown liquid. 3. FIRE AND EXPLOSION HAZARD DATA FLASH POINT- > 100.00 C FLAMMABLE LIMITS - LEL: N/A FLAMMABLE LIMITS - UEL: N/A AUTOIGNITION TEMPERATURE: .. N/D EXTINGUISHING MEDIA: Water, Foam SPECIAL FIRE FIGHTING PROCEDURES: Full-faced mask self-contained breathing apparatus which provides eye protection should be worn. UNUSUAL FIRE AND EXPLOSION HAZARDS: Will cause acid burns on tissue, eyes, fabrics. NFPA-HAZARD-CODES: HEALTH 2 FIRE 1 REACTIVITY 0 UNUSUAL REACTION HAZARD: none Abbreviations: N/D - Not Determined N/A - Not Applicable 3M General Offices 3M Center St. Paul, Minnesota 55144-1000 612,733-1110 MATERIAL SAFETY DATA SHEET 01-46 3601 MSDS: FC -4201 SANIFOAM Synthetic Daily Cover (Foamer) MARCH 11, 1992 PAGE: 2 of 4 4. REACTIVITY DATA - STABILITY: Stable INCOMPATIBILITY - MATERIALS TO AVOID: Not applicable HAZARDOUS POLYMERIZATION: Will Not Occur HAZARDOUS DECOMPOSITION PRODUCTS: Sulfur, Phosphorous Compounds 5. ENVIRONMENTAL INFORMATION SPILL RESPONSE: Observe precautions from other sections, Cover with a slurry of soda ash and slaked lime. Collect spilled material. Clean up residue with a soda ash solution. Place in a polyethylene -lined metal container, and seal. RECOMMENDED DISPOSAL: Carefully, with stirring and cooling, add waste product to a solution of soda ash and slaked lime. Confirm neutrality. Discharge spent solutions to a wastewater treatment system. Reduce discharge rate if foaming occurs. Since regulations vary, consult applicable regulations or authorities before disposal. U.S. EPA Hazardous Waste No.: D002 (Corrosive) ENVIRONMENTAL DATA: Testing in progress. SARA HAZARD CLASS: FIRE HAZARD: No PRESSURE: No REACTIVITY: No ACUTE: Yes CHRONIC: Yes 6. SUGGESTED FIRST AID EYE CONTACT: Immediately flush with plenty of water. Continue for 15 minutes. Call a physician. SKIN CONTACT: IMMEDIATELY wash affected area with soap and water, In case of allergic reaction, consult a physician. INHALATION: If symptoms occur, remove person to fresh air. If symptoms continue, call a physician. IF SWALLOWED: DO NOT INDUCE VOMITING. Give copious amounts of water. IMMEDIATELY call a physician or Poison Control Center. 7. PRECAUTIONARY INFORMATION EYE PROTECTION: Safety Goggles 01-46 3M General Offices 3602 3M Center St. Paul, Minnesota 55144-1000 612/733.1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4201 SANIFOAM Synthetic Daily Cover (Foamer) MARCH 11, 1992 PAGE: 3 of 4 7. PRECAUTIONARY INFORMATION (continued) SKIN PROTECTION: Rubber gloves, protective clothing. VENTILATION PROTECTION: Local exhaust ventilation is recommended for transfer and mixing. RESPIRATORY PROTECTION: NIOSH approved respirator with organic vapor cartridge and particulate filter. PREVENTION OF ACCIDENTAL INGESTION: Not determined. RECOMMENDED STORAGE: Not determined. FIRE AND EXPLOSION AVOIDANCE: Not determined. OTHER PRECAUTIONARY INFORMATION: Use only in well ventilated areas. Do not breathe vapors, wear respiratory protection when ventilation is not available for fransfering and mixing. Do not get in eyes, on skin or clothing; wear personal protection. Keep container closed when not in use. +++Testing reported is for a version that contained 6% hydroquinone (CAS 123-31-9). We do not expect this change to affect the reported results. EXPOSURE LIMITS INGREDIENTS VALUE UNIT TYPE RUTH SKIN= WATER NONE NONE NONE NONE SURFACTANT +(5012P) NONE NONE NONE NONE PHOSPHORIC ACID 1 mg/m3 TWA ACGIH PHOSPHORIC ACID 3 mg/m3 STEL ACGIH PHOSPHORIC ACID 1 mg/m3 TWA OSHA PHOSPHORIC ACID 3 mg/m3 STEL OSHA m SKIN NOTATION: Listed substances indicated with "Y'* under SKIN refer to the potential contribution to the overall exposure by the cutaneous route including mucous membrane and eye, either by airborne or, more particularly, by direct contact with the substance. Vehicles can alter skin absorption. SOURCE OF EXPOSURE LIMIT DATA: ACGIH: American Conference of Governmental Industrial Hygienists - OSHA: Occupational Safety and Health Administration - NONE: None Established Abbreviations: NiD - Not Determined N/A - Not Applicable 01-46 3M General Offices 3603 3M Center St. Paul, Minnesota 55144-100D 612/733-1110 MATERIAL SAFETY DATA SHEET MSDS: FC -4201 SAHIFOAM Synthetic Daily Cover (Foamer) MARCH 11, 1992 PAGE: 4 of 4 8. HEALTH HAZARD DATA EYE CONTACT: +++May cause slight irritation of the eyes on direct contact. SKIN CONTACT: +++May cause slight irritation of the skin on prolonged contact. INHALATION: +++No test data available. Phosphoric acid mist and vapor may cause severe respiratory system irritation. IF SWALLOWED: +++Considered practically non-toxic orally; the acute oral LD50 in the rat is greater than 5 grams per kilogram of body weight. Not an expected route of exposure. SECTION CHANGE DATES INGREDIENTS SECTION CHANGED SINCE MARCH 3, 1992 ISSUE FRECAUT. INFO. SECTION CHANGED SINCE MARCH 3, 1992 ISSUE Abbreviations: IUD - Not Determined N/A - Not Applicable The information an this Data Sheet represents our"current data and best opinion as to the proper use in handling of this material under normal conditions. Any use of the material which is not in conformance with this Data Sheet or which involves using the material in combination with any SaniFoamTM Technical Information Synthetic Daily Cover Operational Properties ® Soil Cover Equivalence - A 1s layer of SaniFoam Synthetic Daily Cover provides daily cover performance equivalent to 6" of compacted soil (Report, Georgia Institute of Technology, dated 9/4/81). s Coverage Rate - Approximately 12,000 square feet of daily cover can be applied in 30 minutes using hand-held equipment (400 sq, ftfmin.); the P8.83 Automatic Spray Rig can cover the same area in less than 15 minutes (800 sq. ft./min.). • Rodent Control - Creates an environment hostile to rodents; discourages burrowing. • Vector Control - Contributes no nutrients; seals waste from the air; seals in waste -borne flies. o Dust Control -- Contributes no airborne dust; aids in dust control in situations where water cannot be used, a Litter Control - Provides rapid, temporary means of controlling blowing litter on workface. o Odor Control -- Temporarily seals in odor -causing gases; provides means for rapid and continuous coverage of wastes during the day in situations where odors are an immediate and continuous problem. • Fire Performance -- Non-flammable and self -extinguishing. - Fuel content: 0 (ASTM E84) - Fire containment: Adds no fuel; seals fire from air. - Ignition temperature: Greater than 1,200°F - Smoke density: Less than that of red oak (ASTM E84) - Relative inhalation toxicity: less than that of plywood (Federal Hazardous Substance Act 191 (f] [21). - Gaseous byproducts of high temperature exposure (1,300°F): HON, NH* and GO, all within OSHA standards for the workplace. a Compressibility - Compresses to less than /,o its initial volume during next day's landfill operations. Landfill Compatibility Properties ▪ Application Climate - Temperature - Can be applied at any ambient temperature, solutions and material delivery lines must be protected against freezing, - Wind -- Can be applied in moderate winds up to 35 mph (With handheld equipment only). - Rain -- Can be applied during light to moderate rainfall. Once applied and set up, can withstand moderate to heavy rain, depending on thickness and method of application. • Filling Method - Compatible with area, trench or ramp landfill designs. • Landfill Capacity - Extends site capacity for waste material up to 15-20%. • Contouring -- Once compacted by next day's refuse, occupies no space, and therefore has no influence on final landfill contours. ® Runoff Control -- Foam "skin" supports surface water runoff; can be shaped to channel runoff; attains maximum water resistance 2 hours after application. ® Erosion Control - Provides for temporary daily surface contouring to prevent erosion; will hold when applied on steep faces_ -$anEoarn" k a registered Iraltrnask of 3M 49-0211-4643-6(59 owti XY A 341 f989 tzuol 5r99 4/16 In USA- }f SaniFoani Synthetic Daily Cover Technical Information Available Tests, Reports, Site Evaluations and Laboratory Analyses Performed on SaniFoam" Synthetic Daily Cover by Independent Laboratories, Agencies, Universities and Consulting Firms 1. Environmental Impact on the Use of Plastic Foam as a Daily and Interim Landfill Cover, Professor Graham, Allen, University of Washington, August 11, 1981. 2. SaniBlanket'° Operational Test, Dr. Sidney I. Arstman and Dr. Frederick G. Pohland, Georgia Institute of Technology Engineering Experiment Station, August 18, 1981. 3. Control of Emissions During Excavation of Hazardous Waste Sites, (Evaluates and recommends SaniFoam as the "most viable and economically attractive" method for "controlling odor and toxic gas emissions during excavation of hazardous wastes."), South Coast Air Quality Management District, November 5, 1981: 4. Leachate Generation Tests (Tests showing near normal pH and no free formaldehyde in SaniBlanker, concluding that SaniBlanker' is biodegradeable over long periods of tinge.), American Standards Testing Bureau, April 15, 1982. 5. Evaluation of the Potential for Senatanket'° to Emit Formaldehyde and Ammonia (Results al a six-week field test to determine worker exposure, if any, to formaldehyde and ammonia as a result of working with SaniBlanker), BCL Associates, October, 1982. 6. Thirteen EPA Metal Analysis (A test to demonstrate the absence of heavy metals in SaniBlanker • an important factor in groun.water protection). BCL Associates, December 15, 1982. 7. Letter confirming findings that SaniBlanket" will not adversely affect employees working with Sani8fanket", Cat/OSHA, January 14, 1983. 8. Report on Headspace Analysis for Foam (Sani8lanket") as per EPA method.5020 (A test showing formaldehyde levels below OSHA requirements for worker exposure), BCL Associates, August 8, 1983. 9. Bioassay Analysis, conducted according to the California Assessment Manual for Evaluation of Toxic Materials (EPA Toxicity Test) (demonstrates that SaniBlanket"' will not toxify groundwater). Jacobs Environmental, October 12, 1983. 10. Letter confirming findings that SaniBtanket" is not classified as a hazardous waste, California Department of Health Services (DOHS), November 4, 1983. 11. The Use of Plastic Foam as a Cover Material During Lanrifiltinq of Solid Wastes (A report on an 18 -month pilot plant study to determine the long-term effects of SaniBlanket" on Leachate and to demonstrate its safety in the landfill environment), Georgia Institute of Technology, December 27, 1983. 12. Analysis of the Environmental Impact of Using SaniBlanket= Foam as a Daily Cover Material for the Workface of Non -Hazardous Landfills in California, BCL.. Associates, 1983. 13. Evaluation of the Permeability of SaniBlanker (Study report showing that the permeability of SaniBlanket" is equal to, or less than, sandy soils In rain_), BCL Associates, January, 1984. 14. Permeability Test Results on SaniFoam Materials, (Study report showing that the coefficient of permeability for SanlBlanket°' is better than that of sandy soils.), Woodward -Clyde Consultants, April 17, 1985. 15. Use of Synthetic Material for Landfill Daily Cover, (Evaluation of a six month test program to evaluate SaniBlanket"' foam at the Outagamie County, Wisconsin landfill.) Paper presented at the Ninth Annual Madison Waste Conference, Univ. of Wisconsin - Madison, Dept. of Engineering Professional Development. September 9, 1986. 16. Summary of Sanifoamv" SDC (Evaluation at Bradley West Landfill in Sun Valley), California, October 22, 1982. 17. Operational test Report of Use of SaniFoam" SDC (California Landfill - California Waste Mgrnt. Board), October, 1982. 18. Summary of SaniFoam" SDC (Evaluation at Lantana Landfill in Palm Beach, Florida), August, 1983. 19. Summary of SaniFoam'" SDC (Evaluation at G.R.O.W.S., Inc., Bucks Co., PA) October/November, 1989. 20. Summary of SaniFoam`" SDC (Evaluation at Cape May County Landfill, Woodbine, NJ) May, 1991. '$ roan" int ,e9c4ece4 tra6am t 50-0211-6206-401.11111 %Y O YA 199E Isn»2 as aro HU.SA. w — 2 .— Pertinent Findings from Tests of SaniFoafnm` Synthetic Daily Cover Document # Page if Reference To Summary of Facts Stated 1 1 Water runoff • Rain tends to run off without penetrating into foam • Rain which penetrates foam is absorbed and held 2 Heavy rain • If water extractable portion of foam escaped during heavy, penetrating and prolortged rain, result would be same as for lawn fertikzers. Leachate 6 Any seepage from foam presents no environmental hazard. 3 Safety • "1t can be concluded with confidence that the use of plastic aminoplast foam as a daily and interim landfill cover will pose no significant environmental hazard.' 2 I Equiv_ to dirt • Foam performed as specified for operational, landfill compatibility and physical properties of daily and intermediate cover. 2 Rainfall • No difficulty maintaining adequate foam properties in light rainfall. Moderate Wind • No effect on the covering operation Dust • Foam contributed no dust, in contrast to dust blowing from soil elsewhere on fill. Equiv 10 dirt. • Foam maintained physical integrity overnight and over weekend • No cracks or fissures observed at any lime Insects, flies and rodents • Foam acted as a deterrent to flies, birds and vermin that were observed on the landfill, but not on the foam Rain • Operator wanted foam in wet weather to avoid problems he has with soil_ 3 1 Equiv. to dirt • For hazardous waste excavation, a 2" foam cover was an equivalent substitute far a six-inch soil cover. 14 Equiv, to dirt • Environmehial impact statements...point out the feasibility of the material es an effective cover. Cost savings • The use of plastic foam has decidedly a marked advantage over top soil for covering trucks_ Odor control • Plastic foam presents strong possibilities as an economical and efficient substitute for. clean soil. Cost savings • The first cost (for compressor and pumps) may be considered minimal relative to the benefits and advantages that may be derived from We use of this material. 4 2 Leachate • This material is biodegradeable. 5 7 Safety • SaniBlanket does not cont ibute detectable level of ammonia to the atmosphere. 6 1 Safety • All 13 EPA heavy metals are well below threshold limit conc. 7 f Safety • Formaldehyde levels are below 2 ppm limit • Ammonia levels are below 1 ppm; limit is 25 ppm., • Employees applying, using or in the vicinity of the operation would not be adversely affected. 8 1 Safety • No formaldehyde detected after 24 hours_ • The loam can be ciass;red as non -hazardous when used as daily cover for the face of Class II disposal sites_ 10 1 Safety • Sanif3tartket foam is not rissttied as a hazardous waste, based on aquatic bioassays in which it is not toxic to fish 11 1 Equiv. to dirt • Foam and its constituents had minimal impact on the landfill stabilization process. v • SaniFoam_..may be used as an alternative to daily landfill cover without posing adverse environmental impacts... 12 1 Odors • Prevents odors from being released from the workface Dust and litter • Prevents dust or litter from being blown oil the workface Insects and rodents • Prevents access to the refuse by insects and rodents. Birds • Discourages, to some extent, birds from scavenging refuse tram the workface. Runoff • Promotes efficient water runoff from the workface. Temperature • Provides controls even durino temperature ertrpmpc Document !F 13 -- 3 --- Page # Reference To Summary of Facts Stated Economic Advantage • Increases landfill capacity be reducing the volume of space taken up by cover soil. 2 Cost savings • Foam cheaper than dirt - example. • Additional space made available by use of foam would generate $32,000 in oars revenues at $6.70fcu_ yd_ tipping fee. Safety • Conc. of ammonia and formaldehyde emitted to air are so low as to be considered insignificant in terms of both on-site worker safety and off-site air quality impacts. 3 Safety • The foairt lei rut. tc,cic, based on five different tests. • The foam is non-flammable and self extinguishing. • The foam is non -corrosive. • Contains no irritating, reactive or pressure generating compounds. 4 Leachate • Long-term tests indicate that SaniBlanket would not introduce significant levels of contaminants to landfill leachate_ • Conclusive statement: "Na significant environmental impacts would occur from using SantBlanket as a daily cover for the workiace of non -hazardous waste landfills." • The measured coefficients of permeability for SantBlanket are equivalent to values one would expect for very fine sands, silts and the like. Safety 2 Equiv_ to soil (water runoff) Water runoff • A properly applied layer will provide control of surface water infiltration equivalent to silty soil. Equiv to soil • Sani8lanket has superior permeability characteristics to many of the sandy soils currenly used as cover material. SaniBlanket s tow pemeability features will last for at least 48 hours. 14 2 Water runoff • Coefficient of permeability of 4.0 to 4.4 x 10(e-5) (Approx, equal to sandy soil) 16 1 Cost savings • Saved 250 TPD cover dirt, • Saved $1,250/day revenue ($5/ton lip fee x 250 T) • Saved scraper time at $601hr. Equiv to dirt • Found Sanifoaml an effective product to cover the open face. A Should not be applied to top of lift or left on for long periods. (Suggests overnight use for up to 12 hours only.) Odor and vectors • Does control odor and vectors. 17 3 Odor • Prevents the escape of waste odor Litter • Prevents lifter from blowing off the waste cell. Insects • Prevents the emergence of flies. Vectors, birds and animals • Prevents attraction of vectors, birds and animals, Water runoff • Prevents excess infiltration of rainwater to waste_ Dust • Controls dust particles from escaping. Cost savings • Will increase site capacity by the approximate volume normally occupied by soil cover material. Equiv. to dirt • IT IS THE OPINION OF THE CWMB STAFF THAT USING SANIBLANKET FOR A NONHAZARDOUS LANDFILL SITE AS A DAILY COVER CAN MEET THE REQUIRED LEVEL OF PERFORMANCE OBJECTIVES AS SET FORTH IN TITLE 14, CAC SECTIONS 17225.16, 17682, AND 17683_ 4 Use should be limited to active faces w/slopes of 5% or more for a period of 24 hours or less. • Foam shall not be used on rainy days. 6 Standards • SaniBlanket evaluated under current regulatory standards torn - California Waste Management Board - CAL/OSHA - South Coast Air Quality Mgmt District - State Department of Health Services - California Regional Water Quality Control Board 18 High winds • High velocity winds may affect the learning Rain • Using SaniBlanket during light to moderate rain is being done in other states, but Calif_ currently restricts use to non -rainy days. Runoff • Foam can absorb 60% of its volume in water I eachatn • Initial leaching effects are minimal and short-lived. Document If 18 ,4W Page # Reference To Summary of Facts Stated ii Cost savings • SaniBlanket daffy cover costs 8.42¢Isq_ ft. compared to oft -site sand at 8.87alsq. f1. Overall savings • Sani8lanket recommended for daily cover because of landfill volume savings potential and limited on-site material resources. v Overall advantage of • Occupies less landfill volume using foam • Reduces Infiltration of surface runoff • Improves vector control 6 Conserves supplies of on-site sand cover vii Reasons to recommended use • Conservation of landfill volume • Limited on-site cover • No evidence of environmental damage • Ability to conserve expensive off-site cover material 2-6 Equiv. to dirt • Y thick application of SaniBlanket will function as welt as, or better than. 6" of sand as a coyer material. 2-7 Equiv. to dirt • Not viable for intermediate or final cover. • Cracks develop approximately 72 hours alter application. • Can extend useful life of landfill since volume otherwise occupied by sand can be occupied by solid waste. Temperatures • Few incidents of equipment clogging even al temps up to 90°F Winds • Moderate winds less than 15 mph will not affect foam ptacemenL Rain • Recommend that SaniBlanket not be exposed to rain within 15 minutes alter application. 2.8 Rain • Rain after application pitted surface, but did not reduce integrity of loam cover. Runoff • Less penetration of precipitation into landfill than with conventional cover. insects • Relatively iiitpervious skin of foam makes penetration difficult for insects, Vermin• Tests at the College of Physicians and Surgeons of Columbia Univ show that a rat will not burrow through foam top to get at food encased In it. Flies, birds, vectors • Hies, birds and vectors present when sand cover was used, avoided the same area when covered with SaniBfankel. • No degradation of foam layers from animals or birds walking on it or attempting to burrow beneath for food. 2.11 Birds • Birds at the landfill would not land on the surface immediately after it was covered with foam. Flies • fries avoided the foamed surface, but swarmed nearby on the sand -covered solid waste. Rain • Foam surface dry to touch in morning after overnight rain; surface pitted from rain. Odor (after rain) • No odor from waste beneath the foam even after rain fell on foam_ Litter (after rain) • Foam held to slope after rain and prohibited blowing waste. Vectors (after rain) • No flies, birds or vectors on foam, but tracks where birds had landed. 19• Contact 3M for deta5 20 • Contact 3M for details. For further information, calf 612/736 4 236. important Notice to Purchaser. Alt statements, technical information and recoaimendaliats herein are based on tests we believe to be reliable, but the accuracy or completeness thereof is not guaranteed. and the fa lowing is made In lieu of all warranties, expressed or implied, including the Implied warranties of merchantability and fitness for purpose:Seller's and manufacturer's only obligation shall be to replace such quantity of the product proved to be defective, Before using, user shall determine the suitability of the product for its intended use, and user assumes all risk and liability whatsoever in connection therewith. NEITHER SELLER NOR MMiIJFAGi13RER SHALL BE LIABLE EITHER IN TORT OR IN CONTRACT FOR ANY LOSS OR DAMAGE, DIRECT. INCIDENTAL, OR CONSEQUENTIAL. ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PRODUCT. No statement or recommendation not contained herein shalt have any Faroe or effect unless in E COCC.SDP POLYETHYLENE TARP MATERIAL SAFETY DATA SHEET AND TECHNICAL INFORMATION 9-33 FAB FIEI'iG INC. 0608: FAB Uol-A Material Safety Data Sheet 1. 'PRODUCT IACIFLCATION Trade Name; Synonyms: Uses: Manufacturer/Supplier: Telephone Plumbers: a F'ABRE tE 1S FAH[ INC' a REDISTERED TRADE HARH FOR ITS WOVEN POLYOLEFIN FABRIC FALLRENE a WOVEN POLYOLEFIN FABRENE CORP. Address: 8927/8929 J.M. KEYNES DR., SUITE 301 C7IARLOPTE. N. C. U.S.A., 28213 (704)-548-0628 L< Ha -4=w £N ZL 3LhNi'S NONE OF THE FABRENE WOVEN POLYOLEFINS ARE CCANSIDERED 11AZARDCUS UNDER NOM (x rnITIONS 3. PHYSICAL DATA Roiling Point. (°F): Melting Point (°F) : Vapour Pressure(1g) : Vapour Density (air=1): Specific Gravity (uater�11: Volatiles (% by volume): Evaporatiop Rate: Solubility in"Water (% k/wl: Appearapee & Odor: 4. FIRE AND EXPLOSION DATA Flash Point (Method used)(°F): Autaignition Temperature OF): namable Limits in air (%v/v) Extinguishing Media: Fire Fitting Procedures: E=ire & Explosion Hazards: N/A 230 320 N/A N/A 0.90-0.95 N/A N/A INSOLUBLE CLEAR OR PIES ODORLESS WOVEN FABRIC N/A N/A I R1,: N/A - UEL: N/A WATER, DRY (1II TICAL, CARBON DIOXIDE NONE - FAQ WOVEN POLYOLEFIN IS A COMBUSTIBLE MATERIAL. . e`I E EIOEtTINCI PERSONNEL SHOULD BE AWARE OF THE POTENTIAL HAZARDS CREATED BY DRIPPING MOLTEN PLASTIC. SELF- 1AAT TALLY t3stEAT1(INC.1 APPARATUS IS RECOMOENUED mit II M FLAME ME RE TARDA T GRADE OF FABRENE • 5. SPECIAL PRECAMONS Handling & Storage: Other Ptlecautions: 6. HEALTH HAZARD DATA Permissible Exposure Limit(s): Routes of Exposux : Overexposure Effects: Emergency & First Aid Procedures: 7. REACTIVITY DATA Stability: Materials to Avoid' (Hazardous Decomposition Products Hazardous Polymerization: 8. SPILL OR LEAK PDY_IEDUvBE If Material is Released or Spilled: Neutralizing Chemicals: Waste Disposal Method: 9. SPECIAL PROTECTION INFORMATION Ventilation: Clothing & Equipment Requirements: Respiration: Eye Protection: (land/Arm Protection: Other: MSDS: FAH DOI-A DOLLS SHOULD BE ADEQUATELY Y RESTRAINED To PREVENT SHIFTING ING HANDLING AND STORAGE. N/A N/A N/A NONE REAU I RED STABLE STRONG OXIDANTS AT IiI01- 713 AW1REB. c .RWJN DIOXIDE, CARBON MONOXUAL AC )LE IN , KETONES, ALDEHYDES AND MUER 1NI0I flIFIEII) °MM,ANIC COMPOUNDS MAY BE FORMED UPON COMBUSTION. FLAME RETARDANT FABRENE, WILL BE MORE COMPLEX AND COULD INCLUDE HYDROOROMIC ACID. WILL. NOF LXX NO SPECIAL PROCEDURES REQU I RED N/A NOT REQUIRED IST REQUIRED NOT REQUIRED NOT REQUIRED DATE OF ISSUE APRIL 78, 1987 DA E OF REVISION JANUARY 10, 1990 WrICE: This information is believed to be reliable and it is intended for use by skilled persons at their own risk. FARRENE CORP. assumes no responsibility for events resulting or damages incurred from its use. The information on this Material Safety Data Sheet relates only to the specific material designated herein and does not relate to use in combination with any other material or in any process. N/A - Nn'r AVAILABLE 1 .) Bos 77757 halon Rouge- LA 70873.7757 Properties 70 PE EWO DAILY COVER 504-752-1940 1-80o-673.1570 FAX 504.755-3448 Physical properties of TGNN polyethylene material. Units Values Test Methods Construction Tapes/inch Warp 24/Wett 16 . Tensile Grab Strength lb( Warp 440/Wett 335 ,car Strength' IbI 65 Mullen Burst Strength lb/in2 610 Coating Mils 2.0 Colors Unit Weight 1.5 Scrim Natural Natural Coating Black/Black BlacldBlue Blue/Blue Naturat!Na(ura} or/yd= 9.5 9.0 'indudas lace Fa stiff tapas -- tear may be aossvtlia io 6lreGron of face. ASTM 0 1682-&4 ASTM 0 226171 ASTM 075173 Each Side P.O. Box 77757 'on Rouge. LA 70879.7757 a fitr ia.)ac �' 11DAILY COVER LANDFILLS IN TEXAS B.F.I. BLUE RIDGE PROCESSING FACILITY FRESNO, TX PERRI HOLMES (713) 835-6142 B.F.I. GOLDEN TRIANGLE FACILITY BEAUMONT, TX MIKE BARKSDALE (409)842-5091 B.F.I. GALVESTON COUNTY LANDFILL GALVESTON, TX RICK WILLIAMSON (409) 925--4380 G.T. U.A. LANDFILL DENNISON, TX JERRY CHAPMAN (903)786-4433 ANGELINA COUNTY ANGELINA COUNTY LANDFILL LUFKIN, TX JAMES MAYES (409)632-7168 . WASTE MANAGEMENT HILLSIDE LANDFILL LEWISVILLE, TX STEVE ORCUTT (903) 868--0310 504-752-1990 1.800.673-1.570 Fax 504-755.0448 B.F.I. WHISPERING PINES LANDFILL HOUSTON, TX CHARLIE (713)633-2720 WASTE MANAGEMENT SECURITY LANDFILL CLEVELAND, TX RICH SENGER (713)592-3543 WASTE MANAGEMENT LAZY LAKEVIEW LANDFILL WACO, TX JOHN HODGE (817) 799--9353 REPUBLIC WASTE C & 'I LANDFILL LINN, TX WELDON MOSMEYER (210)383-7398 APPENDIX IVB PLAN FOR PLANTING AND MAINTENANCE OF VEGETATION ONCOMPLETED LANDFILL CAP CONTENTS 1 INTRODUCTION IVB -1 2 VEGETATION PLANTING ON THE COMPLETED LANDFILL CAP IVB -2 2.1 Grass Cover IVB -2 2.2 Shrubs and Trees IVB -2 2.2.1 Shrub and Tree Locations IVB -2 2.2.2 Soil Considerations IVB -3 2.2.3 Shrub and Tree Selection IVB -3 3 MAINTENANCE OF VEGETATION COVER ON LANDFILLED AREAS IVB -5 3.1 Maintenance of Grass Cover IVB -5 3.1.1 Irrigation IVB -5 3.1.2 Mowing IVB -5 3.2 Maintenance of Shrubs and Trees IVB -6 3.2.1 Irrigation IVB -6 3.2.2 Trimming and Removal of Shrubs and Trees IVB -6 3.2.3 Managing Wind Impacts IVB -6 AU/I/TECH COM\IVBPLAN.DOC/nr IVB -ii Technically Complete August 1998 1 INTRODUCTION The maintenance of a vegetative cover over the completed landfill is important to minimize erosion of soil from the cap, decrease potential for intrusion of moisture into the waste, improve the quality of surface runoff water, and improve the appearance of the completed site. Vegetative cover on the CoCC Solid Waste Facility will include appropriate grasses, shrubs, and trees, planted and maintained by the City throughout the life of the facility and the postclosure care period. The guidelines contained in this plan are designed to enable compliance with 30 TAC 330.253(b)(3), requiring immediate seeding of completed portions of the site to prevent soil erosion. In addition, the City should use the guidelines to help maintain a vegetative (grass) cover over capped areas of 90 percent in order to minimize cap erosion, as assumed by soil erosion calculations contained in Part III, Attachment 6A - Surface Water Drainage Design Report. It is expected that the state of the practice of the planting of trees and shrubs on completed portions of landfills will continue to evolve. As such, the City may, from time to time, modify this plan with TNRCC approval. This plan has been prepared in cooperation with professional staff of the Corpus Christi office of the Texas Forestry Service. As such, the City will continue to rely as necessary on the expertise of the Texas Forestry Service for guidance in selection of tree and shrub types, plant groupings, and ongoing maintenance of vegetative cover. AUIUTECH COM \IVBPLAN.DOC/nr IVB- 1 Technically Complete August 1998 2 VEGETATION PLANTING ON THE COMPLETED LANDFILL CAP 2.1 Grass Cover Grass cover over the completed landfill cap will be initiated immediately after the erosion layer of the cap has been placed. Appropriate native grasses, or other grasses suited for the climate of the Corpus Christi area will be used. The type of grass to be used will be determined by the Disposal Superintendent at the time of placement of final cover. Typical grasses may include Coastal Bermuda, Buffalo Grass, Texas Grama, Bluestem, and Johnson Grass. Winter Rye, and Rescue Grass may also be used as a cool season cover, when necessary. The Disposal Superintendent may also consult with the Nueces County Extension Agent regarding appropriate grasses, at the time grass cover is needed. Any disturbance to the grass cover on completed portions of the site will be repaired as quickly as practical in order to maintain a high level of erosion control. Disturbances to the grass cover may include accidental disturbance by site equipment, or planned disturbances such as installation of landfill gas collection system components. 2.2 Shrubs and Trees The planting of shrubs and trees on the completed site is a developmental process, anticipated to take place over an extended period of time of landfill operation and postclosure care. The determination of when to begin planting trees and/or shrubs on compelted landfill 'areas will be made by the City of Corpus Christi, following the guidelines in this plan. If, during development of the site, it becomes necessary or advantageous to modify these guidelines to improve the process of planting or maintaining shrubs and trees, the City may do so in consultation with the Texas Forest Service and others with expertise in the field, and by notifying the TNRCC of any planned changes. 2.2.1 Shrub and Tree Locations With limited restrictions, shrubs and trees may be located anywhere on completed portions of the site as long as guidelines for soil layer thickness, plant types, and planting techniques (see below) are followed. Shrubs and trees will not be located within drainage swales or chutes, or within 25 feet of any landfill gas collection system component (collection line, well, condensate sump, etc.). In general, shrubs and trees will be located in clusters. Planting in clusters will provide better opportunity for the shrubs and trees to act as wind breaks for each other, and will increase moisture retention within the joint root systems. AU/1/TECH COM\IVBPLAN.DOC/nr IVB- 2 Technically Complete August 1998 The shrub/tree clusters will be located initially on the downhill side of swales, in areas where the erosion layer has been thickened in accordance with these guidelines. The initial and ultimate sizes of shrub/tree clusters, their number and locations on completed areas, the timing of their placement, and the make-up of each cluster will be determined by the Disposal Superintendent in consultation as necessary with the Regional Forester of the Texas Forestry Service. Planning for the arrangement of shrubs and trees within each cluster will be accomplished at the time the planting is desired. In general, the arrangement of shrubs and trees should consider how proposed plants can provide windbreaks for other plants in the cluster, and the ultimate planned postclosure use of the closed landfill in the area of the proposed cluster. Locations of shrub and tree clusters will consider their use as windbreaks, short-term and long- term postclosure use plans, availability of additional soil for thickened cover depth, availability of water for irrigation, costs for development of shrub and tree area, and available budget constraints. 2.2.2 Soil Layer Considerations The erosion layer component of the final cover system will be thickened in areas where shrubs or trees are to be planted. The thickened layer will be 39 to 58 inches, including the original 18 inches of the erosion layer. As shown in Part III, Attachment 6C - Cover System Details, Figure 6C.1, drainage swales on the completed landfill are formed by construction of soil berms of approximately 2-1/2 feet in height (above top of erosion layer). Details of swale locations on the site are provided in Attachment 6A. The planting of shrubs and trees will take advantage of the swale berms by expanding the top width of the berm in areas where shrub/tree clusters are planned. Attachment C, Figure 6C.2 - Tree Planting Details indicates the general procedure for thickening the soil layer in this manner. As shown in Attachment 6C.2, the minimum thickness of soil where trees or shrubs will be planted will be 58 inches. This includes the 18 -inch thick erosion layer. The edges of the soil -thickened areas will transition back to the typical erosion layer thickness at a slope of no greater than 2H:1 V. If soil thickness is increased for shrubs or trees after the initial grass cover is established on the completed cap (thereby creating an exposed area without grass cover), the thickened area will be seeded to reestablish grass cover prior to planting any shrubs or trees. Soil used to thicken the erosion layer for trees will generally be a fine -textured soil, but should not be a heavy clay. The soil should be mixed with composted material or other soil amendments to improve organic content. Soil will be placed with only limited compaction to promote root growth. 2.2.3 Shrub and Tree Selection Appropriate native shrubs and trees, or other shrubs or trees suited for the climate of the Corpus Christi area may be used on completed landfill areas. However, selection of specific shrubs and trees is dependent upon the location on the landfill area, planned postclosure uses of the landfill, availability of water in the vicinity of the planned cluster, aesthetic and functional considerations AU/UFECH COM\IVBPLAN.DOC/nr IVB- 3 Technically Complete August 1998 3 MAINTENANCE OF VEGETATION ON COMPLETED LANDFILLED AREAS 3.1 Maintenance of Grass Cover 3.1.1 Irrigation Watering will be accomplished as needed in order to establish grass cover as quickly as practical. Watering may generally be accomplished by: • •spraying water from a water truck, to the extent that the truck does not cause damage to the final cover system • use of portable irrigation piping and a delivery system from an onsite water well or ponded water The amount of water needed will be dependent on the amount of rainfall being experienced at the time of planting. Grass conditions and growth will need to be watched closely until coverage is established. Care must be taken to prevent irrigation water from causing erosion of the landfill cap. Once grass cover is established, irrigation requirements will generally decrease as the grass root system begins to take more moisture from the erosion layer of the final cap system. In drier periods of the year, additional water may need to be applied periodically to prevent excessive drying of the vegetative cover. 3.1.2 Mowing It is not anticipated that mowing of the grass cover on most of the landfill cap will be needed. However, it may be necessary to mow or trim grass in the drainage swales to prevent blockage and overflow of the swales. Grass may also periodically need to be trimmed from around landfill gas extraction wells or other landfill gas collection system appurtenances that extend above ground. Grass that is mowed or trimmed from the site should be removed from the cap area immediately to prevent accumulations of cuttings in swales or other drainage structures. AU/I/TECH COM\IVBPLAN.DOC/nr IVB- 5 Technically Complete August 1998 3.2 Maintenance of Shrubs and Trees 3.2.1 Irrigation Trees will need to be irrigated initially until root systems are capable of extracting sufficient moisture from the soil. Irrigation of trees will be accomplished by: • spraying water from a water truck, to the extent that the truck does not cause damage to the final cover system • construction of a drip -irrigation system within the area of thickened soil and a water delivery system from an onsite water well or ponded water Initially, watering will need to be accomplished frequently (once to twice per week). Irrigation requirements should decrease, however, as clusters of shrubs and trees become established. However, increased irrigation may be needed in dry periods in order to prevent excessive drying of the plants. Mulching of planting clusters should also be done in order to reduce excessive evaporation of moisture from the soil. 3.2.2 Trimming and Removal of Shrubs and Trees It is not anticipated that the shrubs and trees will require trimming unless desired by the City at some future time. Shrubs or trees that have died will be removed by cutting the trunk at ground level. Limbs that are trimmed for any reason will be removed from the site immediately to prevent accumulation of material that could block drainage or cause damage to the final cap. Shrubs and trees will not be allowed to interfere with the landfill final cover system, landfill cap drainage system, or landfill gas system piping, extraction wells or other system components. If it is determined that shrubs or trees are endangering such systems (either above -ground growth or the root system beneath the ground), they will be trimmed as necessary or removed. Inspection of tree clusters for potential impacts on the landfill cap system will be a regular part of the postclosure care requirements for the site. The Texas Forestry Service may be consulted if there are questions regarding whether a shrub or tree is in danger of having an adverse impact on the final cover system. 3.2.3 Managing Wind Impacts Uprooting of trees can be minimized by maintaining a rooting soil thickness of 39 to 58 inches, and by planning the clusters to maximize their ability to provide windbreaks for each other within the cluster. However, it may be expected that some trees will be uprooted from time to time, particularly in excessively high winds such as hurricanes. When a tree is uprooted, it will be removed from the landfill cap as soon as practical. The hole left by the uprooted tree will be inspected to determine if any damage has occurred to the membrane liner, the drainage layer between the membrane and the erosion layer, or any irrigation lines. AU/I/TECH COM\IVBPLAN DOC/nr IVB- 6 Technically Complete August 1998 APPENDIX IVC WASTE FORMS Inspection No. Date WASTE SCREENING REPORT City of Corpus Christi Corpus Christi Solid Waste Facility Permit No. Purpose of Screening: () Random Selection () Suspected Unauthorized Waste () Other Transporter Information: Company Name Address Phone Driver's Name Truck No. & I.D. Detected: Containers Powder/Dust Odors Liquids Heat Marked PCB or Hazardous Waste Special Wastes Sample Taken (Identify): Disposition of Waste: Recommendations: Action Taken: () Notified Texas Natural Resource Conservation Commission Date/Time Person Notified () Filed in Operating Record Date Signed: Inspector Transporter CITY OF CORPUS CHRISTI - GENERATOR'S WASTE PROFILE SHEET INSTRUCTIONS The information contained in these instructions may be used to determine the acceptability of waste intended for disposal at the Corpus Christi Solid Waste Facility. This information is strictly confidential and will only be used as an internal tool to maintain permit compliance with the Texas Natural Resource Conservation Commission. The form must be filled out in its entirety. PART A 1. GENERATOR NAME - Enter the name of the facility where the waste is generated. 2. FACILITY ADDRESS - Enter the street address (Not the P. O. Box) where the waste is generated. 3. GENERATOR CITY/STATE - Enter the city and state of the site where the waste is generated. 4. ZIP CODE - Enter the generator's zip code. 5. GENERATOR USEPA ID - Enter the generator's identification number issued by the USEPA. 6. GENERATOR STATE ID - Enter the generator's identification number issued by the State. 7. TECHNICAL CONTACT - Enter the name of the person who can answer technical questions about the waste. 8. PHONE - Enter the telephone number of the person designated as the technical contact. PART B 1. NAME OF WASTE - Enter the name of the waste (e.g. putrescible, untreated medical waste, sludge, contaminated soil, etc.) 2. PROCESS GENERATING WASTE - List the specific process or operation that generates the waste. (e.g. municipal refuse, manufacturing, etc.) 3. ANNUAL AMOUNTS - Enter the amount of waste that will generated and transported annually.(Use cubic yards, gallons, tons) WASTE TYPE - Based upon the attached definition found in State of Texas Municipal Solid Waste Law, indicate if the waste type qualifies as a special waste. 5. TNRCC WASTE CODE NO. - This is the designated industrial waste code number identifying the waste as Class 1 non -hazardous, Class 2, or Class 3. Put N/A if the waste is not an industrial waste. 6. CLASS 1 INDUSTRIAL WASTE PROCESS INFORMATION - If the waste is Class 1 non-hazasrdous, provide specific information regarding the waste stream, the actual process generating this waste, and regulatory information pertaining to the waste. If you are not sure of the process, indicate "N/D" for not determined. 7. SPECIAL HANDLING INSTRUCTIONS/INFORMATION - For all wastes, describe any special handling requirements and any additional information applicable to its disposal. DEFINITION OF SPECIAL WASTE According to TAC 30: Special Waste - Any solid waste or combination of solid wastes that because of its quantity, concentration, physical or chemical characteristics, or biological properties requires special handling and disposal to protect the human health or the environment. If improperly handled, transported, stored, processed or disposed of or otherwise managed, it may pose a present or potential danger to the human health or the environment. Special wastes are: (A) hazardous wastes from conditionally exempt small -quantity generators that may be exempt from full controls under §§335.401-335.412 of this title (relating to Household Materials Which Could Be Classified As Hazardous Waste); (B) class I industrial nonhazardous waste not routinely collected with municipal solid waste; (C) special waste from health -care -related facilities (refers to certain items of medical waste); (D) municipal wastewater treatment plant sludges, other types of domestic sewage treatment plant sludges, and water -supply treatment plant sludges; (E) septic tank pumpings; 'P) grease and grit trap wastes; i) wastes from commercial or industrial wastewater treatment plants; air pollution control facilities; and tanks, drums, or containers used for shipping or storing any material that has been listed as a hazardous constituent in 40 CFR, Part 261, Appendix VII but has not been listed as a commercial chemical product in 40 CFR, §261.33(e) or (f); (H) slaughterhouse wastes; dead animals; drugs, contaminated foods, or contaminated beverages, other than those contained in normal household waste; K) pesticide (insecticide, herbicide, fungicide, or rodenticide) containers; (L) discarded materials containing asbestos; (M) incinerator ash; (N) soil contaminated by petroleum products, crude oils, or chemicals; (0) used oil; (P) light ballasts and/or small capacitors containing polychlorinated biphenyl (PCB) compounds; (Q) waste from oil, gas, and geothermal activities subject to regulation by the Railroad Commission of Texas when those wastes are to be processed, treated, or disposed of at a solid waste facility permitted under this chapter; (R) waste generated outside the boundaries of Texas that contains: (i) any industrial waste; (ii) any waste associated with oil, gas, and geothermal exploration, production, or development activities; or (iii) any item listed as a special waste in this paragraph; (S) any waste stream other than household or commercial garbage, refuse, or, rubbish; (T) lead acid storage batteries; and (U) used -oil filters from internal combustion engines. 8. INCIDENTAL AMOUNTS OF SPECIAL WASTE - incidental quantities of special waste that do not materially change the physical or chemical identity of the load or make it hazardous waste must be identified by type and amount. PART C 1. METHOD OF SHIPMENT - Indicate the anticipated method of shipment by checking the appropriate box. 2. SUPPLEMENTAL SHIPPING INFORMATION - Enter any additional shipping information. 3. REPORTABLE QUANTITY - Enter the pounds of waste for disposal. D TECHNICAL MANAGER DECISION - To be completed by the City of Corpus Christi. PART E PHYSICAL CHARACTERISTICS OF WASTE 1. COLOR - Describe the appearance of the waste (e.g.,green, transparent, varies). 2. ODOR - Do Not Smell The Waste! If the waste has a known incidental odor, then describe it (e.g., acrid, pungent, solvent, sweet). 3. PHYSICAL STATE - Check the applicable box, if "OTHER" enter a descriptive phrase in the space provided. 4. LAYERS - Check all applicable boxes. Multi -layered means more than two layers (e.g.,oiVwater/sludge). Bi - layered means the waste is comprised of two layers which may or may not be of the same phase (e.g., oiVwater or solvent/sludge). Single phased means the waste is homogenous. 5. SPECIFIC GRAVITY - Indicate the range. The specific gravity of water is 1.0. most organics are less than 1.0. Most inorganics are greater than 1.0. 6. FREE LIQUIDS - Check "YES" if liquid is usually present when packaging for shipment and estimate the percent of liquid volume. Check "NO" if there are no free liquids as determined by the Paint Filter Test or direct observation. 7. pH - Indicate for liquid portions of the waste. Check the appropriate boxes which cover the pH of the waste. Use the "RANGE" space if appropriate. For solid or organic liquid wastes, indicate the pH of a 10% aqueous solution of the waste if applicable. Check "NA" for non -water soluble materials. 8. FLASH POINT - Indicate the flash point obtained using the appropriate testing method. PART F CHEMICAL COMPOSITION List all organic an/or inorganic components of the waste using special chemical names. If trade names are used, attach Material Safety Data Sheet or other documents that adequately describe the composition of the waste. For each component, estimate the range (in percents) in which the component is present. In addition , indicate whether any TCLP constituents are present in the waste. The total of the maximum values of the components must be greater than or equal to 100% including water, earth etc. 2. If the waste contains PCB's, cyanides, or sulfides indicate the concentrations. If the waste does not include these constituents, indicate by checking the "NO" box(es) which applies. If the concentration of these constituents is unknown, please indicate "UNK" under "ACTUAL". 3. Indicate whether the method used to determine the chemical composition in Fl was the TCLP (Toxicity Characteristic Leaching procedure). method, an analysis to determine the total concentrations, or another method. Specify the method. PART G SAMPLING SOURCE Describe exactly where the sample was taken (i.e., drum, lagoon, pond, tank, etc.). PART H REPRESENTATIVE SAMPLE CERTIFICATION This section only needs to be completed when providing a waste sample for testing. Some wastes require analytical data to determine their chemical composition, regulatory status, and if they are acceptable for transportation, treatment or disposal. The sample should be collected in accordance with "Test Methods for the Evaluation of Solid waste, PhysicaVChemical Methods," SW -846, USEPA, and/or 40 CFR 261.20(c), or equivalent rules. A suitable sample container for most wastes is a wide mouth glass bottle with a plastic cap having a non-reactive liner. Plastic containers are recommended for strong caustics or fluorides. Fill to approximately 90%of capacity to allow for -expansion during transportation. The sample must be packed and shipped in accordance with U.S. DOT regulations and specific requirements imposed by the carrier. Improperly packaged samples may be disposed upon receipt. 1. PRINT SAMPLER'S NAME -Enter the sampler's name. 2. SAMPLE DATE -Enter the date that the sample was collected. 3. SAMPLER'S TITLE - Enter the sampler's title. 4. SAMPLER'S EMPLOYER - Enter the name of the sampler's employer. 5. SAMPLER'S SIGNATURE - Sign in the space provided. PART I TRANSPORTER CERTIFICATION By signature of this profile sheet, the transporter certifies that statements in Nos. 1, 2, 3, 4, 5, 6, and 7 are true and accurate with respect to the waste streams listed. 7. SIGNATURE - An authorized employee of the Transporter must sign the Transporter's Waste Profile Sheet. 8. TITLE - Enter the employee's title. 9. NAME - Enter the employees's name. 10. DATE - Enter the date signed. KEEP A COPY OF THE TRANSPORTER'S WASTE PROFILE SHEET FOR YOUR RECORDS. SEND THE ORIGINAL AND ALL ATTACHMENTS TO THE CITY OF CORPUS CHRISTI - DEPARTMENT OF SOLID WASTE. PART F - (cont.) Please Note: Unless analytical notes are attached, the chemical composition identification should include at a minimum, Arsenic, Barium, cadmium, chromium, Lead, Mercury, Selenium, Silver, Pesticides, Herbicides, and any other TCLP constituents that may be present in the waste. The total concentration must be greater than or equal to 100%.(.0001% = 1 ppm or 1 mg/1) T.dicate method used to determine composition (if provided): TCLP Total Other: PART G - SAMPLING SOURCE (e.g., Drum, Lagoon, Pit, Pond, Tank, Vat): PART H - REPRESENTATIVE SAMPLE CERTIFICATION 1. PRINT SAMPLER'S NAME: 2. SAMPLE DATE: 3. SAMPLER'S TITLE: 4. SAMPLER'S EMPLOYER (if other than generator): The sampler's signature certifies that any sample submitted is representative of the waste described above pursuant to 40 CFR 261.20(c) or equivalent rules. 5. SAMPLER'S SIGNATURE: PART I - GENERATOR CERTIFICATION By signing this profile sheet, the generator certifies: 1. This waste is not a "Hazardous Waste" as defined by 40CFR261 or 30 TAC 335, Subchapter R. 2. This waste does not contain regulated radioactive materials or regulated concentrations of PCB's (Polychlorinated Biphenyls). 3. The information provided on this sheet and the attachments is a true and accurate description of the waste material. All relevant information regarding known or suspected hazards in the possession of the generator has been disclosed. 4. The generator has read and understands the Definition of Special Waste included in the instructions form. 5. The analytical data presented herein or attached hereto were derived from testing a -.1presentative sample taken in accordance with 40 CFR 261.20(c) or equivalent rules. If any changes occur in the character of the waste, the generator shall notify the City of ,rpus Christi prior to its delivery to the Corpus Christi Solid Waste Facility. /. The generator will abide by disposal requirements imposed by the City of Corpus Christi on the waste being disposed at the site. Disposal requirements include those contained in the Site Operating Plan for the City's disposal facility, and any additional requirements imposed by the City on this specific waste stream. 8. SIGNATURE: 9. TITLE: 10. NAME (Type or Print): APPENDIX IVD CLASS 1 NONHAZARDOUS INDUSTRIAL WASTE ACCEPTANCE PLAN v* • . : f ,r vim: . , R. H. ,6 • of; k.• 5:• • 48237r�r �', I. CONTENTS 1 INTRODUCTION 2 WASTE ACCEPTANCE CRITERIA 3 WASTE EVALUATION CRITERIA IV -1 IV -2 IV -3 4 QUALITY ASSURANCE/QUALITY CONTROL - ANALYTICAL INFORMATION IV -4 4.1 Analytical Information IV -4 4.2 Point -of -Delivery Inspection/Testing IV -5 5 WASTE APPROVAL UPDATES IV -6 6 WASTE DISCREPANCIES AND REJECTED LOADS IV -7 7 DOCUMENTATION AND RECORDKEEPING IV -9 8 REPORTING IV -10 9 TRAINING OF PERSONNEL AND WASTE SCREENING IV -12 .0.0risn itivic.... ................ A_ 1*.'tz. R. H. HUNT=~ too =.• 4.8237 1111� AU/I/CORPUS/62789/002/SOPAPP/nr IV -ii 'l'eehnically Comp to 62789-002.100 August 1998 Appendix IVD 1 INTRODUCTION The Texas Natural Resource Conservation Commission (TNRCC) Municipal Solid Waste Regulations define a Class 1 nonhazardous industrial waste (Class 1 waste) as any industrial solid waste designated as Class 1 by the executive director, or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed. The disposal requirements for industrial wastes in a municipal solid waste landfill, including Class 1 wastes, are found at 30 TAC §330.137 - Disposal of Industrial Wastes. This Class 1 nonhazardous industrial waste acceptance plan' (Plan) was developed in accordance with Section 330.137. All Class 1 wastes handled, treated, and/or disposed of at the City of Corpus Christi (CoCC) Solid Waste Facility will be subject to the procedures and guidelines contained in this Plan. For the specific purposes of this Plan, Class 1 waste is further defined as any waste: • Determined to be nonhazardous by process determination or by meeting the definitions of such as outlined in 40 CFR Part 261; and, • Classified as Class 1 waste by the TNRCC or self -classified by an in-state, out-of- state, or Maquiladora generator as Class 1 waste. This definition does not include Class 1 asbestos waste. AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD-1 Technically Complete 62789-002.100 August 1998 Appendix IVD 2 WASTE ACCEPTANCE CRITERIA Prior to acceptance of any Class 1 waste at the CoCC facility, the following initial criteria must be met: 1. The waste must be determined to be nonhazardous as defined in 40 CFR Part 261 or by applicable state solid waste regulations and 2. Class 1 waste generated in the State of Texas must be classified as Class 1 by the TNRCC or self classified as Class 1 in accordance with 30 TAC Chapter 335, Subchapter R or • Class 1 waste generated by a Maquiladora facility, which has been assigned a valid "Q" reference number by the TNRCC, must be classified as Class 1 by the TNRCC or self classified as Class 1 in accordance with 30 TAC Chapter 335, Subchapter R or • Class 1 waste generated by out-of-state generators must be self -classified as Class 1 waste in accordance with 30 TAC, Chapter 335, Subchapter R and receive generator specific/site specific approval for disposal by the TNRCC. 3. The generator/customer must provide all required information in accordance with Section 3 Waste Evaluation Criteria. AU/I/CORPUS/62789/002JSOPIVD.DOC/nr IVD-2 Technically Complete 62789-002.100 August 1998 Appendix IVD 3 WASTE EVALUATION CRITERIA Prior to the acceptance of a Class 1 wastestream, the generator/customer is required to state and certify the characteristics, origin and estimated quantity of the Class 1 waste proposed for disposal. In addition, if the waste is not readily identifiable, the generator/customer may be required to provide other pertinent information regarding the waste before a Class 1 waste is accepted. The generator/customer must complete and sign the Generator's Waste Profile Sheet (GWPS-see Appendix IVC) and may be required by the Disposal Superintendent to provide current laboratory analyses data for the waste stream intended for disposal. Texas generators and Maquiladora generators will be required to submit evidence that the waste has been classified as a Class 1 waste either by the TNRCC or self -classified as a Class 1 waste in accordance with 30 TAC chapter 335, subchapter R. The GWPS and all information provided by the generator/customer will be reviewed by the Disposal Superintendent. The Disposal Superintendent will ensure that any analytical information submitted meets the requirements described in Section 4.0 of this Plan, assign necessary conditions/limitations on managing the waste, and make the decision and submit approval of the wastestream in writing to the generator/customer if the waste is eligible for disposal at the facility. If the waste is approved for acceptance, an expiration date not to exceed 2 years is assigned to the GWPS unless the Disposal Superintendent determines that an expiration date of less than 2 years is appropriate. The waste stream will be reviewed at the end of the expiration date to ensure it is still in conformance with the information provided. The Disposal Superintendent will ensure that a Class 1 Waste Disposal Agreement is executed by the generator/customer. The Class 1 Waste Disposal Agreement states that the generator/customer warrants that the waste materials delivered to the landfill will not contain any hazardous, toxic or radioactive waste or substances as defined by applicable federal, state, local or provincial laws or regulations. The Class 1 Waste Disposal Agreement also states that the generator/customer warrants that the waste material delivered to the facility will not contain any waste except that specifically described in the GWPS and approved in writing, by the facility. Any necessary special conditions/limitations will be included in the Class 1 Waste Disposal Agreement and noted on the GWPS. The Class 1 Waste Disposal Agreement contains a statement that the generator/customer agrees to comply with all special conditions/limitations contained in the Class 1 Waste Disposal Agreement. AU/I/CORPUS/62789/0021SOPIVD.DOC/nr IVD-3 Technically Complete 62789-002.100 August 1998 Appendix IVD 4 QUALITY ASSURANCE/QUALITY CONTROL - ANALYTICAL INFORMATION 4.1 Analytical Information The laboratory analyses required for review with the GWPS is dependent upon the type of waste stream to be disposed. Analyses must have been conducted in accordance with EPA test methods as outlined in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Publication Number SW -846). The type of analyses that may be required on the waste include corrosivity, ignitability, reactivity, toxicity (TCLP), paint filter and any other state -required tests to determine if the waste meets the Class 1 classification criteria. The Disposal Superintendent must receive either proper analytical results from the generator/customer or equivalent information. In accordance with 40 CFR 262.11 the Disposal Superintendent may use the generator's knowledge of the waste and process generating the waste to ensure that the facility is not managing hazardous waste or other prohibited wastes. Analytical reports must clearly identify the generator, when analyses were conducted, the material analyzed, when the sample was taken, and must include the signature of the Laboratory Manager or Chemist serving as certification that the analyses were completed by the laboratory in accordance with applicable approved test methods. In addition, the GWPS requires all samples to be collected in accordance with 40 CFR 261.20(C). Representative samples may also be required by the Disposal Superintendent for testing and evaluation by the City prior to issuing a disposal decision. Any additional sampling and/or testing required will be the responsibility of the generator/customer. Analytical data submitted to Disposal Superintendent for use in the waste evaluation process must meet the following quality assurance criteria: • Analytical data must be current, preferably less than 6 months old (the Disposal Superintendent may, however, accept older data, if appropriate). • The source and/or process generating the waste must be identified and described in physical terms. • The reference of methods employed must accompany the analytical data. • All laboratory QA/QC information must accompany the data submitted and should include: Chain of custody records, data on standards, duplicate analyses, spikes and blanks, and other pertinent statistical information. AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD-4 Technically Complete 62789-002.100 August 1998 Appendix IVD 4.2 Point -of -Delivery Inspection/Testing Because Class 1 waste disposed at the facility will be delivered in designated loads not mixed with other wastes, these waste loads will not be subject to normal waste screening methods described in Section 5 of the Site Operating Plan (Part IV of the Permit Application). However, each load of Class 1 waste delivered to the landfill for disposal will receive a visual inspection to verify conformance with the GWPS. In addition to visual inspection, additional verification testing may be performed on any load. Test results will be recorded and referenced by manifest document number on the GWPS and maintained in the site operating records. Class 1 wastes containing free liquids as determined by the paint filter liquids test (EPA Method 9055; EPA Publication Number SW -846) will not be accepted at the facility. AU/UCORPUS/62789/002/SOPIVD.DOC/nr IVD-5 Technically Complete 62789-002.100 August 1998 Appendix IVD 5 WASTE APPROVAL UPDATES Approximately 3 months prior to the expiration date of the GWPS, the Disposal Superintendent will inform the generator/customer of the impending expiration. The generator/customer must then provide appropriate updates to the GWPS, additional laboratory data and additional process information prior to expiration of the current GWPS. The Disposal Superintendent may extend the expiration of the current GWPS by up to 3 additional months, if generator/customer is making satisfactory progress toward completing the required update. In the event the process from which the Class 1 waste is generated changes, it is the responsibility of the generator/customer to provide notification and updated information on the waste. The additional information may include additional analytical data, and other information as required by the Disposal Superintendent. The GWPS must be updated by the generator with the additional information. In the event the physical characteristics of a Class 1 waste received at the facility differs from that of the approved waste stream, disposal will not be allowed and the generator/customer will be required to provide additional process and/or analytical data in order to determine the cause of the change in waste characteristics and any associated disposal requirements. AU/UCORPUS/62789/002/SOPIVD.DOC/nr IVD-6 Technically Complete 62789-002.100 August 1998 Appendix IVD 6 WASTE DISCREPANCIES AND REJECTED LOADS Documentation for all Class 1 wastes with an approved GWPS that arrive for disposal at the facility are reviewed by the Scalehouse Operator and, if necessary, by the Disposal Superintendent. If required documentation is missing, incomplete, or the characteristics of the waste are questionable, all discrepancies must be resolved prior to acceptance of the waste for disposal. In the event all discrepancies cannot be resolved, the waste load will be rejected. Discrepancies which will cause a load to be rejected include, but are not limited to: • A Class 1 waste arrives without a TNRCC manifest; • A Class 1 waste arrives and the waste material does not match the description on the waste manifest; • A Class 1 waste arrives and the information on the manifest is not complete or is incorrect; or • A Class 1 waste arrives which does not match the information provided on the GWPS, Class 1 Waste Disposal Agreement or any TNRCC approval documents. In the event that the description or physical characteristics of a Class 1 waste being received at the facility differs from that of an approved waste stream or if previously unidentified Class 1 waste is suspected, the load will be stopped and the generator/customer will be required to provide an updated GWPS to properly identify the wastestream prior to disposal. Should an incident occur in which a waste load is accepted as a Class 1 waste approved for disposal at the facility, but is afterward suspected of being a different (not approved) Class 1 nonhazardous waste, hazardous waste, PCB waste, radioactive waste, or other prohibited waste, the load will be isolated and the area around the waste load secured. The generator/customer will be immediately contacted to provide proper identification of the waste. If the waste is subsequently confirmed to be a different (not approved) Class 1 nonhazardous waste, or hazardous, or to contain PCB's, or radioactive, or other prohibited waste, the following actions will occur: AU/I/CORPUS/62789/002/SOPIVD.DOC/nr WD -7 Technically Complete 62789-002.100 August 1998 Appendix IVD • The TNRCC Regional office will be notified of the incident. • The generator/customer will be required to remove the waste for proper disposal elsewhere. • If the generator/customer is unable to remove the waste, the Disposal Superintendent will develop an appropriate remediation plan. The plan will be implemented upon approval of the TNRCC. AU/UCORPUS/62789/002/SOPIVD.DOC/nr I VD -8 Technically Complete 62789-002.100 August 1998 Appendix IVO 7 DOCUMENTATION AND RECORDKEEPING All required paperwork and documentation relating to the acceptance of Class 1 wastes will be maintained as part of the Site Operating Record. The following forms and/or documentation will be required under this acceptance Plan: TNRCC Waste Classification The generator/customer will be required to submit evidence that the waste has been classified as a Class 1 waste by the TNRCC or self -classified as a Class 1 waste according to TNRCC regulations. This will include identification as a process waste or one-time waste (using TNRCC Form 0757). This requirement applies to all registered Texas generators and registered Maquiladoras with a valid "Q" number. Generator Waste Profile Sheet and Class 1 Waste Disposal Agreement The GWPS and Class 1 Waste Disposal Agreement are required of all generators/customers of Class 1 waste. The generator/customer certifies by signature that all information contained in the GWPS and Class 1 Waste Disposal Agreement is true and correct. Copies of the current GWPS will be maintained in the Site Operating Record. TNRCC Waste Manifest The TNRCC currently requires all Class 1 non -hazardous industrial waste to be manifested from generator to disposal facility using a TNRCC Hazardous Waste Manifest. The waste manifest is to be completed by the generator and the transporter, and must accompany each load of Class 1 waste. Once the facility has confirmed the necessary pre -authorizations for acceptance and disposal of the waste, the destination section of the manifest will be completed by the facility and a copy presented to the transporter. To verify final destination and disposition of the waste, the generator's copy of the manifest will be forwarded to the generator. One copy will be permanently filed at the facility. All documents and information relevant to Class 1 waste profiled and accepted for disposal at the facility will be maintained in the Site Operating Record for a period of no less than 3 years. AU/UCORPUS/62789/002/SOPIVD.DOC/nr IVD-9 Technically Complete 62789-002.100 August 1998 Appendix IVD 8 REPORTING The following reports will be completed for all Class 1 wastes received for disposal, and submitted to the TNRCC as required. Monthly Waste Receipt Summary Report The City of Corpus Christ Solid Waste Facility will submit to the TNRCC a monthly report of Class 1 waste received. This report will be submitted no later than the 25th day of the month following the month in which the waste was received. Reports will be on TNRCC Form 0133A and submitted to the TNRCC Industrial and Hazardous Waste Division, Waste Evaluation Section, in accordance with 30 TAC §335.15. Monthly reports will be filed by the facility including those months in which no Class 1 waste is received at the facility unless an exception is granted by the TNRCC. These reports will summarize the quantity, character, transporter identity, and the method of storage, processing, and disposal of each Class 1 waste shipment received, itemized by manifest document number. Quarterly Municipal Solid Waste Fee Report In accordance with 30 TAC §330.603, a Quarterly Municipal Solid Waste Fee Report is required to be submitted to the TNRCC on a form furnished by the TNRCC. This report must include a statement of the amount of Class 1 waste received for processing or disposal in addition to amounts of other wastes received, the facility operator's name, address, and phone number, the permit number, permit application number, the facility type, size, and capacity, and other information the TNRCC may request. The required quarterly report will be submitted to the TNRCC not later than 20 days following the end of the fiscal quarter for which the report is applicable. Waste Discrepancy Reporting By following the procedures in this Class 1 Nonhazardous Industrial Waste Acceptance Plan, it is anticipated that improper acceptance of Class 1 nonhazardous industrial wastes (i.e., acceptance without proper documentation) will be avoided. However, if such wastes are inadvertently received improperly, a report of the incident must be filed with the TNRCC, in accordance with 30 TAC 335.15(3). This report will be submitted within 15 days of receiving the waste, regardless of quantity, and will include the following information: • Name and address of the facility; • The date the waste was received; • Name and address of the generator and the transporter, if available; AU/I/CORPUS/62789/002/SOPIVD.DOC/nr IVD-10 Technically Complete 62789-002.100 August 1998 Appendix IVD • A description and the quantity of each Class 1 waste the facility received without proper documentation; • The method of storage, processing, or disposal for each Class 1 waste the facility received without proper documentation; • The certification signed by the owner or operator of the facility or his authorized representative; and • A brief explanation of why the waste was unaccompanied by a manifest, if known, AU/I/CORPUS/62789/002/SOPIVI?.DOC/nr IVD- 1 1 Technically Complete 62789-002.100 August 1998 Appendix IVD AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 15, 2016 Second Reading for the City Council Meeting of December 13, 2016 DATE: November 3, 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 5151 McArdle Road CAPTION: Case No. 1016-05 The City of Corpus Christi: A change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. The property is described as being a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive. PURPOSE: The purpose of this item is to rezone the property to continue the Council for the Deaf Center and for business and commercial uses, including parking for La Palmera Mall. RECOMMENDATION: Planning Commission and Staff Recommendation (November 2, 2016): Tract 1: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and in lieu thereof approval of the "CN -1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line. (See Tract Exhibit) Vote Results For: 7 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant (the Buyer) is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District to allow continued use of the Council for the Deaf Center, for parking to serve the adjacent La Palmera Mall, and for business and commercial uses excluding a bar, tavern or pub, nightclub, discotheque or pool hall. The proposed rezoning is not consistent with the Future Land Use map although the repurposing of Mt. Vernon Park is a goal of Plan CC. While the proposed rezoning may be considered a logical expansion of the existing "CG -2" General Commercial District contained on La Palmera Mall, the proposed zoning does not provide a transition to lower intensity found on property to the west in the residential neighborhood. A zoning map amendment to the "CG -2" District for all of the property along Holmes Drive could have a negative impact upon the abutting neighborhood. Staffs opinion is that a 50 -foot strip of "CN -1" Neighborhood Commercial District zoning along Holmes Drive would protect the existing neighborhood from uses that are permitted in the "CG -2" General Commercial District. In addition, the Buyer has proposed to deed restrict the property frontage along Holmes Drive by including a 10 -foot wide landscaped buffer, to setback any future buildings along Holmes Drive at a ratio of two foot of setback for each one foot of building height and, to not place any commercial driveways on Holmes Drive. The Buyer has also agreed to deed restrict the property for certain uses such as bars, taverns, pubs, nightclubs, discotheques and pool halls. ALTERNATIVES: 1. Approve the recommendation of Staff and Planning Commission. 2. Approve the applicant's request to "CG -2" General Commercial District. (requires 3/4 vote) 3. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use Plan's designation of the property for High -Density Residential uses. 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 Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application The City of Corpus Christi ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 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 -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2, and on Tuesday, November 15, 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 Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. on behalf of The City of Corpus Christi ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2 (Zoning Map No. 043036), as shown in Exhibits "A", "B", "C" and "D". Exhibits A and C, which are metes and bounds descriptions of Tract 1 and Tract 2 of the Property, and Exhibits B and D, which are maps to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\Legistar\2016 CC Agenda Items\11-15-16\Zoning\1016-05 Mt. Vernon\NewOrdinance-CG-2 and CN-1.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor RBAN ENGINEERING Tract 1 5.68 Acre CG -2 Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43062.B6.00 November 7, 2016 Fieldnotes, for a 5.68 Acre Tract, of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a map of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas; said 5.68 Acre Tract being more fully described by metes and bounds as follows: Beginning, at a 518 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block 1, La Palmera Mall, a map of which is recorded in Volume 67, Page 258-263, of the said Map Records, the South corner of the said Public Park and this Tract; Thence, North 61°22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of Block 9, Mt, Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot 15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corngr. of Lot 16 and Lot 17, said Block 9, at 393.11 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of the said Lot 17 and Lot 18, said Block 9, in all 410.45 Feet, for the West corner of this Tract and the beginning of a non -tangent curve to the Right, having a delta of 04°08'05", a radius of 2837.83 Feet, an arc length of 204.78 Feet, and a chord which bears North 32°23'17" East, 204.73 Feet; Thence, with the said non -tangent curve to the Right, 204.78 Feet, for the beginning of a non - tangent curve to the Left, having a delta of 05°49'16", a radius of 3857.83 Feet, an arc length of 391.95 Feet, and a chord which bears North 31°34'04" East, 391,78 Feet; Thence, with the said curve to the Left, 391.95 Feet, to the Southwest boundary of a 0.2428 Acre Right -of -Way Easement, as described in Document No. 2003001406, of the Official Public Records of Nueces County, Texas, for the North corner of this Tract; Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right -of -Way Easement, 411.44 Feet, for the Northeast corner of this Tract, from whence a 5/8 Inch Iron Rod Found, for the North corner of the said Lot 2, bears North 28°38'09" East, 1.43 Feet;, Thence, South 28°38'09" West, 17,57 Feet, for the beginning of a non -tangent curve to the Right, having a delta of 05°51'03", a radius of 2783.79 Feet, an arc length of 284.27 Feet, and a chord which bears South 31°34'04" West, 284.14 Feet; Thence, with the said curve to the Right, 284.27 Feet, for a corner of this Tract and the beginning of a non -tangent curve to the Left, having a delta of 04°36'14", a radius of 3911.83 Feet, an arc length of 314.33 Feet, and a chord which bears South 32°09'53" West, 314.25 Feet; S:1Surveying1430621360010FFICE\METES AND BOUNDSICO-2_4306213600_20161107.doc Page I of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 Thence, with the said non -tangent curve to the Left, an arc length of 314.33 Feet, to the Point of Beginning, containing 5.68 Acres (247,416 Sq. Ft.) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this freldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. QEGRFO .JAM'ES ... QAlfl. ,AR CR 6458 •''9O O‘P� Q i ., FESS\ — 7 James D. Carr, R.P.L•S. License No. 6458 S:1Surveying1430621B600\OFFICE\METES AND BOUNDS\CG-2_43062B600_20161107.doc Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit A FAX (361)854-6001 3/4 Inch Iron Pipe Found • 5/8 Inch Iron Rod Found 5/8 Inch Iron Rod with plastic cap stamped URBAN ENGR CCTX" Set Brister • 5/8 Inch Iron Rod with yellow plastic cap stamped "BRISTER SURVEYING" Found ▪ Drill Hole Found A =4'08'04" R=2837.83' L=204.78' T=102.43' CB=N3223'17"E CL=204.73' A =5'49'16" R=3857.83' L=391.95' T=196.14' CB=N3114'O E CL=391.78' M0q P or, o Ss4• w Og01 2, �ar� 599, `c 95. Called 1.508 Acres (Surveyed by Others) Brister 5.68 Acre (247,416sf) Public Pork Mt. Vernon Subdivision Unit 3 Vol. 19, Pg. 84, Map Records of Nueces County, Texas (Owner, City of Corpus Christi) Mt. /o NU // // // U.E. // (Vol. 19, Pg. 83, Brister / Brister // /5 4 / azo' u.E. (Vol. 19, Pg. 83, C.T.) \/ J `// 6 A// N FC °gym qS/ / // / / Poor of Beginning '54; 0 0 � Q7/ `o A =4'36'14" R=3911.83' L=314.33' T=157.25' CB=S32'09'53"W CL=314.25' (8=4'35'44" R=3911.84' L=313.75' 1=156.96') v M, 66, Ogre/S h\ h,S Qr e County Of Nueces City Of Cor. us Christi A=5'51'03" R=2783.79' L=284.27' T=142.26' CB=S31'35'08"W CL=284.14' Location Map N.t.s. (6=5'51'00„ 9=2783.79' L=294.23' 1=142.24') Exhibit Sketch to Accompany FIELDNOTES for a 5.68 Acre Tract, out of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a mop of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas. IIURBAN ENGINEERING 11SPE FIRM NO. 115. 751,5 NM NO. 10032100 • �o«Eb.aH.r" w"tea. DATE: November 7, 2016 SCALE: 1"=100' JOB NO.: 43062.B6.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl6Urbaneng.com 02016 by Urban Engineering Exhibit B Tract 2 0.68 Acre CN -1 Zoning Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43062.86.00 November 7, 2016 Fieldnotes, for a 0.68 Acre Tract, of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a map of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas; said 0.68 Acre Tract being more fully described by metes and bounds as follows: Commencing, at a 5/8 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block 1, La Palmera Mall, a map of which is recorded in Volume 67, Page 258-263, of the said Map Records, the South corner of the said Public Park and this Tract; Thence, North 61°22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of Block 9, Mt. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot 15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 16 and Lot 17, said Block 9, at 393.11 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of the said Lot 17 and Lot 18, said Block 9, in all 410.45 Feet, for the Point of Beginning; Thence, North 61°22'38" West, continuing with the Northeast line of the said Block 9, 50.02 Feet, to a 3/4 Inch Iron Pipe Found, on the Southeast line of Holmes Street (50 Foot Wide Right -of -Way), being the North corner of Lot 18, said Block 9, for the Southwest corner of the said Public Park and this Tract, and the beginning of a non -tangent curve to the Right, having a delta of 04°09'51' a radius of 2887.83 Feet, an arc length of 209.88 Feet, and a chord which bears North 32°22'25" East, 209.83 Feet; Thence, with the said non -tangent curve to the Right, 209.88 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the said Southeast line of Holmes Street, for the beginning of a non -tangent curve to the Left, having a delta of 05°47'07", a radius of 3807.83 Feet, an arc length of 384.49 Feet, and a chord which bears North 31°35'09" East, 384.32 Feet; Thence, with the said curve to the Left, at 70.43 Feet, pass a 3/4 Inch Iron Pipe Found, in all 384.49 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the West corner of a 0.2428 Acre Right -of -Way Easement, as described in Document No. 2003001406, of the Official Public Records of Nueces County, Texas, for the North corner of this Tract; Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right -of -Way Easement, 50.06 Feet, for the Northeast corner of this Tract, and the beginning of a curve to the Right, having a delta of 05°49'16", a radius of 3857.83 Feet, an arc length of 391.95 Feet, and a chord which bears South 31034'04" West, 391.78 Feet; S:1Surveying143062186001OFF10E\METES AND BOUNDS \CN_43062B60020161107.doc Page 1 012 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 Thence, with the said curve to the Right, an arc length of 391.95 Feet, for a corner of this Tract, and the beginning of a curve to the left having a delta of 04°08'04", a radius of 2837.83 Feet, an arc length of 204.78 Feet, and a chord which bears South 32°23' 17" West, 204.73 Feet; Thence, with the said curve to the Left, an arc length of 204.78 Feet, to the Point of Beginning, containing 0.68 Acres (29,778 Sq. Ft.) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:CSurveying143062186001OFFICEIMETES AND BOUNDSICN_43062B600_20161107.doc Page 2 oF2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Exhibit C FAX (361)854-6001 Leaen d: 3/4 Inch Iron Pipe Found • 5/8 Inch Iron Rod Found O 5/8 Inch Iron Rod with plastic cap stamped "URBAN ENGR CCTX" Set A=5'47'07" R=3807.83' L=384.49' T=192.41' CB=N3135'09"E CL=384.32' Brister • 5/8 Inch Iron Rod with yellow plastic cap stamped "BRISTER SURVEYING" Found + Drill Hole Found A=4'09'51" R=2887.83' L=209.88' T=104.99' CB=N32'22'25"E CL=209.83' 3640' of Point of Beginning A=5'49'16" R=3857.83' L=391.95' T=196.14' CB=S3134'04"W CL=391.78' Brister Public Park Mt. Vernon Subdivision Unit 3 Vol. 19, P0. 84, Map Records of Nueces County, Texas A=4'08'04" (owner: City of Corpus Christi) R=2837.83' L=204.78' T=102.43' CB=S32'23'17"W CL=204.73' 65, we R or; aOd es( Called 1.508 Acres (Surveyed by Others) // Brister /! //( 19 P9. 93, /// M.R.N_C.T.) / / / // /// 4'920' U.E. (Vol. 19, Pg. 83, Roister +° w. Re Mt. // // Point of / Commencement � M A � gre County Of Nueces City Of Cor.us Christi Location Map N.t.s. Exhibit Sketch to Accompany FIELDNOTES for a 0.68 Acre Tract, out of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a mop of which is recorded in Volume 19, Pages 84, of the Map Records of Nueces County, Texas. IIURBAN ENGINEERING 11SPE FIRM NO. 115. TEIPL5 NM NO. 10032100 • as 2. ,Mo w.u2Z„ac. DATE: November 7, 2016 SCALE: 1"=100' JOB NO.: 43062.B6.00 SHEET: 1 of 1 DRAWN BY: XG urbansurveyl6Urbaneng.com 02016 by Urban Engineering Exhibit D Ordinance amending the Unified Development Code ("UDC"), upon application by Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc., on behalf of The City of Corpus Christi ("Owner"), by changing the UDC Zoning Map in reference to a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, from the "RS -6" Single -Family 6 District to the "CG -2" 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 The City of Corpus Christi ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 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 -2" General Commercial District on Tract 1, and to the "CN -1" Neighborhood Commercial District on Tract 2, and on Tuesday, November 15, 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 Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. on behalf of The City of Corpus Christi ("Owner"), is amended by changing the zoning on a 6.36 acre tract, out of a 7.245 acre public park, Mt. Vernon Subdivision Unit 3, located on the southeast corner of McArdle Road and Holmes Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District (Zoning Map No. 043036), as shown in Exhibit "A". Exhibit A, which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan also known as Plan CC, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-05 Mt. Vernon\Council Documents\Ordinance-CG-2.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor co .45 W Yco O Ca Yy P YN .T 'W NN ANDOVER DR Yy CG -2 ii MT'VERNON■DR OLMES DR' 400 800 Feet 0 CG=2 CG -2 Date Created: 10/412616 Prepared By: IvetfeM Department of Development ServbLes CASE: 1016-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily I RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family 6 R5-4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate 115-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 9:2,400 S PR BJECT ]PERTY LOCATION MAP City us Christi Exhibit A Aerial Overview I N Aerial At N Staff Recommendation Tract 1: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and in lieu thereof approval of the "CN -1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line (See Tract Exhibit) and the following deed restrictions: Deed Restrictions o Landscape Buffer Yard of 10 foot in width with one 2 1/2" caliper tree for every 30 linear feet of buffer yard o Building Height: Buildings along Holmes Drive shall utilize a building setback based on Section 4.2.8.0 of the Unified Development Code, calculated as [(height to plate — 12') x 2], and such building setback shall be measured from the west property line/east ROW line along Holmes Drive. o Driveways: No driveways onto Holmes Drive as long as the west side of Holmes Drive is occupied by residential uses. o Uses: No bars, taverns, pubs, nightclubs, discotheques or pool halls are allowed on the subject property. PLANNING COMMISSION FINAL REPORT Case No. 1016-05 HTE No. 16-10000023 Planning Commission Hearing Date: November 2, 2016 Applicant & Legal Description Applicant/Owner: Corpus Christi Retail Venture, LP and Corpus Christi Area Council for the Deaf, Inc. Representative: John Bell Legal Description/Location: Mt. Vernon Subdivision Unit 3, 6.36 acres out of a 7.245 acre public park, located on the southeast corner of McArdle Road and Holmes Drive. Zoning Request From: "RS -6" Single -Family 6 To: "CG -2" General Commercial District Area: 6.36 acres Purpose of Request: To continue the Council for the Deaf Center and for business and commercial uses, including parking for La Palmera Mall Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 Park and Public Semi -Public High -Density Residential and Public Semi -Public North "RS -6" Single -Family 6 and "ON" Office Medium Density Residential and Park Mixed Use and Open Space South "RS -6" Single -Family 6 and "CG -2" General Commercial Low Density Residential and Commercial Medium -Density Residential and Commercial East "RS -6" Single -Family 6 and "RS -4.5" Single- Family 4.5 Commercial Commercial West ""RS -6" Single -Family 6 Low Density Residential Medium -Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southeast Area Development Plan and is designated in the Plan CC Future Land Use map for High -Density Residential and Public Semi - Public uses. The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use Map or with the policies in the Southeast Area Development Plan. Map No.: 043036 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 470 feet of street frontage along McArdle Road, which transitions from a Primary Collector street to a Minor Arterial street at the approach to the mall. The subject property also has approximately 600 feet of frontage on Holmes Drive, a Local street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) McArdle Road "C3" Primary Collector transitioning tog5' "A1" Minor Arterial 75' ROW 50' paved ROW 64' paved ROW 70' to 85' 55' to 65' paved 33,360 ADT Holmes Drive Local N/A 50' ROW 28' paved N/A Staff Summary: Requested Zoning: Mount Vernon Park was approved in the 2014 City election as a park that could be sold. The City has received a contract from a potential buyer containing several conditions. One of the conditions for the sale of the property is for the Buyer to submit a rezoning request to obtain "CG -2" General Commercial District zoning " or any other zoning classification agreeable and acceptable to Buyer." The contract also states that the buyer is willing to prohibit the use of the property for "...a bar, tavern or pub, nightclub, discotheque or pool hall". Development Plan: The applicant (the Buyer) is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District to allow continued use of the Council for the Deaf Center, for parking to serve the adjacent La Palmera Mall, and for business and commercial uses excluding a bar, tavern or pub, nightclub, discotheque or pool hall. In addition to the uses identified in the sales contract as excluded, the "CG -2" General Commercial District allows a wide variety of commercial uses by right, including parking, retails sales uses, offices, restaurants, services uses, auto repair, vehicle sales, hotel and motel uses. The "CG -2" General Commercial District requires a 20 foot front yard setback adjacent to McArdle Road and Holmes Drive. A height setback would be required adjacent to the single-family homes to the south of the property at two feet for every one foot of building height per Section 4.2.8. It does not apply to the west since the Subject Property is "adjacent" to a street and not a residential property line. Existing Land Uses & Zoning: The subject property is vacant except for the Council for the Deaf Center parking lot, two Council for the Deaf Center buildings and a small park playground and backstop. The property is zoned "RS -6" Single -Family 6 District which requires 6,000 square foot minimum lot sizes, a 25 foot front yard setback on McArdle Road and Holmes Drive and a five-foot interior side yard and rear yard setback. A height limitation of three -stories or 35 feet is required. Land use and zoning surrounding the Subject Property to the North across McArdle Road, is Lions Neighborhood Park with "RS -6" Single -Family 6 District zoning and medium density residential uses with "ON" Office District zoning. South of the subject property is a residential subdivision with five single-family homes zoned with the "RS -6" Single -Family 6 District and a parking lot for La Palmera Mall zoned with the "CG -2" General Commercial District. East of the subject property is a parking lot for La Palmera Mall and zoned with the "CG -2" General Commercial District. To the West across Holmes Drive is a residential subdivision zoned with the "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southeast Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is not consistent with the adopted Plan CC Future Land Use Plan's designation of the property for High -Density Residential uses. Additionally, the following are pertinent elements of the Plan CC and the Area Development Plan that should be considered: - Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, retail and services. This critical mass will then stimulate self-sustaining activities. (Plan CC, The Principles, page 15) - Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Plan CC, Element 7, Strategies, 10.) - Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Plan CC, Element 7, Strategies, 11.) - Noise impacts from non-residential uses should be reduced by creating a buffer open space between the two areas. Such spaces may be landscaped areas, a street, a screening fence, larger setbacks, etc. These methods can be used singularly but are usually most effective when applied in combination to provide the desired effect (Southeast Area Development Plan. Policy Statement B.2.b) - Place low intensity activities next to single family uses. (Southeast Area Development Plan, Policy Statement B.2.c) - Mt. Vernon Park is listed as a park to be "re -purposed" in the adopted 2012 Parks and Recreation Master Plan. Selling of the park for redevelopment is therefore, consistent with the City's Park and Recreation Master Plan however, the plan did not specify a future use for the park. Plat Status: The subject property is platted as a dedicated City park and will need to be replatted before a building permit is issued. Department Comments: • The proposed rezoning deviates from the Future Land Use map: o The City's Future Land Use Plan map designates the area for a High -Density Residential and public semi-public uses. o The "CG -2" General Commercial District is designed for high intensity commercial uses that are not compatible with low density residential uses of the "RS -6" Single -Family District. o Uses in the "CN -1" Neighborhood Commercial District are designed to be compatible and serve nearby neighborhood shopping needs. A portion of the Subject Property zoned with the "CN -1" District would help to mitigate any future negative affect from the more intensive "CG -2" General Commercial District. • A goal of the City's 2012 Parks and Recreation Master Plan and approved by the 2014 Bond Election is to repurpose Mt. Vernon Park. • A buffer yard and 1:2 foot building height setback would be required on the south edge of the Subject Property where adjacent to single-family used properties. The buffer yard and building height setback are not required along Holmes Drive since the Subject Property is adjacent to a right-of-way line and not a private property line. • The Buyer has proposed to deed restrict the property frontage along Holmes Drive by including a 10 foot wide landscaped buffer, to setback any future buildings along Holmes Drive at a ratio of two foot of setback for each one foot of building height and, to not place any commercial driveways on Holmes Drive. The Buyer has also agreed to deed restrict the property for certain uses such as bars, taverns, pubs, nightclubs, discotheques and pool halls. • In summary: o The proposed rezoning is not consistent with the Future Land Use map although the repurposing of Mt. Vernon Park is a goal of Plan CC. o While the proposed rezoning maybe considered a logical expansion of the existing "CG -2" General Commercial District contained on La Palmera Mall, the proposed zoning does not provide a transition to lower intensity found on property to the west in the residential neighborhood. o A portion of the Subject Property next to the mall is suitable for the proposed uses allowed in the "CG -2" General Commercial District. o A zoning map amendment to the "CG -2" District for all of the property along Holmes Drive could have a negative impact upon the abutting neighborhood. • Staff's opinion is that a 50 foot strip of "CN -1" Neighborhood Commercial District zoning along Holmes Drive would protect the existing neighborhood from uses that are permitted in the "CG -2" General Commercial District. • The "CN -1" Neighborhood Commercial District would also serve the Buyer as the District permits parking for shopping center uses (the Mall) as well as a wide variety of retail and service uses. Planning Commission and Staff Recommendation: Tract 1: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District except for that portion of the tract abutting Holmes Drive and extending to a depth of 50 feet measured from the Holmes Drive right-of-way line. (See Tract Exhibit) Tract 2: Denial of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and in lieu thereof approval of the "CN -1" Neighborhood Commercial District for that portion of the property abutting Homes Drive to a depth of 50 feet measured from the Homes Drive right-of-way line (See Tract Exhibit) and the following deed restrictions: o Landscape Buffer Yard of 10 foot in width with one 2 1/2" caliper tree for every 30 linear feet of buffer yard o Building Height: Buildings along Holmes Drive shall utilize a building setback based on Section 4.2.8.0 of the Unified Development Code, calculated as [(height to plate — 12') x 2], and such building setback shall be measured from the west property line/east ROW line along Holmes Drive. o Driveways: No driveways onto Holmes Drive as long as the west side of Holmes Drive is occupied by residential uses. o Uses: No bars, taverns, pubs, nightclubs, discotheques or pool halls are allowed on the subject property. Vote Results For: 7 Against: 0 Absent: 2 Public Notification Number of Notices Mailed — 37 within 200 -foot notification area 4 outside notification area As of November 2, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 0.22% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Tracts 1 and 2 Map 3. Application 4. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1016-05 Mt. Vernon\Council Documents\Report for CC_Revised with Plan CC.docx co .45 W Yco O Ca Yy P YN .T 'W NN ANDOVER DR Yy CG -2 o�n► ii MT'VERNON■DR OLMES DR' 400 800 Feet 0 CG=2 CG -2 Date Created: 10/412616 Prepared By: IvetfeM Department of Development ServbLes CASE: 1016-05 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily I RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay R5-10 Single -Family 10 R5-6 Single -Family 6 R5-4.5 Single -Family 4.5 RS -TF Two -Family R5-15 Single -Family 15 RE Residential Estate 115-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Map Scale: 9:2,400 S PR BJECT ]PERTY LOCATION MAP City Christi Exhibit: Tracts 1 and 2 50' of CN -1 in E 0 10' buffer by deed restriction McArdle Rd. Tract 1 !6.-1Dooco , us e& R,s� r{,=- N• 1..) co ,�PC 1852 Development Services Dept. P.O. Box 9277 Corpus Christ+, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street REZONING APPLICATIONd >, 0ctober 16 D al 0 E 0 Case No.: 1016-05 Map No.: 043036 19, 2016 Hearing Date: 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. Corpus Christi Retail Venture, LP and John D. Bell 1. Applicant: Corpus Christi Area Council for the Deaf, Inc. Contact Person Mailing Address do 615 N. Upper Broadway, Suite 1100 Corpus Christi 78401 361 888-9201 City p State. ZIP. Phone ( ) E-mail Cell. ( 361 ) 877-8393 2. Property Owner(s). City of Corpus Christi, Texas Contact Person : Stacie Talbert Anaya Mailing Address' P. 0. Box 9277 City. Corpus Christi State: TX zip: 78469Phone: ( 361 ) 826-3460 E-mail.— Cell: ( 361 813-3183 3. Subject Property Address 5151 McArdle Area of Request (SF/acres): 6.36 acres Current Zoning & Use RS -6 Proposed Zoning & Use CG -2 12 -Digit Nueces County Tax ID- N_A __ __ Subdivision Name Mt. Vernon Subdivision Unit 3 Block Lot(s). Legal Description if not platted. 6.36 acres out of Mt. Vernon Subdivision Unit 3 (attached) 4. ittal Requirements SubEarly Assistance Meeting: Date Held Disclosure inconsistent exhibit `` __ (e .,a - I lP , with City Staff A c- n % k04-- \-/ a ink -12-Q ❑ Land Use Statement 0 of Interest • Copy of Warranty Deed IF APPLICABLE leak Hour Trip Form (if request is landowner with Future Land Use Plan) ❑ Site Plan for PUD or Special Permit ❑ Metes & Bounds Description with if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization is not signing this form ■ Appointment of Agent Form if I certify that I have provided the City of Corpus as or on behalf of the Christi with a complete application for review; that I am authorized to initiate this rezoning Property Owner(s); and o et' rovided is accurate. Owner or Agent's Signature Owner or Agent's Printed Name Applicant's Signature Andrew Wilson Scott E. Landreth licant' Print d a e For crpus �Lhns�fi Bial Venture, LP For Council for the Deal //�� Office Use Only: Date Received U/11 /1(0 Received By: ADP Rezon,ng Fee:a 6 9, �� +PUD Fee + Sign Fee . fD = Total Fee i, 7/ - 50 No, Signs Required _ z_._@ $10/sign Sign Posting Date: l K.IDEVEI.OPMENTSVC515HAREDLLANO OEVELOPMENTl4PPLJCATION FORMSIREZONINGIZONING APPLICATION 2615 000 Form Revised 5.1212015 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 currently is used as a park and as the location of the Corpus Christi Area Council for the Deaf Center. The intended use of the property is for continued use of the Council for the Deaf Center, for parking to serve the adjacent La Palmera Mall, and for business and commercial uses excluding a bar, tavern or pub, nightclub, discotheque or pool hall. 2_ Identify the existing land uses adjoining the area of request: North - RS -6 and ON South - RS -6 and CG -2 East - CG -2 West - RS -6 C 1U5ER55TANYAR 4OD\DESKTOPSOAILY USE ANNIKA LAND USE STATEMENT FOR ZONING.00C 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. Evert question must be answered. If the question is not applicable, answer with "NA". NAME: Corpus Christi Retail Venture, LP STREET: c/o 615 N. Upper Broadway CITY: Corpus Christi ZIP: 78401 FIRM is:OCorporation ()Partnership ()Sole Owner °Association ()Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) none 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title none 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee none 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Andrew Wilson Title: U 4. - (Print Name) .�- Signature of Certifying Perso Date: K IDEVELOPMENT5VCS15HAREOILAND OEVELOPMENTViPPLICATION FORMS REZONINO5OISCLOSLIRE OF INTERESTS 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: Corpus Christi Area Council for the Deaf, Inc. STREET: c/o 615 N. Upper Broadway CITY: Corpus Christi ZIP: 78401 FIRM is:°Corporation °Partnership °Sole Owner OAssociation 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 Job Title and City Department (if known) none 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title none 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee none 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Scott E. Landreth (Print Name) Signature of Certifying Person: Title: Authorized Agent Date: s--1/2/70/ {,„ K.10EVELOPMENTSVCSISHAREOILANO OEVELOPMENTIAPPLICATION FORMS4RE2ONINGOISCLOSURE OF INTERESTS STATEMENT 5.12.2015,00C 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: City of Corpus Christi STREET: 1201 Leopard Street CITY: Corpus Christi ZIP: 78401 FIRM is:OCorporation °Partnership ()Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name none Job Title and City Department (if known) 2, State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title none 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee none 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: City Manager (Print Name) Signature of Certifying Person: Date: K E'V .LOPMENTSVCSISHARE?'..AND DEVELOPMEN11APPLICATION FORMSIREZONING1OISCLOSURE OF INTERESTS STATEMENTS 12 2015 DOC Exhibit A 6.36 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43062.0000 May 17, 2016 Fieldnotes, for a 6.36 Acre Tract, out of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a map of which is recorded in Volume 19, Pages 84, of the Map Records of Nucces County, Texas; said 6.36 Acre Tract being more fully described by metes and bounds as follows: Beginning, at a 518 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block 1, La Palmera Mall, a map of which is recorded in Volume 67, Page 258-263, of the said Map Records, the South corner of the said Public Park and this Tract; Thence, North 61°22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of Block 9, MI. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot 15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 16 and Lot 17, said Block 9, at 393.23 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of the said Lot 17 and Lot 18, said Block 9, in all 460.47 Feet, to a 34 Inch Iron Pipe Found, on the Southeast line of Holmes Street (50 Foot Wide Right -of -Way), being the North corner of Lot 18, said Block 9, for the Southwest corner of the said Public Park and this Tract, and the beginning of a non -tangent curve to the Right, having a delta of 04°09'51", a radius of 2887.83 Feet, an arc length of 209.88 Feet, and a chord which bears North 32°22'25" East, 209.83 Feet; Thence, with the said non -tangent curve to the Right, 209.88 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the said Southeast line of Holmes Street, for the beginning of a non -tangent curve to the Left, having a delta of 05°47'07", a radius of 3807.83 Feet, an arc length of 384.49 Feet, and a chord which bears North 31°35'09" East, 384.32 Feet; Thence, with the said curve to the Left, at 70.43 Feet, pass a 3/4 Inch Iron Pipe Found, in all 384.32 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the West corner of a 0.2428 Acre Right -of -Way Easement, as described in Document No. 2003001406, of the Official Public Records of Nucces County, Texas, For the North corner of this Tract; Thence, South 64°05'01" East, with the Southwest line of the said 0.2428 Acre Right -of -Way Easement, 461.50 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the common line of the said Lot 2 and the said Public Park, being the South corner of the said 0.2428 Acre Right -of -Way Easement, for the Northeast corner of the this Tract, from whence a 5/8 Inch Iron Rod Found, for the North corner of the said Lot 2, bears North 28°38'09" East, 1.43 Feet; S 1Surrc3 ioaU3062100001Ot FIcrusi T1.S AND BOUNDS Mn_430620000.20160223 1'agc 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm U 10032400 FAX (361)854-6001 Thence, South 28°38'09" West, 17.57 Feet, with the said common line, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for an East corner of this Tract, and the beginning of a curve to the Right, having a delta of05°51'03", a radius of 2783.79 Feet, an arc length of 284.27 Feet, and a chord which bears South 31°35'08" West, 284.14 Feet; Thence, with the said common line and the said curve to the Right, at 11.01 Feet, pass a 5/8 Inch Iron Rod with yellow cap stamped "BRISTER SURVEYING" Found, in all 284.27 Feet, to a 5/8 Inch Iron Rod Found, on the said common line, for the beginning of a curve to the Left, having a delta of 04°36'14", a radius of 3911.83 Feet, an arc length of 314.33 Feet, and a chord which hears South 32°09'53" West, 341.25 Feet; Thence, with the said curve to the Left, 314.33 Feet, to the Point of Beginning, containing 6.36 Acres (277,194 Sq. Ft.) of Land, more or less. Bearings based on GPS, NADS3, State Plane Coordinate System, Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirely, in its original fors, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tri.- prescribed herein. AN ENGI ERI G James D. Carr, R.P.L.S. License No. 6458 VL S ISurvcyiugl96461135001O f IC:1METt'S AND UOL NI)S10096.1613500 1.05 Ac 20160126 P igc 2 of 2 (361)854-3101 2725 SWANTNER DR. CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm it 145 • TBPLS Firm t! 10032400 FAX (361)854-6001 URBAN ENGINEERING 1 J Exhibit A 6.36 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 43062.0000 May 17, 2016 Fieldnotes, for a 6.36 Acre Tract, out of a 7.245 Acre Public Park, Mt. Vernon Subdivision Unit 3, a [trap of which is recorded in Volume 19, Pages 84, of the Map Records of Nucces County, Texas; said 6.36 Acre Tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod Found, for an inner ell corner of Lot 2, Block I, La Palmera Mall, a map of which is recorded in Volume 67, Page 258-263, of the said Map Records, the South corner of the said Public Park and this Tract; Thence, North .61'22'38" West, with a Northeast line of the said Lot 2 and the Northeast line of Block 9, Mt. Vernon Subdivision Unit, a map of which is recorded in Volume 19, Page 84, of the said Map Records, at 203.88 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 14 and Lot 15, said Block 9, at 330.16 Feet, pass a 5/8 Inch Iron Rod Found, for the common corner of Lot 16 and Lot 17, said Block 9, at 393.23 Feet, pass a 5/8 Inch Iron Rod Found, for the commoncorner of the said Lot 17 and Lot 18, said Block 9, in all 40,47 Feet, to a 3/4 Inch Iron Pipe Found, on the Southeast line of Holmes Street (50 Foot Wide Right -of -Way), being the North corner of Lot 18, said Block 9, for the Southwest corner of the said Public Park and this Tract, and the beginning of a non -tangent curve to the Rr ihit having a delta of 04'09'51", a radius of 2887,83 Feet, an arc length of 209.88 Feet, and a chord which bears North 32°22'25" East, 209.83 Feet; -- Thence, with the said non -tangent curve to the Right, 209.88 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the said Southeast line of Holmes Street, for the beginning of a non -tangent curve to the Left, having a delta of 05°47'07", a radius of 3807.83, Feet, an arc length of 384.49 Feet, and a chord which bears North 31°35'09" East, 384.32 Feet; Thence, with the said curve to the Left, at 70.43 Feet, pass a 3/4 Inch Iron Pipe Found, in all 384.32 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for the West corner of a 0.2428 Acre Right -of -Way Easement, as described in Document No. 2003001406, of the Official Public Records of Nueces County, Texas, for the North corner of this Tract; Thence, South 64°05'0I" East, with the Southwest line of the said 0.2428 Acre Right -of -Way Easement, 461.50 Feet,to a 8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, on the common line of the said Lot 2 and the said Public Park, being the South corner of the said 0.2428 Acre Right -of -Way Easement, for the Northeast corner of the this Tract, from whence a 5/8 Inch Iron Rod Found, for the North corner of the said Lot 2, bears North 28°38'09" East, 1.43 Feet; S Isurvcying1430621000010FFICC\METES AND ©OUNDSIME3. 430620000 20160223 Pagc l of (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbanena.corn TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 LI" Thence, South 28°38'09" West, I7.57 Feet, with the said common line, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CC TX" Set, for an East corner of this Tract, and the beginning of a curve to the Right. having a delta of 05°51'03", a radius of 2783.79 Feet, an arc length of 24.27..eet, and a chord which bears South 31°35'08" West, 284.14 Feel; Thence, with the said common line and the said curve to the Right, al 11.01 Feet, pass a 5/8 Inch Iron Rod with yellow cap stamped "BRISTER SURVEYING" Found, in all 284.27 Feet, to a 5/8 Inch Iron Rod Found, on the said common line, for the beginning of a curve to the Left, having a delta of 04°36'14", a radius of_3911.83 Feet, an arc length of 314.33 Feet, and a chord which bears South 32°09'53" West, 341.25 Feet. Thence, with the said curve to the Left, 314.33 Feet, to the Point of Beginning, containing 6.36 Acres (277,194 Sq. Ft.) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinate System, Texas South Zone 4205. Unless this fielduate description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of 1r .�, e escrihed herein. I ANEN{GI IYVV � E James D. Carr, R.P.L.S. License No. 6458 51Sun•cying1964611350010FFICEIMETES AND aOUNDSM964613500 I OS Ac_20160I26 Page 2 oft (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 041. Commitment: 411111 MOW 1ar born. CI .I1. IR111171f Inn NU Imo, 1. 2024 nod 11••• Font, I. 0eta, Itn) 4• .. 4._I 14.1 r 14. �TSr C .1 M• 111 wan• Si as wmw,r1mom 1 r•raW•r /•w. I Y M �•• MP 2M� . A. 1•Irn•rI non �not 0.4 49441 Ft 'Y •L II 0. 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SFFC' ..I 1 1.r....•m.•.. 64....1.1. 1•v -.•'L Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, eiue tienen la intention de asistir a este junta v que requieren servicios especiales, se les suplica que den aviso 48 I horas antes de la junta Hernando al deoartamento de servicios de desarrollo, al numero (361 } 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante Ia junta y su ingles es limitedo, favor de !lamer al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de Ia junta para solicitar un interprete ser nresente durante la {junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1016-05 The City of Corpus Christi is considering a change of zoning from the "RS -6" Single -Family District District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from high density residential and government uses to commercial and government uses. The property proposed to be rezoned is described as: Mt. Vernon Subdivision Unit 3, 6.36 acres out of a 7.245 acre public park, located on the southeast corner of McArdle Road and Holmes Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification, a Special Permit or additional conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 19, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277_ ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 4/4' ef-C- Address: 5149- ."174., I/ =' 71D 14 i' IF Vt City/State b h cS C, /1 h/S IN FAVOR ( ) IN OPPOSITION Phone: 3''/ -- 4,0 IS REASON: SEE MAP ON REVERSE SIDE Property Owner ID 3 HTE# 16-10000033 „c -/-2,e Signature Case No. 1016-05 Project Manager: Bob Payne f Persons with disabilities planning to attend this meeting, who may require special services, aie requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen Ia intencibn de asistir a esta junta y que reouieren servicios esoeciales, se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al Humero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriqirse a Ia commission durante la junta y su ingles es limitado, favor de Ilamar al deoartamento de servicios de desarrollo al ntlmero [361) 826-3240 al menos 48 horas antes de la junta para solicitar un interprete serpresente durante Ia junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1016-05 The City of Corpus Christi is considering a change of zoning from the "RS -6" Single -Family District District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map from high density residential and government uses to commercial and government uses. The property proposed to be rezoned is described as: Mt. Vernon Subdivision Unit 3, 6.36 acres out of a 7.245 acre public park, located on the southeast corner of McArdle Road and Holmes Drive. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification, a Special Permit or additional conditions. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 19. 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, S'ONED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRFTY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0, BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in t,Ti1`. pi cr.0 cat: :ai u"; Printed Name: L 1 Al MATE . l Address: figa ( ) 1N FAVOR VrrN OPPOSITION City/state Phone: REASON: • • Asteet;?tg tkeitirum tutni ° ncd a- 1 to SEE MAP ON REVERSE SIDE Property Owner ID. 23 HTE# 16-10000033 SignatL re Case No. 1016-05 Project Manager: Bob Payne AGENDA MEMORANDUM First Reading for the City Council Meeting of November 15, 2016 Second Reading for the City Council Meeting of December 13, 2016 DATE: TO: FROM: November 15, 2016 Margie C. Rose, City Manager Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Final Reimbursement of Election Services Overbilling CAPTION: Ordinance accepting payment from Nueces County in the amount of $73,616.52 as the final reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2016-2017 operating budget adopted by Ordinance 030965 to increase revenues by $73,616.52. PURPOSE: The purpose of this item is to accept and appropriate the second of two $73,616.52 reimbursements from Nueces County for overbilling of election services. BACKGROUND AND FINDINGS: In November of 2015, Nueces County Clerk, Kara Sands notified the City of Corpus Christi (City) that Nueces County (County) had completed an audit of the cost of election services billed to the City by the County from October 2012 through December 2014. The audit revealed that the County had overbilled the City $147,233.04 in elections services costs. The Nueces County Commissioners Court approved full repayment, in two equal installments. The $73,616.52 that is the subject of this memorandum is last of these two equal reimbursement installment payments. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Budget Department Finance Department FINANCIAL IMPACT: ❑ Operating Q Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $73,616.52 $0 $73,616.52 BALANCE $73,616.52 $0 $73,616.52 Fund(s): General Fund Comments: None. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE ACCEPTING PAYMENT FROM NUECES COUNTY IN THE AMOUNT OF $73,616.52 AS THE FINAL REIMBURSEMENT FOR ELECTION SERVICES OVERBILLING AND APPROPRIATING IN THE NO. 1020 GENERAL FUND; CHANGING THE FY 2016-2017 OPERATING BUDGET ADOPTED BY ORDINANCE 030965 TO INCREASE REVENUES BY $73,616.52 Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City of Corpus Christi accepts payment from Nueces County in the amount of $73,616.52 as the last of two equal reimbursement installment payments for election services overbilling; appropriating in the No. 1020 General Fund; and changing the FY 2016-2017 Operating Budget adopted by Ordinance 030965 to increase revenues by $73,616.52. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Michael Hunter Lucy Rubio Mark Scott Brian Rosas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Dan McQueen Joe McComb Carolyn Vaughn Greg Smith Rudy Garza Michael Hunter Lucy Rubio Paulette Guajardo Ben Molina PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 15, 2016 Second Reading Ordinance for the City Council Meeting of December 13, 2016 DATE: TO: October 18, 2016 Margie C. Rose, City Manager THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter©cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Ordinance accepting an amendment to the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000, and appropriation of the funds for the contract period October 1, 2016 through September 30, 2017; and ratifying acceptance of the grant agreement to begin October 1, 2016. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/TXHC) grant in the amount of $50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 1, 2016. PURPOSE: To provide funding for the Health Department to implement targeted and evidence -based community systems and environmental change strategies that address one or more of the following Texas Healthy Communities (TXHC) Priority Indicators: Indicator 1: Physical Activity Indicator 2: Nutrition Indicator 3: Breastfeeding Indicator 4: Schools Indicator 5: Worksites Indicator 6: Comprehensive Tobacco Control Indicator 7: Cardiac and Stroke Response Indicator 8: Health Care Quality The Health Department will also work with a local public/private planning group to plan and implement the identified strategies. BACKGROUND AND FINDINGS: The following performance measures will be used to assess, in part, the Health Department's effectiveness in providing services required by the grant: 1. Develop, complete and submit a Project Work Plan in conjunction with DSHS. The Work plan must include objectives with supporting activities that address indicators identified in the FY 2015 TXHC assessment as needing improvement. A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission date. The Project Work Plan draft must be submitted to DSHS on or before October 15, 2015 and the final Project Work Plan submission is due to DSHS on or before October 30, 2015. 2. Develop and submit an Evaluation Plan to DSHS. An Evaluation Plan Draft must be reviewed and approved by DSHS prior to the final version submission date. The Evaluation Plan Draft must be submitted on or before November 16, 2015 and the final Evaluation Plan version is due to DSHS on or before November 30, 2015. 3. Submit an Interim Progress Report Draft to DSHS for review on or before March 17, 2016. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2016. 4. Conduct, complete and submit the Texas Healthy Communities Assessment Draft in the Performance Management and Tracking System by May 16, 2016. DSHS will review and approve Draft submission prior to submission of final report in Performance Management and Tracking System (PMATS) on or before May 29, 2016. 5. Submit a Final Progress Report Draft to DSHS for review and approval on or before August 31, 2016. Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2016. 6. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 27th, March 31st, April 30th, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as directed by DSHS. ALTERNATIVES: Refuse the grant and not provide the services required under the grant. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin October 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: • •Operating • •Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $50,000 $50,000 BALANCE $50,000 $50,000 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract No. 2016-003808-00 Amendment #03 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept an amendment to a grant contract for the Health Promotions and Chronic Disease Prevention/Texas Healthy Communities (HPCDP/T(HC) grant in the amount of $50,000.00, increasing the total amount to $100,000.00, from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators for the amended contract period October 1, 2015, through September 30, 2017; appropriating the increased grant amount; and ratifying acceptance of the amended grant agreement to begin October 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept an amended grant amount of $100,000.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the amended contract period of October 1, 2015, through September 30, 2017, to provide funds to implement systems and strategies that address one or more Texas Healthy Communities priority indicators. Section 2: That the increased grant amount of $50,000.00, is appropriated in the No. 1066 Health Grants Fund to continue the HPCDP/TXHC grant in the Health Department. Section 3: The amendment includes revisions to Section 7 Statement of Work and Section VIII Special Provisions. Section 4: Further the City Council ratifies acceptance of the grant to begin as of October 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Michael Hunter Mark Scott Chad Magill Carolyn Vaughn Colleen McIntyre That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT #: 03 The Department of State Health Services (DSHS) and Corpus Christi-Nueces County Public Health District (Contractor) agree to amend Contract ID#2016.003808-00 (Contract), which was effective on October 1, 2015. This Contract has been amended twice prior to this Amendment. This amendment is denominated as 2016-003808-03. I. The Parties agree to amend Section 2 of this Contract to increase the total amount of Contract to ONE HUNDRED THOUSAND DOLLARS ($100,000.00). 11.. The Parties agree to amend Section 4 of this Contract to extend the end of the Contract term to September 30, 2017. Ill. The Parties agree to amend Section 7 of this Contract to add the following? Contractor Shall: 7. Develop, complete and submit a draft Project Work Plan for the period of October 1, 2016 through September 30, 2017. in conjunction with DSHS. The draft Work Plan must include objectives with supporting activities that address Indicators identified In the FY 2016 TXHC assessment as needing ImprovemenL A Project Work Plan Draft must be submitted, reviewed and approved by DSHS prior to the final version submission data. The draft Project Work Plan must be submitted to DSHS on or before October 17, 2016 and the final Project Work Plan submission is due to DSHS on or before October 31, 2016. 8. Develop and submit an Evaluation Plan to DSHS. A draft Evaluation Plan must be reviewed and approved by DSHS prior to the final version submission date. The draft Evaluation Plan must be submitted on or before November 16, 2016 and the final Evaluation Plan is due to DSHS on or before November 30, 2016. 9. Submit a draft Interim Progress Report for the period of October 1, 2016 — March 16, 2017 to DSHS for review on or before March 17. 2017. The Report will include summary of all items/activities conducted to date; detailed description of progress toward achieving objectives and activities; and barriers. Submission of the final Interim Report must fully address any feedback from DSHS based on the draft Interim Report and must be submitted on or before March 31, 2017. 10. Conduct, complete and submit the draft Texas Healthy Communities Assessment in the Performance Management and Tracking System by May 16, 2017. DSHS will review and approve the draft submission prior to submission of final report In Performance Management and Tracking System (PMATS) on or before May 31, 2017. 11. Submit a Final Progress Report Draft for the period of October 1, 2016 —August 31, 2017 to DSHS for review and approval on or before August 31, 2017. The report will include summary of all Items/activities conducted to date; detailed description of progress toward achieving objectives and activities; plans for sustaining activities once funding has ended; and barriers/lessons learned. Submission of Final Report must fully address any feedback from DSHS based on draft final report and must be submitted on or before September 14, 2017. 12. Participate in twelve (12) monthly feedback calls (monthly project status reports) with DSHS Program to be conducted on or before the following dates: October 31st, November 28th, December 31st, January 30th, February 28th, March 31st, April 301h, May 29th, June 30th, July 31st, August 31st, and September 30th. Contractor will submit written monthly reports as requested by DSHS. IV. The Parties agree to amend Section VIII. Special Provisions of this Contract to add the following: General Provisions, Article XXVII Non -Exclusive List of Applicable Laws is amended by deleting It in its entirely and replacing it with the following: Page 1 of 2 DEPARTMENT OF STATE HEALTH SERVICES AMENDMENT Si: 03 When applicable, federal statutes, regulations and/or federal grant requirements applicable to funding sources and any updates to such will apply to this Contract Contractor agrees to comply with applicable laws, executive orders, regulations and policies, as well as Office of Management and Budget (OMB) Circulars (as codified in Title 2, 200 of the Code of Federal Regulations (CFR) and 45 CFR 75) the Uniform Grant and Contract Management Act of 1981 (UGMA), Tex_ Gov. Code Chapter 783, and Uniform Grant Management Standards (UGMS), as revised by federal circulars and incorporated in UGMS by the Comptroller of Public Accounts, Texas Procurement and Support Services Division. UGMA and UGMS can be located through web links on the DSHS website at http://www.dshs.state,tx,us/contracts/links.shlm. Contractor also shall comply with all applicable federal and state assurances contained in UGMS, Part Ill, Stale Uniform Administrative Requirements for Grants and Cooperative Agreements §_.14. If applicable, Contractor shall comply with the Federal awarding agency's Common Rule, and the U.S. Health and Human Services Grants Policy Statement, both of which may be located through web links on the DSHS website at http:l/www.dshs.state.tx.us/contractsllinks.shlm. For contracts funded by block grants, Contractor shall comply with Tex. Gov. Code Chapter 2105. V. Except as provided in this Amendment, all other terms and conditions In the Contract will remain and be in full effect. VI. This Amendment is effective on October 1, 2016. By signing this Amendment, the undersigned certify that they have the authority to bind their respective party to this Amendment's terms and conditions. Department Of State Health Services Contractor By: By: Title: Title: Date: Date: Approved as to form Asci ailt rty For Cry Aoorney Page 2 of 2 1lIdILU o ina Irtualltararxs I Al/b114 - uoci.unent Page TEXAS Department of State Health Services My Nome MyContraGi4 R1ylnvoiCCs My Arc rives CHECK OLOHAL ERRORS tla Document Information Parent Information' { ,?5,-''01e- 'd4oB You ere here: > }7enewal Menu > Fom+s Many FISCAL FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATAI CERTIFICATION The codifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law, lithe Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S law Signor further agrees befit provide Immediate written notice to DSHS if at any time Signor learns that any of the cerilicatians provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section. Signor must provide written notice to DSHS detailing which of the below statements It cannot certify and why. Organization Name Corpus Christi•Nueces County Publ.c Health District (City) Address 1702 Homs Road 2 City Corpus Christi State Texas r Zip Coda (9 digin 78415 Payee Name City of Corpus Christ Address PO BOX 9277 City Corpus Christ State TX Zip Code (9 digit) 78469-9277 Vendorblentifiratlon No. 17460005741 MallCode 027 Payee DUNS No.1 has 069457786 1. Did your organization have a gross income, from all sources, of Athan $300,000 In your previous tax year? Yes No Identify contact persona for FFATA Correspondence FFATA Contact Person S1 Name' Constance Sanchez Ernatr ConstanceF®cclexas.com Telephone' (361) 8283227 FFATA Contact Person N2 Name' Email' Telephone Blandin Costley BlendineCecctexas,cam (361) 826.7252 As the authorized representative of the OrganizatIont I hereby certify that the statements made by me in this certification form are true, complete and caned to the best of my knowledge E -Signature Navigation Links Date Status Page Name Note Created By Last Modified By h $nc•iranronlc riche law= nn.ulilr.tariOcv.s7 venv9.r.dfe7M7rRerrnnDarw+! i ..nnl=11f1771tevn,ar1=1111778 in,. WOW 10 1ntonlurancs 1Auorto-uoctanentrage A 0 Racal Federal Fumanti Accountatabtv and Transparenav Act IFFATAI Cerlle;catron Slonntu p Paco Wilczynski, Jonah -DCPS 8116f201610:10:80 AM Wilczynski, Jonah - DCPS W16120161027:02 AM 10 Too of the Page %-.ter ,y ,r _.■..,�. re-a� 4a -rte* Powered by lntelllGronls71 — ' �" "- — T ".s LS Copynght 2000.2416 Agate 5o1 ware. Inc. hiledrilanniella riche Iwae eww41114erIPanlhar11fl 1116rrnn1r1a11f 7l in AGENDA MEMORANDUM First Reading for the City Council Meeting of November 15, 2016 Second Reading for the City Council Meeting of December 13, 2016 DATE: TO: October 31, 2016 Margie C. Rose, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3897 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: J. H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 CAPTION: Engineering Design Services Residential Reconstruction Test Projects Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects — Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of $97,764 for the design of Rogerson Drive. PURPOSE: The purpose of this Agenda Item is to obtain authority to execute two contracts for engineering design services for the design of Residential Reconstruction "Test" Projects with Freese and Nichols, Inc. for Rogerson Drive and Urban Engineering for Ralston Street. BACKGROUND AND FINDINGS: This is the first two Residential Street Reconstruction projects that provide the initial "Test" projects for the program. Staff will use these two projects to further refine the Residential Street Reconstruction Program including developing better pricing, street selection process and construction recapitalization strategies. These two streets were selected as test streets due to their condition and potential rehabilitation/reconstruction treatment alternatives. The scope of the project varies from major rehabilitation to full depth reconstruction. Both streets will receive new curb & gutter, sidewalks and ADA ramps on both sides with minimal underground utility and drainage improvements. This test project is anticipated to provide better pricing data and treatment alternatives for future Residential Street Reconstruction Program including the initial program implementation planned in the Bond 2016 election (if approved). This test project also provides additional analysis and considerations for the selection matrix for future candidate streets. Both streets are beyond their design life and require major lifecycle upgrades. Ralston is experiencing the worst deterioration with surface, base and subgrade failures and therefore likely requires full depth reconstruction. Rogerson is experiencing similar distress without complete failure of the base and subgrade that may allow re-use/recycling the existing base to achieve a full depth rehabilitation. The engineering and design will determine the level of repairs and final street pavement treatment. The subsequent bidding is planned for May/June 2017 timeline. The actual bid pricing will allow staff to refine the budget and the candidate selection with actual pricing data. The preliminary cost estimate for street construction and utility upgrades is $3.7 million. ALTERNATIVES: 1. Authorize execution of a contract for engineering design services. 2. Do not authorize execution of a contract for engineering design services. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Complies with statutory requirements for architectural and engineering contracts. This item requires a 2/3 majority vote as per City Charter requirements. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0 $3,900,000 $3,900,000 Encumbered / Expended Amount 0 0 0 This item 0 186,184 186,184 Future Anticipated Expenditures This Project 0 3,651,923 3,651,923 BALANCE $0 $61,893 $61,893 Fund(s): Comments: N/A RECOMMENDATION: City staff recommends this contract with Freese and Nichols in the amount of $97,764 for the Rogerson Drive project and Urban Engineering in the amount of $88,420 for the Ralston Avenue project. LIST OF SUPPORTING DOCUMENTS: Project Budget Contract — Freese and Nichols Contract — Urban Engineering Form 1295 — Freese and Nichols Form 1295 — Urban Engineering Location Map Presentation Page 1 of 2 Ordinance appropriating $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund for the Residential Reconstruction Test Projects — Ralston Avenue and Rogerson Drive; amending the FY 2017 Operating Budget adopted by Ordinance No. 030965; authorizing the City Manager, or designee, to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for design of Ralston Avenue and Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of $97,764. for the design of Rogerson Drive. WHEREAS, the City is working to develop a Residential Street Reconstruction Program and has identified the need for one or more test projects to better define the scope and costs of the program; WHEREAS, the City identified Ralston Avenue and Rogerson Drive as representative residential streets that could provide the necessary pricing data and treatment alternatives for further development of the future Residential Street Reconstruction Program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $2,500,000 from the Unreserved Fund Balance in No. 1042 Residential and Local Street Fund is appropriated for the Residential Reconstruction Test Projects. SECTION 2. The FY 2017 Operating Budget adopted by Ordinance No. 030965 is changed to increase expenditures in the amount of $2,500,000. SECTION 3. The City Manager or designee is authorized to execute a contract for engineering design services with Urban Engineering of Corpus Christi, Texas in the amount of $88,420 for the engineering design of Ralston Avenue from Staples to Alameda. SECTION 4. The City Manager or designee is authorized to execute a contract for engineering design services with Freese & Nichols, Inc. of Corpus Christi, Texas in the amount of $97,764 for the engineering design of Rogerson Drive from Sunnybrook to McArdle. @BCL@1 C0560BB Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@1 C0560BB Dan McQueen Mayor PROJECT BUDGET ESTIMATE Residential Street Reconstruction Program Rogerson Drive & Ralston Avenue E16270 & E16271 PROJECT FUNDS AVAILABLE: Residential/Local Street Fund FY 2015-2016 $ 2,500,000.00 Residential/Local Street Fund 2016-2017 1,400,000.00 TOTAL 3,900,000.00 FUNDS REQUIRED: Construction: Construction - Rogerson (estimate) 1,150,234.00 Contingecy (10%) 115,023.00 Construction - Ralston (estimate) 1,877,590.00 Contingecy (10%) 187,759.00 Design Fees: Preliminary Design (Freese) 37,317.00 Engineering Design (Freese)....THIS ITEM 97,764.00 Preliminary Design (Urban) 21,000.00 Engineering Design (Urban)....THIS ITEM 88,420.00 Geotechnical Inspection - Rogerson Drive(Rock) 6,250.00 Geotechnical Inspection - Ralston Avenue(Rock) 6,250.00 Testing and Inspection: Construction Materials Testing - Rogerson (Estimate) 37,500.00 Construction Materials Testing - Ralston (Estimate) 37,500.00 Construction Inspection (estimate) 50,000.00 Reimbursements: Contract Administration (Engineering/Finance/Capital Budget) 62,500.00 Engineering Services (Project Mgt/Constr Mgt) 62,500.00 Misc. (Printing, Advertising, etc.) 500.00 TOTAL 3,838,107.00 ESTIMATED PROJECT BUDGET BALANCE $ 61,893.00 CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E16271 Ralston Avenue Improvements (Staples Street to Alameda Street) 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 Drive, 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 11 QUALITY CONTROL 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 6 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Page 1 Rev. 07/16 KIENGINEERING DATAEXCHANGE ANGIEMISTREETtiE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEOAIENGINEERING DESIGN URBANI2016 0718 CONTRACT PROFESSIONAL SERVICES, DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. 1.2 Consultant shall comply with City standards, as specified in the Unified Development Code (UDC) or Code of Ordinances at the time of the execution of the contract, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit F. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders in order to make an informed, written recommendation to City 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:SENGINEERING DATAEXCHANGEVWGIEMSTREET1E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN12016071S CONTRACT PROFESSIONAL SERVICES DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $88,420. 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 DATAEXCH.ANGSANDIEMISTREERE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAM£DA'ENGINEERING DESIGN URBAN12016 0718 CONTRACT PROFESSIONAL SERVICES.DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). appr-eved-G14ae9es, 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 KIENGINEERING DATAEXCHANGE ANGIEMISTREETLE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URSAN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev 07/16 KIENGINEERING DATAEXCHANGEIANGIEMISTREET1E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDA',ENGINEERING DESIGN URBAN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its Page 6 Rev 07/16 KLENGINEERING DATAEXCHANGEIANGIEMISTREE71E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDALENGIN£ERING DESIGN URBAN120166718 CONTRACT PROFESSIONAL SERVICES DOC 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. 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 KIENGINEERING DATAEXCHANGEUWGIEMISTREE71E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN12016 0716 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. Page B Rev 07/16 KIENGINEERING DATAEXCHANGEVWGIEMISTREET'E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN12616 0718 CONTRACT PROFESSIONAL SERVICES DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to 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 Assianability. 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. Page 9 Rev 07/16 KIENGINEERING DATAEXCHANGEUINGIEMISTREETIE16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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 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:llwww.ethics.state.tx.uslwhatsnewlelf info farml295.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/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, Page 10 Rev 07116 K4ENGINEERING DATAEXCHANGEIANGIEMISTREET1E16271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEDAIENGINEERING DESIGN URBAN42016 0718 CONTRACT PROFESSIONAL SERVICES. DOC 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. 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 E INEERING J.H. Edmonds, P. E. Date Eugene C rban, Jr., P.E Director of Engineering Services 2725 Sw- • ner Drive Corpus Christi, TX 78404 (361) 854-3101 Office curban©urbaneng.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attorney Date ATTEST City Secretary Date Project No, E16271 Accounting Unit: 1042-12440-051 Account: 530000 Activity: E16271011042EXP Account Category: 30000 Fund Name; Residential/Local Street Fund Encumbrance No. Date Page 11 Rev 07/10 KAENGINEERING OATAEXCHANGE.ANGIEMYSTREETE76271 RALSTON AVENUE IMPROVEMENTS STAPLES TO ALAMEOAtiENGINEERING DESIGN URBAN12010 0710 CONTRACT PROFESSIONAL SERVICES 00C EXHIBIT A SCOPE OF SERVICES {Insert Proposal & Scope of Services from NE} Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Ralston Avenue — Staples to Alameda (Project Number E16271) I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer NE (also referred to as Consultant) will: a) Prcparc Powcrpoint presentation in City format for City Council Meeting. • c) meeti-n-gs to atte lees within five working days of the meeting. Provide scope of geotechnical testing requirements to the City's Geotechnical Consultant. provided by the City pertaining to the project area. c) Dcvclop prcliminary rcquircmcnts for utility relocathans replacements or upgrades. f) g) • potentialproject ds. Identify right of way acquisition requirements and illustrate on a schematic strip map. Prepare preliminary opinions of probable construction costs for the recommended improvements. that may have existing facilities and must relocated to accommodate the proposed improvements. i) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. j) Identify and analyze requirements of governmental authorities having jurisdiction to approvc dcsign of the Project including permitting, environmental, historical, Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. Identify and recommend public outreach and community stakeholder requirements. 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 way-regui ts, conformance to master plans, identification of needed consideration, existing used utilities, identification of quality and L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 1 of 9 Revised November 13, 2012 quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos. 3. Provide opinion of probable construction costs. jurisdiction to approve design of the Project including permitting, coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. on-cest sates toward City operations, which this project will affect. 6. Provide anticipated index of drawings and specifications. rn) Assimilate all review commcnts of the Draft Engineering Lcttcr Rcport and provide copies using City Standards as applicable) suitable for reproduction. n) Assist City in presenting summary of ELR findings to City appointed capital project oversight committee ham -responsible charge of vetting preliminary project design components prior to proceeding to project design phase. Prepare Powerpoint presentation, his and exhibits for meeting. Provide follow up and response to comments. City staff will provide one set only of the following information (as applicable): a) Record drawings, record information of existing facilities, and utilities (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) Applicable Master Plans and GIS mapping are available on the City's website. f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and on/v for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the NE will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11"x 17". EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc 1 Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, 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 full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. i) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. k) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). I) Provide traffic signal timing and modeling coordination for the traffic signals using City provided traffic and pedestrian counts The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc d) Traffic and pedestrian counts at all intersections and high pedestrian crossings in the study area e) Coordination assistance with the Downtown Management District during design or plan reviews 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. f) Prepare 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 NE) 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. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 5. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. NPDES b. Texas Department of Licensing and Regulation (TDLR) 6. All work must be tied to and conform with the City's Global Positioning System (GPS) control 11, Professional Surveyors' Li 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. Establish Horizontal and Vertical Control. to) Establish both primary and secondary horizontal/vertical control. s) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. 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. All control work will be established using conventional (non -GPS) methods. Perform topographic surveys to gather existing condition information. L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 g4 Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. 1214 Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. 14 Locate improvements within the apparent ROW. Locate and identify trees, at least five inches in diameter within the apparent ROW. k} Generate electronic planimetric base map for use in project design. 14 Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m4 Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 7 Right -of -Way (ROW) Acquisition Survey (To Be Determined). All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. Geotechnical Investigation. The geotechnical investigation will be provided by the City under separate contract. NE will coordinate and assist the City's geotechnical provider by developing the geotechnical scope of work for the project including a boring plan --- - - --- --, --- -, - - - - - - -- - The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of geotechnical data needed for the project. EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc Subsurface Utility Investigation. (To Be Determined) The subsurface utility investigation will be provided by the City under separate contract. A/E will coordinate and assist the City's subsurface utility engineering (SUE) provider by developing the SUE scope of work for the project including a SUE plan depicting location, depth, and total number of subsurface potholes and test holes required. A/E will assist in informing local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of subsurface utility engineering data needed for the project. a) Providc subsurfacc utility cnginccring in accordancc with ASCE Standard "ASCE C I, 38 02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limitcd to, hydro cxcavation. The propoccd cubcurfacc utility investigation will be as follows: Gas — Gas facilities within the project limits will be located to Quality Level C by the NE. The City of Corpus Christi Gas Department will provide Quality Level A. The NE will coordinate this activity. 10. Traffic Control. (To Be Determined) Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and sig nag e. 11. Public Involvement (To Be Determined). Participate in two neighborhood meetings Engineering Letter Report and one meeting shall be held prior to start of project construction. Preparation of notices and his for meetings will be provided by City. NE directed by the City. 12. Warranty Phase. (To Be Determined) Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 13. Construction Observation Services. To Be Determined EXHIBIT "A" Page 7 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc II. SCHEDULE Date Activity November 30, 2016 NTP February 16, 2017 60% Design Submittal March 3, 2017 City Review March 31, 2017 100% Final Submittal April 2017 Advertise for Bids April 2017 Pre -Bid Conference April 2017 Receive Bids May 2017 Contract Award July 2017 Begin Construction October 2017 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 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 in Section I.A.1-4, NE will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A/E's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. 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 A/E a not -to -exceed fee as per the table below: EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase $58,655.00 3. Bid Phase $3,270.00 4. Construction Administration Phase $13,495.00 Subtotal Basic Services Fees $75,420.00 Additional Services Fees (Allowance) 5. Permit Preparation NPDES $4,300.00 TDLR $5,250.00 6.Topographic Survey and Parcel Descriptions N/A 7. ROW Acquisition Survey N/A 8. Geotechnical Investigation N/A 9. Subsurface Utility Investigation N/A 10. Traffic Control To Be Determined 11. Public Involvement To Be Determined 12. Warranty Phase $3,450.00 13. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $13,000.00 Total Fee $88,420.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 L:\Resources\OLCR\C\Corpus Christi\COCC - Ralston Ave - Large AE\2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27!00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete 51,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% 56.000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2.000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 53,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other — specify: 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 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 insurance to City at the address provided below within 10 days of the requested change. 1 Rev 07/16 Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07/16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D lerla CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus City h 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 CITY: Corpus Christi ZIP: 78404 FIRM IS: I. Corporation ❑ 2. Partnership 3. Sole Owner 4. Association [j 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having, an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Committee Board, Commission or 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant hrn 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: Eugene C. Urba , Jr., P.E. Title: fry pr or Prin.) Signature of Certifying Person: DEFINITIONS Principal Date: / /, a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated us non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 l of i - 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. a OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-131751 Date Filed: 11/02!2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Urban Engineering Corpus Christi, TX United States 2 Name of governmental entity or state agency that Is a party to the contract for whroh 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. E16271 Ralston Ave. improvements (Staples St. to Alameda St.) Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Urban, James L Corpus Christi, TX United States X Urban, Jr., Eugene C. Corpus Christi, TX United States X Urban, Larry J. Corpus Christi, TX United States X r 5 Check only if there is NO Interested Party. ❑ 5 AFFIDAVIT I swear, or affirm, u''er penalty of perjury, that the - i Fve disclosure is true and correct. r'' AFFIX Sworn 20 JOLENE E POTTER My Commission Expirss July 24, 2017 Sig u e of authorized agent of fretting business entity Or NOTARY STAMP ! SEAL ABOVE j , to and subscribed before me, by the said ?1/....e. tom. f 116_ (---- this the 1" day of g tl " r it, , to certify which, witness my hand and seal 6f office. kll1/r�/7'17h✓ft �SsI S.ki'La officer administering oath -- L Is -L P34 jdiv Signature of officer administering oath Printed name of officer administering oath Title of F rovided by Texas Ethics Commission www.ethics.state.tx.us erston vl.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. §59601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §55501 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §56901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §52601 et seq.; e. The Clean Water Act, 33 U.S.C. §51251 et seq.; f. The Clean Air Act, 42 U.S.C. §57401 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. I -I. 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 15.01.0 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: 2016-131751 Date Filed: 11/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Urban Engineering Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E16271 Ralston Ave. Improvements (Staples St. to Alameda St.) 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Urban, James L. Corpus Christi, TX United States X Urban, Jr., Eugene C. Corpus Christi, TX United States X Urban, Larry J. Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. El 6 AFFIDAVIT I swear, or affirm, u er penalty of perjury, that the ove disclosure is true and correct. (41— NW JOLENE E POTTER lyy Commission Expires July 24, 201 7 +p, ha* Sig ure of authorized agent of trading business entity i I +,, LA. r h C`-,-~ , this the 2 G day of �0 V�(i-t b( ( AFFIX NOTARY STAMP / SEAL ABOVE ]] Sworn to and subscribed before me, by the said l� IA - C 20 II, to certify which, witness my hand and seal i5f office. Micieiii5irah ve 45'5/Skit-re officer administering oath Title of officer administering oath \..,e,e_ tz...e_ 1-)7,(,?Atk,10 alev)el--_,-.21-ieV- / ignature of officer administering oath Printed name of (19/provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CITY OF CORPUS CHRISTI CONTRACT FOR ENGINEERING DESIGN SERVICES FOR PROJECT E16270 Rogerson Drive Improvements — Sunnvbrook to McArdle The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, Inc., a Texas corporation, 800 N. Shoreline Blvd., 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\ANGIEM\STREET\E16270 ROGERSON STREET SUNNYBROOK MCARDLE\ENGINEERING DESIGN FN\2016 0718 CONTRACT PROFESSIONAL SERVICES. DOC ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article Xlll 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 KIENGINEERING DATAEXCHANGEL4NGIEMISTREETlE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES. DOC 2.3 Final construction documents that do not meet City standards may be rejected. Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $97,764. 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, an chnwn 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 KIENGINEERING DATAEXCHANGEVWGIEMISTREETiE16270 ROGERSON STREET SUNNYBROOK MCARDLESENGINEERING DESIGN FN12016 0716 CONTRACT PROFESSIONAL SERVICES. DOC 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. ARTICLE IV — TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). appfeved-shan9es: 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within three business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. Page 4 Rev. 07/16 KIENGINEERING DATAEXCHANGE ANGIEMISTREETIE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE V — OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. 5.4 The OPC must be validated and/or updated with each deliverable. If construction bids exceed the OPC, the Consultant will redesign the project to be consistent with the OPC at no additional cost to City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Page 5 Rev. 07/16 K:1ENGINEERING DATAEXCHANGEIANGIEMLSTREET1E16270 ROGERSON STREET SUNNYBROOK MCARDLELENGINEERING DESIGN FNL2016 0716 CONTRACT PROFESSIONAL SERVICES DOC ARTICLE VIII — TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX — RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its Page 6 Rev. 07/16 KiENGINEERING DATAEXrHAflGEUWGIEMSSTREETtE16270 ROGER:ON STREET SUNNYBROOK MCARDLE1ENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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. 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 DATAEXCHANGEWIGIEMSTREETIES6270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN52O16 0718 CONTRACT PROFESSIONAL SERVICES. DOC ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (1) 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. 07116 KIENGINEERING DATAEXCHANGEV+NGIEM\STREEnE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FNM2016 0718 CONTRACT PROFESSIONAL SERVICES. DOC 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to 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. Page 9 Rev 07/16 KSENGINEERING OATAEXCHANGE ANGIEMSTREETTE1627O ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN1,2016 0716 CONTRACT PROFESSIONAL SERVICES. DOC 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 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:l/www.ethics.state.tx.uslwhatsnewlelf 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.usllegal/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, Page 10 Rev. 07/16 K:IENGINEERING DATAEXCHANGEVINGIEM STREERE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC 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. 13.11 Conflict Resolution Between Documents Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. J.H. Edmonds, P. E. Date Ron G man, P.E. Director of Engineering Services Principal 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office ron.guzman@freese.com RECOMMENDED Operating Department Date APPROVED Office of Management Date and Budget Assistant City Attorney Date ATTEST City Secretary Date Project No. E16270 Accounting Unit: 1042-12440-051 Account: 530000 Activity: E16270011042EXP Account Category: 30000 Fund Name: Residential/Local Street Fund Encumbrance No. Date Page 11 Rev 07/16 ICIENGINEERING DATAEXCHANGEW1GIEMISTREETTE16270 ROGERSON STREET SUNNYBROOK MCARDLEIENGINEERING DESIGN FN12016 0718 CONTRACT PROFESSIONAL SERVICES DOC EXHIBIT A SCOPE OF SERVICES (Proposal & Scope of Services from NE) Contract for Professional Services Exhibit A EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Rogerson Drive — McArdle Road to Sunnybrook Road (Project Number El 6270) 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. Hold Projoct Kick off Mooting. Proparo mooting agonda and dictributo mooting Censultant: its roquirod per City Plan Preparation Standardc Contract Format (CPRSCF). L \Resources50LCRIClCorpus ChdstilCOCC • Rogerson Drive • Large AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 1 of 9 Revised November 13. 201 2 �. Includo oxicting cite photoc. juricdiction to approve docign of tho Project including permitting, groupc, TDLR, etc. eeFmFRents from City Engineering filoe► - f) Provide bench marks and coordinates. The records provided for A/E's use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 24"x 36" plan sheets that can be reduced to 11"x 17". L.1Resources10LCR\C1Corpus ChrlstllCOCC - Rogerson Drive • Large AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 2 of 9 Revised November 13, 2012 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 full-size hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. f) Hold Project 60% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate and, upon Notice to Proceed. g) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copies using City Standards as applicable) for City's final review. h) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copies using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. i) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that submittal of the interim, pre -final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant's duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City -provided review comments or provided submittals in accordance with City standards. j) Prepare and submit monthly status reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. k) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). I) Provide traffic signal timing and modeling coordination for the traffic signals using City provided traffic and pedestrian counts The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. EXHIBIT "A" Page 3 of 9 Revised November 13, 2012 LResources1OLCRLC1Carpus ChrlstACOCC • Rogerson Drive - Large AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc d) Traffic and pedestrian counts at all intersections and high pedestrian crossings in the study area e) Coordination assistance with the Downtown Management District during design or plan reviews 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re - advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the NE) 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. The A/E will perform contract administration to include the following: a) Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractors price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. EXHIBIT "A" Page 4 of 9 Revised November 13, 2012 L:IResources4OLCR4C1Corpus ChrisbACOCC - Rogerson Drive - Large AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012-doc f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g) Attend final inspection with City staff and provide the City with a Certificate of Completion for the project upon successful completion of the project. h) Review Contractor -provided construction "red -line" drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. NE may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The NE shall, with written authorization by the Director of Engineering Services, perform the following: 5. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The NE will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Texas Department of Licensing and Regulation (TDLR) 6. 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. EXHIBIT "A" Page 5 of 9 Revised November 13, 2012 L:SResources50LCR5C4Carpus ChristICOCC - Rogerson Drive - Large AEl2 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doe g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third -parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at "not to scale" and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing all parcels required will be submitted along with parcel descriptions. Additional fees may be required in resolving boundary conflicts between Owners. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. 7. Right -of -Way (ROW) Acquisition Survey (To Be Determined). All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. NE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 8. Geotechnical Investigation. The geotechnical investigation will be provided by the City under separate contract. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of geotechnical data needed for the project. LARescurcesIOLCRIDICorpus ChrisIIICOCC - Rogerson Drive - Large AE12 - REVISED EXHIBIT A LARGE AE REVISED November 2012.doc EXHIBIT "A" Page 6 of 9 Revised November 13, 2012 9. Subsurface Utility Investigation. (To Be Determined) The subsurface utility investigation will be provided by the City under separate contract. NE will coordinate and assist the City's subsurface utility engineering (SUE) provider by developing the SUE scope of work for the project including a SUE plan depicting location, depth, and total number of subsurface potholes and test holes required. A/E will assist in informing local franchises whose utilities fall within the footprint of construction -related excavation of the potential for encountering their utility lines during construction. Gas facilities within the project limits will be located to Quality Level C by the NE. The City of Corpus Christi Gas Department will provide Quality Level A. The NE will coordinate this activity. The City will provide all permitting, right -of entry, utility coordination, and traffic control and related costs necessary for the procurement of subsurface utility engineering data needed for the project. Gas — Gas facilities within the project limits will be located to Quality Level C by the NE. The City of Corpus Christi Gas Department will provide Quality Level A. The NE will coordinate this activity. 10. Traffic Control. (To Be Determined) Provide traffic control design to allow for construction of all proposed improvements. Consultant shall provide for the design of advanced warning signage, traffic control phases and associated details for the implementation of all planned traffic control measures. The Traffic Control Plan will include construction sequencing, typical cross section, construction phasing sheets, warning and barricades, as well as standard sheets for barricades, traffic control plan, work zone pavement markings and signage. 11. Public Involvement (To Be Determined). 12. Warranty Phase. (To Be Determined) Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 13. Construction Observation Services. To Be Determined 1.:4ResourcesIOLCR4C1Corpus Chrtsti4COCC - Rogerson drive - Large AE12 - REVise° EXHIBIT A LARGE AE REVISED November 2012.40c EXHIBIT "A" Page 7 of 9 Rev sed November 13. 2012 II. SCHEDULE Date Activity November 30, 2016 NTP February 16, 2017 60% Design Submittal March 3, 2017 City Review March 31, 2017 100% Final Submittal April 2017 Advertise for Bids April 2017 Pre -Bid Conference April 2017 Receive Bids May 2017 Contract Award July 2017 Begin Construction October 2017 Complete Construction Ill. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section 1.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section 1.A.1-4, NE will submit monthly statements for basic services rendered. In Section 1.A.1-3, the statement will be based upon AIE's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A,4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to NE's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services," the City will pay the NE a not -to -exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Preliminary Phase N/A 2. Design Phase $55,257.00 3. Bid Phase $6,328.00 4. Construction Administration Phase $15,216.00 Subtotal Basic Services Fees $76,801.00 Additional Services Fees (Allowance) 5. Permit Preparation $2,334.00 6.Topographic Survey and Parcel Descriptions $18,629.00 EXHIBIT "A" Page 8 of 9 Revised November 13, 2012 L:SResourcesIOLCRlC1Corpus Chris1ACDCC - Rogerson Drive - Large AE)2 - REVISED EXHIBIT A LARGE AE REVISED November 2O12.doc 7. ROW Acquisition Survey To Be Determined 8. Geotechnical Investigation N/A 9. Subsurface Utility Investigation To Be Determined 10. Traffic Control To Be Determined 11. Public Involvement To Be Determined 12. Warranty Phase To Be Determined 13. Construction Observation Services To Be Determined Sub -Total Additional Services Fees $20,963.00 Total Fee $97,764.00 EXHIBIT "A" Page 9 of 9 Revised November 13, 2012 L:SResources\OLCR5C1Corpus Chr1sti COCC • Rogerson Drive -Large AE42 -REVISED EXHIBIT A LARGE AE REVISED November 2012.doe 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 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TED 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% $6,000 $2,120 $2,677 $12,997 $1,250 $1,500 $3,000 23%. Contract for Professional Services Exhibit B EXHIBIT C INSURANCE REQUIREMENTS Contract for Professional Services Exhibit C EXHIBIT C Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. 1 Rev 07/16 Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Rev 07'16 EXHIBIT D DISCLOSURE OF INTEREST Contract for Professional Services Exhibit D AOBBEAASSSIGNED8Y't ITY"`- PURCHASING DIVISION City o of f CITY OF CORPUS CHRISTI Carrtutt ity DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended,requiresall 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 mineable, 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 may: Corpus Christi zip: 78401 FERMIS: 1. Corporation 4. Association i. Partnership 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." N/A Name Job Title and City Department (if !mown) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/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% or more of the ownership in nie above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action an a matter bows that thed action will confer an economic benefit on any City official or employee that is distinguishable effect that the action will have on members of the public in geners1 ora substantial se � � ' t thereof, you shall disclose that fact in a signed writing to the City official, employee or body that :: been requested to act in the matter, unless the interest of the City official or . loyee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City century. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman, P.E. Title: Principal ape es rely Signature of Certifying Person: Date: S . 2'3 • Co 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 foil 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, end Municipal Court Judges of the City of Corpus Christi, Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant" Any person or furan, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. EXHIBIT E CERTIFICATE OF INTERESTED PARTIES (FORM 1295) Contract for Professional Services Exhibit E CERTIFICATE OF INTERESTED PARTIES FORM 1295 1ot1 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: 2016-132264 Data Filed: 11/0312016 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 he provided under the contract. C16270 Professional engineering design services for Rogerson Drive - McArdle Road to Sunnybrook Drive project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas '5 Fort Worth, TX United States X 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 � * LISA BOGGS Notary Public, Stale of Texas My Commission Expires �t2 . a K+• 06/2512019 Signature of raze agent of contracting business entity AFFIX NOTARY STAMP ! SEAL ABOVE Swag,mand subscribed before me, by the said 6 , this the day of jalfekr ..0_ 20__ to , to certify which, witness my hand and seal of office Y. L -+f i r� i� i sci-}i not c of officer a minleteri Printed name of oflic i istering oath Title al o administering oath Forms Provided by Texas Ethics Commission www_ethicsstate_tx.us Verninn Vt_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: 2016-132264 Date Filed: 11/03/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 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. C16270 Professional engineering design services for Rogerson Drive - McArdle Road to Sunnybrook Drive project. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling I Intermediary Hatley, Tricia Oklahoma City, OK United States X New, John San Antonio, TX United States X Payne, Jeff Fort Worth, TX United States X Milrany, Cindy Fort Worth, TX United States X Nichols, Michael Fort Worth, TX United States X Coltharp, Brian Fort Worth, TX United States X Pence, Robert Fort Worth, TX United States X Herchert, Robert Fort Worth, TX United States X Gooch, Thomas Fort Worth, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. •RY.d�" LISA BOGGS . ,ice °* Notary Public, State of Texas .. r My Commission Expires \"' .diVs 06/26/2019 Signature of au orize agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE , ,� 1n�� r� , 2 p l '� Swor to and subscr+bed before me, by the said V u r t�+V + this the J �L� day of 0 cumber 20, to certfy which, witness my hand and seal of office. ►..a � _ �. C_ /� ../_ fi'. L�� ' 'JQ natu e of officer administers ,P...4!h Printed name of officQr . • .•roistering oath Title of o. •-r administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 a Golf Center f. b Q. 46 5y`\6 EC Horne fid PRd Project Locations Ralston Ave Project #: E16271 Rogerson Dr Project #: E16270 Residential Street Reconstruction Program Test Project — Ralston Ave. and Rogerson Dr. CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Carpus Chr sti Engineering Residential Street Reconstruction Program Test Project - Ralston Ave. and Rogerson Drive Council Presentation November 15, 2016 Project Location Corpus Chr sti Engineering • m .ozano Golf Center Hargan Av. C w PCrn raa Ralston Avenue From S Staples to S Alameda vnearreai or _ Synnybro o,F �c"gr4ye Rogerson Drive From McArdle to Sunnybrook Vicinity Location Corpus Christi Engineering 3 Vicinity Location Corpus Chr sti Engineering Ralston Ave. c9 co 4 Project Scope Corpus Chr sti Engineering This "Test" project is to refine the construction alternatives for the Residential Street Reconstruction Program and obtain better pricing data. The scope includes: Ralston Avenue (Staples to Alameda) — anticipated full depth reconstruction with limited utility upgrades/adjustments. ✓ Complete removal and replacement of existing HMAC Pavement ✓ New curb & gutter, sidewalks, ADA ramps and signage/markings Rogerson Drive (McArdle to Sunnybrook) — anticipated full depth rehabilitation with limited utility upgrades/adjustments. ✓ Complete removal and replacement of existing HMAC Pavement ✓ New curb & gutter, sidewalks, ADA ramps and signage/markings Project Schedule Corpus Chr sti Engineering Project Construction Estimate: 400 Calendar Days = 14 Months Schedule reflects City Council construction award in June 2016 with completion planned by February 2018 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb TEST PROJECT Prelim Design Design Bid Construction Project Construction Estimate: 400 Calendar Days = 14 Months Schedule reflects City Council construction award in June 2016 with completion planned by February 2018 AGENDA MEMORANDUM First Reading for the City Council Meeting of 11/15/2016 Second Reading for the City Council Meeting of 12/13/2016 DATE: October 27, 2016 TO: Margie C. Rose, City Manager FROM: Steven Viera, Interim Director of Human Resources SteveV@cctexas.com (361) 826-3445 Continuing Texas Municipal Retirement System (TMRS) Updated Service Credits for Current Participants and Increases for Prior and Current Annuities. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" and "Increased Prior and Current Service Annuities" in TMRS. Updated Service Credit (USC) — Is a provision adopted by City ordinance that may increase the value of employee retirement benefits by accounting for increases in salary later in the employee's career. Annuity Increase, or Cost of Living Adjustment (COLA) — Is provided as an increase in annuities for retirees. COLAs are a plan enhancement to help retirees with increases in their cost of living after retirement. These provisions also adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on September 30, 2019). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2013. On December 17, 2013, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2014. On December 16, 2014, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2015. On December 16, 2015, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2016. ALTERNATIVES: None. The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2015 through September 30, 2019. OTHER CONSIDERATIONS: For calendar year 2017, the rate calculated by TMRS under the Ad Hoc provision is 11.28% however the City budgeted and was contributing 18.46% since January 2016 thru September 2016. In October 2016, the City increased its contribution to 19.46% to address the liability issue. The City will also increase this amount by 2% ever year to get back to an annual repeating contribution. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON -EMERGENCY: Non -emergency, Ordinance - Two readings (11/15/16, 12/13/16) FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system for service performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; establishing an effective date for such actions; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.403 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of said title) in an amount that is 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of said title). The Updated Service Credit hereby allowed shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (b) In accordance with the provisions of subsection (d) of Section 853.401 of said title, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person's earnings as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of Subtitle G of Title 8, Government Code, as amended, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. Page 1 of 3 (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation of the System. Section 3. Effective Date Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January 2017. Section 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Page 2 of 3 The foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Jr. 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 , , by the following vote: Dan McQueen Ben Molina Rudy Garza Jr. Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the th day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Page 3 of 3 TEXAS MUNICIPAL RETIREMENT SYSTEM October 6, 2016 Via E -Mail Mr. Steve Viera Benefits Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 Dear Steve: We are pleased to enclose an ordinance for your city to adopt: 100% Updated Service Credit 70% CPI Increase to Annuitants Ad Hoc (one time only basis) With the adoption of these additional benefits, your city's contribution rate beginning January 1, 2017 will be 11.28% and the phase in rate will be 11.04%. We would appreciate receiving a copy of this ordinance as soon as possible after its adoption. If you have any questions or need additional assistance, please contact me at 1-800- 924-8677. TMRS P.O. Box 149153 .AUSTIN, TEXAS 78714-9153 Eric W. Davis Deputy Executive Director wwsv.TMRS.cOM 512.476.7577 TOLL-FREE 800.924.8677 FAx 512.476.5576 Tex.; M. Ktr.Ai, RET1REMESTSYSTEM Plan Provisions Deposit Rate Matching Ratio Updated Service Credit Transfer USC ** Annuity Increase 20 Year/Any Age Ret. Vesting Contribution Rates Normal Cost Rate Prior Service Rate Retirement Rate Supplemental Death Rate Total Rate Unfunded Actuarial Liability Amortization Period Funded Ratio Phase -1n Total Rate Plan Change Study 00302 Corpus Christi Proposed Plans GRID 2017 For Informational Purposes Only Effective Date - January 1, 2017 Report Date - October 5, 2016 Current 6.00% 2 to 1 0% No 0% Yes 5 years 2017 4.72% 6.00% 10.72% 0.00% (None) 10.72% $71,142,666 25 years 89.9% 10.48% 1 6.00% 2 to 1 100% .rl No 70%✓ Yes 5 years 2017 4.72% 6.56% 11.28% 0.00% (None) 11.28% l/ $77,698,274 25 years 89.1% 11.04% **This is the addition to the Initial Prior Service Rate for USC for transfers. There were 60 eligible transfer employees on the valuation date. 1/1 Projection of Valuation Results - Pension Only 302, Corpus Christi Summary of Proposed Benefit Provisions Employee Contribution Rate 6.00% USC 100% Ad Hoc without Transfer Employer Match Rate 2 - 1 COLA 70% Ad Hoc Vesting 5 years Retirement Eligibility Age 60 with 5 years of service or 20 years of service Calendar Year Projection Results 2016 2017 2018 2019 2020 2021 2022 2023 Full Rate 9.98% 11.28% 11.33% 11.31% 11.28% 11.24% 11.19% 11.15% Estimated Contabutlon 12,249,549 14,163,621 14,553,610 14,862,062 15,163,561 15,457,314 15,742,491 16,047,000 Funded Redo 89.1% 89.4% 89.9% 90.5% 91.1% 91.8% 92.5% 93.2% If Phase In Rate Contributed Full Rate 9.98% 11.28% 11.33% 11.32% 11.29% 11.25% 11,21% 11,16% Phase -In Rate 9.98% 11.04% 11.33% 11.32% 11.29% 11.25% 11,21% 11,16% Estimated Contribution 12,249,549 13,862,267 14,553,610 14,875,202 15,177,003 15,471,066 15,770,627 16,061,392 Funded Ratio 89.1% 89.4% 89.9% 90.4% 91.1% 91.7% 92.4% 93.2% 14.00% 12.00% 10.00% 8.00% Projected Full Rates 2015 2017 2010 2021 Valuation as of December 31, 'Pay Full Rate Pay Phase -In Rate 2023 120% 110% 100% 40% 80% 70% Projected Funded Ratios 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Valuation as of December 31, -Pay Full Rate -Pay Phase -In Rate 10/5/2016 Gabriel, Roeder, Smith & Co. Projection of Valuation Results - Pension Only 302, Corpus Christi Summary of Proposed Benefit Provisions Employee Contribution Rate 6.00% USC Yearly 100% Ad Hors without Transfer Employer Match Rate 2 - 1 COLA Yearly 70% Ad Hocs Vesting 5 years Retirement Eligibility Age 60 with 5 years of service or 20 years of service CalendarYear Full Rate Estimated Contribution Funded Ratio Projection Results 2016 2017 2018 2019 2020 2021 2022 2023 9.98% 11.28% 12.46% 13.65% 14.83% 15.98% 17.11% 18.22% 12,249,549 14,163,621 16,010,769 17,937,875 19,934,304 21,974,525 24,072,732 26,215,598 89.1% 87.9% 86.8% 85.9% 85,2% 84.6% 84.2% 83.9% K Phase In Rate Contributed Full Rate 9.98% 11.28% 12.46% 13.67% 14.84% 15.99% 17.12% 18.24% Phase-in Rate 9.98% 11.04% 12.46% 13.67% 14,84% 15.99% 17.12% 18.24% Estimated Contribution 12,249,549 13,862,267 16,010,769 17,964,156 19,947,747 21,988,277 24,086,800 26,244,382 Funded Ratio 89.1% 87.9% 86.8% 85.9% 85.1% 84.6% 84.1% 83.9% 26.00% 24.00% 22.00% 20.00% -I 18.00% -i 16.00% 14.00% 12,00% 10.00% 8.00%' Projected Full Rates 2015 2017 2019 2021 Valuation as of December 31, -Pay Full Rate ®Pay Phase -In Rate 110% - 100% - 90% - 80% - 70% 60% Projected Funded Ratios 2023 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Valuation as of December 31, -Pay Full Rate -Fay Phase -In Rate 10/5/2016 Gabriel, Roeder, Smith & Co. AGENDA MEMORANDUM Public Hearing/First Reading Ordinance for the City Council Meeting of December 13, 2016 Second Reading Ordinance for the City Council Meeting of December 20, 2016 DATE: November 28, 2016 TO: Margie C. Rose, City Manager THROUGH: E. Jay Ellington, Interim Assistant City Manager JayEll@cctexas.com 361-826-3042 FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB@cctexas.com 361-826-3021 Substantial Amendment to the FY2015-2016 Consolidated Annual Action Plan CAPTION: Ordinance amending the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), previously adopted by Ordinance No. 030544, for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to execute and submit all necessary documents with the U.S. Department of Housing and Urban Development (HUD) for the following Substantial Amendment to the FY2015-2016 CAAP: 1. Cancellation of a FY 15 Community Development Block Grant (CDBG) project; 2. Addition of a CDBG project; and 3. Addition of an Emergency Solutions Grant (ESG) project; and further to authorize the City Manager or designee to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2015-2016 CAAP with organizations for approved projects. PURPOSE: In accordance with HUD and the City of Corpus Christi's (City) 5 -year Consolidated Annual Action Plan (CAAP), "Substantial Amendments" are required to amend each CAAP which will trigger a comment period once motion is approved (24 CFR 91.105). A "Substantial Change" is defined by the City to be: a proposed new activity which cannot reasonably be construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project, or an activity which was identified in the adopted application or in the commitment of funds to a specific project, or an activity that is proposed to be altered in terms of its purpose, scope, location, or beneficiaries to such an extent that it can no longer reasonably be construed as the activity reviewed by the public and approved by the City Council. BACKGROUND AND FINDINGS: In FY2015-2016 and during the adoption of the FY2015-2016 CAAP, the City of Corpus Christi's Housing and Community Development (HCD) Department set aside $200,000 for a "to be determined" project under the scope of Land Acquisition and/or Homeless Facility Rehabilitation. During this time, HCD was in communication with The Salvation Army (TSA) to award the CDBG funding to its Center of Hope which will soon be under construction. At the finalizing of the funding agreement, The Salvation Army head quarters in Atlanta decided not to pursue the CDBG funding and to end negotiations. In order to commit the CDBG funding to a project which falls in line with the goals and objectives of the City's 5 -year Consolidated Action Plan, HCD is hereby requesting the funding to be "redirected" to the Ben Garza Park Ball Field Improvement Project (Project). The Project will include the enhancement of Ben Garza Park located at 1815 Howard. The park is 10.85 acres and provides recreational space for the immediate neighborhood which includes single family homes, apartments, homeless shelters and assisted housing units. This project will include the improvement to two existing youth baseball/softball fields including light and irrigation. This park is listed as a major investment park in the 2012 Parks and Recreation Master Plan. During the same FY2015-2016 CAAP, an uncommitted balance of $50,000 was left remaining in the Emergency Solutions Grant (ESG) Program allocation from HUD. HCD is hereby requesting this amount of $50,000 be awarded to The Salvation Army which will be used under the activity of Rapid Re -housing for homeless veterans. The funds will allow TSA to identify homeless veterans and rapidly re -house them into permanent housing and provide case management for a period of three (3) months up to two (2) years. ALTERNATIVES: "Not Applicable" OTHER CONSIDERATIONS: "Not Applicable" CONFORMITY TO CITY POLICY: Council approval to amend each project is required for the change in the CAAP to take effect. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends the approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance CDBG Proposed Amendment Attachment ESG Proposed Amendment Attachment Ordinance amending the fiscal year (FY) 2015-2016 Consolidated Annual Action Plan (CAAP), previously adopted by Ordinance No. 030544, for the Community Development Block Grant (CDBG), the Emergency Solutions Grant (ESG), and the HOME Investment Partnerships (HOME) Programs; to authorize the City Manager or designee to execute and submit all necessary documents with the U.S. Department of Housing and Urban Development (HUD) for the following Substantial Amendment to the FY2015-2016 CAAP: 1. Cancellation of a FY 15 Community Development Block Grant (CDBG) project; 2. Addition of a CDBG project; and 3. Addition of an Emergency Solutions Grant (ESG) project; and further to authorize the City Manager or designee to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2015-2016 CAAP with organizations for approved projects. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first and second on February 4th and 12th, 2015, and the third during a meeting of the City Council, in the Council Chambers on Tuesday, June 23, 2015. All hearings were held at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and Whereas, the City Council determined on July 14, 2015, that Ordinance No. 030544 would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Whereas, in accordance with HUD and the City of Corpus Christi's (City) 5 -year CAAP, "Substantial Amendments" are required to amend each CAAP which will trigger a comment period, such public hearing to be held during a meeting of the City Council, in the Council Chambers on Tuesday, December 13, 2016. Whereas, the City Council has determined that amending Ordinance No. 030544 would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2015-2016 CAAP, which includes the CDBG, the ESG, and the HOME Programs, is amended as follows: 1) Cancellation of a FY15 CDBG project — Land Acquisition and or Homeless Facility Rehabilitation; 2) Addition of a CDBG project — Ben Garza Park Ball Field Improvements; and 3) Addition of an ESG project - The Salvation Army Rapid Re -housing for Homeless Veterans. Section 2. That the City Manager or the City Manager's designee is authorized: @BCL@8805727C • to submit the Substantial Amendment to the FY2015-2016 CAAP to HUD, and • to amend Substantial Amendment to the FY2015-2016 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2015-2016 CAAP with organizations for approved projects. @BCL@8805727C 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: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary @BCL@8805727C Dan McQueen Mayor ADOPTED FY2015 CDBG PROGRAM FY2015 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Property Clearance Program Income from Rehabilitation Program (Revolving Loan Fund estim TOTAL FUNDS AVAILABLE FOR FY2015 CDBG PROGRAM $2,460,214 $496,930 $40,000 $1,085,000 $4,082,144 # PROJECT & DESCRIPTION City Council Adopt 1 HCD - CDBG Program Administration (Community Dev. Division) This project will fund 6.25 FTE staff salaries and administrative costs: 1 Administrator, 1.75 -Sr. Management Assistants (1 at 100% and 1 at .75%), 3 -Contract Administrators (1 at 100% and 2 at 50%), and .50 Management Aide. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) Programs. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal wage rate requirements. The amount indicates 18% of allowed 20% of administrative costs. $460,000 2 HCD - Rehabilitation Services (Housing Division) This is the operating budget for 15 FTE staff that service the various housing programs administered by HCD: 1 -Director (at 60%), 1 -Program Manager, 1- Operations Supervisor, 1 -Administration Supervisor, 3 - Property Advisors, 4 -Loan Officers, 1 -Mortgage Servicing Aide, 1- Managment Assistant (at 40%), 1-Managment Aide, and 2 Sr. Staff Assistants. The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, $10,000 Homebuyer Assistance Program, the Type A Homebuyer Program, and Mortgage Servicing which manages the servicing of 800 loans provided through the Single Family Rehabilitation Loan Program. Services include collection of loan payments, escrowing of insurance and property taxes, payment of insurance and property taxes, preparing end of year escrow analysis, and providing release of liens on loans that are paid off. Services provided include applicant in -take, loan processing, loan settlement, Homebuyer Education, construction monitoring, project estimating, and development of specifications and drawings. $840,112 3 HCD - Minor Home Repair Grant Program Minor repair grants up to $10,500 for repairs which include lead based paint testing as required by HUD regulations on houses built prior to 1978 . Repairs consist of roof repairs, plumbing electrical, heating, and minor structural repairs. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. Program Income - $60,000 Entitlement - $165,000 $225,000 4 HCD - Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide rehabilitation and reconstruction loans; demolition grants; relocation grants and lead base paint grants for remedial activities. Rehabilitation Loan Program. Program Income - $825,000 $825,000 1 Proposed Amendment # PROJECT & DESCRIPTION City Council Adopt Proposed Amendment 5 HCD - Appliance Replacement Grant Program The Appliance Replacement Grant Program is designed to provide energy efficient appliances for low- and very low-income homeowners. Eligible applicants will be homeowners already income and program approved and receiving assistance from either the Minor Home Repair Grant Program or the Single Family Rehabilitation Program. The grant will provide up to $6,000 per home which will cover the installation of energy efficient top load washer/dryer, refrigerator, and oven, as well as the removal of the existing non -working or energy efficient appliances. Program Income - $200,000 $200,000 6 Parks and Recreation - Play for All Playground at Salinas Park The Play for All Playground Project will bring Corpus Christi its first accessible full scale play structure featuring slides, swings, play decks, and interactive elements for youth of all ages and abilities. The fall zone will be a uniformed surface allowing access throughout the entire play zone. The site for the playground is located adjacent to the Miracle Field, a fully accessible ball field in Salinas Park. This placement will allow for the use of existing ADA accessible parking spots and sidewalks. This project will fall in line with the Parks and Recreation Master Plan of "Creating ADA accessible playgrounds and equipment" and "improvements at Community and Regional Parks". The proposed park will be a place where families who have children with differing abilities: physical, cognitive, sensory, social and communicative, can play together. $300,000 7 Police - Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 6 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100%) and 1- Senior Account Clerk/Administrative Support (100%) which includes a total of $307,032. Funding will be for salaries and approximately $10,000 for training through classes, seminars and/or conferences for education opportunities, and for certifications required for code enforcement. The CE Property Advisors are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy-five (75) health, safety, and welfare related City Codes. All CDBG eligible census tracts in the city meet, per Resolution, HUD's criteria for a deteriorating area and meet the national objective of serving the low income citizens. The Senior Account Clerk provides administrative support to the Code Enforcement Property Advisors by processing compliance requests through the mail and researching property owner's name and address. $307,032 8 Police - Demolition Program This program consists of the demolition of substandard structures determined to be health and safety issues and 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures will be demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Grant Program that allows the property owner to voluntarily agree to have their structure demolished. Program Income: $25,000; Entitlement: $175,000 $200,000 2 # PROJECT & DESCRIPTION City Council Adopt Proposed Amendment 9 Police - Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds; to include, abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Program Income: $15,000; Entitlement: $185,000 $200,000 3 # PROJECT & DESCRIPTION City Council Adopt Proposed Amendment CDBG NON-PROFIT ORGANIZATIONS 1 Amistad Community Health Center Funds requested will replace elevator and rehabilitate/renovate the second floor bathrooms to meet ADA requirements. The second floor will continue to expand and maintain direct services targeting the population of 200% below federal poverty guidelines. Second floor facility services include: behavioral health, marketplace enrollment, case management and health care education. Capital Contribution: $100,000 $200,000 2 The Salvation Army - Public Services The Salvation Army's Shelter and Food Program serves individuals and families with incomes of less than $15,000 per year who are homeless or at risk of homelessness. The request is for program costs of providing meals to the homeless and very low income individuals and families in the Salvation Army Shelter. Capital Contribution: $2,589,000 $25,000 3 Land Acquisition and/or Homeless Facility Rehabilitation Funding proposed will provide land acquisition and/or facility rehabilitation for the homeless individuals and families in Corpus Christi. The funding will provide a facility located inside the Corpus Christi city limits and will provide an array of services for homeless individuals and families. $200,000 $ - 4 Coastal Bend Center for Independent Living Project will provide wheelchair ramps and accessible home modifications to low income people with disabilities. Funds will supply a minimum of sixteen (16) homes with minor modifications to include wheel chair ramps and a minimum of four (4) homes with modifications to include, but not limited to: walk-in showers, grab bars, accessible toilets, door widening, accessible cabinets, sinks and toilets and chair lifts and other related accessible modifications in order to gain independence. $100,000 add Ben Garza Park Ball Field Improvements The project will include the enhancement of Ben Garza Park located at 1815 Howard, Corpus Christi, Texas. The park is 10.85 acresand provices recreational space for the immediate neighborhood. The Ben Garza Park is listed as a major investment park in the 2012 Parks and Recreation Master Plan. The project will include the improvement of two existing youth baseball/softball fields including lighting and irrigation. The department will partner with the Police Athletic League to schedule games and practices at the ballfields. $0 $ 200,000.00 Total Non -Profit $525,000 Total City Projects $3,557,144 Overall Total $4,082,144 4 ADOPTED FY2015 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2015 ESG Allocation $228,138 # PROJECT & DESCRIPTION City Council Adopt 1 City of Corpus Christi - ESG Administrative Cost Administrative Cost is being requested to fund a staff person at .50 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. $16,138 2 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium-term rental assistance. $30,000 3 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short and medium term rental assistance; and Rapid Re -housing Case Management and short and medium term assistance. $22,000 4 South Texas Substance Abuse Recovery Services, Inc. (STSARS) Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium- term rental assistance. $30,000 5 Wesley Community Center Funding requested for the ESG Activity Component of Emergency Shelter -Essential Services and Shelter Operations. $10,000 6 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. $30,000 7 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter -Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re -housing -Case Management and short - and medium term assistance. $30,000 8 Mary McLeod Bethune Day Nursery, Inc. Funding requested for the ESG Activity Component of Emergency Shelter -Essential Services and Shelter Operations. $10,000 add The Salvation Army Funding requested for the ESG Activity Components of Case Management and Rapid Re -housing for Homeless Veterans $0 Overall Total** $178,138 1 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 13, 2016 Second Reading for the City Council Meeting of December 20, 2016 DATE: November 21, 2016 TO: Margie C. Rose, City Manager FROM: Julio Dimas, Interim Director, Development Services Department JulioD@cctexas.com (361) 826-3276 Rezoning for property located on 2310, 2314, 2316, 2318 Dempsey Street. CAPTION: Case No. 1116-01 Scott Electric Co.: A change of zoning from the "RS -6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District. The property to be rezoned is described as four lots composed of Shoreline Park, Block 8, consisting of Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue. PURPOSE: The purpose of this item is to allow construction of a storage building. RECOMMENDATION: Planning Commission and Staff Recommendation (November 2, 2016): Denial of the change of zoning from the "RS -6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District, and in lieu thereof, staff recommends extending the "RS-6/SP" Single - Family 6 District with a Special Permit to all four lots subject to special conditions. Vote Results For: 5 Against: 0 Absent: 2 BACKGROUND AND FINDINGS: As detailed in the attached report, the applicant is requesting a rezoning from the "RS -6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District to allow the construction of a 4,000 square foot storage building to store electrical and air conditioning parts and material. The proposed rezoning is not consistent with Plan CC Future Land Use map's designation of the property as medium density single family residential. However, the proposed storage building is completely within the lots owned by Scott Electric Co. which currently function as a commercial business and will not alter the aesthetics of the current buffer and standard screening fence. ALTERNATIVES: 1. Deny the request. 2. Approve the "RS-6/SP" District as recommended. 3. Approve the "IL" district (requires 3/4 vote) OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundary of the Central Business Area Development Plan. The proposed rezoning to the "IL" Light Industrial District is inconsistent with Plan CC and the Future Land Use Map which designate the area as Medium Density Single Family Residential. 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: Ordinances- "RS-6/SP"; "IL" Presentation - Aerial Map Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by Scott Electric Co. ("Owner"), by changing the UDC Zoning Map in reference to a 0.5847 acre tract of land composed of four lots in Shoreline Park, Block 8, Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; from the "RS -6" Single - Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "RS-6/SP" Single -Family 6 District with a Special Permit for all four lots; 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 Scott Electric Co. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 2016, during a meeting of the Planning Commission when the Planning Commission recommended denial of the requested "IL" Light Industrial District and, in lieu thereof, approval of the change of zoning from the"RS-6" Single - Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the"RS- 6/SP" Single -Family 6 District with a Special Permit for all four lots, and on Tuesday, December 13, 2016, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application by Scott Electric Co. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.5847 a tract of land composed of four lots composed of Shoreline Park, Block 8, consisting of the following four lots: Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue (the "Property"), from the from the"RS-6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to "RS-6/SP" Single -Family 6 District with a Special Permit (Zoning Map No. 046045), as shown in Exhibits "A," and "B". Exhibit A, which is the plat of the Property, and Exhibit B, which is a site plan to accompany the plat, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the outdoor storage of company and/or employee vehicles and a storage building for parts and material of air conditioners and electrical work. 2. Lighting: All security lighting must be shielded and directed away from adjacent residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 3. Landscape Strip: A ten (10) foot wide visual landscape strip shall be installed and maintained running parallel to, in front of, and in the distance of the required six (6) foot standard screening fence. 4. Screening Fence: A six (6) foot standard screening fence shall be installed and maintained to provide a visual barrier between the vehicular storage yard/building and the surrounding neighborhood. 5. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 5:30 PM Monday through Friday. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. 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 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. 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 7. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\1116-01 Scott Electric\Council Documents\Ordinance -Special Permit_1116-01 Scott Electric Co.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES \2016\1116-01 Scott Electric\Council Documents\Ordinance -Special Permit_1116-01 Scott Electric Co.docx Page 3 of 3 SHORELINE PARK ADDITION BLOCK q LOT AR STATE OF TEXAS COLIN, OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPER, APPROVED ON BEHALF OF THE CITY OF CORP. CHRIST, TEXAS BY 721E BEING A MINOR PLAT OF LOTS -T012, BLOCK THISTHE��iii DAv OE 1.21 iii 11111P-16, DEPARTMENT OF DEVELOPMENT SERVICES SHORELINE PARK ADDITION AS RECORDED IN VOLUME 3• PAGE 2D T. CORPUS CHRISTI, NU EYES COU NTY, TEXAS INTERIM DIRECTOR OF DEVELOPMENT SERVICES NOTES 1= YARD REBUIREMENTS AS DEPICTED ARE A REBUIREMENT OF THE UNIFIED NT CODE AND sua ECT To CHANCE AS THE XBILIING MAY CHANGER FOUND 5=INCH IRON RODS AT ALL LOT CORNERS, PE CLOCK CORNERS, ETCRLNLESSOTHERE ISE SPECIFIEDB 3z ACIBENOTES ACRESOF LAND SEBBENOTES SELLARE FEET OF LAND YRADENOTES YARD RE, IREMEXT BEBBENOTES BUILDING LINE UEBBENOTES UTILITY EASEMENT DEBBENOTES DRAINAGE EASEMENT CEBBENOT ES CENTERLINE OF ROADE AY BETENOTES BLOCK CORNER DE TIENOTES DRILL HOLE "SL DENOTES SET 5= IRON ROD THIS PROPERTY LIES E ITHIN FLOOD BBILIEC, COMMUNITY BEE_,,, PANEL =16., rrry OF CORPUS CHRISTI, DATED =1 AND ISNOT ITHIN THE =YEAR FLOOD PLANE 5= THE RECEIVING = ATER FOR THE STORM =ATER RUNOFF FROM THIS PROPERTY IS THECORPUS CHRISTI INNER HARBORETHETC, HAS CLAGSIFIED THE ,UATIC LIFE USE FOR THECORPUS CHRISTI INNER HARBOR AS LINT ERMEDIATE" 6= TOT, RAUED AREA IS BS, ACREBNCLUDING STREET DEDICATION5 = BASIS OF BEARI NGS ARE T HE BEARI NOS FROM SUN NYSI DE ADDITION AS RECORDED IN VOLUME 25, PAGE 53 BAR 15 GT= STATE OF TEX. COUN, OF NUECES E SCOTT ELECTRIC COMPANY, HEREBY CERT, THAT El- E ARE THE OD NERS OF LOT 02, BLOCK ,AS EMBRACED , I THIN .E BOUNDS OF THE FOREC2OING MAP,HAT I= E HAVE HAD SAID LAND SURV,ED AS SH 0, N ,HAT STREETS AN D PARK AS SHOD N ARE DEDICATED TO THE PUBLIC FOREVER,HAT ALL EASEMENTS ARE DEDICATED TO THE PUBLIC FOR THE INSTALLALION, OPERATION AND USE OF THE PU BLIC ULILIIIES,FAT THIS MAP AS .DE FOR THE PU RPOSES OF DESCRIPTION AND DEDICATION , THIS THE OF 2,6 MIKE HOPE, 0= NER STATE OF TEXAS COUNTY OF NUECES STATE OF TEXAS COUN, OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPER, = AS APPROVED ON BEHALF OF THE CITY OF CORP. CHRIS, TEXAS BY hIE DEPARTMENT OF DEVELOPMENT SERVICES THISTHE 1.0F DEVELOPMENT SERVICES ENGINEER STATE OF TEX. CO., OF NUECES I ,A. SANDS, CLERK OF THE COUN, COURT, IN AND FOR NUECES COUNTY TEXAS, HEREBY cfinn8y-MATTHE FOREGOING INSTRUMENT DATED THE =MAY OF 2,6 ITH ITS CERTIFICATE OF AUTHENLICATION , AS FILED FOR RE.RD IN MY OFFICE THIS OF RECORDED IN VOLUME =0 PAGE__ IN RN xssat szocLocx SIM AND DU, ITNE. MY HAND AND SEAL OF OFFICE IN CORP. CHRIS, TEXAS, THIS THE ==0DAY OF KA. SANDS, COUN, CLERK STATE OF TEXAS CO., OF NUECES DEPU, TO THE COUN, CLERK Refinery I, RONALD A VOSS, A REGISTERED PROFESSIONAL LAND SURVEYOR OF VOSS ENGINEERING, INC, HAVE PREPARED THE FORE.ING MAP FROM SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO TH E BEST OF MY KNO, LEDGE, INFORMATION AND BELIE, HAVE BEEN ENGAGED UNDER .NTRACT TO SET ALL CORNERS . SHOD N HEREIN AND TO COMPLETE SUCH OPERATIONS ITHOUT DELAY, THIS THE 216, SEAL BEFORE ME, THE UNDERSIGNED AU TH ORI,, ON THIS DAY PERSONAL, APPEARED MIKE HOPE KNOD N TO ME TO BE THE PERSON 0 HOSE NAME IS SUBSCRIBED TO TH E FOREGOING INSTRUMENT OF El RITIN G AN ACKN 0, LEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATON THEREIN EXPRE.ED A. IN TNE CAPACI, THEREIN STATED, GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE --r-r-LE-55 DAY OF 2,6 NOTARY PU BLIC IN AND FOR NUECES CO, TEXAS LOT 1 RONALD A,OSS REGISTERED PROFESSIONAL LAND SURVEYOR No,2,3 LOT 2 LOT 3 1,15,RELlr li I ll{ ADDITION POL. S, P.28 R,LE _NELT) 0 S 60° 36' OC" E iel'fi,O8n-i /VOA St MS w, D /T.,,, tifad o Rlver Rd„y,,, Ljpd(I SC VICINITY MAP (N.T.S.) LOT 4 LOT 5 193.78' 0 20.3'5' D N:MPS EY STREET Exhibit "A" S- a� zl. VOSS ENGINEERING, INC. ENGINEERING AND LAND SURVEYING 6 31 IGREENI I OOD DRIVE, CORPUS CHRISTI, TEXAS 111II 15 PHONE: 13611 II 51 1621 2 FAX: 1 3611 11 5 3111 61 6 a• 15• 30• NO' GRAPHIC SCALE: 1" - 30' DATE: REVISED: OFFICE: JOB Lt 2-2-16 RV u RG 16L6u1u FIRM NO_ F,66 SHORELINE PARK ADDITION BLOCK LOT IR KILL P.P. - POUTS POT.P. G.V. - GTS VALVE K K u -8 0 UTILITY PLAN Exhibit "B" LOT 1 LT VICINITY MAP (N.T.S.) LOT 2 LOT 3 LOT 4 LOT 5 SHORI:I.INI . PARK ADDITION 2S VOL. 3, P. (-AI.R.NK.T `. 2I PROPOS,. IMETAT. BUILDING LOT 9R 25,447.3 S.P. 0.584 AC. 13.?5 LOT 8 s T h �.R. mow XIS AL N 50° 36' 00' sos -5' L DENT PALS ST EFT I 311' VOSS ENGINEERING, INC. ENGINEERING AND LAND SURVEYING 6 3 GREEN OOD DRIVE, CORPUS CHRISTI, TEXAS 15 PHONE'. 361 5 62 2 FAX 361 53 6 6 0' 15' 30' 60' GRAPHIC SCALE: 1" = 30' DATE: REVISED: OFFICE: JOB Lt wLBu2u16 RV u RG 16L6u1 u FIRM NOUFL166 Ordinance amending the Unified Development Code ("UDC"), upon application by Scott Electric Co. ("Owner"), by changing the UDC Zoning Map in reference to 0.5847 acre tract of land composed of four lots in Shoreline Park, Block 8, Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; from the "RS -6" Single - Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial 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 Scott Electric Co. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 2, 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 and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District, and on Tuesday, December 13, 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 Scott Electric Co. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 0.58474 a tract of land composed of four lots composed of Shoreline Park, Block 8, consisting of the following four lots: Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue (the "Property"), from the"RS-6" Single - Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District (Zoning Map No. 046045 ), as shown in Exhibits "A" and "B." Exhibit A, which is the plat of the Property, and Exhibit B, which is a site plan to accompany the plat, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1116-01 Scott Electric\Council Documents\Ordinance_1116-01_Scott Electric Co.docx Page 2 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1116-01 Scott Electric\Council Documents\Ordinance_1116-01_Scott Electric Co.docx Page 3 of 3 SHORELINE PARK ADDITION BLOCK q LOT AR STATE OF TEXAS COLIN, OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPER, APPROVED ON BEHALF OF THE CITY OF CORP. CHRIST, TEXAS BY 721E BEING A MINOR PLAT OF LOTS -T012, BLOCK THISTHE��iii DAv OE 1.21 iii 11111P-16, DEPARTMENT OF DEVELOPMENT SERVICES SHORELINE PARK ADDITION AS RECORDED IN VOLUME 3• PAGE 2D T. CORPUS CHRISTI, NU EYES COU NTY, TEXAS INTERIM DIRECTOR OF DEVELOPMENT SERVICES NOTES 1= YARD REBUIREMENTS AS DEPICTED ARE A REBUIREMENT OF THE UNIFIED NT CODE AND sua ECT To CHANCE AS THE XBILIING MAY CHANGER FOUND 5=INCH IRON RODS AT ALL LOT CORNERS, PE CLOCK CORNERS, ETCRLNLESSOTHERE ISE SPECIFIEDB 3z ACIBENOTES ACRESOF LAND SEBBENOTES SELLARE FEET OF LAND YRADENOTES YARD RE, IREMEXT BEBBENOTES BUILDING LINE UEBBENOTES UTILITY EASEMENT DEBBENOTES DRAINAGE EASEMENT CEBBENOT ES CENTERLINE OF ROADE AY BETENOTES BLOCK CORNER DE TIENOTES DRILL HOLE "SL DENOTES SET 5= IRON ROD THIS PROPERTY LIES E ITHIN FLOOD BBILIEC, COMMUNITY BEE_,,, PANEL =16., rrry OF CORPUS CHRISTI, DATED =1 AND ISNOT ITHIN THE =YEAR FLOOD PLANE 5= THE RECEIVING = ATER FOR THE STORM =ATER RUNOFF FROM THIS PROPERTY IS THECORPUS CHRISTI INNER HARBORETHETC, HAS CLAGSIFIED THE ,UATIC LIFE USE FOR THECORPUS CHRISTI INNER HARBOR AS LINT ERMEDIATE" 6= TOT, RAUED AREA IS BS, ACREBNCLUDING STREET DEDICATION5 = BASIS OF BEARI NGS ARE T HE BEARI NOS FROM SUN NYSI DE ADDITION AS RECORDED IN VOLUME 25, PAGE 53 BAR 15 GT= STATE OF TEX. COUN, OF NUECES E SCOTT ELECTRIC COMPANY, HEREBY CERT, THAT El- E ARE THE OD NERS OF LOT 02, BLOCK ,AS EMBRACED , I THIN .E BOUNDS OF THE FOREC2OING MAP,HAT I= E HAVE HAD SAID LAND SURV,ED AS SH 0, N ,HAT STREETS AN D PARK AS SHOD N ARE DEDICATED TO THE PUBLIC FOREVER,HAT ALL EASEMENTS ARE DEDICATED TO THE PUBLIC FOR THE INSTALLALION, OPERATION AND USE OF THE PU BLIC ULILIIIES,FAT THIS MAP AS .DE FOR THE PU RPOSES OF DESCRIPTION AND DEDICATION , THIS THE OF 2,6 MIKE HOPE, 0= NER STATE OF TEXAS COUNTY OF NUECES STATE OF TEXAS COUN, OF NUECES THIS FINAL PLAT OF THE HEREIN DESCRIBED PROPER, = AS APPROVED ON BEHALF OF THE CITY OF CORP. CHRIS, TEXAS BY hIE DEPARTMENT OF DEVELOPMENT SERVICES THISTHE 1.0F DEVELOPMENT SERVICES ENGINEER STATE OF TEX. CO., OF NUECES I ,A. SANDS, CLERK OF THE COUN, COURT, IN AND FOR NUECES COUNTY TEXAS, HEREBY cfinn8y-MATTHE FOREGOING INSTRUMENT DATED THE =MAY OF 2,6 ITH ITS CERTIFICATE OF AUTHENLICATION , AS FILED FOR RE.RD IN MY OFFICE THIS OF RECORDED IN VOLUME =0 PAGE__ IN RN xssat szocLocx SIM AND DU, ITNE. MY HAND AND SEAL OF OFFICE IN CORP. CHRIS, TEXAS, THIS THE ==0DAY OF KA. SANDS, COUN, CLERK STATE OF TEXAS CO., OF NUECES DEPU, TO THE COUN, CLERK Refinery I, RONALD A VOSS, A REGISTERED PROFESSIONAL LAND SURVEYOR OF VOSS ENGINEERING, INC, HAVE PREPARED THE FORE.ING MAP FROM SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO TH E BEST OF MY KNO, LEDGE, INFORMATION AND BELIE, HAVE BEEN ENGAGED UNDER .NTRACT TO SET ALL CORNERS . SHOD N HEREIN AND TO COMPLETE SUCH OPERATIONS ITHOUT DELAY, THIS THE 216, SEAL BEFORE ME, THE UNDERSIGNED AU TH ORI,, ON THIS DAY PERSONAL, APPEARED MIKE HOPE KNOD N TO ME TO BE THE PERSON 0 HOSE NAME IS SUBSCRIBED TO TH E FOREGOING INSTRUMENT OF El RITIN G AN ACKN 0, LEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATON THEREIN EXPRE.ED A. IN TNE CAPACI, THEREIN STATED, GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE --r-r-LE-55 DAY OF 2,6 NOTARY PU BLIC IN AND FOR NUECES CO, TEXAS LOT 1 RONALD A,OSS REGISTERED PROFESSIONAL LAND SURVEYOR No,2,3 LOT 2 LOT 3 1,15,RELlr li I ll{ ADDITION POL. S, P.28 R,LE _NELT) 0 S 60° 36' OC" E iel'fi,O8n-i /VOA St MS w, D /T.,,, tifad o Rlver Rd„y,,, Ljpd(I SC VICINITY MAP (N.T.S.) LOT 4 LOT 5 193.78' 0 20.3'5' D N:MPS EY STREET Exhibit "A" S- a� zl. VOSS ENGINEERING, INC. ENGINEERING AND LAND SURVEYING 6 31 IGREENI I OOD DRIVE, CORPUS CHRISTI, TEXAS 111II 15 PHONE: 13611 II 51 1621 2 FAX: 1 3611 11 5 3111 61 6 a• 15• 30• NO' GRAPHIC SCALE: 1" - 30' DATE: REVISED: OFFICE: JOB Lt 2-2-16 RV u RG 16L6u1u FIRM NO_ F,66 SHORELINE PARK ADDITION BLOCK LOT IR KILL P.P. - POUTS POT.P. G.V. - GTS VALVE K K u -8 0 UTILITY PLAN Exhibit "B" LOT 1 LT VICINITY MAP (N.T.S.) LOT 2 LOT 3 LOT 4 LOT 5 SHORI:I.INI . PARK ADDITION 2S VOL. 3, P. (-AI.R.NK.T `. 2I PROPOS,. IMETAT. BUILDING LOT 9R 25,447.3 S.P. 0.584 AC. 13.?5 LOT 8 s T h �.R. mow XIS AL N 50° 36' 00' sos -5' L DENT PALS ST EFT I 311' VOSS ENGINEERING, INC. ENGINEERING AND LAND SURVEYING 6 3 GREEN OOD DRIVE, CORPUS CHRISTI, TEXAS 15 PHONE'. 361 5 62 2 FAX 361 53 6 6 0' 15' 30' 60' GRAPHIC SCALE: 1" = 30' DATE: REVISED: OFFICE: JOB Lt wLBu2u16 RV u RG 16L6u1 u FIRM NOUFL166 Aerial Overview I N Aerial Map At N Staff Recommendation Denial of the change of zoning from the "RS -6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District, and In lieu thereof, staff recommends extending the "RS-6/SP" Single -Family 6 District with a Special Permit to all four lots subject to six conditions : 3 Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the outdoor storage of company and/or employee vehicles and a storage building for parts and material of air conditioners and electrical work. 2. Lighting: All security lighting must be shielded and directed away from adjacent residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 3. Landscape Strip: A ten (10) foot wide visual landscape strip shall be installed and maintained running parallel to, in front of, and in the distance of the required six (6) foot standard screening fence. Conditions 4. Screening Fence: A six (6) foot standard screening fence shall be installed and maintained to provide a visual barrier between the vehicular storage yard/building and the surrounding neighborhood. 5. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 5:30 PM Monday through Friday. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. PLANNING COMMISSION FINAL REPORT Case No. 1116-01 HTE No. 16-10000038 Planning Commission Hearing Date: November 2, 2016 Applicant & Legal Description Applicant/Owner: Scott Electric Co. Representatives: Chris Flores Legal Description/Location: Four lots composed of Shoreline Park, Block 8, consisting of the following four lots: Southeast 40' of Lot 9; Northwest 10' of Lot 9, all of Lot 10, and Southeast 20' of Lot 11; West 30' of Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue. Zoning Request From: "RS -6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit To: "IL" Light Industrial Area: 0.5847 acres Purpose of Request: To allow construction of a storage building. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single -Family 6 & "RS-6/SP" Single- Family 6 with a Special Permit Industrial Medium Density Single Family Residential North"RS-6" "IL" Light Industrial & Single -Family 6 Low Density Residential & Light Industrial Medium Density Single Family Residential South "RS -6" Single -Family 6 Vacant, Low Density Residential & Industrial Medium Density Single Family Residential & Mixed Use East "IL" Light Industrial Light Industrial Medium Density Single Family Residential West "RS -6" Single -Family 6 Vacant & Low Density Residential Medium Density Single Family Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundary of the Central Business Area Development Plan and is planned for commercial uses fronting Port Avenue and medium density residential uses fronting Lexington Avenue on all of Block 8 where the subject property is located. The proposed rezoning to the "IL" Light Industrial District is not consistent with the adopted Future Land Use Map or the Central Business Area Development Plan. Map No.: 046045 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 205 feet of street frontage along Dempsey Street, which egresses onto Port Avenue that the Urban Transportation Plan designates as an "Al" Arterial. The maximum desirable average daily trips (ADT) for a designated "Al" is 15,000 to 24,000 daily trips. The subject property is located on the north side of Dempsey Street approximately 95 feet west of Port Avenue. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2015/2016) Port Avenue "Al" Minor Arterial Undivided 95' ROW 64' paved 72' ROW 58' paved 14 277 ADT Dempsey Street Local Residential 50' ROW 28' paved 43' ROW 27' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District and the"RS-6" Single -Family 6 District with a Special Permit District to the "IL" Light Industrial District to allow the construction of a storage building. Development Plan: The proposed rezoning is within the Shoreline Park Subdivision. The applicant is proposing a storage building on a 0.5847 acre tract of land. The proposed storage building will cross three of the four lots and be 40 feet by 100 feet, totaling 4,000 square feet of building area. It will be used to store electrical and air conditioning parts and material which is already stored on sight in smaller buildings. A buffer yard of 10 feet along with a 6 foot standard screening fence would be required along the property lines abutting the "RS -6" Single -Family 6 District and is already in place along with a 6 foot standard screening fence to provide a visual barrier for the surrounding neighborhood. The site is proposed to have access from Dempsey Street and Port Avenue. Existing Land Uses & Zoning: The subject property is currently being used for commercial vehicle storage and zoned "RS-6/SP" Single -Family 6 with a Special Permit District. Scott Electric Co. also owns the lots north of the subject property and is being used as commercial vehicle and parts storage that is zoned "IL" Light Industrial and "IL/SP" Light Industrial with a Special Permit District. South of the subject property is a commercial business, single-family residential, and two vacant lots zoned "IL" Light Industrial District and "RS -6" Single -Family 6 District, respectively. East of the subject property there are more lots owned by Scott Electric Co. which are also being used and are commercially zoned "IL" Light Industrial District. West of the subject property are vacant lots zoned "RS -6" Single -Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1116-01 Scott Electric\Council Documents\Report for CC_1116-01_Scott Electric Co.docx Staff Report Page 3 Plan CC & Area Development Plan Consistency: The subject property is located within the boundary of the Central Business Area Development Plan which designates the subject property for medium density residential uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with Plan CC and the Future Land Use Map which designate the area as Medium Density Single Family Residential. Additionally, the following are pertinent elements of Plan CC and the Central Business Area Development Plan that should be considered: • Promote financial incentives for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. (Plan CC, Element 4, Goal 2, Strategy 2) • Encourage the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. (Plan CC, Element 4, Goal 2, Strategy 3) • Encourage improvements of the port area and its facilities according to the Port of Corpus Christi's Strategic Plan. (Plan CC, Element 4, Goal 7, Strategy 1) • Promote expansions of local businesses and target innovative and entrepreneurial businesses for relocation, and attract high -wage jobs in fields such as tourism, science, technology, and green or clean industries that create a vibrant economy. (OBJECTIVE Economic Development 1, Central Business Area Development Plan) • Mixed-use districts are being actively encouraged, and locations for new mixed- use centers are being identified, providing live -work -shop opportunities that minimize travel needs. The properties located along Shoreline Boulevard have been identified as areas that shall be considered for tourist -related and residential mixed uses, with limited office or non -tourism related business uses. (POLICY Live -Work Units 1.2, Central Business Area Development Plan) Plat Status: The subject property is currently comprised of four platted lots. In order to construct the proposed storage building, the property needs to be replatted. Department Comments: • The proposed rezoning deviates from Plan CC: o Uses typically found in the "IL" Light Industrial District should be prohibited along Dempsey Street and Lexington Avenue which the future land use maps designates as Medium Density Single Family Residential. o The proposed storage building is completely within the lots owned by Scott Electric Co. which currently function as a commercial business and will not alter the aesthetics of the current buffer and standard screening fence. • It is Staff's opinion that the proposed rezoning would negatively impact the surrounding residential properties and the property to be rezoned is inconsistent with the Future Land Use Plan's designation of the property as a Medium Density Single Family Residential use. • An "IL" Light Industrial District would allow uses that are not compatible with the surrounding residential subdivision and could potentially increase traffic through residential areas on Dempsey Street and Lexington Avenue, which are local residential streets. Staff Report Page 4 • Staff's opinion is that a storage building does not decrease the residential desirability of this neighborhood. This is one of the findings required per Plan CC when deciding which commercial uses to allow within residential areas. • Property was previously rezoned in 2008 for an "SP" with conditions that created compatibility. • It is Staff's opinion that a Special Permit with conditions could continue to work in this situation. Planning Commission and Staff Recommendation: Denial of the change of zoning from the "RS -6" Single -Family 6 District and "RS-6/SP" Single -Family 6 District with a Special Permit to the "IL" Light Industrial District, and in lieu thereof, staff recommends extending the "RS-6/SP" Single -Family 6 District with a Special Permit to all four lots subject to the following six conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the outdoor storage of company and/or employee vehicles and a storage building for parts and material of air conditioners and electrical work. 2. Lighting: All security lighting must be shielded and directed away from adjacent residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 3. Landscape Strip: A ten (10) foot wide visual landscape strip shall be installed and maintained running parallel to, in front of, and in the distance of the required six (6) foot standard screening fence. 4. Screening Fence: A six (6) foot standard screening fence shall be installed and maintained to provide a visual barrier between the vehicular storage yard/building and the surrounding neighborhood. 5. Hours of Operation: The hours of operation shall be the same as the business hours of operation from 7:00 AM to 5:30 PM Monday through Friday. 6. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 5 Opposed: 0 Absent: 2 K:\DevelopmentSvcs\SHARED\ZONING CASES\2016\1116-01 Scott Electric\Council Documents\Report for CC_1116-01_Scott Electric Co.docx Staff Report Page 5 Public Notification Number of Notices Mailed — 26 within 200 -foot notification area 2 outside notification area As of November 21, 2016: In Favor — 1 inside notification area — 0 outside notification area In Opposition — 1 inside notification area — 0 outside notification area Totaling 2.43% 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) " RS -6 4 �4* � el, 4,448 'Ate.SU':JE T PR�PE�-T�l� M 4, * le91s iff Aff,b,. 7p0 44k* "31 Mp�F� R� � �� � ii414 SSP/0'8 0 ;16 M4 p14 p 29 m� *****, #1 M-34 Fc m Fs N co n RM -1 O 400 0 Feet Date Great -•: 10/17/2016 Prepared lvetteM Departm nt Of evel , 6tent Seffices CASE: 1116-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on v Owners attached ownership table A in opposition r ,� SUBJECT v,J IPRO;PERTY� CHANNEL LEOPARD AGNES LOCATION MAP City of Corpus Christi /6-10 p�?us e,.. >i_ ._h r A *PC 7652 : Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78468-9277 ( 24 626-3240 at Located at 2406 Leopard Street REZONING APPLICATION ^N '—►" � C1fe3, ,__ Case No.. Map No.. D LI 6D'S Hearing Date: 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 APPUCATIONS WILL NOT BE ACCEPTED. • - Scott FtP,ctrir; (',r1 [;ht ICfClclhpr Ftf�rP,C Iili:nw.awi.: - - .. 'WliicK,t r"t�ISGI I . . Mailing Address:P.O. Box 1819 orpus Christi City:Cstate:TX zip:78403 Phone:3� 61 )884-6326 E-mail: Cell: (361 )533-3480 2. Property Owner(s)=Mike Hope Mailing Address:P•O• Box 1819 Contact Person :Christopher Flores ( City:Corpus Christi State:TX ZIP:78403 Phone: (361 )884-6326 E-mail Cell: ( ) 3. Subject Property Address; See Attached Sheet Area of Request (SF/acres): Current Zoning & Use: RS -C. Rs - /SP Proposed Zoning & Use. { L 12 -Digit Nueces County Tax ID: ,__ ,_ _ _ _ _ _ _ _ _ _ Subdivision Name: See Attached Sheet Block: Lot(s): Legal Description if not platted:See Attached Sheet 4. Submittal Requirements: Date Held 10-3-16 ; with City Staff Priscilla Ramirez Early Assistance Meeting: ❑ Land Use Statement L Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE: 'Peak Hour Trip Form (If request Is Inconsistent exhibit with Future Land Use Plan) • Site Plan for PUD or Special Permit if property includes un -platted land (sealed by RPLS) 0 Lien Holder Authorization ■J Metes & Bounds Description with I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning s or on behalf of the Property Owner(s); and the information provided is accurate. j/cS Owner nt's Signature Applicant's Signature Christopher Flores Owner or Agent's Printed NameApplicant's Printed Name ^ - Office Use Only: Date Received: PD-5—PD-5— I ttt o - Received. By; 7� ADP: t�8 Rezoning Fee: 111.0-7 • SO + PUD Fee_ pr + Sign Fee a ° =Total Fee / I 027 • Sf, No. Signs Required $10/sign Sign Posting Date: K:50EVELOPMENT5VCS15MAREDLLAND DEVELOPMENT APPLICATION FORMS REZONING1zoN* G APPLICATION 2015 DOC It ne.l+'1Q. ffrw/,, orm r:ev Property ID Tax ID 1. 200021058 2. 200021064 3. 200021073 4.200021076 Supplement Document Land area Legal Description 8013-0008-0090 0.1148 Acre Shoreline PK 5E40' LT 9 BK 8 5000.0 Sqft 8013-0008-0095 0.2296 Acre Shoreline PK NW10' LT 9, All LT 10 & 5E20' 10000.0 Sqft of LT 11 BK 8. 8013-0008-0120 0.1148 Acre Shoreline PK W30' LT 11 & E10' of LT 12 BK 8 5000.0 Sqft 8013-0008-0125 0.1255 Acre Shoreline PK W43.75' of LT 12 BK 8 5468.0 Sqft Total Land Area 0.5847 Acre / 25,468 Sqft 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. * Scott Electric Co. is requesting a re -zoning in order to build a new 40' x 100' (4000 sqf) storage building. This building will be strictly for storage of electrical and a/c parts and material. The hous of operation will be the same as our business hours ...Monday thru Friday 7:00am - 5:30pm. Identify the existing land uses adjoining the area of request: North - Business -Scott Electric Main Office South - Business- GIS Const. LLC East - Business- Bradleys West - Residential- Lexington Ave C: USER51TANYAR.0001DESKTOP4DAILY USEIANNIKA4LAND Use STATEMENT FOR ZONING.DCC 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: Scott Electric Co. STREET: 2001 N. Port Ave CITY: Corpus Christi ZIP: 78403 FIRM is:°Corporation °Partnership ()Sole Owner °Association °Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Christopher Flores (Print Name) Signature of Certifying Person: Title: Manager Date: 10-3-16 K:IDEVELOPMENTSVCSLSHAREDILAND DEVELOPMENTWPPLICATICN F. '.ISIREZONING'DISCLOSURE OF INTERESTS STATEMENT_5 12.2615 DOC PEAK HOUR TRAFFIC (PHT) FORM Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.cctexas coin A Traffic Impact Analysis (TIA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Property Address: 1919 N. Port Ave Legal Description (Subdivision, Lot, Block): Applicant Name: Scott Electric Co. Address: City/StatelZip: Corpus Christi, TX 78403 Telephone: 361-884-6326 Email: Application Status (Select One)• a Rezoning a Site PIanJJStreet Closure Existing Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Tris P.M. Trip Rate Peak P.M. Trips D• sb 0-64-K-6 p 1 U_o ori °- 0.5-c a s6 fee Proposed Land Use Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip aleTriipsRatte Rale Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips 0' e/ 1f4� L Y\ ,210 0,/7 9S]] f, CP-- I S/- Total p, if Total Ar OZ Abutting Streets Street Name Access Proposed To Street? Pavement Width (FT) ROW Width (FT) N.Port Ave Existing Dempsey St. Existing John St. Existing For City Use Only A Traffic Impact Analysis IS required. The consultant preparing the TIA must meet with JZthe City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not 111 exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: Date: 10-3-16 Note: This completed and reviewed form must a:company any subsequent appli atiun for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. 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: Christoher Flores Mailing Address: P.O. Box 1819 City: Corpus Christi Home Phone: () State: TX Zip: 78403 Business Phone: ( 361 ) 884-6326 Cell: ( 361 ) 533-3480 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are legally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "I", "my", or "me" is a reference to the entity. *Signature of Agent: nor. Printed/Typed Name of Agent: Christopher Flo - s *Signature of Property Owner: Printed/Typed Name of Property Owner: Mike Hope Title: Manager Date: 10-3-16 Title:VP Date: 10-3-16 *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.APPOINTMENT OF AGENT2-I9-09.doc Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que tienen la intenci6n de asistir a este iuntayy gue recuieren servicios especialese les suclica cue den aviso 48 horas antes de la junta Hernando al departamento de servicios de desarrollo, al ni mero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea. diriairse a la commission durante la junta y su in,gles es limitedo. favor de Hamar al departamento de servicios de desarrollo al ntmeroj361) 826-3240 al menos 48 horas antes de la junta riara solicitar un interprete. ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1116-01 Scott Electric, Co. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District and "RS-6/SP" Single Family 6 District with a Special Permit to the "IL" Light Industrial, resulting in a change to the Future Land Use Map from low density residential uses to light industrial uses. The property to be rezoned is described as: Being four Tots composed of Shoreline Park, Block 8, consisting of Southeast 40' of Lot 9; Northwest 10' of Lot 9, all Lot 10, and Southeast 20' Lot 11; West 30' Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 2_, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: ,1 _) . e`' f ? - Address: ) 2 1 POT4 1°t til 1 City/State:( ,, j 5 i. '1 0-1 ,-/-!! 70) ?)6 IN FAVOR ( ) IN OPPOSITION Phone: 5 7700 REASON: SEE MAP ON REVERSE SIDE Property Owner ID: 29 HTE# 16-10000038 ,40// Signature Case No. 1116-01 Project Manager. Brenda Joyas City of Corpus Christi Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 29 855700010010 GIS CONSTRUCTION LLC 1821 N Port Ave Corpus Christi, TX 78401 LIS. POSTAGE i» PITNEY BOWES ��dp9kr ZIP 78412 $ 000.465 02 4Y 00003406170CT 21 2016 CASE: 1116-01 SUBJECT PROPERTY WITH ZONING 1771 Subject ICLJ Property 011-1 IbWHamlly t RM -2 NuReamdy 2 0143 IeunllamHy OX Prol...kn.l Olrk. RM#T Motlfamey AT CNA Neighborhood Cornm.rmai CH.2 Neighborhood Commercial CR -I R.eortComm.rclal CR -2 Rood Commercial CG•1 Gnml Cmnm.ml.l CGS General Conlm.rcl.l CI kibosh. Commercial COD Downtown Commercial CR.3 Resort Commercial FR Farm Rural H Historic Overlay OP 9m.ay.e Park IL tight Industrial II Heavy Industrial PUD Planned une Oev. Overlay 03-l9 Single -Family 19 P$4 eingle.Famlly 9 03-45 lingb-Family 4.1 RS.TF Tt.n-samhI R9-06 61rrg0 Famly 16 RE Residential Estate 03.114 Townhouse 3P Special Permit RI; Recres1ohal *Kid. Park RUN Manuhclund Hon. SUBJECT PROPERTY !LOCATION MAP; C 1:4 Er City of Corpus Christi { Persons with disabilities planning to attend this meeting, who `mai require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, oue tienen Ia intencian de asistir a este junta y que requieren servicios especiales, se les suplica que den aviso 48 horas antes de Ia junta Ilamando al departamento de servicios de desarrollo, al n imero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante Ia junta y su innles es limited°, favor de Ilamar al de•artamento de servicios de d-sarrollo al niimero 361 826-3240 al menos 48 horas antes de la 'unta •ara solicitar un interDrete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1116-01 Scott Electric, Co. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS - 6" Single -Family 6 District and "RS-6/SP" Single Family 6 District with a Special Permit to the "IL" Light Industrial, resulting in a chane to the Future Land Use Map from low density residential uses to light industrial uses. The property to be rezoned is described as Being four lots composed of Shoreline Park, Block 8, consisting of Southeast 40' of Lot 9; Northwest 10' of Lot 9, all Lot 10, and Southeast 20' Lot 11; West 30' Lot 11 and East 10' of Lot 12; West 43.75' of Lot 12; located on Dempsey Street between Lexington Avenue and North Port Avenue. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 2, 2016, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: Address:, * ,14#1,1/ City/State;,/'1i ( ) 1N FAVOR 3 IN OPPOSITION Phone: er.V REASON: SEE MAP ON REVERSE SIDE 'roperly Owner ID 21 HTE# 16-10000038 Signature mo7) Case No. 1116-01 Project Manager. Brenda Joyas 1 4 a H. City of Corpus Christi • Development Services Dept. P.O. Box 9277 Corpus Christi, Texas 78469 21 801300010070 WEATHERSBY-GRAY VANECIA & VALENCIA BUGGS 11826 Mill Valley Rd Houston, TX 77048 ' U SI POSTAGE») PITNEY BOWES / r -,Z=01, 41/1/1 as 1 velar ��r ZIP 78412 $ 000x46$ 02 411 0000340617 OCT 21 304" CASE: 1116-01 SUBJECT PROPERTY WITH ZONING Subject Property / 11.1 M.Rtl.mlly 1 R1,42 uulhramly 2 P 113 uoI1Namlll3 ON Pr.r...Ion.I Office MAAT11uh11121115 AT C111-1 Nelphperh000 Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 CO -1 CO -2 CI CRC CR3 FR H O P Resort Commercial General Cammerelel General Commercial Means's* Commercial D owntown Commercial Resort Commercial Farm Rural Historic Overlay B ulimia' Park IL 114011nau/tryl RI Haesy InpuHxal PUS Planned Unit Oe.. Overlay 87.10 ample -Family 10 R34 Single -Family 0 13-1.1 Simple -Family 0.7 RS -TF TWO.Famlly R5•IS llnp4•Famly II RE Reeleenllal Eepea RSThl Townhouse OP Specie Perrot RH Recreational Vehicle Park IWN IlUnulactore¢ Home i R ;4- 1./ 1/1 SUBJECT , PROPERTY :LOCATION MAP] 2rra1MR LPoNr.; rElate Orel%rivond 'I+I nt O!M•RabpenM11 S M' �r o° 7/011 ' r1.1►u Er M City or Cotpus Christi AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of December 13, 2016 Second Reading for the City Council Meeting of December 20, 2016 DATE: October 27, 2016 TO: Margie C. Rose, City Manager FROM: Daniel McGinn, Interim Director, Development Services Department DanielMc@cctexas.com (361) 826-3595 Street Closure for a portion of Airline Road, located south of Lipes Boulevard and north of President's Drive and west of Rodd Field Road. CAPTION: Ordinance closing, vacating, and abandoning a previously developed and surfaced 67,693 -square foot (1.55 acres) portion of a public right-of-way, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas, and requiring the abutting owners to comply with specified conditions; and providing an effective date. PURPOSE: The purpose of this item is to close, vacate, and abandon a portion of a public right-of-way that is owned by the City of Corpus Christi that is no longer needed by the City of Corpus Christi and the properties to be vacated to be returned to the abutting owners. BACKGROUND AND FINDINGS: City of Corpus Christi (Owner) is requesting the closure, vacation, and abandonment of a previously developed and surfaced 67,693 -square foot portion (1.55 acres) of a public right-of-way, dedicated by Plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map records of Nueces County, Texas. The closure, vacation and abandonment of a previously developed public street right-of-way is being requested by City staff. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of which the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is initiated by the City, as it is in this case. The abutting Owners have been advised of and concur with the conditions of the public street right-of-way closure, vacation and abandonment ordinance. ALTERNATIVES: Denial of the street closure. This will force the city to continue mowing and maintaining the area in question which doesn't serve any purpose due to the new relocated Airline Road where it meets Rodd Field Road. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None of the City departments and franchised utility companies have objection to the proposed public right-of-way abandonment as long as a Utility Easement is maintained over the entire vacated and abandoned area. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owners must comply with the following conditions: a. A Utility Easement is maintained over the entire vacated and abandoned area. b. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. c. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Aerial Maps Ordinance closing, vacating, and abandoning a previously developed and surfaced 67,693 -square foot (1.55 acres) portion of a public right-of-way, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas, and requiring the abutting owners to comply with specified conditions; and providing an effective date. WHEREAS, the City of Corpus Christi is initiating the closure, vacation, and abandonment of a previously developed and surfaced 67,693 -square foot portion (1.55 acres) of a public right-of-way, dedicated by Plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, December 13, 2016, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, no payment of the fair market value will be required for the City initiated closure; WHEREAS, upon approval by the City Council and issuance of the ordinance, all grants of streets closures will be recorded at the City's expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording retained by the City; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, vacate, and abandon the subject portion of the previously developed and surfaced 67,693 -square foot portion (1.55 acres) of a public right-of-way, dedicated by Plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas, subject to compliance by the abutting Owners with the conditions specified in this ordinance; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Article X, §1(a) (11) of the City Charter, the previously developed and surfaced 67,693 -square foot portion (1.55 acres) of a public right-of-way, dedicated by Plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map records of Nueces County, Texas is closed, abandoned and vacated by the City of Corpus Christi ("City"), subject to the abutting Owners compliance with the conditions specified in Section 2 of this ordinance. Exhibit "Al" and Exhibit "A2" which is the metes and bounds description of the subject portion, Exhibit "B1" and Exhibit "B2" which is the graphical representation for the metes and bounds description, and Exhibit "C," which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The closure, abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the abutting Owners compliance with the following requirements: a. A Utility Easement is maintained over the entire vacated and abandoned area. b. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. c. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. SECTION 3. This ordinance takes effect upon adoption. 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: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED on this the day of , 2016. ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor Exhibit A-1 E9- Development Services Airline Road — Street Closure STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 29,513 square feet (0.68 acres) of land out of Lots 2, 3 and 4, Block 1, Brighton Park Addition No. 2, a map of which is recorded in Volume 68, Page 568, Map Records of Nueces County, Texas and being a portion of Airline Road located between the south boundary of !Apes Boulevard and the north boundary of President's Drive, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas. This 29,513 square foot tract being more fully described by metes and bounds as follows: Commencing at the intersection of the existing south boundary of Lipes Boulevard with the existing west boundary of said Airline Road, same being the east boundary of said Manhattan Estates Unit 6, for the northeast corner (no monumentation found or set) of said Lot 1, Block 4, said Manhattan Estates Unit 6, from which corner a found 5/8 inch iron found bears South 61°18'29" East, a distance of 0.22 feet; Thence, South 02°06'1 l" West, along the existing west boundary of Airline Road, same being the east boundary of said Manhattan Estates Unit 6, a distance of 32.18 feet and thence South 61°13'05" East, a distance of 33.57 feet for the Point of Beginning and the northwest corner (no monumentation found or set) of this tract and for the northwest corner of Block i, Brighton Park Addition No. 2, a map of which is recorded in Volume 68, Page 568, Map Records of Nueces County, Texas; Thence, with the westerly projection of the existing south boundary of re-routed Airline Road, parallel with its centerline and 42.50 feet distant there from, South 61°13'05" East, a distance of 33.57 feet to the east boundary of said Airline Road for the northeast corner (no monumentation found or set) of this tract; Thence, with the east boundary of said Airline Road, same being the east boundary of this tract, South 02°06'11" West, a distance of 976.23 feet to a 5/8 inch iron rod found for the southeast corner of this tract; Thence, with the southerly boundary of this tract, North 87°53'49" West, a distance of 30.00 feet to the centerline of said Airline Road for the southwest corner (no monumentation found or set) of this tract; Thence, North 02°06'11" East, with the centerline of said Airline Road and the west boundary of this tract, at 1.06 feet pass a nail and disc found in the centerline of said Airline Road, in all a total distance of 991.90 feet to the Point of Beginning and containing 29,513 square feet (0.68 acres) of land. Bearings shown are based on the west boundary of Brighton Park Addition No. 2 (Volume 68, Page 568, Map Records of Nueces County, Texas) as monumented on the ground and shown as North 02°06'11" West on said recorded plat of Brighton Park Addition No. 2. STATE OF TEXAS COUNTY OF NUECES 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certi1 that the foregoing field notes were prepared by me from a land survey made on the ground under my supervision. -,sE OF rF ti CO•PIC. E . • This the 6th day of October, 2016 wvisK o, Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 K 1Engineering\Survey\PROJECTSUN-F 9 -DEV SERVICES -AIRLINE ROAD CLOSU ROAD CLOSURE-2015-FNA-1.docx RUSSELL D. OCAS A _ 90 5241 .^ ; F�sstO: 5Winal Documents\JN-E9-DEV SERVICES AIRLINE Page 1ori ebsdect, �C4's 344 "POINT OF COMMENCEMENT" sEE DETAH "A' S 0706'11" W 32.18' "POINT OF BEGINNING'. S 61'13'05" E 33.57' S 61'13'05" E 33.57' LOT 2, BLOCK 1 BRIGHTON PARK ADDITION VOL. 68, PGS. 394-395, MRNCT *43 (SO. ` \ Z0n ) yf� pvr r BEARWCS SHOWN ARE BASED ON THE WEST BOUNDARY OF BRIGHTON PARK AODI17ON NO.2 (WL 68, PG. 568, M.R.N.C.T.) AS MONUMENTED ON THE GROUND AND SHOWN AS NORTH 0706'11" WEST ON SAID RECORDED PLAT OF BRIGHTON PARK ADDITION NO.2 MAP TO ACCOMPANY FJELDNOTES A tract of land containing 29,513 square feet (0.68 acres) of land out of Lots 2, 3 end 4, Block 1, Brighton Park Addition No. 2, a map of which is recorded in Volume 68, Page 588, Map Records of Nueces County, Texas end being a portion of Airline Road located between the south boundary of Lipes Boulevard and the north boundary of President's Drive, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68. Pages 392 and 393, Map Records of Humes County, Texan. POD - POINT OF BEGINNING POC - POINT OF COMMENCEMENT NMFS - NO MONUMENTATION FOUND OR SET MRNCT - MAP RECORDS OF NUECES COUNTY. 1EXAS OPRNCT - OFFICIAL PUBLIC RECORDS OF NUECES COUNTY. TEXAS I.R. - IRON ROD U.E. - UTILITY EASEMENT 200 400 600 —INNI - - EXHIBIT B—i 4jrf� CITY of CORPUS CHRISTI, TEXAS Engineering Services Survey Division 361-826-3551 ' Date: 70/5/2076 Checked 8y: RO\ON I sitar 10f I Drown By: JJS Project E9 -DEV SERVICES -AIRLINE ROAD -CLOSURE K1&rapineerirwls+r vyr PRDJfCTs1.N-ES-DEV SEA CE5-MILINE Tay CLOSU 2MAA JN -E9 -DEV SERVICES-AIRLNE ROAD cLOSUiE 201...dep Exhibit A-2 E9- Development Services Airline Road — Street Closure STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 38,180 square feet (0.88 acres) of land and being a portion of Airline Road located between the south boundary of Lipes Boulevard and the north boundary of President's Drive, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 68, Pages 392 and 393, Map Records of Nueces County, Texas. This 38,180 square foot tract being more fully described by metes and bounds as follows: Commencing at the intersection of the existing south boundary of Lipes Boulevard with the existing west boundary of said Airline Road, same being the east boundary of said Manhattan Estates Unit 6, for the northeast corner (no monumentation found or set) of said Lot 1, Block 4, said Manhattan Estates Unit 6, from which corner a found 5/8 inch iron found bears South 6i 98'29" East, a distance of 0.22 feet; Thence, South 02°06'11" West, along the existing west boundary of Airline Road, same being the east boundary of said Manhattan Estates Unit 6, a distance of 32.18 feet for the Point of Beginning and the northwest corner (no monumentation found or set) of this tract; Thence, with the westerly projection of the existing south boundary of re-routed Airline Road, parallel with its centerline and 42.50 feet distant there from, South 61°13'05" East, a distance of 33.57 feet to the centerline of said Airline Road for the northeast corner (no monumentation found or set) of this tract and for the northwest corner of Block 1, Brighton Park Addition No. 2, a map of which is recorded in Volume 68, Page 568, Map Records of Nueces County, Texas; Thence, with the centerline of said Airline Road, same being the east boundary of this tract, and the west boundary of said Brighton Park Addition No. 2, South 02°06'11" West, a distance of 1265.12 feet for the southeast corner (no monumentation found or set) of this tract; Thence, with the south boundary of this tract, North 87°53'49" West, a distance of 30.00 feet to the west boundary of said Airline Road, same being the east boundary of Manhattan Estates Unit 6, to a 5/8 inch iron rod with a Bass & Welsh cap found for a corner of Lot 19, Block 2, said Manhattan Estates Unit 6 and for the southwest corner of this tract; Thence, with the east boundary of said Manhattan Estates Unit 6, same being west boundary of said Airline Road and of this tract, North 02°06'11" East, a distance of 1280.19 feet to the Point of Beginning and containing 38,180 square feet (0.88 acres) of land. Bearings shown are based on the west boundary of Brighton Park Addition No. 2 (Volume 68, Page 568, Map Records of Nueces County, Texas) as monumented on the ground and shown as North 02°06'11" West on said recorded plat of Brighton Park Addition No. 2. STATE OF TEXAS COUNTY OF NUECES I, Russell D. Ochs, a Registered Professional Land Surve or, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my s This the 6th day of October, 2016 Jul ,AA &. o,k Russell D. Ochs, R.P.L.S. State of Texas License No. 5241 K:lEngineering\Survey1PROJECTSVN-E9-DEV SERVICES-AIRL CLOSURE-20151FnaI DocumentsUN-E9-DEV SERVICES -AIRLINE ROAD CLOSURE-2015-FN-A-2.docx Page 1 of 1 ekr qo 4'S 41P664', 'POINT OF COMMENCEMENT" SEE DETAIL 'A- S 02'06'11" W 32.18' 'P01NT OF BEGINNING- S " E 33..5757'' LOT 2, BLOCK 1 BRIGHTON PARK ADDITION VOL 68, PGS. 394-395, MRNCT Li z SD Q 0 0 azoor (so. 44, ittrifis `r BEARINGS SHOWN ARE BASED ON 7HE WEST BOUNDARY OF BRIGHTON PARK ADDITION NO.2 (VOL. 68 PG 568, M.R.N.C.T.) AS MONUMENTED ON AHE GROUND AND SHOWN AS NORTH 0706'11" WEST ON SAID RECORDED PUT OF BRIGHTON PARK ADDITION NO.2 FD. 5,er L WITH aAss CAP w' 0 MAP TO ACCOMPANY FIELDNOTES A tract of land containing 38,180 square feet (0.88 acres) of land and being a portion of Airline Road located between the south boundary of Lipes Boulevard and the north boundary of President's Drive, as shown on the recorded plat of Manhattan Estates Unit 6, a map of which is recorded in Volume 88, Pages 392 and 393, Map Records of Nueces County, Texas FOB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT NMFS = NO MONUMENTAT1ON FOUND OR SET MRNCT = MAP RECORDS OF NUECES COUNTY, TEXAS OPRNCT = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS I.R. = IRON ROD U.E. = UT1UTY EASEMENT 200 400 600 S — — EXHIBIT B-2 n CITY of CORPUS CHRISTI, TEXAS Engineering Services Survey Division 361-826-3551 Data 10/5/2016 Checked By: RO\ON I SHEET I of LMawn By: J,O Project E9 -DEV SERVICESAIRUNE ROAD -CLOSURE Kl lSur++rl l.AV-ED-DEV SERVICES -ARAE ROOD cLOSr 2O15‘ JN -E9 -DEV SERWWGEs AIRLOVE Raw CLOSURE-2OI5.dwg EXHIBIT "C" AERIAL MAP AERIAL OVERVIEW AIRLINE ROAD I N AERIAL MAP STREET CLOSURE AGENDA MEMORANDUM Action Item for the City Council Meeting of December 13, 2016 DATE: December 5, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Changing the Start Time of City Council Meetings CAPTION: Motion changing the start time of the regular City Council Meetings from 11:30 a.m. to 2:00 p.m. beginning on December 20, 2016. PURPOSE: Mayor Dan McQueen is requesting to change the start time of regular City Council meetings to 2:00 p.m. beginning on December 20, 2016. City Council policies require Council approval of any changes to the regular meeting time. BACKGROUND AND FINDINGS: Section 16.a.1. of the Council Policies states that the City Council shall meet in regular session at 2:00 p.m. each Tuesday, except for the first Tuesday each month. The time for a regular meeting may be changed, however, as deemed advisable by the Council. On December 11, 2012, the City Council passed Motion No. 2012-200, which changed the City Council meeting start time from 12:00 noon to 11:30 a.m. CONFORMITY TO CITY POLICY: Conforms with City Council policies. DEPARTMENTAL CLEARANCES: None. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital II Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): N/A LIST OF SUPPORTING DOCUMENTS: City Council Agenda Restructuring City Council Agenda Restructuring A. Call to Order. — 2:00 p.m. B. Invocation. C. Pledge of Allegiance. D. Roll Call. E. Proclamations/Commendations F. City Manager's Comments G. Minutes. H. Board and Committee Appointments. I. Consent Agenda. This item will contain: a. Second Readings, with no dissent anticipated. b. Previously discussed items not requiring a second reading, with no dissent anticipated. J. Public Hearings. K. Regular Agenda. This item will contain: a. Second readings, with dissent anticipated. b. Items previously discussed, not requiring a second reading, with dissent anticipated. c. Emergency items not previously discussed. L. First Reading Ordinances M. Future Agenda Items. This item will contain: a. Items for next week's agenda which do not require second readings. N. Briefings — Presentation items for discussion only. (May be scheduled for an approximate time if desired) 0. Public Comment. — 5:30 p.m. P. Executive Sessions Q. Adjournment. AGENDA MEMORANDUM Action Item for the City Council Meeting of December 13, 2016 DATE: December 6, 2016 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Setting the Date for the 2017 City Council Retreat CAPTION: Discussion and possible action to set the date for the 2017 City Council Retreat. PURPOSE: Historically, the newly -elected City Council holds a planning retreat to set goals for the council term, and to discuss other administrative matters. Staff is proposing a number of dates for the Council's consideration. BACKGROUND AND FINDINGS: The proposed dates are as follows: • Friday, January 13 • Monday, January 16 (note: Martin Luther King Day, but this is not a city holiday.) • Monday, January 30 The meeting time for all dates is 8:30 a.m. to 4:00 p.m. DEPARTMENTAL CLEARANCES: City Manager FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital IINot applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): None Comments: None LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Emergency Ordinance for the City Council Meeting of December 13, 2016 DATE: November 22, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2604 Accepting and appropriating an Impaired Driving Mobilization grant from the Texas Department of Transportation (TXDOT) CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $7,837.02 for the 2017 Impaired Driving Mobilization grant within the Police Department, for overtime DWI enforcement, with a City cash match of $3,327.89, for a total project cost of $11,164.91 and appropriating $7,837.02 in the No. 1061 Police Grants Fund; and declaring an emergency. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: The State of Texas, Department of Transportation is providing funding for a special Impaired Driving Mobilization STEP for the periods of Christmas/New Year December 15 — January 1, 2017, Spring Break March 4 — March 21, 2017, Independence Day June 24 — July 5, 2017, and Labor Day August 18 — Sept 3, 2017. The grant places overtime officers across the City with various hours of operation. The grant has been awarded to the department for the past 7 years. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance OMB 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 $215,408 $215,408 Encumbered / Expended Amount 36,265 36,265 This item $3,328 $3,328 BALANCE $175,815 $175,815 Fund(s): Police Grants Comments: RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award document Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $7,837.02 for the 2017 Impaired Driving Mobilization grant within the Police Department for overtime DWI enforcement with a City cash match of $3,327.89, for a total project cost of $11,164.91; appropriating $7,837.02 in the No. 1061 Police Grants Fund; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Texas Department of Transportation (TXDOT) in the amount of $7,837.02 for the 2017 Impaired Driving Mobilization grant within the Police Department for overtime DWI enforcement with a City cash match of $3,327.89, for a total project cost of $11,164.91. SECTION 2. That $7,837.02 grant is appropriated in the No. 1061 Police Grants Fund to continue funding overtime for DWI enforcement. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor 1 Corpus Christi, Texas Day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Dan McQueen Mayor Council Members The above ordinance was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 13, 2016 Second Reading Ordinance for the City Council Meeting of December 20, 2016 DATE: TO: Margie C. Rose, City Manager November 17, 2016 THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Acceptance of the grant contract for the Nutrition Services Section/Women, Infants and Children (NSS/WIC) grant and appropriation of the funds for the contract period October 1, 2016 through September 30, 2017; and ratifying acceptance of the grant agreement to begin October 1, 2016. CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Women, Infant and Children's Nutrition Program (WIC) grant in the amount of $1,012,631.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2016, through September 30, 2017; and ratifying acceptance of the grant agreement to begin October 1, 2016. PURPOSE: To provide funds for personnel costs, supplies and other expenses to run The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) that provides supplemental foods, health care referrals, and nutrition education for eligible low-income pregnant, breastfeeding, and non -breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk within the State of Texas. BACKGROUND AND FINDINGS: Population Served: The WIC target population are low-income, nutritionally at risk: • Pregnant women (through pregnancy and up to 6 weeks after birth or after pregnancy ends). • Breastfeeding women (up to infant's 1st birthday) • Nonbreastfeeding postpartum women (up to 6 months after the birth of an infant or after pregnancy ends) • Infants (up to 1st birthday). WIC serves 53 percent of all infants born in the United States. • Children up to their 5th birthday. Benefits The following benefits are provided to WIC participants: • Supplemental nutritious foods • Nutrition education and counseling at WIC clinics • Screening and referrals to other health, welfare and social services Program Delivery WIC is not an entitlement program as Congress does not set aside funds to allow every eligible individual to participate in the program. WIC is a Federal grant program for which Congress authorizes a specific amount of funds each year for the program. WIC is • administered at the Federal level by FNS • administered by 90 WIC state agencies, through approximately 47,000 authorized retailers. • WIC operates through 1,900 local agencies in 10,000 clinic sites, in 50 State health departments, 34 Indian Tribal Organizations, the District of Columbia, and five territories (Northern Mariana, American Samoa, Guam, Puerto Rico, and the Virgin Islands). Examples of where WIC services are provided: • county health departments • hospitals • mobile clinics (vans) • community centers • schools • public housing sites • migrant health centers and camps • Indian Health Service facilities ALTERNATIVES: Refuse the grant and discontinue providing Women, Infants, and Children services for the community. OTHER CONSIDERATIONS: None 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 $1,012,631.00 $1,012,631.00 BALANCE $1,012,631.00 $1,012,631.00 Fund(s): Grant Comments: The grant does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires two readings and ratification of the grant contract to begin October 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2017-049800-001 Ordinance Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend, and appropriate a grant contract for the Women, Infant and Children's Nutrition Program (WIC) grant in the amount of $1,012,631.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, to provide funds for the WIC program for the contract period October 1, 2016, through September 30, 2017; and ratifying acceptance of the grant agreement to begin October 1, 2016. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: The City Manager or designee is authorized to execute all documents necessary to accept and appropriate a total grant amount of $1,012,631.00, from the Texas Department of State Health Services in the Health Grants Fund No. 1066, for the contract period of October 1, 2016, through September 30, 2017, to provide funds for the WIC program. Section 2: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. Section 3: Further the City Council ratifies acceptance of the grant to begin as of October 1, 2016. A copy of the executed grants shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. 2017-049800-001 UNDER THE WOMEN, INFANT AND CHILDREN'S NUTRITION PROGRAM GRANT PROGRAM I. PURPOSE The Department of State Health Services ("System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District (City) ("Grantee") (each a "Party" and collectively the "Parties") enter into the following grant contract to provide funding for Women, Infant and Children's Nutrition Program (the "Contract"). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of 42 U.S.C. § 1786, 7 CFR Part 246, and Chapter 32 of the Texas Health & Safety Code. IL DURATION This Contract is effective on October I, 2016 and terminates on September 30, 2017, unless renewed or terminated pursuant to the terms and conditions of the Contract. The System Agency, at its own discretion, may extend this Contract subject to terms and conditions mutually agreeable to both Parties. III. BUDGET The total amount of this Contract will not exceed ONE MILLION TWELVE THOUSAND SIX HUNDRED THIRTY-ONE DOLLARS (81,012,631.00). All expenditures under the Contract will be in accordance with ATTACHMENT A, STATEMENT OF WORK. IV. CONTRACT REPRESENTATIVES The following will act as the Representative authorized to administer activities under this Contract on behalf of their respective Party. System Agency Department of State Health Services 1100 W. 49th Street, Austin, TX 78756 Attention: Cynthia Wright, DSHS Contract Manager cynthia.wright@dshs.state.tx.us Grantee Corpus Christi-Nueces County Public Health District (City) 1201 Leopard St., Corpus Christi, TX 78401 Attention: Margie Rose margier@cctexas.com Sysient Agency Contract No.2017-049800.001 Page I of3 v.02.012016 V. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by the System Agency either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: Lisa Hernandez 1100 W. 49th Street, MC 1911 Austin, TX 78756 Grantee Corpus Christi-Nueces County Public Health District (City) 1201 Leopard St., Corpus Christi, TX 78401 Attention: Margie Rose Notice given by Grantee will be deemed effective when received by the System Agency. Either Party may change its address for notice by written notice to the other Party. VI. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): 16166TX506W 1003 Federal Award Date: 10/01/16 thru 09/30/17 Name of Federal Awarding Agency: United States Department of Agriculture Food and Nutrition Service CFDA Name and Number: 10.557 Awarding Official Contact Information: FNS Southwest Regional Office Food and Nutrition Service 1100 Commerce Street, Room 522 Dallas, TX 75242-9980 Telephone: (214) 290-9810 DUNS: 069457784 v. 02.01.2016 SIGNATURE PAGE FOLLOWS 5yslem Agency Contract No.2017-049800-001 Page 2 ora SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No.2017-049800-001 HEALTH AND HUMAN SERVICES COMMISSION GRANTEE Charles Smith Name: Executive Commissioner Title: Date of execution: Date of execution: THE FOLLOWING ATTACHMENTS TO SYSTEM AGENCY CONTRACT NO. 2017-049800-001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - STATEMENT OF WORK ATTACHMENT B - UNIFORM TERMS AND CONDITIONS ATTACHMENT C - GENERAL AFFIRMATIONS ATTACHMENT D —SUPPLEMENTAL & SPECIAL CONDITIONS ATTACHMENT E - FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT F - FFATA ATTACHMENT G -DATA USE AGREEMENT ATTACHMENT H -NoN-EXCLUSIVE LIST OF APPLICABLE LAWS v. 02.01.2016 ATTACHMENTS FOLLOW System Agency Contract No.2017419800-001 Page 3 ora Approved as to form: ! l • k Agit As $cant City Attorr, Fo. Attorney I ATTACHMENT A STATEMENT OF WORK I GRANTEE RESPONSIBILITIES Grantee will: A. Perform professional, administrative and clerical services necessary to determine eligibility, provide food benefits, and provide appropriate nutrition education and counseling to qualified women, infants and children in a specified geographic area. Grantee shall ensure adequate staff coverage and uninterrupted delivery of services. Services shall be performed according to the statutes, rules, policies, and directives of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) and/or as directed by the United States Department of Agriculture (USDA) as referenced in this Contract. During the term of this Contract, the USDA may issue regulations, instructions, policies and/or directives, which may be incorporated into the current System Agency WIC Program Policy and Procedures Manual and program rules. B. Provide services within the state boundaries of Texas and in the approved clinic locations described in Grantee's approved application which is incorporated herein by reference and made a part of this Contract. C. Assist System Agency or USDA in the collection of data that will identify benefits of this nutrition intervention program and furnish financial, health, nutrition education and any other special reports in a timely manner as required by System Agency's WIC Program policies and procedures for the compilation of such data. D. Determine eligibility of applicants through assessment of their categorical income, residence and nutritional status, and provide nutrition education and counseling to eligible participants. E. Become and maintain designation as a Mother -Friendly Worksite in accordance with 25 Tex. Admin. Code § 31.1. F. Appoint a Grantee WIC Director/Supervisor. G. Train Local Agency staff. The term "Local Agency" is defined at 7 CFR § 246.2. H. Conduct outreach to potential participants. 1. Complete surveys as requested. J. Complete part one, part two, or both, as follows: 1. Part One: Coordinate with System Agency to visit the physical address of a proposed grocery store outlet and determine i fa store exists. Grantee shall send System Agency an email correspondence indicating findings. 2. Part Two: In accordance with current System Agency WIC policies and procedures, coordinate with System Agency to schedule and conduct an on-site evaluation of the WIC authorized vendor upon request by System Agency and complete the On-site Evaluation within thirty (30) days and submit the form electronically to System Agency within one (I) business day. System Agency Contract No. 2017-049800-001 V.043.22.2016 Page 1 ATTACHMENT A STATEMENT OF WORK K. Determine participants' access to health care, medical care and other human services, and make appropriate referrals. Grantee shall have a system in place to provide participants with appropriate health services or make appropriate referrals to health care providers under written agreements that ensure confidentiality of participants' personal information. L. Issue pre -numbered WIC Electronic Benefit Transfer (EBT) cards furnished by System Agency to qualified participants who shall use such EBT cards to obtain specified food items from participating vendors; maintain complete accountability and security of al I WIC EBT cards received from System Agency. Grantee shall be held financially responsible for all unaccounted WIC EBT cards and/or for the redeemed value of those issued to ineligible participants. In addition, Grantee shall be held financially liable for issuance of infant formula instruments that arc not authorized or prescribed according to the System Agency WIC Policy and Procedures Manual. M. Permit System Agency or its agent to install telecommunications equipment at all Grantee WIC clinics and administrative offices using Management Information System (MIS), or software on a network or stand-alone personal computer. Grantee is required to permit installation at all its permanent WIC sites. Grantee will notify System Agency not less than forty-five (45) days prior to the relocation of a site or the deployment of a new site to allow System Agency or its agent to install telecommunications equipment. N. Connect portable computers (e.g. notebooks or laptops) that use MIS software daily to a System Agency -provided telecommunications access point to transfer data to and receive updates from System Agency. Data transfer and update connection must be made on each day that Grantee provides WIC services. Portable computers may use the provided wireless connection or go to any of the Grantee's permanent WIC sites far data transfer. O. Review the immunization records of WIC Program applicants/participants to ensure that immunizations are current. Make appropriate referrals to health care providers for necessary immunizations according to WIC Program policy. P. Offer services during extended hours of operation outside the traditional times of 8:00 a.m. to 5:00 p.m., Monday through Friday, according to the Grantee's System Agency -approved Annual Plan of Operations, which incorporated by reference and made a part of this Contract. Q. Implement or expand Grantee's Breastfeeding Peer Counseling program to provide training and salary of peer counselors who assist pregnant and breastfeeding WIC program participants in normal breastfeeding situations. Provide clients with after-hours peer counseling services. Funding for this activity will be contingent on availability and written approval by System Agency. R. Implement or expand Grantee's Breastfeeding Peer Dad Program if approved by the System Agency. System Agency Contract No. 2017-049800-001 v. 06.771016 page 2 ATTACHMENT A STATEMENT OF WORK 1. If selected by the System Agency to participate in the Breastfeeding Peer Dad Program, Grantee shall submit to System Agency for review and approval a quarterly activity report in a format designated by System Agency. The activity report shall include goals and objectives, strategies, activities, timeline of events and performance measures for implementing and evaluating the program. Grantee shall submit the activity report to System Agency within 30 calendar days after the end of the each quarter during the Contract term. S. Implement special projects according to System Agency -approved plan related to nutrition education, outreach or breastfeeding if project is requested by Grantee and approved by System Agency. Funding for special projects is contingent upon availability and approval in writing by System Agency of the Grantee's plan for the special project. T. Implement lactation services for WIC program participants who have breastfeeding problems that are beyond the scope of practice of Grantee's WIC staff and/or peer counselors using International Board Certified Lactation Consultants (IBC LC) orthe most qualified equivalent. Lactation services may also include Local Agency stafftraining and the provision of lactation equipment. System Agency will provide written approval of Grantee's plan to use lactation funding. U. Ensure adequate staff coverage and uninterrupted delivery of WIC services if any member of Grantee's staff is approved in writing by System Agency to participate in the System Agency's dietetic Internship program. This internship will consist of no less than 1,200 hours of supervised learning experiences in a variety ofnutrition-related facilities. Grantee is responsible for: I. Designating a WIC Nutritionist, preferably a registered dietitian, to be the Community Nutrition WIC Preceptor and oversee and evaluate intern's performance for the Community Nutrition (CN)/WIC portion of the System Agency dietetic internship. 2. The Community Nutrition Preceptor to ensure that the dietetic interns meet all requirements, standards and required supervised practice hours for the CN Supervised Practice as outlined by the System Agency's WIC Program. 3. Ensuring that the intern is not used for regular WIC duties during the internship period. 4. Collecting pay -back monies from intern in the event that the intern does not fulfill dietetic internship local agency contract requirements. Monies must be returned to System Agency. V. Stock System Agency provided manual pumps, single -user electric breast pumps and multi-user electric breast pumps, collection kits, and purchase additional sized flanges. Distribute the appropriate pumps, kits, and/or additional sized flanges to eligible WIC participants. System Agency reserves the right to withhold payment if Grantee fails to accurately complete and submit online breast pump receiving reports within three (3) business days of receiving a System Agency breast pump delivdry as documented in the current WIC Local Agency policy and procedure manual. System Agency Contract No. 2017.049800-001 v. 06.22?016 Page 3 ATTACHMENT A STATEMENT OF WORK W. Implement or expand Grantee's use of a Registered Dietitian (RD) who is registered with the Commission on Dietetic Registration to provide for Grantee that includes, but not limited to: assistance with quality assurance, staff training, assistance with the Annual Nutrition Education and Breastfeeding plan, individual counseling for high-risk participants, and facilitated discussion classes. X. Implement or expand the obesity grant now named the Improving the Client Experience (ICE) grant. The ICE grant will enable Grantee to develop and implement initiatives and strategies to improve the client experience and alleviate client "pain points," thus improving the quality of services and client satisfaction. Examples of Grantee initiatives to access these funds include, but are not limited to, enhancing nutrition education activities such as cooking demonstrations, gardening activities, and supermarket tours; improving the WIC participant shopping experience by using funding for vendor liaison expenses to ensure local area grocery stores are complying with policies; cultivating Grantee staff and participant collaborations by making the clinic environment more conducive to open communication with round tables, sofas, etc.; incorporating materials and methods that will improve customer service and clinic flow; and upgrading the clinic to make it more child -friendly. Grantee shall submit proposed initiatives and required reports in a frequency and format designated by System Agency for review and approval. If selected by System Agency, Grantee shall appoint a grant coordinator to oversee the implementation and evaluation of each initiative. Y. Ifselected by System Agency, serve as an Innovation Center to implement special nutrition education and retention projects as proposed to System Agency. Innovation Center projects include, but not limited to, emotion -based counseling techniques, telecommunication health and nutrition support via web -cam, phone, and/or e-mail, parent- child support groups, child -friendly activities, unique group nutrition education including physical activity, hands-on components, or cooking demonstrations, program evaluations, community education and outreach, and other special projects related to health and behavior change proposed by the Grantee if approved by System Agency. Grantee shall designate an Innovation Lead who is responsible for overseeing local agency staff training, implementation, and evaluation of Center activities. Grantee shall participate in activities as requested by System Agency, including but not limited to, providing observation and training activities to staff from other WIC local agencies, writing news articles, participating in training and evaluation efforts, attending workgroup meetings, and presenting progress on activities to various audiences Grantee activities will comply with written Innovation Center plan submitted and approved by DSHS which is incorporated by reference. Grantee will submit reports in a frequency and in a format designated by System Agency. Z. Grantee shall resolve all possible dual participation records each month. System Agency reserves the right to withhold payment if Grantee fails to accurately resolve all possible System Agency Contract No. 2017-049800-001 v. 06 22.2016 page 4 ATTACHMENT A STATEMENT OF WORK dual participation records within three (3) months from the month of the automated alert within the MIS system. AA. All activities related to WIC program, including timeframes, budget, and any revisions shall be approved by System Agency. BB. Submit to System Agency the following deliverables in a format designated by System Agency: 1. Monthly WIC Local Agency Performance Measure Report submitted by the 15" calendar day of the following month; and 2. Monthly Extended Hours Summary Report submitted by the 15th calendar day of the following month. II. PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in this Attachment A and compliance with the Contract's terms and conditions. The following performance measures will be used to assess, in part, Grantee's effectiveness in providing the services described in the Contract, without waiving the enforceability of any of the other terms of the contract. A. Grantee shall ensure: I. An average of 95% of families each quarter who participate in WIC Program by receiving food benefits shall also receive nutrition education classes or individual counseling services to coincide with food instrument issuance; 2. An average of 20% of all pregnant women who enter the WIC Program each quarter shall be certified as eligible during the period of the first trimester of their pregnancy; 3. An average of 80% of clients a quarter who are enrolled in the WIC Program, excluding dual participants, transfer locked and/or migrant clients, shall participate as food benefit recipients each month (breast-feeding infants are also included in the client count); and 4. 100% of participants who indicate during the enrollment process for the WIC Program that they have no source of health care shall be referred to at least one (1) source of health care at certification of eligibility. III. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.texas.gov/grants/fonns.shtm and submit with any supporting documentation by electronic mail to DSHS Contract Development and Support Branch at WicVouchers@dshs.state.tx.us. System Agency Contract No. 2017-044800-001 v.06.22.2016 Page 5 ATTACHMENT A STATEMENT OF WORK . Grantee shall indicate separately on the face of the State of Texas Purchase Voucher, the costs associated with nutrition education, breast-feeding, and other administrative costs. B. Grantee will submit Financial Status Reports (FSR) by electronic mail to the DSHS Contract Development and Support Branch at W icVouchers("a dshs.state.tx.us by the last business day of the month following the end of each quarter of the Contract term for review and financial assessment. C. Grantee will be paid on a cost categorical basis and in accordance with the terms of this Contract. D. All payments made by System Agency to Grantee under this Contract will be reimbursements subject to the following requirements, conditions and stipulations: I. All categories of costs billed to System Agency and allocation of such costs, shall be in accordance with the Plan to Allocate Direct Costs (PADC) submitted by Grantee and accepted by the System Agency. This document is incorporated in the Contract by reference. 2. System Agency will reimburse Grantee for administrative costs incurred when determining eligibility, providing appropriate nutrition education and counseling, issuing WIC Electronic Benefit Transfer (EBT) cards, making participant referrals, vendor evaluation, outreach, start-up costs and general administrative support. 3. Administrative costs will be reimbursed based on actual costs, but not to exceed the "maximum reimbursement" based upon the sum of the participants who were issued WIC EBT cards each month plus infants who do not receive any WIC EBT cards whose breastfeeding mothers were participants to the extent that the total so derived does not exceed Grantee's total assigned caseload within any given month. Surplus funds (the amount by which maximum reimbursements exceed actual costs) can be accumulated and carried forward within the Contract term. 4. The participant caseload will be assigned by System Agency by giving written notice to Grantee. The participant caseload is subject to change upon written notice to Grantee from System Agency with Grantee's concurrence. Grantee assumes liability for all food costs resulting from Grantee exceeding its assigned caseload. The number of individuals served in excess of assigned caseload are not to be included in the calculation of earned administrative funds as described below. 5. Grantee may be allowed the option of receiving a two (2) month cash advance in accordance with current System Agency's WIC program policy and procedures. 6. Surplus encumbered by September 30 shall be billed and vouchers received by System Agency no later than 45 calendar days following the Contract term. System Agency Contract No. 2017-049800-00I v. 06.22.2016 page 6 ATTACHMENT A STATEMENT OF WORK E. Grantee shall earn administrative funds at the rate of 514.08 for each participant served as defined in this Contract. Grantee agrees that: 1. Grantee shall identify and document separately not less than 19% of total administrative costs as expenditures directly related to nutrition education and counseling. Nutrition education and counseling expenditures shall be supported by documentation of participant attendance or non-attendance within the WIC Program. 2. System Agency will reimburse Grantee for administrative expenses at a rate not greater than 5.26 times the amount of properly documented expenditures for nutrition education and counseling, but not more than is earned based on actual participation not to exceed Grantee's assigned participant caseload, plus any incentive funds allocated to Grantee by System Agency. 3. System Agency will reimburse Grantee's indirect costs by one of the following: a. Amount calculated in accordance with Grantee's current valid federally negotiated indirect cost rate (IDCR), b. Amount calculated in accordance with Grantee's accepted System Agency Cost Allocation Plan (CAP). System Agency will limit CAP reimbursement at twenty (20) percent applied to Grantee's total direct salaries plus benefits reimbursed by System Agency, or d. A Grantee that has never negotiated an IDCR may elect to charge a de minimis rate of 10% of modified total direct costs. 4. System Agency will identify annually to Grantee an amount of funds that shall be spent for breastfeeding promotion. The allocation of breastfeeding funds to Grantee will be based on Grantee's proportional share of the statewide combined total of pregnant and breastfeeding participants as reported to System Agency. 5. System Agency reserves the right to withhold a proportionate amount of earned administrative funds when evidence exists that nutrition education and/or breastfeeding promotion is not being provided by Grantee, or Grantee is not complying with the provisions of USDA and/or System Agency directives. 6. System Agency may amend or terminate the Contract if available funds become reduced, depleted, or unavailable during the term of the Contract to the extent that the WIC Program is unable to provide administrative funding at the rate(s) stated in this Contract. System Agency will notify Grantee if a change in funding occurs and Grantee will have sixty (60) days to provide written notice to System Agency with intention to terminate this contract. 7. During the term of the Contract, System Agency may, at its sole discretion, unilaterally adjust the base reimbursement rate as defined in this attachment if it is in the best interest of System Agency and if administrative WIC Grant funds change. System Agency Contract No. 2017-049800-001 v. 06.22.2016 Page 7 ATTACHMENT A STATEMENT OF WORK 8. System Agency may, at its sole discretion, pay for additional goods or services, as specified in this attachment, if provided by Grantee during the term of the Contract and not otherwise paid during the Contract term if it is in the best interest of System Agency. If Grantee exceeds the amount of earned administrative funds as stated above, Grantee shall continue to bill System Agency for the services provided. If additional funds become available at a later date for the provision of these services, System Agency may elect to pay Grantee a share of these funds. 9. System Agency may provide extended hours funding to Grantee for participants who are provided WIC services outside the normal traditional hours to the extent that federal funding is available. System Agency Contract No. 2017-049800-001 v. 06?3?016 Page 8 HHSC Uniform Terms and Conditions Version 2.13 Published and Effective July 15, 2018 Responsible Office Chief Counsel EIJ* iii TEXAS Health and Human Services Commission Health and Human Services Commission HHSC Uniform Terms and Conditions - Grant Version 2.13 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS 4 1.01 Definitions 4 1.02 Interpretive Provisions 5 ARTICLE H Payment Methods and Restrictions 6 2.01 Payment Methods 6 2.03 Final Billing Submission 6 2.03 Financial Status Reports (FSRs) 7 3.04 Debt to State and Corporate Status 7 3.05 Application of Payment Due 7 2.06 Use of Funds 7 2.07 Use for Match Prohibited 7 2.08 Program Income 7 2.09 Nonsupplanting 8 ARTICLE III. STATE AND FEDERAL FUNDING 8 3.0I Funding 8 3.02 No debt Against the State 8 3.03 Debt to State... 8 3.04 Recapture of Funds 8 ARTICLE IV AIlowable Costs and Audit Requirements 9 4.01 Allowable Costs. 9 4.02 Independent Single or Program -Specific Audit 10 4.03 Submission of Audit 10 Article V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 11 5.01 General Affirmations 11 5.02 Federal Assurances 11 5.03 Federal Certifications 11 ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 11 6.01 Ownership 11 6.02 Intellectual Property 11 ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 11 7.01 Books and Records 11 7.02 Access to records, books, and documents 12 v 0603 16 Grantee Uniform Terms and Conditions Page 2 of 19 7.03 Response/compliance with audit or inspection findings 12 7.04 SAO Audit 12 7.05 Confidentiality 13 7.06 Public Information Act 13 ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 13 8.01 Contract Management 13 8.02 Termination for Convenience 13 8.03 Termination for Cause 13 8.04 Equitable Settlement 14 ARTICLE IX MISCELLANEOUS PROVISIONS 14 9.01 Amendment 14 9.02 Insurance 14 9.03 Legal Obligations 14 9.04 Permitting and Licensure 14 9.05 Indemnity 15 9.06 Assignments 15 9.07 Relationship of the Parties 15 9.08 Technical Guidance Letters 16 9.09 Governing Law and Venue 16 9.11 Survivability 16 9.12 Force Majeure 17 9.13 No Waiver of Provisions 17 9.14 Publicity 17 9.15 Prohibition on Non -compete Restrictions 17 9.16 No Waiver of Sovereign Immunity 17 9.17 Entire Contract and Modification 17 9.18 Counterparts 17 9.19 Proper Authority.... 18 9.20 Employment Verification 18 9.21 Civil Rights 18 v 06.43 16 Grantee Uniform Terms and Conditions Page 3 of 19 ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Work Orders or Technical Guidance Letters, as herein defined. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the Signature Document or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference herein for all purposes if issued. "Deliverable" means a work product prepared, developed, or procured by Grantee as part of the Services under the Contract for the use or benefit of the System Agency or the State of Texas. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: the Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and the Department of State Health Services. "Federal Fiscal Year" means the period beginning October I and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Contract, if any. "Health and Human Services Commission" or "HFC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "HUB" means Historically Underutilized Business, as defined by Chapter 2161 of the Texas Government Code. "Intellectual Property" means inventions and business processes, whether or not patentable; works of authorship; trade secrets; trademarks; service marks; industrial designs; and creations 9. 0603 16 Grantee Uniform Terms and Conditions Page 4 of 19 that are subject to potential legal protection incorporated in any Deliverable and first created or developed by Grantee, Grantee's contractor or a subcontractor in performing the Project. "Mentor Protege" means the Comptroller of Public Accounts' leadership program found at: http://www. wind o w.s ta te. tx.us/procurement/prog/hub'mentorprotege/. "Parties" means the System Agency and Grantee, collectively. "Party" means either the System Agency or Grantee, individually. "Program" means the statutorily authorized activities of the System Agency under which this Contract has been awarded. "Praiect" means specific activities of the Grantee that are supported by funds provided under this Contract. "Public information Act" or "PIA" means Chapter 552 of the Texas Government Code. "Statement of Work" means the description of activities performed in completing the Project, as specified in the Contract and as may be amended. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "Solicitation" means the document issued by the System Agency under which applications for Program funds were requested, which is incorporated herein by reference for all purposes in its entirety, including all Amendments and Attachments. "Solicitation Response" means Grantee's full and complete response to the Solicitation, which is incorporated herein by reference for all purposes in its entirety, including any Attachments and addenda. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Tcxtrrrmvet" means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Grantee. 1.02 Interpretive Provisions a. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. b. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. c. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent v 06.03.16 Grantee Uniform Terms and Conditions Page 5 of 19 Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. d. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. e. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. f. The captions and headings of this Contract are for convenience of reference only and do not affect the interpretation of this Contract. g. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. h. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each will be performed in accordance with its terms. i. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." j. Time is of the essence in this Contract. ARTICLE H PAYMENT METHODS AND RESTRICTIONS 2.0I Payment Methods Except as otherwise provided by the provisions of the Contract, the payment method will be one or more of the following: a. cost reimbursement. This payment method is based on an approved budget and submission of a request for reimbursement of expenses Grantee has incurred at the time of the request; b. unit rate/fee-for-service. This payment method is based on a fixed price or a specified rate(s) or fee(s) for delivery of a specified unit(s) of service and acceptable submission of all required documentation, forms and/or reports; or c. advance payment. This payment method is based on disbursal of the minimum necessary funds to carry out the Program or Project where the Grantee has implemented appropriate safeguards. This payment method will only be utilized in accordance with governing law and at the sole discretion of the System Agency. Grantees shall bill the System Agency in accordance with the Contract. Unless otherwise specified in the Contract, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.02 Final Billing Submission Unless otherwise provided by the System Agency, Grantee shall submit a reimbursement or payment request as a final close-out invoice not later than forty-five (45) calendar days following + 16 43.16 Grantee 1. niform Terms and Conditions Page 6 o(19 the end of the term of the Contract. Reimbursement or payment requests received in the System Agency's offices more than forty-five (45) calendar days following the termination of the Contract may not be paid. 2.03 Financial Status Reports (FSRs) Except as otherwise provided in these General Provisions or in the terms of any Program Attachment(s) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to Accounts Payable by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. 2.04 Debt to State and Corporate Status Pursuant to Tex. Gov. Code § 403.055, the Department will not approve and the State Comptroller will not issue payment to Grantee if Grantee is indebted to the State for any reason, including a tax delinquency. Grantee, if a corporation, certifies by execution of this Contract that it is current and will remain current in its payment of franchise taxes to the State of Texas or that it is exempt from payment of franchise taxes under Texas law (Tex. Tax Code §§ 171.00I et seq.). If tax payments become delinquent during the Contract term, all or part of the payments under this Contract may be withheld until Grantee's delinquent tax is paid in full. 2.05 Application of Payment Due Grantee agrees that any payments due under this Contract will be applied towards any debt of Grantee, including but not limited to delinquent taxes and child support that is owed to the State of Texas. 2.06 Use of Funds Grantee shall expend funds provided under this Contract only for the provision of approved services and for reasonable and allowable expenses directly related to those services. 2.07 Use for Match Prohibited Grantee shall not use funds provided under this Contract for matching purposes in securing other funding without the written approval of the System Agency. 2.08 Program Income Income directly generated from funds provided under this Contract or earned only as a result of such funds is Program Income. Unless otherwise required under the Program, Grantee shall use the addition alternative, as provided in UGMS § _25(g)(2), for the use of Project income to further the Program, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report this income in accordance with the Contract, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Contract term and may not carry Program Income forward to any succeeding term. Grantee shall refund program income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using it for the purposes and under the conditions specified in this Contract. v 06.03 16 Grantee Uniform Terms and Conditions Page 7 of 19 2.09 Nonsupplanting Grantee shall not use funds from this Contract to replace or substitute for existing funding from other but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee may be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. ARTICLE III. STATE AND FEDERAL FUNDING 3.01 Funding This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Grantee will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency will not be required to give notice and will not be liable for any damages or losses caused or associated with such termination or cancellation. 3.02 No debt Against the State The Contract will not be construed as creating any debt by or on behalf of the State of Texas. 3.03 Debt to State If a payment law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges the System Agency's payments under the Contract will be applied toward eliminating the debt or delinquency. This requirement specifically applies to any debt or delinquency, regardless of when it arises. 3.04 Recapture of Funds The System Agency may withhold all or part of any payments to Grantee to offset overpayments made to the Grantee. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Grantee understands and agrees that it will be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Grantee further understands and agrees that reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract. v 064116 Grantee Uniform Terms and Conditions Page 8 of 19 ARTICLE IV ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.01 AIlowable Costs. System Agency will reimburse the allowable costs incurred in performing the Project that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. The System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If the System Agency has paid funds to Grantee for unallowable or ineligible costs, the System Agency will notify Grantee in writing, and Grantee shall return the funds to the System Agency within thirty (30) calendar days of the date of this written notice. The System Agency may withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to the System Agency, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). The System Agency may take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include - Applicable Entity Applicable Cost Principles Audit Requirements Administrative Requirements State, Local and Tribal Governments 2 CFR, Part 225 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Educational Institutions 2 CFR, Part 220 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS Non -Profit Organizations 2 CFR, Part 230 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS For-profit Organization other than a hospital and an organization named in OMB Circular A-122 (2 CFR Part, 230) as not subject to that circular. 48 CFR Part 31, Contract Cost Principles Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency 2 CFR Part 200, Subpart F and UGMS 2 CFR Part 200 and UGMS v 0603 16 Grantee Uniform Terms and Conditions Page 9 of 19 OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.02 Independent Single or Program -Specific Audit If Grantee, within Grantee's fiscal year, expends a total amount of at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program -specific audit in accordance with the 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in state funds awarded, Grantee must have a single audit or program -specific audit in accordance with UGMS, State of Texas Single Audit Circular. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program -specific audits. The HHSC Office of Inspector General (OIG) will notify Grantee to complete the Single Audit Status Registration Form. If Grantee fails to complete the Single Audit Status Form within thirty (30) calendar days after notification by 010 to do so, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. The audit must be conducted by an independent certified public accountant and in accordance with applicable OMB Circulars, Government Auditing Standards, and UGMS. Grantee shall procure audit services in compliance with this section, stale procurement procedures, as well as with the provisions of UGMS 4.03 Submission of Audit Within thirty (30) calendar days of receipt of the audit reports required by the Independent Single or Program -Specific Audit section, Grantee shall submit one copy to the System Agency as directed in this Contract. The Grantee will also submit a copy of the Independent Single or Program -Specific Audit to the OIG, at the following address: Health and Human Services Commission Office of Inspector General Compliance/Audit, Mail Code 1326 P.O. Box 85200 Austin, Texas 78708-5200 Electronic submission to OIG should be addressed as follows: Dani. ficlding®a hhsc.state.tx,us If Grantee fails to submit the audit report as required by the Independent Single or Program - Specific Audit section within thirty (30) calendar days of receipt by Grantee of an audit report, Grantee shall be subject to the System Agency sanctions and remedies for non-compliance with this Contract. t 06.0316 Grantee Uniform Terms and Conditions Page 10 of 19 ARTICLE V AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.01 General Affirmations Grantee certifies that, to the extent General Affirmations are incorporated into the Contract under the Signature Document, the General Affirmations have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.02 Federal Assurances Grantee further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Grantee is in compliance with each of the requirements reflected therein. 5.03 Federal Certifications Grantee further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Grantee is in compliance with each of the requirements reflected therein. In addition, Grantee certifies that it is In compliance with all applicable federal laws, rules, or regulations, as they may pertain to this Contract. ARTICLE VI OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 Ownership The System Agency will own, and Grantee hereby assigns to the System Agency, all right, title, and interest in all Deliverables. 6.02 Intellectual Property a. The System Agency and Grantee will retain ownership, all rights, title, and interest in and to, their respective pre-existing Intellectual Property. A license to either Party's pre-existing Intellectual Property must be agreed to under this or another contract. b. Grantee grants to the System Agency and the State of Texas a royalty -free, paid up, worldwide, perpetual, non-exclusive, non -transferable license to use any intellectual Property invented or created by Grantee, Grantee's contractor, or a subcontractor in the performance of the Project. Grantee will require its contractors to grant such a license under its contracts. ARTICLE VII RECORDS, AUDIT, AND DISCLOSURE 7.01 Books and Records Grantee will keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documents for a minimum of seven (7) years after the termination of the contract period or seven (7) years after the completion of any litigation or dispute involving the Contract, whichever is later. v. 06 03 16 Grantee Uniform Terms and Conditions Page l l of 19 7.02 Access to records, books, and documents In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors will permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and all records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that will have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that will have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee will produce original documents related to this Contract. The System Agency and any duly authorized authority will have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Grantee will include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 7.03 Response/compliance with audit or inspection findings a. Grantee must act to ensure its and its Subcontractor's compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Contract and the goods or services provided hereunder. Any such correction will be at Grantee or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance will be solely the decision of the System Agency. b. As part of the Services, Grantee must provide to HHSC upon request a copy of those portions of Grantee's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 7.04 SAO Audit Grantee understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Grantee agrees to cooperate fully with the SAC) or its successor in the conduct of the audit or investigation, including providing all records requested. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Grantee and the requirement to cooperate is included in any Subcontract it awards. tl6D3 16 Grantee Uniform Terms and Conditions Page 12 of 19 7.05 Confidentiality Any specific confidentiality agreement between the Parties takes precedent over the terms of this section. To the extent permitted by law, Grantee agrees to keep all information confidential, in whatever form produced, prepared, observed, or received by Grantee. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 7.06 Public Information Act Information related to the performance of this Contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Grantee must make all information not otherwise excepted from disclosure under the PIA available in portable document file (".pdf°) format or any other format agreed between the Parties. ARTICLE VIII CONTRACT MANAGEMENT AND EARLY TERMINATION 8.01 Contract Management To ensure full performance of the Contract and compliance with applicable Iaw, the System Agency may take actions including: a. Suspending all or part of the Contract; b. Requiring the Grantee to take specific corrective actions in order to remain in compliance with term of the Contract; c. Recouping payments made to the Grantee found to be in error, d. Suspending, limiting, or placing conditions on the continued performance of the Project; e. Imposing any other remedies authorized under this Contract; and f. Imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, or rule. 8.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. 8.03 Termination for Cause Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Contract, in whole or in part, upon either of the following conditions: a. Material Breach The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Grantee has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) will also constitute a material breach of the Contract. b. Failure to Maintain Financial Viability v.060316 Grantee Uniform Terms and Conditions Page 13 of 19 The System Agency may terminate the Contract if, in its sole discretion, the System Agency has a good faith belief that Grantee no longer maintains the financial viability required to complete the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract. 8.04 Equitable Settlement Any early termination under this Article will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE IX MISCELLANEOUS PROVISIONS 9.01 Amendment The Contract may only be amended by an Amendment executed by both Parties. 9.02 Insurance Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee will provide evidence of insurance as required under this Contract, including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee will secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. These and all other insurance requirements under the Contract apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 9.03 Legal Obligations Grantee will comply with all applicable federal, state, and local laws, ordinances, and regulations, including all federal and state accessibility laws relating to direct and indirect use of information and communication technology. Grantee will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. In addition to any other act or omission that may constitute a material breach of the Contract, failure to comply with this Section may also be a material breach of the Contract. 9.04 Permitting and Licensure At Grantee's sole expense, Grantee will procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or Services required by this Contract. Grantee will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Grantee agrees to be responsible for payment of any such government obligations not paid by its contactors or subcontractors during performance of this Contract. Grantee Uniform Terms and Conditions Page 14 of 19 I. 060316 9.05 Indemnity To THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS TIIE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND THE SYSTEM AGENCY AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS' FEES AND COURT COSTS ARISING OUT OF, OR CONNECTED WITH, OR RESULTING FROM: B. GRANTEE'S PERFORMANCE OF THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD, RULE, OR BREACH OF CONTRACT BY GRANTEE, ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; OR c. EMPLOYMENT OR ALLEGED EMPLOYMENT, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS AGENTS; OR d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE SYSTEM AGENCY AND ITS COUNSEL. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING SOLELY FROM THE GROSS NEGLIGENCE OF THE SYSTEM AGENCY OR ITS EMPLOYEES. THE PROVISIONS OF THIS SECTION WILL SURVIVE TERMINATION OF THIS CONTRACT. 9.06 Assignments Grantee may not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of the System Agency, which may be withheld or granted at the sole discretion of the System Agency. Except where otherwise agreed in writing by the System Agency, assignment will not release Grantee from its obligations under the Contract. Grantee understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. This assignment will only be made to another State agency or a non -state agency that is contracted to perform agency support. 9.07 Relationship of the Parties Grantee is, and will be, an independent contractor and, subject only to the terms of this Contract, will have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal -agent, or to otherwise create for the System Agency any v 0603 16 Grantee Uniform Terms and Conditions Page 15 of 19 liability whatsoever with respect to the indebtedness, liabilities, and obligations of Grantee or any other Party. Grantee will be solely responsible for, and the System Agency will have no obligation with respect to: a. Payment of Grantee's employees for all Services performed; b. Ensuring each of its employees, agents, or Subcontractors who provide Services or Deliverables under the Contract are properly licensed, certified, or have proper permits to perform any activity related to the Work; c. Withholding of income taxes, FICA, or any other taxes or fees; d. Industrial or workers' compensation insurance coverage; c. Participation in any group insurance plans available to employees of the State of Texas; f. Participation or contributions by the State to the State Employees Retirement System; g. Accumulation of vacation leave or sick leave; or h. Unemployment compensation coverage provided by the State. 9.08 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TGL must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. Any TGL issued by the System Agency will be incorporated into the Contract by reference herein for all purposes when it is issued. 9.09 Governing Law and Venue This Contract and the rights and obligations of the Parties hereto will be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by the System Agency. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. 9.10 Severability If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non - enforceability of such provision will not be held to render any other provision or provisions of this Contract unenforceable. 9.11 Survivability Termination or expiration of this Contract or a Contract for any reason will not release either party from any liabilities or obligations in this Contract that the parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. v 06 03 16 Grantee Uniform Terms and Conditions Page 16 of 19 9.12 Force Majeure Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice will set forth the extent and duration thereof. 9.13 No Waiver of Provisions Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 9.14 Publicity Except as provided in the paragraph below, Grantee must not use the name of, or directly or indirectly refer to, the System Agency, the State of Texas, or any other State agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee may publish, at its sole expense, results of Grantee performance under the Contract with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 9.15 Prohibition on Non -compete Restrictions Grantee will not require any employees or Subcontractors to agree to any conditions, such as non -compete clauses or other contractual arrangements that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 9.16 No Waiver of Sovereign Immunity Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. 9.17 Entire Contract and Modification The Contract constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Contract will be harmonized with this Contract to the extent possible by the System Agency. 9.18 Counterparts This Contract may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Contract. v_060316 Grantee Uniform Terms and Conditions Page 17 of 19 9.19 Proper Authority Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to enter into this Contract. Any Services or Work performed by Grantee before this Contract is effective or after it ceases to be effective are performed at the sole risk of Grantee with respect to compensation. 9.20 Employment Verification Grantee will confirm the eligibility of all persons employed during the contract term to perform duties within Texas and all persons, including subcontractors, assigned by the contractor to perform work pursuant to the Contract. 9.21 Civil Rights a. Grantee agrees to comply with state and federal anti -discrimination laws, including: 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); 2. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); 3. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); 4. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6I07); 5. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); 6. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and 7. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Agreement. Grantee agrees to comply with all amendments to the above -referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. b. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15, prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. c. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: http:"°www.hhsc.state.tx.us/about hhsc'civil-rinhts/brochures-nosters.shtml v 06 03 16 Grantee Uniform Terms and Conditions Page 18 of 19 d. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. e. Upon request, Grantee will provide HHSC Civil Rights Office with copies of all of the Grantee's civil rights policies and procedures. f. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51m Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885. 06.03 16 Grantee Uniform Terms and Conditions Page 19 of 19 e4, c.,, E C GENERAL AFFIRMATIONS By entering into this Contract, Contractor affirms, without exception, as follows: Contractor represents and warrants that these General Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, Subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract. 2. Contractor represents and warrants that all statements and information provided to the Enterprise Agency are current, complete, and accurate. This includes all statements and information relating in any manner to this Contract and any solicitation resulting in this Contract. 3. Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. 4. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that it is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 5. Under Section 2155.006, Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), Contractor certifies that it is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 6. Under Section 2261.053, Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), Contractor certifies that it is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 7. Under Section 231.006, Texas Family Code (relating to delinquent child support), Contractor certifies that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 8. Contractor certifies that: (a) the entity executing this Contract; (b) its principals; (c) its Subcontractors; and (d) any personnel designated to perform services related to this Contract arc not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Department or Agency. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's Subcontracts if payment in whole or in part is from federal funds. 9. Contractor certifies that it, its principals, its Subcontractors, and any personnel designated to perform services related to this Contract are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local governmental entity. 10. Contractor certifies it is in compliance with all State of Texas statutes and rules relating to procurement; and that (a) the entity executing this Contract; (b) its principals; (c) its Subcontractors; and (d) any personnel designated to perform services related to this Contract are not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at Jjttos://www,sam.gov/portal/yyblicfSAM/, which Contractor may Enterprise Agency Contract No. 2017-049800-001 Page 1 of3 review in making this certification. Contractor acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. This provision shall be included in its entirety in Contractor's Subcontracts if payment in whole or in part is from federal funds. I I. In accordance with Texas Government Code Section 669.003 (relating to contracting with the executive head of a state agency), Contractor certifies that it (1) is not the executive head of the Enterprise Agency; (2) was not at any time during the past four years the executive head of the Enterprise Agency; and (3) does not employ a current or former executive head of the Enterprise Agency. 12. Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 13. Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 14. Contractor represents and warrants that it will comply with Texas Government Code Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts. 15. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Contractor will not allow any former employee of the Enterprise Agency to perform services under this Contract during the twelve (12) month period immediately following the employee's last date of employment at the Enterprise Agency. 16. Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of the Enterprise Agency who during the period of state service or employment participated on behalf of the Enterprise Agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the officer's or employee's service or employment with the Enterprise Agency ceased. 17. Contractor understands that the Enterprise Agency does not tolerate any type of fraud. The Enterprise Agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or contractors who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Contractor agrees to comply with all applicable laws, rules, regulations, and Enterprise Agency policies regarding fraud including, but not limited to, HHS Circular C-027. 18. Contractor represents and warrants that it has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Contractor hereby assigns to Enterprise Agency any claims for overcharges associated with this Contract under 15 U.S.C. § 1, et seq., and Texas Business and Commerce Code § 15.01, et seq. 19. Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included numbered paragraph 1 of these General Affirmations within the five (5) calendar years immediately preceding the execution of this Contract that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to the Enterprise Agency's consideration of entering Enterprise Agency Contract No. 2017-049800-001 Page 2 of 3 into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to the Enterprise Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to the Enterprise Agency's consideration of entering into this Contract. In addition, Contractor represents and warrants that it shall notify the Enterprise Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update the Enterprise Agency shall constitute breach of contract and may result in immediate termination of this Contract. 20. Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not Iimited to, immediate termination of this Contract. 21. Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and Iicenses required by applicable city, county, state, and federal rules, regulations, statues, codes, and other laws that pertain to this Contract. 22. Contractor represents and warrants that the individual signing this Contract is authorized to sign on behalf of Contractor and to bind Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Enterprise Agency Contract No. 2017-049800-001 Page 3 of 3 ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS SUPPLEMENTAL CONDITIONS THE FOLLOWING SUPPLEMENTAL CONDITIONS APPLY TO THIS CONTRACT AND MODIFY THE HHS UNIFORM TERMS AND CONDITIONS Section 2.03 Financial Status Reports (FSRs), of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is revised to read as follows: Except as otherwise provided in these Uniform Terms and Conditions or in the terms of any Attachments) that is incorporated into the Contract, for contracts with categorical budgets, Grantee shall submit quarterly FSRs to DSHS Contract Development and Support Branch (CDSB) by the last business day of the month following the end of each quarter of the Program Attachment term for System Agency review and financial assessment. Grantee shall submit the final FSR no later than forty-five (45) calendar days following the end of the applicable term. Article IV, Allowable Costs and Audit Requirements of the Health and Human Services Commission Uniform Terms and Conditions Grant, Version 2.13 is modified to include: 4.04 Cost Allocation Plan. a. Grantee shall implement and follow the applicable Cost Allocation Plan. b. Grantee shall submit a Cost Allocation Plan on the format approved by System Agency to the DSHS Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, or by email to: coscap(r)dshs.state.tx.uu, or to such other email address or follow such other process as requested by System Agency, no later than the 60th calendar day after the effective date of the Contract, except when a Grantee has a current Cost Allocation Plan on file with the System Agency. If Grantee's plan is the same as the plan previously submitted to System Agency, by signing this Contract, Grantee certifies that its current Cost Allocation Plan for the current year is the same as the plan previously submitted. c. If the Cost Allocation Plan changes during the Contract term, Grantee shall submit a new Cost Allocation Plan to the Contract Oversight and Support Section within 30 calendar days after the effective date of the change. Section 9.21 Civil Rights, of the Health and Human Services Commission Uniform Terms and Conditions -. Grant, Version 2.13, is modified to add the following: g. Grantee shall comply with all provisions required by implementing the regulations of the Department of Agriculture, 7 CFR. Part 246, 248; Department of Justice Guidelines for Enforcement of Title VI; 28 CFR § 50.3 and 28 CFR Part 42; and Food & Nutrition Service (FNS) directives and guidelines, to the effect that no person will, on the grounds of race, color, national origin, sex, age, or disability be excluded from participation under any program or activity for which Grantee receives federal financial assistance from FNS; and hereby gives assurance that it shall immediately take measures necessary to implement this Contract. h. Grantee shall compile data, maintain records and submit reports, as required, to permit effective enforcement of the nondiscrimination laws and permit authorized USDA and System Agency personnel, during normal working hours, to review such records, books, and accounts as needed to ascertain compliance with the nondiscrimination laws. The Department of Agriculture, Food and Nutrition Service (USDA), has the right to seek judicial enforcement if Grantee violates any nondiscrimination laws. This Assurance is binding on Grantee, its successors, transferees, and assignees, as long as they receive assistance or retain possession of any assistance from the v.03.10.2016 Page 1 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS Department of Agriculture. The person or persons whose signatures appear on the Contract are authorized to sign this Assurance on behalf of Grantee. Article IX Miscellaneous Provisions of the Health and Human Services Commission Uniform Terms and Conditions — Grant, Version 2.13, is modified by adding the following: Section 9.22 Equipment and Supplies a. Reportable Capital Assets. Grantee shall maintain an inventory of reportable capital assets placed in the custody of the Grantee by System Agency. Grantee shall conduct an annual inventory for each administrative and clinic site and submit to DSHS Property Management in a format and upon a delivery date designated by System Agency. Grantee shall administer a program of maintenance, repair and protection of assets under this Contract so as to assure their full availability and usefulness. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assess provided under this Contract, it shall use the proceeds to repair or replace said assets. b. Grant Purchased Equipment. Equipment means tangible personal property having a useful lifetime of more than one year and a per-unit acquisition cost that exceeds the lesser of the capitalization level established by the of $5,000 or more. Grantee shall inventory all equipment, and report the inventory on the DSHS Contractor's Property Inventory Report form. C. Supplies. 1. Supplies are defined as consumable items necessary to carry out the services under this Contract including medical supplies, drugs, janitorial supplies, office supplies, patient educational supplies, software, and any items of tangible personal property other than those defined as equipment above. 2. Tangible personal property includes controlled assets, including firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000, which includes desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment are also considered Supplies. 3. Prior approval by System Agency of the purchase of Controlled Assets is not required, but such purchases must be reported on the DSHS Contractor's Property Inventory Form as detailed in this section. d. Property Inventory and Protection of Assets. 1. Grantee shall maintain an inventory of equipment, supplies defined as controlled assets, and property described in this Section and submit an annual cumulative report of the equipment and other property on DSHS Contractor's Property Inventory Report to the DSHS Contract Oversight and Support Section, Mail Code 1326, P.O. Box 149347, Austin, Texas 78714-9347, no later than October 1? of each year. The report is located at: httn:'.www.dshs.state.tx.us contracts/forms.shtm. Grantee shall maintain, repair, and protect assets under this Contract to assure their full availability and usefulness. v. 03.10.2016 Page 2 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS 3. V Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the assets provided or obtained under this Contract, Grantee shall use the proceeds to repair or replace those assets. c. Assets as Collateral Prohibited. Grantees on a cost reimbursement payment method shall not encumber equipment purchased with System Agency funds without prior written approval from the System Agency. f. Disposition of Property. 1. Grantee shall follow the procedures in the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" in disposing, at any time during or after the Contract term, of equipment purchased with System Agency funds, except when federal or state statutory requirements supersede or when the equipment requires licensure or registration by the state, or when the acquisition price of the equipment is equal to or greater than $5,000. g• 2. All other equipment not listed in the AHA reference (other than equipment that requires licensure or registration or that has an acquisition cost equal to or greater than $5,000) will be controlled by the requirements of UGMS. 3. 1f, prior to the end of the useful life, any item of equipment is no longer needed to perform services under this Contract, or becomes inoperable, or if the equipment requires licensure or registration or had an acquisition price equal to or greater than $5,000, Grantee shall request disposition approval and instructions in writing from the contract manager assigned to this Contract. 4. After an item reaches the end of its useful life, Grantee shall ensure that disposition of any equipment is in accordance with Generally Accepted Accounting Principles, and any applicable federal guidance. Closeout of Equipment. At the end of the term of a Contract that has no additional renewals or that will not be renewed (Closeout), or when a Contract is otherwise terminated, Grantee shall submit to the contract manager assigned to this, an inventory of equipment purchased with grant funds and request disposition instructions for such equipment. All equipment purchased with grant funds must be secured by Grantee at the time of Closeout, or termination of this Contract, and must be disposed of according to System Agency's disposition instructions, which may include return of the equipment to System Agency or transfer of possession to another System Agency contractor, at Grantee's expense. Article IX Miscellaneous Provisions of the Health and Human Services Commission Uniform Terms and Conditions —Grant, Version 2.13, is modified by adding the following: Section 9.23 Contracts with Subrecipient and Vendor Subcontractors. a. Grantee may enter into contracts with subrecipient subcontractors unless restricted or otherwise prohibited in the Contract. b. Prior to entering into a subrecipient agreement equaling or exceeding $100,000, Grantee shall obtain written approval from System Agency. v. 03.10.2016 Page 3 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS c. Grantee shall establish written policies and procedures for competitive procurement and monitoring of subcontracts and shall produce a subcontracting monitoring plan. d. Grantee shall monitor subrecipient subcontractors for both financial and programmatic performance and shall maintain pertinent records that must be available for inspection by System Agency. e. Grantee shall ensure that subcontractors are fully aware of the requirements placed upon them by statelfederal statutes, rules, and regulations and by the provisions of this Contract f. Contracts with all subcontractors, whether vendor or subrecipient, must be in writing and include the following: 1. Name and address of all parties and the subcontractor's Vendor Identification Number (VIN) or Employee Identification Number (EIN); 2. Detailed description of the services to be provided; 3. Measurable method and rate of payment and total not -to -exceed amount of the contract; 4. Clearly defined and executable termination clause; and 5. Beginning and ending dates that coincide with the dates of the Contract. g. Grantee is responsible to System Agency for the performance of any subcontractor. Article VIII Contract Management and Early Termination Provision of the Health and Human Services Commission Uniform Terms and Conditions -- Grant, Version 2.13, is modified by adding the following: 8.05 Termination by Grantee If Grantee seeks to terminate this Contract, Grantee shall give System Agency no less than sixty (60) calendar days prior written notice and shall submit a transition plan to ensure client services are not disrupted. SPECIAL CONDITIONS Section 1.01 Notice of Legal Matter or Litigation. Grantee shall notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven calendar days of becoming aware of the litigation or legal matter. Section 1.02 Notice of a Contract Action. Grantee shall notify their assigned contract manager assigned to the Contract if Grantee has had any contract suspended or terminated far cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.03 Notice of Bankruptcy. Grantee shall notify in writing their assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. Section 1.04 Notice of Criminal Activity and Disciplinary Actions. v. 03.10.2016 Page 4 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS a. Grantee shall immediately report in writing the contract manager assigned to the Contract when the Grantee has knowledge or reason to believe any that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, subContractor or volunteer that is providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor, and 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; or 3. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by System Agency. Section 1.05 Grantee's Notification of Change of Contact Person or Key Personnel. Within ten days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Grantee's Contact Person or Key Personnel. Section 1.06 Notice of IRS or TWC Insolvency. Grantee shall notify in writing their assigned contract manager their insolvency, incapacity or outstanding unpaid obligations to the Internal Revenue Service (IRS) or Texas Workforce Commission within 5 days of the date of becoming aware of such. Section 1.07 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist System Agency in providing the fallowing services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; it. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 1.08 Consent by Non -Parent or Other State Law to Medical Care of a Minor. Unless federal law applies, when a Grantee provides medical, dental, psychological or surgical treatment to a minor without parental consent, either directly or through contracts with subContractors, before the Grantee provides treatment to minor unless informed consent to treatment is obtained pursuant to Texas Family Code Chapter 32. v. 03.10.2016 Page 5 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS Section 1.09 Services and Information for Persons with Limited English Proficiency. a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or. interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. Section 1.10 Third Party Payors. Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, Iocal and private funding sources. As applicable, the Grantee shall: a. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the System Agency for the deductible; d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency; and g. Provide third party billing functions at no cost to the client. Section 1.11 HIV/AIDS Model Workplace Guidelines. Grantee shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV, AIDS), AIDS Model Workplace Guidelines for Businesses at http:frwww.dshs.state.tx.us/hivstd/policy:'policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. Section 1.12 Medical Records Retention. Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules v. 03.10.2016 Page 6 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS and regulations governing medical information. Grantee shall maintain full and complete records concerning WIC Program operations and the following requirements: a. Records shall include, but not be limited to, information pertaining to financial operations, food delivery systems, food benefit issuance and redemption, equipment purchases and inventory, certification, nutrition education, civil rights and fair hearing procedures. b. If United States Department of Agriculture (USDA) deems any of the WIC program records to be of historical interest, it may require System Agency or the Grantee to forward such records to the USDA whenever either entity is disposing of them. c. All records shall be available during normal business hours for representatives of the USDA, System Agency and the Comptroller General of the United States to inspect, audit, and copy. Any reports or other documents resulting from the examination of such records that are publicly released may not include confidential applicant or participant information. Section 1.13 Notice of a License Action. Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 1.14 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor, or 2. To ensure that services are provided to clients without interruption. c. System Agency will provide written notice of the interim extension amendment that specifies the reason far it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(I) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by System Agency. Section 1.15 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Grantee performs services that include EIR that System Agency employees are v. 03.10.2016 Page 7 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EER will become property of the State of Texas or will be used by System Agency's clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. "Product" means information resources technology that is, or is related to EIR. "Web Site Accessibility Standards/Specifications" means standards contained in Volume I Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, System Agency must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. System Agency may review, test, evaluate and monitor Grantee's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Grantee's assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide System Agency and its representatives timely v. 03.10.2016 Page 8 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties. 1. Grantee represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a System Agency client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards atter the expiration or termination of the Contract Term, unless System Agency or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it will, in a timely manner and at no cost to System Agency, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which System Agency relies in awarding this Contract. 4. Grantee's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies. 1. Under Tex. Gov't Code § 2054.465, neither the Grantee nor any other person has cause of action against System Agency for a claim of a failure to comply with Tex. Gov't Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Grantee's representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which System Agency may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which System Agency may be entitled under this Contract and other applicable law. Section 1.16 Child Abuse Reporting Requirement. a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency's Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. c. Grantee shall use the DSHS Child Abuse Reporting Form located at www.dshs.state.tx.us/childabusereporting as required by the System Agency. Grantee shall retain v. 03.10.2016 Page 9 Non -Profit ATTACHMENT D SUPPLEMENTAL & SPECIAL CONDITIONS reporting documentation on site and make it available for inspection by System Agency. d. If Grantee chooses to interview a client to determine if an affirmative defense to prosecution exists, as defined by System Agency, which would allow them under the System Agency policy to not make a report of child abuse, the Grantee shall conduct these interviews in the following manner. 1. For ineligible clients, the interview shall be conducted after the entire WIC visit is done. For eligible clients, the interview may occur at the point in time when ail WIC activities, including communication of eligibility and individual counseling, are completed with the exception of food instrument issuance. 2. The interview shall be conducted only by a competent authority or a supervisor and in a confidential setting. 3. Prior to asking the client any questions, the interviewer shall inform the client that the questions have no bearing on the client's WIC eligibility and receipt of services. Section 1.17 Additional Requirements a. Grantee shall comply with all applicable federal and state laws, rules, regulations, standards, and guidelines in effect on the beginning date of this Attachment as amended, including, but not limited to: 1. Uniform Federal Assistance Regulations, 7 CFR Parts 15, 15a, 15b, 246, 248, 3016, 3017 and 3018; 2. WIC Program and Farmers' Market Nutrition Program Rules, 25 Texas Administrative Code, §§ 31.11-31.37; and 3. Child Nutrition Act of 1966, as amended, 42 USC 1786. 4. Uniform Grant Guidance Federal Regulations, 2 CFR Part 200; b. The following documents are incorporated by reference and made a part of this Contract: I. DSHS Standards for Public Health Clinic Sen'ices, revised August 2004, or latest revision; 2. USDA Food and Nutrition Service (ENS) Guidelines; 3. USDA FNS Instructions issued under the FNS Directives Management System. v. 03.10.2016 Page 10 Non -Profit ASSURANCES - NON -CONSTRUCTION PROGRAMS OMB Number 4040-0007 Expiration Date 01/3112019 PubiZreporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing inst fons, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of info►rnation. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for redeacre this burden. to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TOTHE ADDRESS PROVIDED BY THE SPONSORING AGENCY. rierEI Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant_ 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application, 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State. through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives, 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C F R 900, Subpart F) 6. IAhll comply with all Federal statutes relating to nondiscrimination These include but are not limited to (a) Tide Vi of the Civil Rights Act of 1964 (P L 88-352) which prohibits discrimination on the basis of race color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§1681- 1683, and 1685-1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Act of 1973, as amended (29 U.S.0 §794). which proh=bits discrimination on the basis of handicaps (d) the Age Discrimination Act of 1975, as amended (42 U S.C. §§6101-6107) which prohibits discrimination on the basis of age, (e) the Drug Abuse Office and Treatment Act of 1972 (P L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U S C §§290 cid-3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made. and, 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7 Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8 Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 end 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds, Standard Form 424E (Ray. 7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 S. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.0 §§276a to 276a-7). the Copeland Act (40 U.S.C. §276c and 18 U S C. §874), and the Contract Work Hours end Safety Standards Act (40 U.S.C. §§327- 333), regarding labor standards for federally -assisted construction subagreements. 10, Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is 510,000 or more 11 Will comply with environmental standards which may be prescribed pursuant to the Following. (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514, (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to ED 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (a) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S C §§1451 et seq.), (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.0 §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (Pl. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L 93- 205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 el seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13, Wilt assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), ED 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.), 14, Will comply with P.L 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint In construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No, A-133, "Audits of Stales, Local Governments, and Non -Profit Organizations " 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging In severe forms of trafficking In persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL APPLICANT ORGANIZATION [pua Clrhsr.Nnoase County Pubic Health DtsWct (City) TITLE sera ^t Director at KW Healit DATE SUBMITTED 1oh12ot8 Standard Form 4240Ulm 7.57) each 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 (1) 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 employee of an agency, a Member of Congress, an officer or employee of Congress, or en 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 arty cooperative agreement, and the extension, continuation. renewal, amendment, or modification al arty Federal contract, grant, loan, or cooperative agreement (2) II 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 Standard FamrLLL, "Disclosure of Lobbying Activities," in accordance with its instructions (3) The undersigned shall require that the language of this certification be Included In the award documents for all subawards at ell tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subreciplenls 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, US Code Any person who falls to fie the required certification shall be subject toe civil penalty of not less than 510,000 and not more than 5100.000 for each such failure Statement for Loan Guarantees and Loan Insurance The undersigned stales, to the best of his or her knowledge and belief, that If any 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 commitment providing for the United States to Insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of lobbying Activities," in accordance with Its instructions Submission of this statement Is a prerequisite for making or entering into this transaction imposed by section 1352. fide 31, U.S Code Any person who faUs to file the required statement shall be subject to a civil penalty of not less than 510,000 and not more than 5100.000 for each such failure, • APPLICANT'S ORGANIZATION [Corpus Christi-Nueces County Public Health District (City) • PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix. Mr. • Last Name Tide First Name Main Uhiariit Mont Director of Public Health ' ❑ATE M;ddfe Name Suffix. Milan 101112016 _4E Za C4' Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Sianor cannot certify all of the statements contained in this section. Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: Corpus Christi- Nueces County Public Health District Primary Address of Contractor: 1702 Home Road Corpus Christi, TX 78416-1902 ZIP Code: 9 -digits Required www.usos.com 7 8 4 1 6 1 9 0 2 FFATA Contact # 1 Name, Email and Phone Number: Constance Sanchez Constancep@cctexas. corn 361-826-3227 FFATA Contact #2 Name, Email and Phone Number: Blandina Costley Blandlnac@cctexas.com 361-826-7252 DUNS Number: 9 -digits Required www.sam.eov 0 7 State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 1 7 4 6 f oTo T5 T7 14 0T2 Printed Name of Authorized Representative Margie Rose Title of Authorized Representative City Manager Signature of Authorized Representative bate Department of State Health Services Form 4734 — June 2013 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ® No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No", answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes ® No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes ® No if your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? ❑ Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. For example: John Blum:500000;Mary Redd:50000;Eric Gant:400000;Todd Platt.300000; Sally Tom:300000 Provide compensation information here: 2 Department of Stale Health Services Form 4734 — June 2013 III IS Cnntraei No. 2017-049500.001 DATA USE AGREEMENT BETWEEN THE TEXAS HEALTH AND HUMAN SERVICES ENTERPRISE AND CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT ("CONTRACTOR") This Data Use Agreement ("DUA"), effective as of the date signed below ("Effective Date"), is entered into by and between the Texas Health and Human Services Enterprise agency TEXAS DEPARTMENT OF STATE HEALTH SERVICES ("HHS"), and CORPUS CHRIST I-NUECES COUNTY PUBLIC HEALTH DISTRICT, a political subdivision of the State of Texas ("CONTRACTOR"), and incorporated into the terms of HHS Contract No. 2017-049800-001, in Travis County, Texas (the "Base Contract"). ARTICLE I. PURPOSE; APPLICABILITY; ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information. 45 CFR I64.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who arc not Business Associates who create, receive, maintain, use, disclose or have access to Confidential lnformati9n on behalf of HAS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (42 U.S.C. §1320d, el seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments, regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including QRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition, the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User" means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 1 of 15 I If IS Contract Nu 2017.049800.00, (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use Iimitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may, for an Authorized Purpose, create, receive, maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, EIectronic protected Health Information or Unsecured Protected Health Information (herein "PHI"); (3) 5ensitivepersonal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifvins Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative" of the Individual, as defined by Texas law, including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3.01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in a manner that is not expressly an Authorized Purpose under this DUA or as Require4 by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by L,,qw, CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized HHS Data Use Agreement (modified v. 8.3} Local Health Departments October 21,2015 Page 2 of 15 ffFIS Contract No 201 7-04g800-00. se s Workforce or $ubcont{actnrs (as defined in 45 CER. 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out CONTRACTOR'S obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.1& 164.308(a)(5)(1); Texas Health & Safety Code §181.101 (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 CER. 164.308(a)(1)(ti)(C);164.530(e);164.410(b);164.530(6)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(ii)(A) (E) CONTRACTOR will not attempt to re -identify or further identify Confidential Information or De -identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(0 and (ii) CONTRACTOR will not engage in prohibited marketing or sale of' Confidential Information. 45 CFR 164.501,164.508(a)(3) and (4); Texas Health & Safety Cade Cli. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpgsq on behalf of CONTRACTOR, unless Subcontractor agrees to comply with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(0); 164.504(e)(I)r) and (2). (G) CONTRACTOR is directly responsible for compliance with, and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431300, et seq. (H) If CONTRACTOR maintains MI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)§1)(E). HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 3 of 15 I It l , Contract No 201 7-04%00-00! (I) If 1H11 is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164.504(e)(2)(ii)(E) and (F). (J) If PHI is subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164.504(e)(2)(19(G) and 164.52& (K) If CONTRACTOR receives a request for access, amendment or accounting of AHI. from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HI -IS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's legal responsibilities. Except as otherwise Iimited by this DUA, the Base Contract, or law applicable to the Confidential Information. CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if: 45 CFR 164.504(e)(4)(A). (I) Disclosure is Required by Law, provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will; (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Lqw or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR 164.504(e)(4)(h)(B)• (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS, use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §I64.501 and permitted by $IPAM- 45 CFR 164.504(e)(2)(0(B) HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 4 of 15 t I t l S Contract Nu. 2017.049500.001 (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HI -IS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all onfidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal Iaw, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUA to the Confidential InJQrmation and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential InformatiQR not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(ii)(.1) (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment I . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Jnforrtation. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality, integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persors as Privacy Official 45 CFR 164.530(a)(1) and Jnforipation Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 5 of 15 HI IS Contract Nu. 2017-04 this DUA and prior to any change. if such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authojzed Purvose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information. contained in this DUA. 45 CFR 164.502; 164514(d). (U) CONTRACTOR and its 5ubeontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and preach, of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(4; 164.530C)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received, used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308; 164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of, PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(4(2)6)(1). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Jnformation whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws. A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information al rest requires Encrvntion unless there is other adequate administrative, technical, and physical security. All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system, media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of art Event or Breach. Otherwise, requested production of such proof will be made as agreed upon by the parties. De -identification of FINS Confidential Information is a means of security. With respect to de -identification of this "secure" means de -identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312; 164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 6 of 15 IITIS Contract No. 2017-04)St)0-OOI • Title 1, Part l0, Chapter 202, Subchapter B, Texas Administrative Code; • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800- 66 Revision I — An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A -- Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other Slate or Federal law, regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (A) CONTRACTOR will cooperate fully with HHS in investigating, mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 7 of 15 t I IS Contrnci No 2- (B)- (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction (the Incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal ALc Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery, or in a timeframe otherwise approved by HHS in writing, initially report to HHS's Privacy and Security Officers via email at: privacy®HHSC.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. (2) Formal Notice. No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Event or preach, and CONTRACTOR's investigation, including without limitation and to the extent available: For (a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR'S and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected, including first and last name of the Individual, and if applicable the, Leeally Authorized Representative, last known address, age, telephone number, HHS Data Use Agreement (modified v. 8.3) Local Health Departments October21,2015 Page 8 of 15 and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or EIreach demonstrating whether individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HMS's approval as to the steps Individuals and/or CONTRACTOR on behalf of Individuals, should take to protect the Individuals from potential harm, including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); (j) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar event or Bread;; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach: (I) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by ISIS, including information about risk estimations, reporting, notification, if any, mitigation, corrective action, root cause analysis and when such activities are expected to be completed; and (m) Any reasonably available, pertinent information, documents or reports related to an gvent or Breach that HHS requests following Discovery. 4.02 Investigation, Response and Mitigation. 45 CFR 164.308, 310 and 312; 164530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HNS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, persons and/or Individuals about the Event or Breach. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 9 of 15 11115 Contract No. 2017-0-1,)S00 001 (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third -parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all regulatory requirements regarding the lime, manner and content of any notification to jndividuals, regulators or third -parties, or any notice required by other state or federal authorities. HHS shall have ten (10) business days to provide said feedback to CONTRACTOR Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made. If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as ifset out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation, receipt, maintenance, use, disclosure of the Confidential Information, to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 10 of 15 t 1115 Contract No 2017-0.19500-001 HHS will not request CONTRACTOR to create, maintain, transmit, use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities, systems, books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection, HHS's agent(s) include, without limitation, the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6.04 Term; Termination or DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not Iimited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation, the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible, HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor ,under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 11 of 15 Ill IS Contract No 2017-049800.001 6.05 Governing Law, Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply. Accordingly, CONTRACTOR agrees that HHS will, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self -insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. HHS Data Use Agreement (modified v. 8.3) Local Health Departments October 21,2015 Page 12 of 15 I I I I S Contract No. 2017-0419S00-00 I 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law, regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with }I1PAA or any other law applicable to Confidential Information. ARTICLE 7. AU'T'HORITY To EXECtrrE The Parties have executed this DUA in their capacities as stated below with authority to bind their organizations on the dates set forth by their signatures. IN WITNESS HEREOF, HHS and CONTRACTOR have each caused this DUA to be signed and delivered by its duly authorized representative: TEXAS HEALTH AND HUMAN SERVICES CONTRACTOR BY: NAME: TITLE: DATE: ,201 . BY: NAME: TITLE: DATE: ,201 HHS Data Use Agreement (modified v. 8,3) Local Health Departments October 21,2015 Page 13 of 15 ATTACHMENT H DSHS NON-EXCLUSIVE LIST OF APPLICABLE LAWS Contractor is responsible for reviewing and complying with any applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Contractor, Contractor shall comply with the following: a. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or !imitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: 1. Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; 2. Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; 3. Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); 4. Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; 5. Age Discrimination Act of 1975, 42 USC §§ 6101-6107; 6. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; 7. U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; 8. Tex. Labor Code Chapter 21; 9. Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); 10. Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; I I . Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; 12. Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd 2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; 13. Title V111 of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and 14. DSHS Policy AA 5018, Non-discrimination Policy for DSHS Programs; b. Immigration Reform and Control Act of 1986, 8 USC § I324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Law113-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; c. Pro -Children Act of 1994, 20 USC §§ 6081-6084, and the Pro -Children Act of 200I, 20 USC § 7183, regarding the non-use of all tobacco products; d. National Research Service Award Act of 1971, 42 USC §§ 289a-1 el seq., and 6601 (P.L. 93-348 and P.L. 103-43), regarding human subjects involved in research; e. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; f. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; g. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; h. Texas Workers' Compensation Act, Texas Labor Code Chapters 401.406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees' injuries; i. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; j. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR §1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; k. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 1. Environmental standards pursuant to the following: v 01 01 2016 Nei ATTACHMENT H DSHS NON-EXCLUSIVE LIST OF APPLICABLE LAWS 1. institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), "Protection and Enhancement of Environmental Quality;" 2. Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), "Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;" 3. Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; 4. Evaluation of flood hazards in floodplain in accordance with Executive Order 11988, 42 Fed. Reg.2695I and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); 5. Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 145I et seq.; 6. Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; 7. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f -300j; 8. Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; 9. Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; 10. Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and m. Lead -Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead- based paint in residential construction or rehabilitation; n. lntergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management's Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; o. Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs; p. Davis -Bacon Act, 40 USC §§ 3141-3148; q. Copeland Act, 40 USC §§ 276c and 18 USC § 874; r. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally -assisted construction subagreements; s. National Historic Preservation Act of 1966, § 106,16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a -I et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; t. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); u. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; v. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex.Gov. Code Chapter 554); and w. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. v 02 012016 N .2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 13, 2016 Second Reading Ordinance for the City Council Meeting of December 20, 2016 DATE: TO: Margie C. Rose, City Manager November 4, 2016 FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize lease agreement with Driscoll Children's Hospital (DCH) for hangar and office space at Corpus Christi International Airport for purposes of establishing a ground ambulance service facility for pediatric patients. CAPTION: Ordinance authorizing the City Manager or designee to execute a lease agreement with Driscoll Children's Hospital for hangar, office and parking space at the Corpus Christi International Airport for a lease term of three years, with an option to renew for two additional one-year periods. PURPOSE: The agreement sets out the terms and conditions between Corpus Christi International Airport (CCIA) and Driscoll Children's Hospital (DCH) to allow DCH to lease hangar, office and parking space at 302 International Drive on airport property. DCH plans to renovate the property and base its ground ambulance team at the airport. The ambulance team will transport pediatric patients between CCIA and DCH. Currently Sterling Air Service provides contractual air ambulance to DCH and has a separate hangar lease with CCIA. BACKGROUND AND FINDINGS: Driscoll Children's Hospital (DCH) was built in 1953 and serves as the primary hospital for children in Corpus Christi and the surrounding areas. DCH is a 189 -bed pediatric tertiary care center with pediatric specialists representing 32 medical and 13 surgical specialties. Care is offered throughout South Texas, including Corpus Christi, the Rio Grande Valley, Victoria and Laredo. In 2015, DCH had more than 159,000 patient visits including 40,000 patients seen at South Texas' first emergency room created specifically for pediatrics. In August 2015, Sterling Air Service received City Council approval to lease hangar space at CCIA. Shortly thereafter, DCH representatives contacted airport staff about leasing property in proximity to Sterling Air as the two entities work together to transport pediatric patients. Relocation of DCH's ground ambulance team to CCIA will provide operating efficiencies and better response times. Airport staff recommended the hangar /office facility located on 302 International Drive which encompasses 91,250 square feet of space. The subject airport property was previously leased and operated by Corpus Christi Helicopter until 2013 and most recently has been used by the Airport for equipment storage and a staging area for City Fire response vehicle. Driscoll Children's Hospital DCH will pay a fair market monthly rental fee of $915.50 as determined by the independent appraisal firm, Aviation Management Consulting Group (AMCG). DCH will make improvements of up to $200,000 which will offset monthly rent. The facility and improvements will remain the property of the City/CCIA. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget 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 $8,352,710 $8,352,710 Encumbered / Expended Amount 0 0 This item (additional revenue) 8,240 $8,240 BALANCE $8,360,950 $8,360,950 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement Exhibits A, B, C, D Picture of Building Ordinance authorizing the City Manager or designee to execute a lease agreement with Driscoll Children's Hospital for hangar, office and parking space at the Corpus Christi International Airport for a lease term of three years, with an option to renew for two additional one-year periods. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a lease agreement with Driscoll Children's Hospital for land and improvements at the Corpus Christi International Airport for a lease term of three years, with an option to renew for two additional one-year periods, for the purpose of facilitating Lessee's aeronautical services and in consideration of the payment of monthly rental fees, which may be abated by completion of tenant renovations of the building, as stated in the lease. SECTION 2. The lease agreement is effective upon approval of the City Council and execution by the City Manager or designee. 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: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED this the day of , 2016. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DRISCOLL CHILDREN'S HOSPITAL This lease agreement (the "Lease") is made by and between the City of Corpus Christi ("City"), acting by and through its City Manager or his designee ("City Manager"), and Driscoll Children's Hospital ("Lessee"), a Texas non-profit corporation. WHEREAS, the City owns the Corpus Christi International Airport ("Airport") and has authority to lease land and improvements at the Airport; WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director"); WHEREAS, the parties desire to enter into this Lease for land and improvements, to include use of office space, hangar space, and parking spaces for the purpose of facilitating the provision of Lessee's aeronautical services; and, NOW, THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the Parties agree as follows: Section 1. Premises. City leases to the Lessee the real property and existing improvements as depicted in the attached Exhibits A and B ("Premises"), such exhibits being incorporated by reference into this Lease, and physically located at 302 International Drive, Corpus Christi, Nueces County, Texas. The Premises is generally described as follows: approximately 3,096 square feet of office space; approximately 3,000 square feet of hangar space; and approximately 85,154 square feet of surface area, including 18 parking spaces of uncovered parking located closest to the office space. The Premises is designated and known, for the sole purpose of locating and identifying the leased area granted by this instrument, as the "Driscoll Children's Hospital Ground Ambulance Service Facility." Section 2. Term. The term of this Lease is for three years and commences upon final approval by the City's City Council and execution of this instrument by the City Manager ("Effective Date"). The term may be extended for two additional 12 -month periods by written mutual consent of the parties. Section 3. Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, annual rent for the Premises is as shown in Exhibit B, with the initial monthly payment being due on the Effective Date of this Lease and subsequent rental payments of 1/12th the annual amount due on the 1st of each month following the expiration of the initial month of the Lease. Lessee may choose to pay the rent due for the term in advance at any time. Notwithstanding the rent rates set out in Exhibit B, the rent amounts are subject to adjustment under subsections B and C of this section. Page 1 of 15 B. Rental rates for all Airport real properties are adjusted on a five-year cycle and based on a fair market appraisal conducted by the City. The next appraisal is scheduled to be completed on or about November 18, 2016. The City reserves the right to adjust the rent in accordance with its adopted policy or Federal Aviation Administration ("FAA") requirements. For purposes of determining the fair market value by appraisal, the values determined by the appraiser will be final. Lessee shall have the right to terminate the Lease with 30 days advance written notice should the rental rate increase more than 20%. C. Adjusted rental rates are effective beginning on the 61st day following completion of the final appraisal. D. Notwithstanding Section 11 of this Lease, Lessee has agreed to make improvements to the Premises within the first month of occupancy. Improvement costs are presently unknown. The City agrees to abate monthly rent payments in lieu of City reimbursement up to the monthly rent amount due with proof of completed improvements. In no event shall the City abate more than the total sum of rent due during the term of this Agreement, and the cost of any such improvements not abated monthly shall be borne solely by Lessee without any right to reimbursement or offset. Section 4. City and Lessee Representatives. The City Manager designates the Aviation Director as agent to receive all rent, notices, and reports due under this Lease. The contact person for the Lessee is Jeremy Goodman. Section 5. Use of Premises. A Lessee shall have the right to use and occupy the Premises solely for the operation of Lessee's aeronautical services and shall use the Premises for no other purpose without the express written consent of the Aviation Director. B. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit anything to be done in, on, or at the Premises in a manner that would, in any way, void or make voidable any insurance then in force with respect to the Premises or operations at the same or that would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease. C. Lessee will not make any unlawful use of the Premises nor permit any unlawful use thereof and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance to the City or to adjacent property owners or tenants, or which might, in City's sole judgment, appreciably damage City's goodwill or reputation or tend to injure or depreciate the value of the Premises or any improvements located thereon. D. City Temporary Use. Lessee acknowledges that the City reserves the right to temporarily use the Premises, at no cost to the City, as a pre- or post -emergency evacuation, storage, or operations facility if deemed necessary by the City Manager. E. City is not required to make any expenditure nor incur any obligation or liability of any kind whatsoever in connection with the financing, construction, maintenance, or repair of the Premises. F. Partial Destruction. If the Premises is partially damaged due to acts of God, fire, or other casualty to the extent that Lessee cannot use that portion of the Premises for its intended Page 2 of 15 purpose, then, at Lessee's option, this Lease may be suspended or terminated until the damage is repaired. If the Lease is suspended, Lessee and City will mutually agree on a time period for Lessee to repair the damages to the Premises. If the Lease is terminated, the rent will be abated from the date of the casualty, provided, however, that Lessee must use its insurance proceeds to repair or replace the damaged Premises to its condition at the time of lease execution. Any remaining insurance proceeds after all repair costs have been expended and the Premises restored will be paid to Lessee. The City Manager is the sole judge of the extent of damage to the Premises. Section 6. Parking. Parking space is available adjacent to the office space, as shown in Exhibit B, on an exclusive basis and may be used for parking cars and other passenger motor vehicles used by the Lessee and its customers, guests, and patrons and persons or companies doing business with Lessee. Lessee acknowledges that use of the parking space shall fully comply with all of the Airport's rules and regulations for parking and vehicle usage at the Premises and adjacent parking areas and shall require users, customers, patrons, and guests of Lessee to do so as well. Section 7. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification, which consent shall not be unreasonably withheld or delayed. Section 8. Right to Amend. If the FAA or its successor agency requires modifications or amendments to this Lease as a condition precedent to the granting of funds to the City for Airport improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be reasonably required, provided, however, Lessee will not be required to pay any increased rent, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and Airport have fully executed an amendment to this Lease that is mutually satisfactory to both parties regarding any terms or conditions of this Lease affected by said actions of the FAA. Section 9. Subordination to U.S./FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 8 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. Section 10. Development of Improvements. A. Lessee shall not construct improvements upon the Premises without the prior written approval of the Aviation Director and the City's Director of Engineering Services. Where required by law, approval of the City is subject to the concurrence of the FAA. Any constructed improvements must substantially conform to the plans, specifications, and requirements approved by the City and FAA, if applicable. B. ANY APPROVALS BY THE CITY UNDER THIS SECTION INCLUDING, BUT NOT LIMITED TO, APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTION OF WORK, DESIGN, OR CONSTRUCTION ARE NOT TO BE CONSTRUED AS A REPRESENTATION, Page 3 of 15 WARRANTY, OR STATEMENT AS TO THE QUALITY, SOUNDNESS, OR SAFETY OF THE DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS) OR FACILITIES RELATED THERETO. C. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements proposed to be placed or constructed on the Premises and complete as -built plans following completion of construction. No work may be performed by Lessee or its contractors without the prior written approval of such plans by the City, acting through its Aviation Director and its Director of Engineering Services. D. Upon termination of this Lease, ownership of any improvements constructed by Lessee on the Premises during the term of this Lease reverts to the City free and clear of all liens, claims, and other encumbrances or adverse interest in the Premises or the Improvements located thereon. Section 11. Lessee's Repair and Maintenance Obligations. A. Premises. Lessee, at its own expense, shall maintain the Premises and improvements in good appearance and in a good, safe condition. Lessee shall maintain all leasehold improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). Lessee shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and improvements in a clean, attractive, and sanitary condition at all times. Any landscaping must be well-maintained and kept in a neat and tidy condition by the Lessee. Lessee shall repair any and all damage caused to real and personal property of City occurring on the Premises as a result of the willful or negligent acts or omissions of Lessee, its officers, employees, agents, guests, or invitees. B. Quality of Maintenance. It is the intent of the City and Lessee that the Premises and improvements will be repaired and maintained in a manner that shall keep the Improvements intact, in good repair, and in a condition so that said Improvements will be usable at the end of the Lease. Lessee must comply with the maintenance obligations and with all - applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Aviation Director may at any time, during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to determine if the maintenance requirements of this Lease are being complied with by Lessee. The Aviation Director must notify Lessee in writing of any default in maintenance or repair. If the required maintenance or repair in the Aviation Director's notice to Lessee is not commenced within 10 business days after receipt of such written notice, or is not diligently prosecuted to completion, the Aviation Director may, but is not obligated to do so, enter upon the Premises and perform the subject maintenance or repair. Lessee agrees to reimburse the Airport for its cost plus a 15% administrative fee within 30 days after the Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. Lessee will develop, within 30 days of execution of this Lease, a preventative maintenance plan regarding the improvements and provide a copy to the Aviation Director. C. Correct Hazards. Lessee must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director. At the Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped Page 4 of 15 until the hazardous or potentially hazardous condition is removed or corrected. Section 12. Security. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. Section 13. CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the FAA Regulations 14 CFR Part 77, as amended, if Lessee plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed on the Premises as an Improvement. Section 14. Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of 15%. Section 15. Aerial Approaches. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Section 16. Hazardous Substances and Materials. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1) Asbestos; 2) Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et. seq.); 3) Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.); 4) Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991, et. seq.); and 5) Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. Page 5 of 15 B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. No fuel storage tanks shall be located or permitted on the Premises. C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Materials Safety Data Sheets ("MSDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the MSDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). Section 17. Nondiscrimination/Affirmative Action. A. Nondiscrimination—General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from Page 6 of 15 participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. B. Nondiscrimination—Business Owner. This agreement is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. The Lessee will undertake any affirmative action program if required by 14 CFR Part 152, Subpart E, to ensure that the Lessee will not exclude any person from participating in any employment activity covered by 14 CFR Part 152, Subpart E, on the grounds of race, creed, color, national origin, sex, age, or disability. The Lessee will not exclude any person on these grounds from participation in or the receipt of the service or benefit of any program or activity covered by the subpart. The Lessee further understands that it will require its covered sub organizations, if any, to provide assurances to the City that they will also undertake any required affirmative action programs, if required, and require assurances from their sub -organizations, if required pursuant to 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA), as it may be amended, with respect to the Premises and its improvements. Section 18. Compliance with Laws. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court Page 7 of 15 of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. Section 19. Acceptance of Premises Disclaimer. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. Section 20. Fiscal Year. By execution of this Lease, Lessee acknowledges that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. In the event the Lease is not continued, the City will reimburse the Lessee the cost of improvements on a pro -rata basis. Section 21. City's Obligations. A. City agrees to operate the Corpus Christi International Airport as a public airport during the term of this Lease, subject to the assurances given by the City to the United States Government. B. In exchange for Lessee's promise to maintain the Premises, the City agrees to make water and wastewater services available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Lessee must procure and pay for all utility usage, such as gas, water, wastewater, cable, Internet, and telephone charges that are supplied to the Premises during the term of the Lease as the charges become due and payable. IN NO EVENT WILL THE CITY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY Page 8 of 15 HAS AGREED TO FURNISH. C. The City shall provide reasonable notice if ingress and egress to the Premises will be interrupted due to maintenance. If City causes Lessee's ingress or egress to be interrupted for more than 24 hours, the City will consider rent reduction for days of non-use. Section 22. Insurance. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in the attached Exhibit C, the content of which is incorporated into this Lease as if set out herein in its entirety. Lessee must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager not less than 30 days prior to the annual anniversary date of the Effective Date of this Lease. The Risk Manager will annually assess the level and types of insurance required by the Lessee. The Risk Manager may increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee shall have 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director and Risk Manager. Section 23. Indemnification. A. LESSEE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS LEASE OR THE PERFORMANCE OF THIS LEASE, 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 OR PARTY. LESSEE 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 INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. B. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the Aviation Director and Risk Manager written notice of any accident or other matter covered under this section and forward to the Aviation Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received within 10 days of Lessee's receipt of same. Page 9 of 15 Section 24. Assignment and Sublease. A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest, or grant any concession or license within the Premises without the express prior written consent of the City, such consent being within the sole discretion of the City, and any attempt to do any of the foregoing shall be void and of no effect. In the event of any such assignment or sublease, attempted assignment or sublease, or should Lessee, in any other nature of transaction, allow or attempt to allow anyone to occupy the Premises or any portion thereof, City shall upon such occurrence have the right and option to terminate and cancel this Lease effective upon 10 days written notice to Lessee given by City at any time thereafter, and City may terminate and cancel either as to the entire Premises or as to only the portion thereof which Lessee assigned, subleased, attempted to assign or sublease, or otherwise allowed some other party's occupancy. Lessee shall be liable for payment of the fair market value of rents for the portion of the Premises used without consent of the City, such fair market value to be determined by resort and review of the Airport's current property appraisal report. In the event the City elects to terminate this Lease as to the aforesaid portion of the Premises, then the rent as to the remainder of the Premises may thereafter be reduced as appropriate and as determined by the City. This prohibition against assigning, subletting, attempting to assign or sublet, and allowing or attempting to allow occupancy by another without the City's consent is to be construed to include a prohibition against any assignment, subletting, or occupancy by operation of law. B. In any case where the City consents to a sublease of the leasehold, Lessee will remain liable for the performance of all terms, conditions, covenants, duties, and obligations of this Lease including, without limitation, the obligation to pay any and all sums required by this Lease to be paid and faithful adherence and performance of all indemnity provisions provided in this Lease. Section 25. Termination. A. Termination by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee at any time upon the occurrence of one or more of the following events: 1) The City's permanent abandonment of the Airport; 2) The lawful assumption by the U. S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts the Lessee from operating at the Premises for a minimum of 180 calendar days; 3) The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues for at least 180 days; or 4) The default by the City in the performance of any covenant or obligation to be performed by the City and such failure to remedy the default continues for a period in excess of 60 days after receipt from Lessee of written notice to remedy the same. B. Termination by City. Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: Page 10 of 15 1) Is in arrears in paying the rent, fees, or other charges due under the Lease for 10 business days or more after written notice; 2) Becomes insolvent; takes the benefit of any present or future insolvency statute; makes a general assignment for the benefit of creditors; files a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof; or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; 3) Has a petition filed under any part of the federal bankruptcy laws, or an action sought under any present or future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4) Abandons the Premises ["abandon" shall mean failing to use the Premises for aeronautical activities and services as defined in current FAA Order 5190.6B FAA Airport Compliance Manual for a period in excess of 90 days; or 5) Otherwise defaults in the performance of any of other material covenant of this Lease and continues the default for thirty (30) days, or such other time as may be provided herein, after receipt of written notice from the Aviation Director of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice of default, Lessee shall not be deemed in default if Lessee commences the remedy process within the applicable period and thereafter diligently prosecutes the same to completion within a reasonable time period as agreed to by the Aviation Director; otherwise, Lessee will be determined to be in default. C. City's Right to Entry upon Termination. If the Lease is terminated, the City may enter upon the Premises. In the event of termination, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Lessee. Excluding personal property provided at the Premises by the City which forms part of the granted use under this Lease, all personal property on the Premises except Protected Health Information (PHI) as defined by the Health Insurance Portability Accountability Act (HIPAA) is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given, or which may be given, to City but is in addition thereto. In the case of termination by either party, if Lessee fails to remove any of its furniture, fixtures, equipment, or other personal property from the Premises within ten (10) days following the termination of this Lease, Aviation Director may, at his option, take title to said personal property, remove the same, and sell the property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. To the extent allowed by law, Lessee further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any loss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. Page 11 of 15 D. Notice of Termination. If an event of material default occurs, and after due written notice identifying the default the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than 10 business days after the postmarked date of the notice. E. Improvements Revert to City. Except for the right of Lessee to remove personal property at the expiration of the Lease, ownership of all improvements placed or constructed on the Premises by Lessee revert to the City upon the expiration or earlier termination of this Lease. Section 26. Re -delivery of Premises. Upon the expiration or earlier termination of this Lease, Lessee shall deliver the Premises to the City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear excepted. Section 27. Holdover. Any holding over by Lessee of the Premises after the expiration of this Lease will be on a month-to-month tenancy at sufferance not to exceed 18 months, at the then current monthly rent, and subject to surrender upon 30 days' prior written notice. Failure to timely surrender the Premises following written notice subjects Lessee to a monthly holdover fee of 125% of the then -current fair market rental value for the Premises. Section 28. Notices. A. With the exception of immediate notices to be provided to the City under the hazardous materials/substances provision of Section 17 and the indemnification provisions of Section 24 of this Lease, all notices required to be sent under this Lease are deemed sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or delivered in person, and as properly addressed below: If to City: If to Lessee: Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, TX 78406 Driscoll Children's Hospital 3533 South Alameda Corpus Christi, Texas 78411 B. Either party may change the address to which notice must be addressed under this section by providing the other party with notice of the new address under any of the methods set out in this section. Section 29. Disclosure of Interest; Conflicts of Interest. A. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do business with the City to complete and provide a "Disclosure of Interest" form of the type attached to this Lease as Exhibit D. The content of the completed Exhibit D by Lessee is incorporated into this Lease by reference as if fully set out in this section. Lessee is obligated to provide an updated Disclosure of Interest should any information submitted in Exhibit D and incorporated into this Lease by reference change during the pendency of this Lease for approval by the City Council and prior to the City's execution of the same. Page 12 of 15 B. Additionally, Lessee agrees, in compliance with Texas statutory requirements, to electronically complete and file Form 1295 "Certificate of Interested Parties" on the Texas Ethics Commission's website and to provide the certified, executed, and notarized form to the City as a condition of this Lease. Section 30. General Provisions. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City -owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessees right thereafter to declare a forfeiture for like or other or succeeding breach or default. C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. Lessor has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. Lessor, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of Lessor, Lessee, and all other tenants and customers of the Airport; provided, however, that Lessor shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E Page 13 of 15 "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable, sealed fireproof receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. (EXECUTION PAGE FOLLOWS) Page 14 of 15 EXECUTED IN DUPLICATE ORIGINALS this day of , 2016 ATTEST: CITY OF CORPUS CHRISTI: Rebecca Huerta City Secretary Approved as to legal form: Margie Rose City Manager Elizabeth Hundley, Assistant City Attorney for Miles Risley, City Attorney Driscoll ildren's Hospital: Eric Hamon <' Executive Vice President Chief Financial Officer Date: /7/ Z.r/�a ACKNOWLEDGMENT STATE OF /e56/5 COUNTY OF 44�2c'7 KNOW ALL BY THESE PRESENTS: This instrument was acknowledged before me on " ` v Z , 2016, by Eric Hammon, Executive Vice President and Chief Financial Officer of Driscoll Children's Hospital, a Texas nonprofit corporation, on behalf of the corporation. e4••••U N's NANCY C. FUENTES My Notary ID # 6828524 -1,1••••••;.4-X Expires May 31, 2020 Aejye Notary Public, State of '-�i�1 ATTACHED AND INCORPORATED BY REFERENCE: Exhibit A– Aerial Depiction of Premises Exhibit B – Metes and Bounds Layout of the Premises and Lease Rate Exhibit C – Insurance Requirements Exhibit D – Disclosure of Interests, completed form Page 15 of 15 LEASE BOUNDARY AREA CONTAINING =2.09 ACRES (91,250 SgFt,) OF LAND WHICH INCLUDES THE BUILDING AND THE HANGAR AREA OF '5,199.42 SgFE. CORPUS CHRISTI INTERNATIONAL AIRPORT - 68' N 88d-78' E = 365' SITE PLAN CCIA CORPUS CHRISTI INTERNATIONAL AIRPORT EXHIBIT A DRISCOLL AMBULANCE FACILITIES SITE PLAN Prepared by: Approved by: Scale: N,T.S, CBELINON. MTapia Date: 07-22-2016 EXHIBIT B BOUNDARY SURVEY EAST SIDE T—HANCER DEVELOPMENT AREA= 91,250SgFt. 2.09 Acres CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI. TEXAS ($ 0.12 per Sq.Ft. annually) FND 5/8" IR —/ 0 N.W. CORNER Pt.2 N 88d -18'E=130' LOT 1, RLOOR 1 INTERNATIONAL • NAU571ML TRACTS \VOL 40. PC. 32, N.R.N.C. %.1..706,083.74 T.17,175,238.48 Pt. I L __ PI ON OR HIGHWAY 44 PROJECT LOCATION 1{ CORPUS CHRISTI INTERNATIONAL AIRPORT LOCATION MAP Pt.3 Pt.6 z ▪ N 88d -18'E=6$' AREA = 2.09 ACRES PI- BLOCK 22 J.C. RUSSELL FARM BLOCKS Vol. 3, Pg. 53 M.R.N.C.T. (CORPUS CHRISTI INTERNATIONAL AIRPORT) POINT OF BEGINNING 137.19 EXISTING BLDG- N 88c1 -18'E=167' Pt.5 Pt -9 N 88d-18 W = 365' S ?d-42' W - 250' EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence occupancy of Property located at the Corpus Christi International Airport under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any sub -lessee to commence work until all similar insurance required of any sub -lessee has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Aviation 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 Lessees 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit Or Texas State Minimum Limits for Personal Autos. $30,000/$60,000/$25,000 WORKERS' COMPENSATION All states endorsement required if Lessee is not domiciled in State of Texas. EMPLOYER'S LIABILITY Statutory $500,000 /$500,000 /$500,000 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; • 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 sub - lessee'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. 2016 Insurance Requirements Aviation Dept. Driscoll Children's Hospital — Hanger Lease Agreement 1/25/2015 ds Risk Management SUPPLIER NUMBER TO BE ASSIGNED BY CII Y PURCHASING DIVISION City of Corpus Christi EXHIBIT D CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, Certification and Definitions. COMPANY NAME: t S C flt `G ` �C,IrefJ STREET ADDRESS: ?531 1 y e(t{� Idn? (-1=r( P.O. BOX: CITY: C\ -eu Sk STATE: 1>c ZIP: ?t•( NOp • af- FIRM IS: 1. Corporation 2. Partnership ❑ 3. Sole Owner 0 4. Association ❑ 5. Other El 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 rib/A (I 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 C( ) R-1( 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 �(1--(( 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 CC kff\- Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Signature of Certifying Person: Exec_ Title: P_4 -cam^ Date: /// /7(L /, DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part- time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Forms 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: 2016-130702 Date Filed: 10/31/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Driscoll Children's Hospital 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. XXX Lease Agreement 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of p- ury, that the above disclosure is true and correct. 4'4hELIDA L SALINAS i' '° MY COMMISSION EXPIRES :�;,t�i",�Et October 12, 2017 AFFIX Sworn 20 NOTARY STAMP / SEAL ABOVE to and subscribed before me, by the said (ro , to certify which, witness my hand _Se_J-4_v i Signa - of authorize. agent of contracting business entity S day of — °`Oh , this the 31 and seal of office. Order L-Su (t !gy)-Fur`i Pie6 (I Oka,,t, c:-e-, Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 VERIFICATION OF SELF-INSURANCE Driscoll Children's Hospital (DCH) has arranged to afford its Hospital Professional Liability and Comprehensive General Liability coverage through a formal self-insurance program. The terms, conditions and exclusions of that coverage are on file in the office of the DCH's Risk Management. This document verifies the following self-insured limits for the plan year beginning 12:01 a.m., May 1, 2016 and ending 12:01 a.m., May 1, 2017. Comprehensive General Liability: $ 1,000,000.00/ 51,000,000.00 each occurrence (bodily injury and property damage combined single limit) aggregate (where applicable) Description of Operations/Locations/Special Items: Location: 402 Hanger Lane, Block 22, Corpus Christi, Texas 78406 Additional Insured: City of Corpus Christi Any claims or incidents should be reported to: Holder of Verification & Address: Driscoll Children's Hospital 3533 S. Alameda St. Corpus Christi, Texas 78411 Attn: Risk Management The City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 In the event of a conflict between the limits shown on this form and the limits afforded under the Holder's contract with the Covered Person or Entity, the lesser of the two limits applies. SIGNED: C-IttwGL Pa- uthorized Representative DATE: August 11, 2016 THIS VERIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER OF THIS VERIFICATION. THIS VERIFICATION DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED UNDER THE SELF-INSURANCE PROGRAM. VERIFICATION OF SELF-INSURANCE Driscoll Children's Hospital (DCH) has arranged to afford its Hospital Professional Liability and Comprehensive General Liability coverage through a formal self-insurance program. The terms, conditions and exclusions of that coverage are on file in the office of the DCH's Risk Management. This document verifies the following self-insured limits for the plan year beginning 12:01 a.m., May 1, 2016 and ending 12:01 a.m., May 1, 2017. Comprehensive General Liability: $ 1,000,000.00/ $1,000,000.00 Description of Operations/Locations/Special Items: Location: 402 Hanger Lane, Block 22, Corpus Christi, Texas 78406 Additional Insured: City of Corpus Christi Any claims or incidents should be reported to: Holder of Verification & Address: each occurrence (bodily injury and property damage combined single limit) aggregate (where applicable) Driscoll Children's Hospital 3533 S. Alameda St. Corpus Christi, Texas 78411 Attn: Risk Management The City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 In the event of a conflict between the limits shown on this form and the limits afforded under the Holder's contract with the Covered Person or Entity, the lesser of the two limits applies. SIGNED: C . a, PL�.-�Q.y- ut�d Representative DATE: August 11, 2016 THIS VERIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE HOLDER OF THIS VERIFICATION. THIS VERIFICATION DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED UNDER THE SELF-INSURANCE PROGRAM. DRISC-1 OP ID: DJ '4�---- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 08/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Borden Insurance P. O. Box 1066 Corpus Christi, TX 78403-1066 Wally Goodman CONTACT NAME: Borden Insurance PHONE (NC NoExt): 361-882-6543 I (V, No): 361-654-2008 E-MAIL ADDRESS: mail@bordenins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Liberty Mutual Fire Ins Co INSURED Driscoll Children's Hospital P.O. Box 6530 Corpus Christi, TX 78411 INSURER B :Liberty Insurance Corporation INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRT LTR TYPE OF INSURANCE ADDL SUBR INSD WVD -------- POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MM/DD/YYYY) --- LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY [ I PE0 I _I LOC OTHER: PRODUCTS - COMP/OP AGG $ S AUTOMOBILE LIABILITY CO a INEDD1 SINGLE LIMIT (EaA S 2,000,000 X ANY AUTO AS2691449259026 05/01/2016 05/01/2017 BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per accident ) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) S S UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE S DED RETENTION S $ B WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY X STATUTE I OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/" OFFICER/MEMBER EXCLUDED? N / A WA769D449259016 05/01/2016 05/01/2017 E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If E.L. DISEASE - EA EMPLOYEE S 1,000,000 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) **see attached CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 ACORD 25 (2014/01) CITY -02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE >iemttne YiQe erantcieat © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME Driscoll Children's Hospital DRISC-1 OP ID: DJ PAGE 2 Date 08/11/2016 Auto - Designated Insured CA 20 48 (Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.) (Blanket) Auto - Waiver of Transfer of Rights of Recovery Against Others to Us CA T3 40 as per written contract (Blanket) Workers Compensation - Blanket Waiver of Subrogation as per written contract NOTEPAD: HOLDER CODE CITY -02 INSURED'S NAME Driscoll Children's Hospital DRISC-1 PAGE 3 OP ID: DJ Date 08/11/2016 30 Day Notice of Cancellation except 10 for non-payment of premium included for Auto and WC PRODUCER Borden Insurance P. O. Box 1066 Corpus Christi, TX 78403-1066 Wally Goodman CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PERIOD WHICH THIS THE TERMS, ILBR TYPE OF INSURANCE '!ANDD,, SUER W LTR ' INSD' VD POLICY NUMBER ' POLICY EFF POLICY EXP LIMITS ' (M MIDD/YYYY) (MMIDDIYYYY) COMMERCIAL GENERAL LIABILITY 1---'-------_ 1 CLAIMS -MADE OCCUR I GEN'L AGGREGATE LIMIT APPLIES PER• ,, POLICY • J'LCT IOC OTHER. EACH OCCURRENCE 5 DAMAGE 1O RENTED PREMISES (Ea occurrence) S : MED EXP (Any one person) S PERSONAL 8 ADV INJURY 5 GENERAL AGGREGATE 5 PRODUCTS - COMP/OP AGO S S AUTOMOBILE LIABILITY A X I ANY AUTO I-7 ALL OWNED I I SCHEDULED I AUTOS 'AUTOS : NON -OWNED _ HIRED AUTOS I AUTOS AS2691449259026 COMBINED SINGLE LIMI I S 'I_(Ea accident) . 05/01/2016'; 05/01/2017 ; BODILY INJURY (Per person) S BODILY INJURY (Per accident) S ! PROPERTY DAMAGI S ,. (Per accident) S 2,000,000 --I UMBRELLA LIAD OCCUR J EXCESS LIAB • , CLAIMS -MADE, j EACII OCCURRI NCI: S AGGREGATE 5 S ' DED 1 RETENTIONS WORKERS COMPENSATIONI AND EMPLOYERS' LIABILITY i B .ANY PROPRIF_=1'OR/PARTNER/EXECUTIVE YIN Iii l I: Of IICI:R/ME:h113ER I XCI UD[IJ J NIA' (Mandatory in NH) - ,f_.I_. If yes, describe under DESCRIPTION OF OPERATIONS below. WA769D449259016 ' PER 0111- • X STAT ER_ ' 05/01/2016105/01/2017 EL EACH ACCIDENT 5 — - - -- - - DISEASE - L_A EMPLOYE E. 5 E.l. DISEASE - POLICY LIMO • S 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) **see attached ,4COR0 CERTIFICATE OF LIABILITY INSURANCE DRISC-1 OP ID: DJ DATE (MM/DD/YYYY) 08/11/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s)._- INSURED Driscoll Children's Hospital P.O. Box 6530 Corpus Christi, TX 78411 CONT NAMEACT Borden Insurance PHONE 361-882-6543 : FAX No): 361-654-2008 (AIC, No,Ext); _-- _ - __.. E-MAIL mail@bordenins.com ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : Liberty Mutual Fire Ins Co INSURER B : Liberty Insurance Corporation INSURER C : INSURER D : INSURER E : INSURER F : NAIC d REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 CITY -02 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 0,431JC:3,-, tit ne.outive ytom Ecestdent ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD INSURED'S NAME Driscoll Children's Hospital DRISC-1 OP ID: DJ Auto - Designated Insured CA 20 48 (Any person or organization whom you have agreed in writing to add as an additional insured, but only to coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.) (Blanket) Auto - Waiver of Transfer of Rights of Recovery Against Others to Us CA T3 40 as per written contract (Blanket) Workers Compensation - Blanket Waiver of Subrogation as per written contract PAGE 2 Date 08/11/2016 NOTEPAD: HOLDER CODE CITY -02 DRISC-1 INSURED'S NAME Driscoll Children's Hospital OP ID: DJ 30 Day Notice of Cancellation except 10 for non-payment of premium included for Auto and WC PAGE 3 Date 08/11/2016 .■•■■■II1111111I■i■■■■■. id Driscoll f AR CHILDREN'S HOSPITAL DRISCOLL CHILDREN'S HOSPITAL TRANSPORT TEAM PROPOSED CCIA FACILITY EXTERIOR ELEVATION o Driscoll e CHILDREN'S HOSPITAL 615 N_ UPPER BROADWAY SUITE 1250 CORPUS CHRISTI, Tx 7847J0050 T. 361.884 3295 :361.88+3298 www_clkarch cam AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 13, 2016 Second Reading Ordinance for the City Council Meeting of December 20, 2016 DATE: November 21, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Water Utilities (361) 826-1689, DanG@cctexas.com Ordinance Adjusting Water rates for Public Agency Customers CAPTION: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Section 55-50 (a)(2)e regarding Resale Treated Water Rates and Section 55-50 (b) regarding debt service component of raw water cost adjustment; providing for publication and effective date of January 1, 2017. PURPOSE: To amend the Code of Ordinances for the revision of treated and raw water rates for public agency customers that are under contract for one year rate adjustments. BACKGROUND AND FINDINGS: The City of Corpus Christi has treated water and/or raw water supply agreements with area public agencies including South Texas Water District (STWA), San Patricio Municipal Water District (SPMWD), Nueces County Water Control and Improvement District No. 4 (NCWCID#4), and the Violet Water Supply Corporation (Violet WSC). The price to be charged for treated water sold to the noted public agencies is the published rate for water service established by this ordinance, including the public agency for resale treated water volume rates for water delivered through City -owned facilities. Per the contracts, the raw water cost adjustment (RWCA) as well as treated water rates will be calculated on an annual basis utilizing the current rate model. The FY 2016-2017 budget includes estimates of revenues generated from increased fees and rates and new fee/rates necessary to fund specific projects and/or cover existing operating costs. ALTERNATIVES: Council may choose not to amend the Code of Ordinances. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Water, Legal, Office of Management and Budget, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures Current Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: Revenues for this item were included in the FY2016-2017 budget. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Section 55-50 (a)(2)e regarding Resale Treated Water Rates and Section 55-50 (b) regarding debt service component of raw water cost adjustment; providing for publication and effective date of January 1, 2017 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55-50, subsection (a)(2)e of the Code of Ordinances regarding Resale Treated Water Rates is revised with new rates as shown in underlined text below to be effective on January 1, 2017. Sec. 55-50. - Schedule. (a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits ("ICL"): Meter Size (Inches) Effective January 1, 2016 1 Residential 5/8 —% Commercial 5/8 —% Residential and Commercial 1 11/2 2 3 $12.14 12.14 18.21 30.35 60.70 97.12 Page 1 4 194.24 6 303.50 8 and larger 607.00 Large Volume Any size 22,784.00 Temporary construction 1 18.21 11/2 30.35 2 60.70 2. Outside city limits ("OCL"): Meter Size (Inches) Effective January 1, 2016 Residential 5/8 —% $ 14.57 Commercial 5/8 —% Residential and Commercial 1 11/2 14.57 21.85 36.42 Page 2 2 72.84 3 116.54 4 233.09 6 364.20 8 and larger 728.40 Large Volume Any size 38,015.00 Temporary construction 1 21.85 1% 36.42 2 72.84 b. Untreated water customers. TEffective January 1, i 2016 Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 $417.99 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 1 254.57 Minimum monthly service charge, industrial 436.88 Minimum monthly service charge, domestic 14.55 Page 3 Minimum annual service charge, domestic 145.62 Minimum monthly service charge, agricultural irrigation water service 218.29 Minimum monthly service charge, temporary construction water service 291.05 Minimum monthly service charge, temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1,679.64 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $254.57, the customer shall be billed $254.57, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. c. Blended water customers. Effective January 1, 2016 Any size $36,280.00 (2) Monthly volume charges per 1,000 gallons. a. Residential rate. 1. Inside city limits: Effective January 1, 2016 7 First 2,000 Gallons J Minimum* Next 4,000 Gallons I $6.07 Next 9,000 Gallons 6.980 Page 4 Over 15,000 Gallons 7.59 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 2016 1 First 2,000 Gallons Minimum* Next 4,000 Gallons $2.34 Next 9,000 Gallons 2.92 Over 15,000 Gallons *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: 3.65 Effective January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $6.781 Effective January 1, 2016 Page 5 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.012 *Use the minimum charges in subsection (a)(1). c. Golf course and athletic field irrigation water inside city limits. Effective January 1, 2016 First 2,000 Gallons Over 2,000 Gallons Minimum* $3.092 *Use the minimum charges in subsection (a)(1) for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size (Inches) Effective January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons $7.59 2. Outside city limits Meter Size (Inches) Effective January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.65 Page 6 r e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective January 1, 2016 January 1, 2017 First 2,000 Gallons Over 2,000 Gallons Minimum* $1.332 $1.331 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 2016 January 1, 2017 First 2,000 Gallons Over 2,000 Gallons Minimum* $1.96'1 $1.930 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Effective January 1, 2016 First 10,000,000 Gallons Minimum* Page 7 Each Additional 1,000 Gallons $5.686 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 2016 l First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $1.998 *Use the minimum charges in subsection (a)(1). g. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a large volume blended water customer. 1. Inside city limits: Effective January 1, 2016 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: $3.628 r Effective January 1, 2016 First 10,000,000 Gallons Minimum* Page 8 Each Additional 1,000 Gallons $0.127 *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] h. Temporary water service. 1. Treated water. A. Inside city limits: Effective January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons $6.781 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 2016 1 First 2,000 Gallons Minimum* Over 2,000 Gallons $3.012 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Effective January 1, 2016 Page 9 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 2016 First 2,000 Gallons Over 2,000 Gallons Minimum* 2 x RWCA *Use the minimum charges in subsection (a)(1). i. Agricultural irrigation water outside city limits. *Use the minimum charges in subsection (a)(1). J. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Page 10 Effective January 1, 2016 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). J. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. k. Temporary large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority. Page 10 *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumers bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. Two (2) subsequent years' RWCA will be calculated according to the following procedures, and then an average rate determined which will yield raw water required revenues over a two-year period: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (7) (9) Page 11 Effective January 1, 2016 First acre foot or fraction thereof Minimum* Over acre foot $1,206.98 per acre foot or fraction thereof *Use the minimum charges in subsection (a)(1). (b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumers bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)g. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated every odd -numbered year no later than October 1 to be effective the following January of even -numbered years using the adopted utility rate model. Two (2) subsequent years' RWCA will be calculated according to the following procedures, and then an average rate determined which will yield raw water required revenues over a two-year period: (1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights, amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (7) (9) Page 11 (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect 1.35 times coverage required on current annual debt service in order to comply with bond covenants, and improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). (14) Include funds necessary to establish and maintain a future water resources reserve fund (water supply development reserve) with an ultimate target balance of thirty million dollars ($30,000,000.00), and an annual contribution of approximately two million dollars ($2,000,000.00) per fiscal year. Revenue from this water supply development reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. (16) Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two (2) years. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the city's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: Construction, including debt service, operation, and maintenance of dams and reservoirs. Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. Construction, including debt service, operation, and maintenance of wells. Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Page 12 Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions. (Ord. No. 9472, 8-27-1969; Ord. No. 11613, 8-8-1973; Ord. No. 12208, §§ 1, 2, 8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1, 2, 8-12-1981; Ord. No. 16593 § 1, 10-14-1981; Ord. No. 17166, §§ 1-3, 7-28-1982; Ord. No. 17762, §§ 1, 2, 8-3-1983; Ord. No. 18351, §§ 1, 2, 7-24-1984; Ord. No. 18587, §§ 1, 2, 12-4-1984; Ord. No. 20411, §§ 1, 2, 7-26-1988; Ord. No. 21001, § 1, 10-9-1990; Ord. No. 21438, §§ 1-4, 7-21-1992; Ord. No. 21814, § 1(a) -(c), 12-14-1993; Ord. No. 22741, § 1, 11- 12-1996; Ord. No. 22832, § 1, 1-28-1997; Ord. No. 22879, § 1, 3-25-1997; Ord. No. 23706, § 1, 7-20- 1999; Ord. No. 23910, § 1, 1-11-2000; Ord. No. 24132, § 1, 7-25-2000; Ord. No. 24531, § la, 7-24-2001; Ord. No. 24969, § 1, 7-23-2002; Ord. No. 25386, § 1, 7-22-2003; Ord. No. 025866, § 1, 7-27-2004; Ord. No. 026368, § 1, 7-26-2005; Ord. No. 026900, § 1, 7-25-2006; Ord. No. 027355, § 1, 7-24-2007; Ord. No. 027781, § 1, 7-22-2008; Ord. No. 028256, § 1, 7-28-2009; Ord. No. 028686, § 1, 7-20-2010; Ord. No. 029158, § 1, 7-26-2010; Ord. No. 029386, § 1, 2-28-2012; Ord. No. 029584, § 1, 7-31-2012; Ord. No. 029917, § 1, 7-30-2013; Ord. No. 030242, § 2(Exh. A), 7-29-2014; Ord. No. 030295, § 1, 9-23-2014; Ord. No. 030605, § 1, 9-8-2015; Ord. No. 030718, § 1, 12-15-2015) 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: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb Page 13 PASSED AND APPROVED, this the day of , 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor Page 14 AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of December 13, 2016 Second Reading Ordinance for the City Council Meeting of December 20, 2016 DATE: TO: Margie C. Rose, City Manager 11/22/2016 FROM: Julio Dimas, Interim Director, Development Services Juliod@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for MPM Development, L.P., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $7,324.00 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 255 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Parkview Unit 5 as shown on the final plat. The subdivision is located east of Ennis Joslin Road, south of Holly Road, and north of Wooldridge Road. The development requires the extension of 255 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Holly Road on Oso Parkway. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 -inch water arterial grid main is $18,426.00 minus the lot/acreage fee of $11,102.00 which equals $7,324.00. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not Applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,447,144.16 Encumbered / Expended Amount $1,081,240.93 This item $ 7,324.00 BALANCE $1,358,579.23 Fund(s): Water Arterial Transmission Grid Main Trust Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Maps ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $7,324.00 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, L.P., ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Parkview Unit 2 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $7,324.00 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb That the foregoing ordinance was read for the second time and passed finally on this the day of , 2016, by the following vote: Dan McQueen Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Carolyn Vaughn Joe McComb PASSED AND APPROVED, this the day of 2016. ATTEST: Rebecca Huerta City Secretary Dan McQueen Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, LP ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Parkview Unit 2 ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Parkview Unit 5, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on the south side of Holly Road for a distance of 255 linear feet in order to connect to water grid main along Holly Road and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 255 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Parkview Unit 5, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 255 linear feet of 12 -inch PVC waterline pipe. 2. Install one (1) cap tapped for 2 inch 3. Install one (1) lump sum traffic control plan b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by December 20, 2017. 6. TIME IS OF THE ESSENCE Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 2 of 10 Time is of the essence in the performance of this contract. 7. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before December 20, 2017. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 3 of 10 need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 4 of 10 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P.O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253 and must be in the form and substance as attached to this Agreement. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $7,324.00. See attached cost estimate (Exhibit 4). Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 5 of 10 b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 6 of 10 EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Parkview Unit 2, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 7 of 10 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this _ day of , 2016. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 By: M General Pa er THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, neral Partner, for M M Development, LP, and acknowledged before me on the 1 day of , 2016. otary Pu . ic, State exas TANYA ROJAS My Commission Expires October 15, 2017 Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Dan McGinn City Secretary Development Services Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2016. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Dan McGinn, Development Services Director, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2016. Notary Public, State Of Texas APPROVED AS TO FORM: This day of _ , 2016. Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Parkview Unit 2 vFinal Standard Form Reimbursement Agreement Template Version 1.0 3.29.16 Page 10 of 10 STATE Or 11145 1 cam', or 4g0055 1 TIL 4A, 7f11J. LN1. IP, 101054 QATW4 Tl41 K ARE RS OR1404S Or 1441 4.440 EI4g4CED 10744 1K MAIRRt5 Cr DC FOY0R4 PIAT, SMUT 7D A LEN N 41405 a 11441 RE HAVE HAD S46 LAID 9111Ett0 110 SUMVECI) AS SWIM 1511 51R3ETS 414 EA.E1141S 4.y SHOPO 4149E ®4 1ERE167LCIC OE0[*TC t8 14 4401 P5V, 53' 1517 415D. ARE WEST DEMATE13 TO tit RAE 1150 rOA TER. 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KS ow 51 n' :5' L 5000' 7000 ffiwlxt',1135 es751,10's' 14, DO528'38.42V 788.32' 19991C. n 04. 75 A Er A GT. SER 32. llels 1 r 7. V. •0. P 41 - a3, 115. vPU DEVEEOPUEIIT. LLP PLAT OF PARKVIEW UNIT 2 (CONTINUED) CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS 6 WELSH ENGINEERING FIRM fa f-52, 3354 S. ALAMEDA ST CORPUS CHRISTI, TCMAS 72404 15 1[ Powers 5/111356 gar. 115.19.0-340.99, x11 .0, gar PIM SCALL . JJAe 09E7 11 0r e 0 23' 50' 17C SCALE. r'• 50' 2.416 N co r`PPnovm +lryJ� Pa - JUN a - PLANNING COMMISSION HRT 17 2418 1 — �MO?! ,09) am AIiOH 13 Exhibit 1 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Parkview Unit 2 Subdivision, hereby request reimbursement of $7,324.00, as provided for by City Ordinance No. 17092. $18,426.00 is the construction cost, including 11% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS Le" —1p Mossa Mostaghasi, President Date MPM Development, LP. COUNTY OF NUECES § This instrument was acknowledged before me on . 1 J\RO___ LcZ 2016, by Mo` Mostaghasi, President of MPM Development, LP. _ `. .. A .......... A A A A A A A "SPY 1 < . epi ESM1 GONZALEZ D#124 < r �`' ID# 12457807-3 Notary Public C t„r•.,,,� � STATE OF TEXAS < '"'.'!wpin:-• My Comm. Exp. 06-08.2019 vv .-vvvvv- vvv CERTIFICATION r Nuec The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. P -t t 111,/ 2.1) Development Services Engineer Date) EXHIBIT 2 PAGE 1 OF 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Parkview Unit 2 subdivision, hereby apply for $11,102.00 credit towards the water acreage lot fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $18,426.00 is the construction cost, including 11% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. THE STATE OF TEXAS COUNTY OF NUECES Mossa Mostaghasi, President MPM Development, LP. § trgi Date This instrument was acknowledged before me on , 2016, by Mossa Mostaghasi, President of MPM Development, LP. CINDY BUENO Nota blic in and for or the State of Texas EXHIBIT 2 PAGE 2 OF 2 PUB= O OPROVI OAC NTS TO PAHRWOM UNE 2 CORPUS CHMSTg9 NUECES COUNTY TEXAS ▪ M • a rNO.�d.ur•r•m. .Nr YYKIYU�e•••••••• •/.YNia INN ▪ Nam W. CNN. ...IS WI▪ N M•i M.r Mrt R.Ir W N ON My IN NM • MTN NM .r.i•C �� 6▪ 26 • r:°pw• .666 NTT( ILMIE EldSmlli.flidOES t N ..r. N M NAM IN 0 w • OO New PIM f RONIN ON r MO o PPP. TO 1 ..N .•••r NMI al wNR ry .W 14•••••=1•N w41 v NNW.. NEON MN .. r .Naw. EP - ••••••Trot+ ▪ um. 1116CNN666r •. n .fa . w w 6 6 a 6 66. w rr� Iia IL wN• . Nr Os r../+•.r .. PINS... ANNE oi�. r •••• INN �:.•.aa RM. d.a..r •/. ud.rW w WN 'yds r MN. •.•N.. R l0 NCI IR NEN MN OM u LOT •.. rN •tomawr 6 ...N a M.P. P.. LEO= — PROPOSED Fau11E3_ SRI'., t^ 1.•••••• NOT •••rs• a •••••• Olt Nr.r rr ••••••••• ••••• NLLNNIP ••••• �• • • N. 616 �e•:d ..l L.. 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SI r NW r.ew.sr CALL BEFORE YOU OIC! �a11M .•Nre.AIh. tn:rn u 1-416696.. GENERAL NOTES. •••••••ANN 4 NMNN •m w.. Ny t IN.-YN1 .1 NaOY666 •Wr.•ON Nip Ir N 06 OOP rN 61112ppm6'Nl .,a MI owe 661. PPP 0161011.11=21N -219X • PPP 12611 126 .NRrY�a NI .N 666 6.16 a 16 i a•. NN fs 611 • aN 6.116.N 1111.011 .meqor ▪ 66 PIO et 66666 Po _ 6. y 616...e.. N•.r r rr..• swr Poi 6 MI Ndens WNW •aaleaS SHFFF ROE; SMELT 1 SHEET 2 SNEEO 3 SHEET 4 SHEET 5 1IFAi1151 HAP [DAR SHEET AND w5CE1LmE0US 1NF00ua110N PRANG. ER4Da1G AND DRAINAGE PLAN. STREET ARI STOW SEWER PROFILES SANITARY SERV AND PATER PLAN AMO SANITART SEWER PROBES STORu PATER POLLUTION PREVE1RIOtl PINI. ESTIMATE SUUUART AND BASE PAPS STREET AND 5OERAIX DETAILS D .pealy*pled by Rama S Pneurnuthu. PE EU[15 0AnaS PRNIaTMDAL PE. oNOerelopmenl Services. meaty d Corpus ChNELA e tnil.rm.o.U1 plcceeaasco t aa11S Dolr 201&07.15 11:1716 6 Mr 126 pol. 6.66 4 r.r r r.• 'r` w iN a.r 61 X11— ' pm PIs NY.S jiv.s 7 N a.241.9 .em1104 hrt 00411 TVb raw [HT1 1/4-1411 MSS A10 REE.H E1tCs1EERn1C n 0061.•140 . 0 -le }M a mama 11001 caws awn IV. M. PUBLIC IMPROVEMENTS TO PORKY I Eli IN(T 2 CORPUS 0.1s/ESTI, 14.EEES CO. 14 COVER SMELT AND MISCELLANEOUS IIFORILLtl[aN Exhibit 3 Page 1 of 5 1 re rrO......rN:: 582501'0 00' 0• E �y. vpd• P- O a 06 1 ru r. 1IP 1.503A Jcp .• 6...w •• 115 10 15 Y 2.00 C, 300 4.00 OA. Al AIal,nlon 1 .t AL NA 10o 099000. UP 5 00 6.00 0 7. Ate ,---\-..-- _� i riff, r ---- tl t..WrM •R•a `y 1 - `r .L%t5NI. o..f. r;.2-1. - •nx itr. — L •S nt rt4w 2.12 is "k II v. • u. r � i ,r r. \ .w PI VAFO. 0100 1 OM I a 41 MP 00 1.1-14110•nta 611 10'0101•. 1 ram • •A w ....y . 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Ts SANITARY SEYEP AND vATER PLAN, SANITARY SEVER PRIX-ILES • rr sr tzuri1=1 ar Jgii. SCALE, r. LI Exhibit 3 Page 3 of 5 ...-,.. ---.7,-. 1.• ...L... •• ...A-7 'r• •,-."-- ;1 ,....4 7.r .'•••••7; 2410...., ;1 \ir . ...... ____ d. 1171 7,'.7 - .,.. ,... • LI itg lri ,-/i. 1.5 is 00 10 0 15 10 PROFILE - 55 Low -13" (00-011S pro5.F1 PAM( OR Utak les to meet TCEQ and Fay Standards for Horizontal !and Vertical Separation 2+00 3.00 I •• S._=--1•114 •• 15.,.• gat ‘`..-Ft: FROPRE - 55 !spa 10S245.7 ST1 15 10 11•1•404.0,....4 **oar aram....11.01$ DIgNally kred try Patna S. 5 Penman PE. m.Ratru D5Pottsomsths6RL osDavelOpment Serfices ouoQty siCaps. Chd110 1. emall.ratnapexcte00tatm,c•115 D1542016.07.15 1147:13 415-017 6855 4501 YO:L_SH 0854502488551 .0.•0800••0. 1.50. 005.• 4.10.1 000111 coma •••••. 15*01 P.M PVILIC INPROVCW.NTS 70 PAINVIEV MIT 2 CORPUS C5501511, PAJECES CO.. Ts SANITARY SEYEP AND vATER PLAN, SANITARY SEVER PRIX-ILES • rr sr tzuri1=1 ar Jgii. SCALE, r. LI Exhibit 3 Page 3 of 5 :�; L - L .l 1 -'--1_ i. NS- �__i.r.S.R.� .Ria.9/0-rsw��y. I I �; J IL '. I « L_,it ..w� �I 0 r:a:s ■ I t � '1IG « 1 E.-— —�— •„ 1 77.4 ar='----1J 1 '11 Ti t --11— — —114 i --- -- ---'"' _.... • • w 1 . of .4Swwee SR121 250000 ' — 610. Ras Pr WINNE CO we WO In. RR -- -w- Ir 1 • w I " 3 w i o • h 9 I E P. • • 4. 50538'421,-•/17.31% ¢:IS Y 4 i I I --I .3YJ I1 I I 1 1111•17 MI MOP. PUP PIP Katy ww r.r...as gowns.rw crar• Pat 110. lo•111 VT MIN .1E0 NM .re •1r oold• r,OrW. NO 32. lural .5. 0000001. LIP ESTIMATE SUMMARY ma- r PE PPE 11. ••• 011 •Ma r 111 .sr ar.o .. r r4.orp,.o• P -...w lw .5•K. u. IC OM lry%Orru....:T�•am da • '4 V V WATFP BASE MAP j l**Uf ea 111 wUw TYPICAL SECT1QN STABILIZED .CONSTRUCTION. ENTRANCE PILLN411N PRLVLNSIRM PINES 0•0 • • mss �• - OW imuywMY .tM . Y ••••••• nM100 010•01, 100 Me ply.. POPE Pi 101 10101 W. 0111 Prt. 00.00011. • Mt 1 O�•.I.R.ai MSR y • ••••• ••• •a • w_mur iw.Arra ... K X1.1. s 0101. Kw ••rEP •• M. M KW •l 1 u nart mom n• w'M worm 1110. 01. ma 11.1110 0110.0 P14•10 PIMP..• ••••w: .•S,Y••.0:k0. o'er. a+�rt�"w1wwrn.61. mo�..0 .11711.1.0 1001-0 0•00110, • 601..• 11001 MT Sr P. Mt 11013011 4011 000 Pt 110. MAIIIPT 1•0111. 010 000 MI esiomurn rmummI En ODO�OQ�I NM Q esporpostE titanclignaltg Enlimaiim P9_LwY m TQI RallniiaA Alailm 1 w•"y.y.r 09i5»7 **dIN RYrui •. OLL rM1RA•ML PmlmmPh. PLO.0ewleprwlR Serwnt FM", '•"�" W.{r7&Cmp*Cl.raa ,'•y..j e.ra.t%w•OKrleuumn 'US DAM 101A07.1S 11,47ll4S00` SCBMENtAteON SCAM PENCE BASS NAS WELSH EIICY.ELRHC h grtl*.TGe e1 7-51 ]G.. t 'L* NMI N.N PER nut r.tl. PUBLIC IMPROVEIEHTS TO PARKVIEV WIT 2 CORPUS EMI TL WECES CO.. TO 57000 RATER POt1N%7N PREVENTION PINI ESTIVATE Swu.R1 AMO BASE IMPS n' S. la w 44r v. ram im w qui ,at. t><zl� cr.. y �1 . an 1. �` 44.4 mat_ s . Exhibit 3 Page 4of5 J TYPICAL STREET SECTION - SD ROW 0 a r."•. kr smmi Mil= ins=1 jrilli IML 1•11t Mao YMMill wN l la Myter... rim••••••••••i 'MVM Slw.at.Il(M mi ISM la/ Gr MON•tral• ..M.. vr. n.. a.� pal pOZ-LOC SIGN SUPPORT ASSEUBLY 11403 WM, ill MEE CM MOO. DETAIL - END OF ROAD BARRICADE INSTALLATION (TYPE OLI - AR OBJECT IAARKERS) Mn 11C ISAANUI S.MIL X 1M I.E .IE.S SM1E1 IM iK 40.0 x1.0.1 STOP SLN e1S141AD7. T l R2swMAI/COELEOTOR. MORTAL MNEMECIAMS No" signed b/ Rama S. PattonINhL PE DN:CN-RRna S. POttor.ut2u.P.E. a•Denekpmenl Scotian, ou•CRya/Corpus[MRs muNKad 1pgccee+asw aDS Dec 201627.15 11,4241 -2 9R BASS 40 RUSH D CAMEEPING 41 alrw. In r-11 aH 1 ...an sign cleat ale6 131.1 IMO. Pup. t' IMPROVEMENTS TO PARAVEEY UNIT 2 CORPUS CHRIST I WEE(S t , TA STREET AND SIDEWALK OETNL5 ma. saa 1..1 h JLas3 ran Y� o s. o. ve..y Exhibit 3 Page 5 of 5 NIXON M. WELSH, P.E RPLS Email NixMW@aol com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 2 OVERALL CONSTRUCTION ESTIMATE CORPUS CHRISTI. NUECES COUNTY. TX 07/12/16 361 882-5521.- FAX 361 882-1265 I. STREET & SURFACE ITEMS NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 2" HMAC 5208 SY 18.00 93,744 00 2. 6" CURB & GUTTER 3700 LF 14 00 51,800 00 3. 8" LIMESTONE BASE 6853 SY 18.00 123,354 00 4. 8" LIME STABILIZED SUBGRADE W/GEOGRID 6853 SY 7 00 47,971 00 5 4" THICK RIC WALK 15264 SF 4.00 61,056.00 6 STREET SIGNS 3 LF 250.00 750 00 7. CLEARING & GRUBBING 1 LS 1,000.00 1,000 00 8 EXCAVATION 1 LS 58,000.00 58,000 00 9 END OF ROAD BARRICADE 1 EA 650.00 650 00 II. STORM SEWER ITEMS NO. 1. 15" RCP 2. 18" RCP 3. 21" RCP HDPE 4. 24" RCP 5. 36" RCP 6 5' INLET DESCRIPTION TOTAL STREET & SURFACE ITEMS 5438,325.00 QUANTITY UNIT UNIT PRICE AMOUNT 189 LF 35.00 6,615 00 331 LF 40.00 13,240.00 905 LF 46 00 41,630 00 193 LF 52.00 10,036 00 109 LF 65.00 7,085 00 14 EA 2,700.00 37,800.00 TOTAL STORM SEWER ITEMS $116,406.00 III. SANITARY SEWER ITEMS NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC 1595 LF 58.00 92,510 00 2 FIBERGLASS MANHOLE 4' DIAMETER 7 EA 4,200.00 29,400 00 3. 4" OR 6" PVC SERVICE 61 EA 800.00 48,800.00 TOTAL SANITARY SEWER ITEMS $170,710.00 IV. WATER ITEMS NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 220 LF 38.00 8,360.00 2. 8" MJ TEE 1 EA 475.00 475.00 3. 8" GATE VALVE 1 EA 1,200.00 1,200.00 4. 8" CAP 1 EA 250.00 250.00 5. 6" PVC PIPE 1683 LF 32.00 53,856 00 6. FIRE HYDRANT ASSEMBLY 3 EA 3,400.00 10,200 00 7. 6" GATE VALVE W/BOX 6 EA 1,000.00 6,000 00 8. 6" TEE, DI 5 EA 350.00 1,750 00 9. 6" CAP TAPPED FOR 2" 2 EA 350.00 700 00 9. 6" EL, 90° DI 3 EA 350.00 1,050 00 10. WATER SERVICE, SINGLE 7 EA 400.00 2,800.00 11. WATER SERVICE, DOUBLE 27 EA 450.00 12.150.00 TOTAL WATER ITEMS $98,791.00 V. WATER ITEMS REIMBURSEABLE BY CITY NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT Exhibit 4 Page 1 of 2 NIXON M WELSH, P.E. R P LS Email: NixMW@aol.com 1. 12" PVC PIPE 2. 12" CAP TAPPED FOR 2" 3. TRAFFIC CONTROL BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.Q. Box 6397 Corpus Christi, TX 78466-6397 255 361 882-5521-- FAX 361 882-1265 EA EA EA TOTAL REIMBURSEABLE WATER ITEMS VI. MISCELLANEOUS ITEMS NO. DESCRIPTION 1. BLANK 2" AND 4" CONDUIT FOR AEP 2. TRAFFIC CONTROL & BARRICADING PLAN (DURING CONSTRUCTION) 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 4. STORM WATER POLLUTION PREVENTION 15011 -ALL EST XLS 60.00 300.00 1,000.00 QUANTITY UNIT UNIT PRICE 400 LF 15.00 1 LS 2,500.00 4847 LF 2.00 1 LS 2,500.00 TOTAL MISCELLANEOUS ITEMS I. STREET & SURFACE ITEMS II. STORM SEWER ITEMS III. SANITARY SEWER ITEMS IV. WATER ITEMS V. WATER ITEMS REIMBURSEABLE VI. MISCELLANEOUS ITEMS SUBTOTAL 11% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION COST -NiliVN M. WELSH :i 15,300.00 300.00 1.000.00, $16,600.00 AMOUNT 6,000.00 2,500.00 9,694.00 2.500.00 520,694.00 $438,325.00 116,406.00 170,710.00 98,791.00 16,600.00 20,694.00 5861,526.00 94.767.86 $956,293.86 Exhibit 4 Page 2 of 2 NIXON M WELSH, P E , R.P LS Email NixMW@aol corn BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 PARKVIEW UNIT 2 WATER REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 6/2/16 361 882-5521- FAX 361 882-1265 NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12" PVC PIPE 255 LF 60.00 15,300 00 2. 12" CAP TAPPED FOR 2" 1 EA 300.00 300 00 3 TRAFIC CONTROL DURING CONSTRUCTION 1 LS 1,000.00 1.000.0_0 TOTAL 516,600.00 15011-WTR REIMS EST XLS 11% SURVEYING, ENGINEERING 8 TESTING 1.626,00 SUBTOTAL 518,426.00 LESS WATER ACREAGE FEE -11.102.00 TOTAL AMOUNT REIMBURSEABLE 57,324.00 40f. SH •.N.�/-. M. WA • icisr "E Page 1 of 1 •1 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 s s City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Teras Depanment of Development Smites P 0 Box 9277 Corpus Christi, Texas 78469-9277 (361)826.3240 Located al 2406 Leopard Street (Comer of Leopard St and Pon Ave ) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: 0 Corporation [Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 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 N/A N/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% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Mossa Mostaghasi (Print) Signature of Certifying Person: Title: President Date: 1-22-16 1,..,,DEVELOPS,IENTSVi HARED I AND DEVELOPMI ,j1" ORDINANCE ADSI/t.ISTRAT10C APPLICATION FORMS FORMS AS PER LEGALV2011tDISCLOSURE OF INTERESTS Page 1 of 2 STATE\IENTI 27 t2 DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest"_ Legal or equitable interest. whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K.IDEVELOPMENTSVCS'SHAREDLLAND DEVELOPAIENTIORDINANCE ADMINISTRATIONIAPPLICATION FOR.%IS,FORMS AS PER LEGAL12OI21DISCLOSLIRE OF INTERESTS STATEMENTI 27 12 DOC Pa e 2 of 2 Exhibit 6 9 Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 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: 2016-77046 Date Filed: 06/27/2016 Date Acknowledged: 1 - Name of business entity filing form, and the city, state and country of the business entity's place of business. MPM Development, LP 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 Development Services 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. Parkview Unit 2 Water Reimbursement 4 Name of Interested Party City,State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check if is NO Interested Party. only there X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity w AFFIX NOTARY STAMP / SEAL ABOVE { , , Sworn to and subscribed before me, by the . `` lM -L � D "� I��, this the day of 20 , to certify which, witness my h:. d 4an a oo w _ — _ BUENO #1178588.3 ry Public ' OF TEXAS EXP. 1 1- i . 4.0,:`, •. n ;p.n, CINDY � �•r ID , `V F - ` Notary `.-.7=,.........;�; STATE q t'FTF,,. My Comm. Signature of officer administering oath Printed name + o c— . • • oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.1021 Vicinity Map VICINITY MAP PARKVIEW UNIT 2 o -I i PARKVIEW UNIT 2 1 Aerial Overview AERIAL OVERVIEW PARKVIEW UNIT 2 t N Aerial AERIAL MAP PARKVIEW UNIT 2 3 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: December 5, 2016 Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation CAPTION: Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. PURPOSE: The purpose of the item is to appoint Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as board members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. BACKGROUND AND FINDINGS: The City has three corporations for which the City Council serves as the Board of Directors. These corporations are the Corpus Christi Community Improvement Corporations (CCCIC), the Corpus Christi Housing Finance Corporation (CCHFC), and the Corpus Christi Industrial Development Corporation (CCIDC). Of the three corporations, the Corpus Christi Community Improvement Corporation (CCCIC) is incorporated under the Texas Nonprofit Corporations Act and therefore appoints its own membership. The other two corporations, the CCHFC and CCIDC, require that the City Council make the appointments. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Legal Housing and Community Development FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital RI 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: Not Applicable RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: Board detail sheets: CCHFC and CCIDC City Of Corpus Christi CORPUS CHRISTI HOUSING FINANCE CORPORATION BOARD DETAILS OVERVIEW L% SIZE 9 Seats `+ TERM LENGTH 2 Years E., TERM LIMIT 2 Years The Corpus Christi Housing Finance Corporation manages the property and business of the Corporation; to issue tax exempt housing bonds; to approve interest reduction payments for housing development according to approved guidelines. • • q • DETAILS COMPOSITION Board of Directors - Bylaws specify that 9 Council Members shall serve, terms to be concurrent with terms of City Council Members; officers chosen by Board of Directors. CREATION / AUTHORITY MEETS Organized in accordance with Texas Housing Finance Corporation Act, Article 1291-7, V.A.T.C.S. Regular meetings on call; Special meetings may be called by the President, Secretary or on written request of 2 directors. Annual meeting of the Board of Directors held during a City Council meeting in February of each year. TERM DETAILS Two-year terms. DEPARTMENT Housing and Community Development COMMITTEE/ SUBCOMMITEE AGENDAS N/A OTHER INFORMATION CORPUS CHRISTI HOUSING FINANCE CORPORATION Page 1 of 1 City Of Corpus Christi CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION BOARD DETAILS OVERVIEW L% SIZE 9 Seats `+ TERM LENGTH 2 Years E., TERM LIMIT 2 Years The Corpus Christi Industrial Development Corporation manages the property and business of the corporation; to promote development of commercial, industrial, manufacturing, etc., by assisting in project financing by issuing tax-exempt revenue bonds. • • q • DETAILS COMPOSITION Board of Directors - Bylaws specify that 9 Council Members shall serve; term to be concurrent with terms of the City Council Members; officers chosen by Board of Directors. CREATION / AUTHORITY Charter No. 525742, July 18, 1980, Secretary of State, in accordance with Development Corporation Act of 1979. Bylaws amended on 8-11-72 to delete Section 2.02; Bylaws amended 9-14-83, to increase number of Directors from 7 to 9 members. MEETS Regular meetings on call; Special meetings - may be called by President on 3 days notice to each Director. Annual meeting of the Board of Directors held during a City Council meeting in February of each year. TERM DETAILS Two-year terms. DEPARTMENT Neighborhood Services COMMITTEE/ SUBCOMMITEE AGENDAS N/A OTHER INFORMATION CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: December 5, 2016 Mayor and Council FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Appointing Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation CAPTION: Motion appointing Council Members Dan McQueen, Michael T. Hunter, Joe McComb, Paulette Guajardo, Carolyn Vaughn, Ben Molina, Lucy Rubio, Greg Smith, and Rudy Garza as Board Members to the Coastal Bend Health Facilities Development Corporation and the Coastal Bend Cultural Education Facilities Finance Corporation. PURPOSE: The Coastal Bend Health Facilities Development Corporation was formed in 1984 to facilitate the financing of health care facilities through the issuance of tax-exempt revenue bonds as authorized by federal tax laws. The Coastal Bend Cultural Education Facilities Finance Corporation was created in 2009 to replace the Coastal Bend Health Facilities Development Corporation. Since the Coastal Bend Health Facilities Development Corporation still has bonds outstanding from earlier financing, it cannot be dissolved until those bonds are either retired or refunded. Council Members are appointed to serve on both of these corporations in order to maintain continuity for both organizations until the Health Facilities Development Corporation can be dissolved. BACKGROUND AND FINDINGS: Not Applicable. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not Applicable. CONFORMITY TO CITY POLICY: Not Applicable. DEPARTMENTAL CLEARANCES: Housing and Community Development Legal 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: Not Applicable RECOMMENDATION: Staff is recommending approval of the Motion as presented. LIST OF SUPPORTING DOCUMENTS: None. AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: October 10, 2016 TO: Margie C. Rose, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Approval of an antenna space lease agreement with One Shoreline Plaza, LLC, for rooftop space for public safety radio communications system CAPTION: Motion authorizing the City Manager or designee to renew a lease agreement with One Shoreline Plaza, LLC, for ten years with an optional extended term of ten years and approving monthly lease payments of $13,040 per month with annual rent increase of 3% for rooftop space and equipment room necessary to support the public safety communications system. PURPOSE: The current lease expired May, 2010 and needs to be renewed. It has continued on a month to month basis since that date. BACKGROUND AND FINDINGS: The City of Corpus Christi public safety communications system operates with two radio towers on top of One Shoreline Plaza and near Robstown on the KRIS Tower. Two sites are necessary to give the 98% coverage required through the original purchase of the system. Both towers were originally selected because of stringent RFP requirements regarding radio signal coverage and overall system range. This site has proven to be an effective location for the Public Safety Radio System currently in use by the City, the RTA, Nueces County and various other Public Safety entities. The City has had an agreement with One Shoreline Plaza since 1990. This agreement is for ten years from March 1, 2016 with an option to extend for ten years (5 options of two years each). The monthly cost has increased by 3% annually as in previous contracts. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP) only Current Year Future Years TOTALS Line Item Budget $224,117 $1,317,040 $1,541,157 Encumbered / Expended Amount $30,952 $30,952 This item $156,480 $1,317,040 $1,473,520 BALANCE $36,685 0 $36,685 Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends entering into the contract. LIST OF SUPPORTING DOCUMENTS: Lease agreement ANTENNA SPAQE LEASE AGREEMENT This Lease Agreement (the "Lease") is made and entered into effective as of the first (1st) day of November 2016 by and between ONE SHORELINE PLAZA, LLC, a Delaware limited liability company having its principal office at 800 N. Shoreline Blvd., Suite 1950, South Tower, Corpus Christi, Texas 78401, hereinafter referred to as "Lessor", and THE CITY OF CORPUS CHRISTI, having its principal office at 1201 Leopard Street, Corpus Christi, Texas 78401, hereinafter referred to as "Lessee". 1. Leased Premises. Lessor grants a non-exclusive lease to Lessee for a portion of the roof of the South Tower of One Shoreline Plaza Building (the "Building"), as shown on Exhibit "A", which is attached hereto and incorporated herein by this reference (the "Roof Space") and an exclusive lease to an equipment room (the "Equipment Room") described on Exhibit "D" attached hereto and incorporated herein by this reference, which Lease shall include the right to place transmitters, receivers and antennas, along with other necessary ancillary equipment, as described on Exhibit "B", which is attached hereto and incorporated herein by this reference, on the Roof Space for purposes of operating a radio transmission system for police, fire, ambulance and other public operations for itself and other authorized governmental agencies. Lessee shall solely and continuously use the Roof Space for such purposes during the entire term of this Lease. The exact location for the placement of the antennas, transmitters and receivers is shown on Exhibit "A". The legal description for the land underlying the Building is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. Lessee shall have the responsibility for all costs, fees and expenses associated with the placement, installation, repair, maintenance and removal of its equipment on the Roof Space, in the Equipment Room, or elsewhere, as shall have been agreed upon in advance ad in writing by Lessor, in and around the Building (other than tenant spaces) and/or its common areas. 2. Term. The term of this Lease shall be for Ten (10) years (the "Original Term") beginning on the 1st day of March 2016 (the "Commencement Date") and, unless sooner terminated pursuant to this Lease, continue for a period of ten (10) years plus the period, if any, between the Commencement Date, if it falls on a day other than the first day of the month, and the first day of the first full calendar month in the Original Term. 2A. Options to Extend. Lessee shall have the option to extend the term of this Lease for five (5) options (each, an "Option," and collectively, the "Options") of two (2) years each (individually, the "First Option Term," the "Second Option Term," the "Third Option Term," the "Fourth Option Term," and the "Fifth Option Term," and collectively referred to as the "Option Terms"), subject to the following terms and conditions: (a) in order to exercise an Option, Lessee (through its City Manager) must give written notice (the "Exercise Notice") of such election to Lessor no later than one hundred and twenty (120) days prior to the expiration of the Original Term the First Option Term, the Second Option Term, the Third Option Term or the Fourth Option Term, as applicable. If timely notification of exercise of an Option is not given, then such Option (and any remaining unexercised Option(s)) shall automatically expire and be rendered void and of no further force or effect; (b) no default by Lessee under this Lease, beyond any applicable notice and cure period, shall have occurred and be continuing on the date Lessor receives an Exercise Notice; (c) except for the provisions hereof granting the Options and except for the amount of Rental payable during the Option Terms, all of the terms and conditions of this Lease shall apply during the Option Terms; (d) except for the Options, Lessee shall have no further right or option to extend the term of this Lease; (e) a later Option cannot be exercised unless an earlier Option has been timely exercised; (f) the amount of Rental payable during each of the Option Terms shall be as set forth in Section 3 hereof. 3. Rent. Lessee agrees to pay Lessor, in advance and without prior notice, demand, deduction or offset, at Lessor's place of business on or before the first day of each and every month of the term of the Lease, as may be extended, a monthly rental (the "Rental") rate fee as set forth below: Base rental fee will be $515.00 per month per cabinet. A "cabinet" is defined as that piece of equipment that transmits a two- way radio signal along with its receiver counterpart or that piece of equipment that combines transmitters and its receiver multicoupler counterpart. The base rooftop two-way antenna rental fee will be $685.00 per month per antenna and antenna mount. The base rooftop microwave dish antenna rental fee will be $1,715.00 per month for each six (6) foot diameter microwave dish and $2,060.00 per month for each eight (8) foot diameter microwave dish. The current installation will consist of the following items resulting in the following monthly rental fee: 10 — 800 MHz. cabinets or repeaters consisting of a transmitter and receiver X $515.00 per cabinet per month: $5,150.00/month 2 - Microwave cabinets consisting of a transmitter, receiver and ancillary multiplex equipment X $515.00 per cabinet per month: $1,030.00/month 2- Cabinets consisting of two - 5 channel transmitter combiners and one - 16 channel receiver multicoupler X $515.00 per cabinet per month: $1,030.00/month 3 - Antennas consisting of two antennas for the transmit system and one antenna for the receive system X $685.00 per two-way antenna per month: $2,055 00/month 1 - Six foot diameter microwave dish antenna at $1,715.00 per dish antenna per month: per month $1,715/month 1 Eight foot diameter microwave dish antenna at $2,060.00 per dish $2, 060.001month TOTAL INITIAL INSTALLATION MONTHLY RENTAL FEE $13,040.001month Lessee will, in writing, notify Lessor of any new equipment that will be installed by Lessee on the Roof Space or in the Equipment Room. With such written notification, Lessee will inform Lessor when the new equipment will be installed, its calculation of the increased monthly rental fee and the date such increased monthly rental fee will take effect. Lessor, its agents and representatives will, upon no less than one (1) business day prior notice to Lessee, have the right to audit the equipment. In the event Lessor disagrees with Lessee's calculation of the increased monthly rental fee, it shall notify Lessee of same and Lessor's calculation thereof; provided, however, pending resolution of any dispute between Lessor and Lessee concerning such increased monthly rental fee, Lessee shall be required to pay the higher amount until such dispute is resolved and any overpayment or underpayment resulting from such resolution shall be reconciled by Lessor and Lessee within ten (10) business days after the date of such resolution. At Lessee's sole cost and expense, a watt-hour meter will be installed to the primary power input to the Equipment Room. Power consumption will be read on a monthly basis and Lessor will, as additional rent, invoice Lessee (separately from any other rooftop or antenna lease fee rates) for the power consumed; each such invoice shall be paid by Lessee without deduction or offset within ten (10) days after Lessees receipt of each such invoice. Lessee's obligation to pay each such invoice by Lessee is in addition to its obligation to pay monthly rental fees. Lessor shall not permit subsequent lessees to attach any equipment on the load side of Lessee's watt-hour meter. Except to the extent caused by the gross negligence or willful misconduct of Lessor, no interruption in the power provided hereunder shall render Lessor liable in any respect for damages to either person or property nor relieve Lessee from fulfillment of any covenant or agreement in this Lease. If any of Lessee's equipment fails because of a loss of electrical power, Lessee shall have no claim for damages on account of any interruption in electrical service occasioned thereby or resulting therefrom. Notwithstanding the foregoing, Lessor shall have the right to shut down electrical service to the Building (including to Lessee's equipment) in connection with any repair, upgrade or maintenance operation conducted for the Building without liability to Lessee for damages provided that Lessor shall, except in the event of an emergency, give Lessee five (5) days' written notice and further provided that any such shut down, to the extent feasible, will be performed outside of normal Building business hours. Lessor shall have no responsibility to provide emergency or "backup" power to Lessee, it being understood and agreed that the provision of any emergency or "backup" power shall be the sole responsibility of Lessee. Lessee hereby acknowledges that late payment by Lessee of Rental will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Late payments will be subject to the Texas Prompt Payment Act 3A. Rental Adiustment. The monthly rental fee from the anniversary date of this Lease to December 31st of such calendar year shall be as set forth in Section 3 of this Lease. Effective on the first (1st) day of January of the calendar year immediately following the anniversary year of the execution of this Lease and each January first (1st) of each year during the term of this Lease, as may be extended, the monthly rental fee shall be increased, on a compounded and cumulative basis, by three percent (3%) per annum . 4 Security Deposit. The sum of Five Thousand and no/100 Dollars ($5,000.00) previously deposited by Lessee with Lessor as a security deposit shall be retained by Lessor upon execution of this Lease for the faithful and diligent performance of Lessee's covenants and obligations hereunder. Such security deposit may not be used by Lessee as a credit against Rentals due under the Lease. In the event Lessor must draw from Lessee's security deposit in order to perform for Lessee, Lessee shall replenish such amount within ten (10) days after receipt of written demand by Lessor. No part of the security deposit shall be considered to be held in trust, to bear interest or to be prepayment for any monies to be paid by Lessee under this Lease.. Further, Lessor shall not be required to keep the security deposit separate from its general accounts. 5. Number of Antenna Structures. Lessor grants permission to Lessee to install and operate on the Roof Space the antenna structures listed on Exhibit "B". Lessee is responsible for providing all equipment and modification of the equipment to be placed upon the Roof Space that is necessary to its operation. Lessor is only responsible to provide the Roof Space and one (1) equipment room as depicted on Exhibit "D". Lessee is expressly and solely responsible for all costs, fees and expenses relating to any modification (including electrical), installation, or maintenance of the Roof Space and Equipment Room related to this Lease. Lessee shall, at its sole cost and expense, install and maintain all air conditioning and heating equipment required by it in the Equipment Room. All manner and type of installations shall first be approved in writing by Lessor. As an inducement by Lessee to Lessor, it is expressly understood by Lessee and Lessor that the Roof Space and the Equipment Room is leased to Lessee under this Lease in their current "AS IS" and "WHERE IS" condition and' WITH ALL FAULTS" and that Lessor expressly disclaims all warranties, express or implied (except for title), including but not limited to habitability, suitability and fitness for a particular purpose. Lessor agrees to place, and require subsequent lessees to place any additional antennas on the roof of the Building in a manner such that their placement will not materially interfere with the operation and performance of the Lessee's e. Lessee, however, will not unreasonably withhold concurrence of antenna system placement upon the Roof Space. 6. Frequencies. Lessee agrees that it shall not change the initial frequencies as specified on Exhibit "B" attached hereto without Lessor's prior written approval, which shall not be unreasonably withheld, and which purpose is to avoid a conflict with the operations of existing or subsequent lessees of the Building. 7. Attachments to Roof by Lessee. Lessee shall, at its sole cost and expense, maintain any equipment on/in or attached to the Roof Space in a safe condition and in good order, repair and condition, and in a manner suitable to Lessor so as not to conflict with the use of the roof of the Building by Lessor, or by any other company using the roof of the Building and so as not to interfere with the working use of facilities currently thereon or may hereafter be placed thereon. Lessee covenants that it will use only industry standard light -weight mesh microwave dishes and Class A hurricane mounting, for all exterior installations, which Lessor must first approve in writing. Further, Lessee covenants that it shall coordinate the color of all exterior equipment with the Lessor, which shall be subject to Lessor's prior written approval. 8. Interference. Lessor agrees to, in all future leases of the roof of the Building similar to this Lease, require other lessees to perform intermod studies to determine if there will be any material interference with Lessee's use of the Roof Space, and if any such study determined that potential for such material interference exists, Lessor will require the subsequent lessee(s) to provide adequate protection against such material interference. Lessee agrees to install equipment of types and frequencies which will not cause interference to Lessor or other lessees or Lessor's property, antenna site and/or equipment room. In the event Lessee's equipment causes such interference through improper functioning of equipment or any other cause within the reasonable control of Lessee, Lessee will make best efforts to eliminate the interference. Further, Lessee will take such action as deemed appropriate to minimize the effect of interference until such time as interference can be eliminated, including, if necessary, ceasing operation of such equipment until it can be made to function properly and not cause any such interference. Further, Lessee agrees, upon report of interference to other equipment located within the Building or upon the exterior of the Building, to verity within forty-eight (48) hours of the report that all of Lessee's equipment is operating within FCC guidelines and rules as set forth herein. Notification in writing of spectral impurity beyond herein imposed limits will also constitute interference, and the Lessee will immediately take all steps necessary to correct the problem. If the problem cannot be corrected within the limits specified herein, the Lessee agrees to remove its equipment from the Building. Further, Lessee will take such action as deemed appropriate to minimize the effect of interference until such time as interference can be eliminated. Spectral impurity is defined by the following: All transmitting and receiving equipment shall, at a minimum, meet or exceed applicable FCC Rules and Regulations and all appropriate EIA standards, including the most current revisions at the time of installation of RS -152 and RS -204 All transmitter -generated third -order intermodulation products shall be attenuated at least 70 dB, relative to the level of the extraneous mixing signal. The transmitter side -band spectrum shall be attenuated to a level no greater than: (1) -100 dBc at +1- 25 kHz from the carrier (2)-110dBc at+1--1 MHz and beyond from the carrier (dBc denotes decibel level below carrier amplitude level) The Antenna Site Technical standard will be adhered too without any exceptions. Exhibit "D", attached hereto, is the Antenna Site Technical Standards. 9. Access. Lessor agrees that Lessee shall have access to the Roof Space and/or equipment located thereon for the sole and limited purpose of installing, maintaining, operating and removal of Lessee's equipment, and Lessor further agrees to grant Lessee ingress and egress to the Roof Space during normal business hours of the Building during the Original Term and any extensions thereof. Lessee shall further have emergency access to the Roof Space at all times, provided, however, oral notification is first given to Lessor or any security personnel of the Building. All access to the Roof Space shall be coordinated through Lessor's security personnel. It is agreed, however, that only authorized engineers, employees, contractors, sub -contractors, and agents of Lessee, FCC inspectors, or persons under their direct supervision of Lessee, will be permitted access to the Roof Space. 10. Compliance with Statutes and Regulations. Antennas, wires, appliances and equipment of Lessee shall be erected and maintained in accordance with the requirements and specifications of the safety codes of the State of Texas, including any amendments or revisions thereof, and in compliance with any rules or orders now in effect, or that hereafter may be issued by the Federal Communications Commission, or any other governmental or municipal entity having authority over the same. 11. Maintenance and Operating of Roof. Lessor reserves to itself, its successors, and assigns, the right to maintain the roof of the Building, including the Roof Space, and to operate its facilities in such manner as will best enable it to fulfill its own services to lessees of the Building. 12. Rights to Equipment. Any and all machinery, equipment and trade fixtures installed by Lessee shall remain personalty notwithstanding the fact that it may be affixed or attached to the realty, and shall, during the term of this Lease or any extension or renewal thereof, belong to and be removable by Lessee. Lessee may, at its election, remove said equipment on or before the expiration of the term of this Lease. Upon expiration or termination of this Lease, Lessee shall remove said equipment and related cabling and wiring within fifteen (15) days thereafter and Lessee shall repair any and all damage caused by said removal (within fifteen (15) days of such expiration or termination. Any of Lessee's property remaining on the Roof Space fifteen (15) days after the expiration or termination of this Lease, which Lessor does not require Lessee to remove, shall become the property of Lessor, free of any claim by Lessee or any person claiming through Lessee. If Lessee fails to remove equipment after receipt of written notice from Lessor, Lessor has the right to have such equipment removed and charge back the actual cost of removal to Lessee plus fifteen percent (15%) for Lessor's overhead costs to do such work. Lessee's obligations under this Section 12 shall survive the expiration or earlier termination of this Lease. 13. Lessor Lien. Lessor shall have at all times, a lien for all rentals and other sums of money becoming due hereunder from Lessee upon all goods, wares, equipment fixtures, furniture and other personal property of Lessee situated on the above described premises, and such property shall not be removed therefrom without consent of Lessor until all arrearages and rent as well as any and all other sums of money then due to Lessor hereunder shall first have been paid and discharged, Upon the occurrence of any default and the lapse at any applicable cure periods as hereinafter set forth, Lessor shall have the option, in addition to any other remedies provided herein or by law, to enter upon the Equipment Room with or without the permission of Lessee and take possession of any and all goods, wares, equipment, fixtures, furniture, and other personal property of Lessee situated therein and upon the Roof Space without liability or trespass or conversion, to sell the same with or without notice at private or public sale, with or without having such property at the sale, at which Lessor or its assigns may purchase, and to apply the taking or possession and sales of the property as a credit against any sums due by Lessee to Lessor. Any surplus shall be paid to Lessee, and Lessee agrees to pay any deficiency forthwith. Alternatively, the lien hereby granted may be enforced by Lessor in any other manner provided by law. The statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. 14. Default. In the event Lessee fails to comply with any of the provisions of this Lease, including the specifications herein mentioned, or default in any of its obligations under this Lease, including its monetary obligations, Lessor may, after written notice and ten (10) days opportunity to cure monetary default and thirty (30) days opportunity to cure non -monetary default, at its option, either terminate Lessee's right to possession of the Roof Space and the Equipment Room or terminate the Lease and accelerate the balance of payment due under this Lease for the then remaining balance of the term of this Lease. In the event that Lessor is required to act on behalf of Lessee in event of default, Lessee shall remain responsible for all costs, fees and expenses to cure said default. Lessee shall be obligated to pay all costs, fees and expenses incurred by Lessor as a result of Lessee's default, including the cost of removing equipment, restoring the Roof Space and the Equipment Room to its prior condition, costs of collection, and reasonable attorney's fees for enforcing the Lessor's rights under this Lease. In addition, Lessor shall have the right to pursue all other remedies available to Lessor under applicable law by reason of Lessee's default under this Lease. 15. Manner of Giving Notice. Any notice to be given under this Lease shall be mailed to the party to be notified at the address set forth herein, by registered or certified mail with postage prepaid, via overnight mail or by personal delivery, and shall be deemed given when so mailed or shall be hand -delivered to the party to be notified. Any demand or notice to either party may be given to the other party by addressing the written notice to: LESSOR: One Shoreline Plaza, LLC 800 N. Shoreline Boulevard Suite 1950 South Corpus Christi, Texas 78401 LESSEE: City of Corpus Christi 321 John Sartain Corpus Christi, Texas 78401 Attention: Chief of Police 16. Quiet Enjoyment. Lessor covenants and agrees with Lessee that upon Lessee paying the Rentals and observing and performing all of the terms, covenants and conditions on Lessee's part to be observed and performed under this Lease, Lessee may peacefully and quietly enjoy the non-exclusive use of the Roof Space for the use permitted herein and the use of the Equipment Room, subject nevertheless to the terms and conditions of this Lease. 17. Entire Agreement, Severability. This Lease, inclusive of the exhibits, embodies the entire agreement between the parties concerning the subject matter hereof. If any provision herein is determined invalid by a court with proper jurisdiction, it shall be considered deleted from this Lease, and shall not invalidate the remaining provisions of this Lease. 18. Parties Bound by Agreement. Subject to the provisions hereof, this Lease shall be extended to and bind the successors and assigns of the parties hereto (but this reference to assigns shall not be deemed to act as a consent to an assignment of this Lease by Lessee). 19. Construction. Should any provision of this Lease require judicial interpretation, the Court shall not apply the presumption that the terms hereof shall be more strictly construed against the party who drafted the Lease, it being understood that both parties hereto have participated in the preparation of the Lease. 20. Casualty Loss. In the event the roof of the Building is damaged or destroyed by fire, earthquake, hurricane, rain, wind or other casualty, then, to the extent of, and conditioned upon the receipt of, insurance proceeds that Lessor actually receives, Lessor shall use commercially reasonable efforts to restore the roof of the Building; however, in the event Lessor is unable to restore the roof of the Building within six (6) months after the damage is sustained, then Lessor or Lessee shall have the option to terminate this Lease by giving the other party written notice of termination. Rentals shall proportionately abate during the period that Lessee is unable to use the Roof Space for the purposes described and permitted in this Lease. 21. Appropriations. Lessee's obligations under this Lease beyond its current budget year are subject to appropriations by the Corpus Christi City Council; however, in the event that appropriations for future years are not approved, Lessor and Lessee hereby agree that Lessee may, upon no less than ten (10) business days' prior written notice to Lessor, elect to terminate this Lease, provided, however,. as consideration for such early termination, Lessee shall, concurrently with its election to terminate this Lease hereunder, pay to Lessor as liquidated damages, one (1) year's Rental as is then currently due under this Lease. The parties hereto expressly agree and acknowledge that Lessor's actual damages in the event of such termination by Lessee would be extremely difficult or impracticable to ascertain and that the above -stated amount of the represents the parties' reasonable estimate of such damages. The payment of such amount as liquidated damages is not intended as a forfeiture or penalty. Lessee's obligations hereunder shall survive the termination of this Lease. 22. Care of Premises. Lessee agrees to pay Lessor, in addition to all other amounts payable by Lessee under this Lease, the cost of repair or damage caused to the Building and its common areas or any contents therein during the installation, maintenance, repair, or removal of Lessee's equipment. Lessee agrees to cover the elevator floor area of the 28th floor upon installation, repair or removal of Lessee's equipment and to take other precautionary measures within the Building as Lessor shall notify Lessee to take during the installation, maintenance and removal of equipment. Lessee's obligations under this Section 22 shall survive the expiration or earlier termination of this Lease. 23. Transfers by Lessor. Lessor shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder and in the Building, in such event and upon such transfer, Lessor shall be released from any further obligations under this Lease, and Lessee agrees to look solely to such successor in interest of Lessor for the performance of such obligations. 24. Transfers by Lessee. Lessee shall not transfer, convey, mortgage, pledge, hypothecate, or encumber Lessee's interest under this Lease or grant any license, concession, or other right to occupancy of any portion of the Roof Space or the Equipment Room without the prior written consent of Lessor, which may be granted or withheld in Lessor's sole discretion. The prohibitions specified in this Section 24 shall be in addition to, and independent of, any other provisions of this Lease and shall be construed to include, without limitation, any such prohibited transfers occurring by operation of law. Any attempt by Lessee to accomplish a transfer prohibited by the provisions of this Lease, without having obtained the prior written consent of Lessor thereto, shall be void and of no force or effect and may, at the option of Lessor, constitute a material default hereunder. 25. Environmental. Lessee will be responsible for all obligations of compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or concerns as may now or at any time hereafter be in effect, to the extent resulting from Lessee's activities now conducted upon the Roof Space and the Equipment Room. 26. Subordination. This Lease and any extension or renewal hereof are expressly made subject and subordinate to any mortgage, deed of trust, ground lease, underlying lease or like encumbrance affecting any part of the Building or any interest of Licensor therein which is now existing or hereafter executed or recorded, any present or future modification, amendment or supplement to any of the foregoing, and to any advances made there under (any of the foregoing being a "Superior Interest") without the necessity of any further documentation evidencing such subordination; provided, however, that the holder of any such Superior Interest shall agree not to disturb Lessee's rights under this Lease upon foreclosure or other transfer of interest. Subject to the foregoing, Lessee shall, upon Lessor's request, execute and deliver to Lessor a document evidencing the subordination of this Lease to a particular Superior Interest. If the interest of Lessor in the Building is transferred to any person ("Purchaser") pursuant to or in lieu of proceedings for enforcement of any encumbrance, Lessee shall, at the Purchaser's election, attorn to the Purchaser and this Lease shall continue in full force and effect as a direct agreement between the Purchaser and Lessee on the terms and conditions set forth herein. 27. Limitation of Liability. Lessee shall neither assert nor seek to enforce any claim for breach of this Lease, or otherwise, against any of Lessor's assets or against the assets of Lessor's members or managers, other than the equity interest of Lessor in the Building, and Lessee agrees to look solely to such interest for the satisfaction of any liability of Lessor under this Lease, it being specifically agreed that in no event shall Lessor, any affiliate of Lessor or any member or manager (which terms shall include, without limitation, any of the officers, trustees, partners, beneficiaries, joint ventures, members, managers, or other principals or representatives thereof, disclosed or undisclosed) ever be personally liable for any such liability. 28. Damages. Notwithstanding anything to the contrary contained in this Lease, in no event shall Lessor be liable to Lessee for any special, incidental, consequential or punitive damages, all such damages being hereby fully waived by Lessee. 29. Condemnation. If the whole or substantially the whole of the Building or should be taken for any public or quasi -public use, by right of eminent domain or otherwise or should be sold in lieu of condemnation, then this Lease shall terminate as of the date when physical possession of the Building is taken by the condemning authority. If less than the whole or substantially the whole of the Building are thus taken or sold, Lessor (whether or not the Roof Space is affected thereby) may terminate this Lease by giving written notice thereof to Lessee; in which event this Lease shall terminate as of the date when physical possession of such portion of the Building are taken by the condemning authority. All amounts awarded upon a taking of any part or all of the Building shall belong to Lessor and Lessee shall not be entitled to and expressly waives all claims to any such compensation. 30. No Implied Waiver. Failure of a party to insist at any time on strict performance of any of the conditions, covenants, terms or provisions of this Lease or to exercise any option, right, power or remedy contained herein shall not be construed as a waiver or a relinquishment thereof for the future. No payment by Lessee or receipt by Lessor of a lesser amount than the monthly rental fee due under this Lease shall be deemed to be other than on account of the earliest monthly rental fee due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as monthly rental fee be deemed an accord and satisfaction, and Lessor may accept such check or payment without prejudice to Lessor's right to recover the balance of such monthly rental fee or pursue any other remedy available to Lessor under this Lease and applicable law. 31. Governing Law. This Lease and the rights and obligations of the parties hereto shall be interpreted, construed, and enforced in accordance with the internal laws of the State of Texas. 32. Disclosure Of Interests. In compliance with Section 2-349 of the Corpus Christi Code of Ordinances, Lessor shall complete the City's Disclosure of Interests form, which is attached to this Lease as Exhibit E, the contents of which, as a completed form, are incorporated into this Lease by reference as if fully set out in this Lease. (For corporate businesses whose shares are publicly traded and listed on recognized national or regional stock exchanges or over-the-counter markets, it shall be sufficient if a current Securities and Exchange Commission Form 10-K is filed in lieu of the City's Disclosure of Interests form.) 33. Certificate of Interested Parties. Lessor agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this Lease. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (a) persons with a "controlling interest" in the entity, which includes: (i) an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds ten percent (10%); (ii) 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 ten (10) members; or (iii) service as an officer of a business entity that has four (4) or fewer officers, or service as one of the four (4) officers most highly compensated by a business entity that has more than four officers; and (b) 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:/fwww.ethics.state.tx.usllegal/ch46.html.) 34. Conflict of Interest. Lessor agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. (For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http:llwww.cctexas.com/governmenticity- secretary/conflict-d isclosurelindex.) 35. Estoppel. Each party to this Lease shall, upon twenty (20) days' prior notice from the other party issued not more than two (2) times in any period of twelve (12) consecutive months, execute, acknowledge, and deliver to the requesting party a statement in writing (a) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the Rental and other fees and charges are paid, if any, and (b) acknowledging that there are not, to the certifying party's knowledge without any obligation to investigate, any uncured defaults on the part of the requesting party, or specifying such defaults if any are claimed. IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first above written. LESSOR: LESSEE: ONE SHORELINE PLAZA, LLC, THE CITY OF CORPUS CHRISTI a Delaware I'mited liability company By: Margie C. Rose City Manager ATTEST: Rebecca Huerta City Secretary Date APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) r Ridabit A 144i r r � Ana= Mims, 1pe asPoUtiria Weraelisar Pa a Lairnmair11a' mum -rte Dig 1114:44144121 exhibit n Paye 2 Il _...••••y-,r,,,.•y••••••yr • 0 0 /O;Ii/ Mr0152110E MALI APIA IMTaati Priuxuarr _.+�. Pit Wok = wows'? raft4.4Cro £ nl+eN ram Uinta f�fu` 101Io fI +flUhff gwir 1.l ll INV 11 r'1 rowan Jim KA Mal AisliVikor Pillaana• Mfr ferrliwnwp �fr 1 I ---I APTLY Litlfael Y ..w Triir iia YR1�'�' 119 hM WILL pi -fl 1+[ W aqy M lfpyys�rr tm'����iy�R��0. isikdefirifi gfer -wrieval i g .fwd[ a1+csT 1t.wrelMtfei Iwq, Ii wa_pc�Aea x111).'MUM rErimixirt ma LA's Yrl! EXHIBIT MB" TO LEASE AGREMENT BETWEEN SHORELINE VENTURE, LTD., AS LESSEE AND THE CITY OF CORPUS CHRISTI, AS LESSOR EQAUIPMENT AND FREQUENCIES Lessee shall operate 15 transceivers on the following frequencies: Transmit 1 811.4375 Mhz Receiver 1 856.4375 Mhz Transmit 2 811.9375 Mhz Receiver 2 856.9375 Mhz Transmit 3 812.4375 Mhz Receiver 3 857.4375 Mhz Transmit 4 812.9375 Mhz Receiver 4 857.9375 Mhz Transmit 5 813.4375 Mhz Receiver 5 858.4375 Mhz Transmit 6 813.9375 Mhz Receiver 6 858.9375 Mhz Transmit 7 814.4375 Mhz Receiver 7 859.4375 Mhz Transmit 8 814.9375 Mhz Receiver 8 859.9375 Mhz Transmit 9 809.1125 Mhz Receiver 9 854.1125 Mhz EXHIBIT "B" PAGE 2 Transmit 10 809.3875 Mhz Receiver 10 854.3875 Mhz Transmit 11 809.9625 Mhz Receiver 11 854.9625 Mhz Transmit 12 810.2125 Mhz Receiver 12 855.2125 Mhz Transmit 13 810.4625 Mhz Receiver 13 855.4625 Mhz Transmit 14 813.7625 Mhz Receiver 14 858.7625 Mhz Transmit 15 814.7625 Mhz Receiver 15 859.7625 Mhz Additional equipment: From Shoreline to Violet Microwave Transmit Microwave Receive From Shoreline to PD 2426 2474 Microwave Transmit 2421.0 Microwave Receive 2462.5 EXHIBIT "C" TO LEASE AGREEMENT BETWEEN ONE SHORELINE PLAZA, LLC, AS LESSOR AND THE CITY OF CORPUS CHRISTI, AS LESSEE LEGAL DESCRIPTION Water Block Eight A (8A), Beach Portion of the City of Corpus Christi, Texas, according to the map or plat thereof recorded in Volume 50, Page 68 of the Map Records of Nueces County, Texas. "EXHIBIT "D" ANTENNA SITE TECHNICAL STANDARDS 1. All transmitters operating in the range of 20 to 1300 MHz must have a ferrite isolator with a minimum of 35dB rejection in the reverse direction. This will be installed between the transmitter and single bandpass cavity or bandpass, band -reject type of duplexer combiner. 2. For those stations without bandpass, band -reject duplexer, a low pass filter or single -stage bandpass cavity must be placed between the isolator and the antenna system 3. The transmission cable must be jacketed Heliax type cable only, and secured by either stainless steel clamps or approved equal. Excess transmission line must be removed. 4. Each transmission line shall be identified in three places with a stainless steel tag that identifies the user/tenant and the antenna position: (1) at the cabinet, (2) as it enters the roof area and (3) at the antenna. 5. Cabling between the main antenna feedline, isolators, dupiexers, cavities, and the transmitter all must be double shielded RG -213 coaxial cable or Heliax type cable. 6. All radio equipment, excluding microwave, multiplex, transmitter combiners, receiver multicouplers and ancillary equipment, must be housed in RF tight metal enclosures, and securely bonded to the common grounding system with #6 AWG stranded conductor cable with 600 volt jacket. The cable shall be terminated with a compression type lug and securely fastened to the cabinet with a 5116" diameter machine bolt and lockwasher. 7. All antennas will be fiberglass enclosed "pole type" antennas. No bi-metallic loop antennas will be allowed. Only Celwave "Station Master" fiberglass type antennas or Decibel Products, Inc., #DB- 258, Bogner BMR 12 or approved equals may be used. 8. All antennas and their associated support mounting structures must be capable of surviving 112 mph winds. 9. The location and mounting of all antennas will be designated by the site coordinator. This location will be shown on the Lease. Changes must be approved in writing from the site coordinator. Any antenna or cable failing to meet the above standards will be removed from the Tower and/or building at the Lessee's expense. "EXHIBIT "D" PAGE 2 10. All transmission lines must be secured to structure members or walls using stainless steel coaxial clamps. All cabling will be installed plumb and true in a good and workmanlike manner. 11. On a 48-hour notice, stations will be made available for inspection by the site coordinator to assure compliance with the above standards. 12. The following information is essential for RF site coordination, and must be provided. Anv and all changes must have prior approval and be reported to the site coordinator. A. Frequency of all transmitters and receivers. B. All transmitter powers and powers to antenna system. c. Manufacturer and model number of the antenna. D. Type and length of cable. Type and model number of all RF devices used on the transmission path to the transmitter and receiver. This will include combiners, duplexers, cavities, isolators, circulators, crystal filters, receiver multi -couplers, etc. The name, address and phone number of the person or group directly responsible for the day-to-day maintenance of the station. The name, address, and phone number of the person or group directly responsible for the Lease agreement. Items F. and G. along with the current FCC license will be posted in a clear plastic holder on the cabinet of the equipment. The plastic holder will be supplied by site coordinator if requested. ggl SUPPLIER NUMBER TO BE ASSIGNED BY Crl Y PURCIIASING DIVISION City of Corpus Chnsti EXHIBIT E CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code 5 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: STREET ADDRESS: CITY: STATE: P.O. BOX: ZIP: FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑ 4. Association ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)]. CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur. Certifying Person: Title: Signature of Date: Certifying Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. 9. "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. Attach Form 1295 Certificate of Interested Parties 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: 2016-131756 Date Filed: 11/0212016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. One Shoreline Plaza, 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 tiled, 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 he provided under the contract. PD100716 rooftop space for antenna equipment 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Tubbs, Laura Corpus Christi, TX United States X One Shoreline, LLC Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I sweat, or affirm, under penalty of perjury, that the above disclosure is true and correct. • w ii,n,. .:';A P, �,, ANDREA CRISTINA PERE °•` .. r Notary Public, State of Texas My Commission Expires w`fe ' August 13, 2018 ! i.--((....L_ Ley 6 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP i SEAL ABOVE Swornlto and subscribed before me, by the said Ur � 1 1� this the day of I�JVT e k i hCd 20 l `,1 to certify which, witness my hand and seal of office. [0410- Aift( Andy.o,k cl.A.,)Iikuk_Ruz.- noma.o._ f ote/ Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forrns provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: Margie C. Rose, City Manager November 16, 2016 THRU: Annette Rodriguez, M.P.H., Director of Public Health Annetter©cctexas.com 361.826.7205 FROM: William Milan Uhlarik, M.B.A., A.R.M., Assistant Director of Public Health Williamu2@cctexas.com 361.826.1348 Resolution authorizing an Interlocal Agreement with Department of Health Services (DSHS) for analysis of bay water samples and ratifying acceptance of agreement to begin September 1, 2016 CAPTION: Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Department of State Health Services (DSHS), in an amount not to exceed $56,000.00, to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2016, through August 31, 2018; and to ratify acceptance of the agreement to begin as of September 1, 2016. PURPOSE: To be used to pay for expenses of the Corpus Christi-Nueces County Public Health District (City) to test and analyze for seafood safety bay water samples collected by the TDSHS and sent to the Corpus Christi-Nueces County Public Health District (County) for the period September 1, 2016 through August 31, 2018. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a contract in the amount of up to a limit of $56,000.00 ($35.00 per water sample) to provide for expenses of the Corpus Christi-Nueces County Public Health District to test and analyze for seafood safety bay water samples collected by TDSHS and sent to the Corpus Christi-Nueces County Public Health District (City). ALTERNATIVES: Disapprove the contract and discontinue providing water testing and analysis for seafood safety for the TDSHS. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval needed for Interlocal Agreement. EMERGENCY / NON -EMERGENCY: Non -Emergency. This item requires ratification of the Interlocal Agreement to begin September 1, 2016. DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $56,000.00 $56,000.00 BALANCE $56,000.00 $56,000.00 Fund(s): Grant Comments: The contract does not require a cash or in-kind match by the City. RECOMMENDATION: Staff recommends approval of this agenda item LIST OF SUPPORTING DOCUMENTS: Resolution Contract No. 2017-0149413-001 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with the Department of State Health Services (DSHS), in an amount not to exceed $56,000.00, to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2016, through August 31, 2018; and to ratify acceptance of the agreement to begin as of September 1, 2016. Now, therefore be it resolved by the City Council of the City of Corpus Christi, Texas, as follows: Section 1. That the City Manager or designee is authorized to execute an Interlocal Agreement with DSHS, in an amount to exceed $56,000.00, to provide laboratory services for the analysis of bay water samples for the contract period of September 1, 2016, through August 31, 2018. Section 2. Further, the City Council ratifies acceptance of the Interlocal Agreement to begin as of September 1, 2016. A copy of the executed agreement shall be filed in the office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn INTERLOCAL COOPERATION CONTRACT DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. 2017-049413-001 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and Corpus Christi- Nueces County Public Health District (City) ("Local Government"), each a "Party" and collectively the "Parties;" enter into the following contract for laboratory services for the analysis of bay water samples collected by the System Agency (the "Contract") pursuant to the provisions of the "Interlocal Cooperation Act," Chapter 791 of the Texas Government Code. L PARTIES System Agency Name: Department of State Health Services Address: P.O. Box 149347 City and Zip: Austin, Texas 78714-9347 Contact Person: Gary Heideman Telephone: 512-834-6757 x2503 Fax number: 512-834-6762 E -Mail Address: Gary.Heideman@dshs.state.tx.us Agency Number: 537 II. STATEMENT OF SERVICES TO BE PROVIDED Local Government Name: Corpus Christi-Nueces County Public Health District (City) Address: 1702 Horne Road City and Zip: Corpus Christi, Texas 78416 Contact Person: Angela Flores, BS, M (ASCP) CM Telephone: 361-826-7213 Fax number: E -Mail Address: Angelaf@cctexas.com Agency Number: The Parties agree to cooperate to provide necessary and authorized services and resources in accordance with the terms of this Contract. Specific services provided are described in Attachment A — Statement of Work. III. CONTRACT PERIOD AND RENEWAL The Contract is effective on September 1, 2016 and terminates on August 31, 2018, unless renewed or terminated pursuant to the terms and conditions of the Contract. The Parties may extend this Contract subject to mutually agreeable terms and conditions. IV. AMENDMENT The Parties to this Contract may modify this contract only through the execution ofa written amendment signed by both parties. V. CONTRACT AMOUNT AND PAYMENT FOR SERVICES The total amount of this Contract, including all Work Orders issued under it, shall not exceed FIFTY SIX THOUSAND DOLLARS ($56,000.00), as provided for in Attachment A — Statement of Work. v. 02.01.2016 System Agency Contract No. 2017-049413-001 Page 1 o13 VI. LEGAL NOTICES For Legal Notices under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: System Agency Department of State Health Services Attention: Lisa Hernandez 1100 W. 49th Street, MC 1911 Austin, TX 78756 Local Government Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Attention: Angela Flores, BS, M (ASCP) CM Angelaf@cctexas.com Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for receiving legal notice by notifying the other Party in writing. VII. CERTIFICATIONS The undersigned contracting parties certify that: (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies of state government; (2) Each Party executing this Contract on its behalf has full power and authority to enter into this Contract. the proposed arrangements serve the interest of efficient and economical administration of state government; and (4) the services contracted for are not required by Section 21, Article XVI of the Constitution of Texas to be supplied under a contract awarded to the lowest responsible bidder. The System Agency further certifies that it has statutory authority to contract for the services described in this contract under DSHS Contracting Authority, which is Texas Health and Safety Code Chapters 12 and 1001 and Texas Government Code Chapter 531, Subchapter D, to the extent applicable. (3) The Local Government further certifies that it has statutory authority to contract for the services described in this contract under Texas Government Code Chapter 791. v. 02.01.2016 SIGNATURE PAGE FOLLOWS System Agency Contract No. 2017-049413-001 Page 2 ata SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. 2017-049413-001 DEPARTMENT OF STATE HEALTH SERVICES LOCAL GOVERNMENT Signature Signature Kathryn C. Perkins, RN. MBA Margie C. Rose Printed Name Printed Name Associate Commissioner City Manager Division for Regulatory Services Title Title Date Date THE FOLLOWING ATTACHMENTS TO ENTERPRISE AGENCY CONTRACT NO. 2017- 049413-001 ARE HEREBY INCORPORATED BY REFERENCE: ATTACHMENT A - ATTACHMENT B - ATTACHMENT C - ATTACHMENT D - ATTACHMENT E - v.02.011016 STATEMENT OF WORK UNIFORM TERMS AND CONDITIONS SUPPLEMENTAL & SPECIAL CONDITIONS FEDERAL ASSURANCES FEDERAL LOBBYING CERTIFICATIONS Approved as to form: 1L &ke System Agency Contract No. 2017-049413-001 Page 3 of 3 ATTACHMENT A STATEMENT OF WORK I. LOCAL GOVERNMENT RESPONSIBILITIES Local Government will; A. Provide System Agency with laboratory services for the analysis of bay water samples collected by the Department of State Health Services (DSHS). Tests shall be performed in a laboratory certified to meet United States (U.S.) Food and Drug Administration requirements for shellfish waters testing. B. Provide testing capacity for a minimum of forty (40) laboratory analysis tests of bay water samples per day for DSHS field offices. The number of laboratory analysis tests of bay water samples required per year is approximately 800-1500. Peak laboratory needs are from October 15 through May 15. C. Analyze bay water samples for fecal coliform using the Association of Analytical Chemists (AOAC) modified A-1 method for Most Probable Number (MPN) using multiple -tube fermentation; D. Be available for providing analyses a minimum of six (6) days a week, 8:00 am to 5:00 pm; E. Make results available to DSHS by phone and e-mail within two (2) hours of completion of laboratory analyses and make available by mail (upon request) Legible, reproducible, laboratory result forms to DSHS at the following address: Department of State Health Services Attn: Seafood and Aquatic Life Group, MC 1987 P.O. Box 149347 Austin, Texas 78714-9347 F. Be accessible by land and air travel, and be in a location where delivery services are available which can guarantee overnight delivery; G. Be certified by the U.S. Food and Drug Administration or its certifying agency, the Texas Department of State Health Services, for analysis of shellfish waters; H. Meet laboratory proficiency standards as set forth in Laboratory Procedures for the Examination of Secnvater and Shellfish, fifth edition, 1985, which is hereby incorporated by reference, or the latest edition accepted by the U.S. Food and Drug Administration, for analysis of shellfish by laboratories that have been cleaned and autoclaved; and I. Return bay water sample bottles to the originating DSHS field office in containers supplied by DSHS, return freight collect, to DSHS. II. PERFORMANCE MEASURES The System Agency will monitor Local Government's performance of the requirements in Attachment A and compliance with the Contract's terms and conditions. System Agency Contract No. 2017-049413-001 v.02.01.2016 Page 1 ATTACHMENT A STATEMENT OF WORK III.INVOICE AND PAYMENT A. Local Government will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http:l/www.System Agencystate.tx.us/arants /forms/bl 3form.doc. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address.number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoicesi'7a.dshs.state.tx.us B. Local Government will be paid on a fee-for-service/unit rate basis. System Agency will pay Contractor thirty-five dollars ($35.00) for each completed and satisfactorily performed fecal coliform test. Total payments will not exceed fifty-six thousand dollars ($56,000.00) for the contract term. C. All invoices must reference PO# 0000427498 System Agency Contract No. 2017-049413-001 v.02.01.2016 Page HHSC Uniform Terns and Conditions Version 2 12 Published and Effective November 30 2015 Responslle Office Chief Counsel rilikTEXAS Health and Hi Services Commission and Human Services Commission Health and Human Services Commission HHSC Uniform Terms and Conditions - Local Governmental Body Version 2.12 TABLE OF CONTENTS ARTICLE 1 DEFINITIONS AND INTERPRETIVE PROVISIONS 3 1.01 Definitions 3 1.02 Interpretive Provisions 4 ARTICLE 11 CONSIDERATION r 5 2.01 Expenses 5 2.02 Funding 5 ARTICLE 111 WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS6 3.01 Federal Assurances 6 3.02 Federal Certifications 6 ARTICLE IV INTELLECTUAL PROPERTY 6 4.01 Intellectual Property 6 ARTICLE V RECORDS, AUDIT, AND DISCLOSURE 6 5.01 Access to records, books, and documents 6 5.02 Response/compliance with audit or inspection findings 7 5.03 SAO Audit 7 5.04 Recapture of Funds 7 5.05 Public Information and Confidentiality 8 5.06 Data Security 8 ARTICLE VI CONTRACT MANAGEMENT AND EARLY TERMINATION 8 6.01 Contract Management 8 6.02 Termination for Convenience 8 6.03 Termination for Cause 9 6.04 Equitable Settlement 9 ARTICLE VII MISCELLANEOUS PROVISIONS 9 7.01 Technical Guidance Letters 9 7.02 Survivability 9 7.03 No Waiver 9 7.04 Standard Terms and Conditions 9 vLIXI3 System Agency Contract No. 6-***-***-**** Page 2 of 11 ARTICLE I DEFINITIONS AND INTERPRETIVE PROVISIONS 1.01 Definitions As used in this Contract, unless the context clearly indicates otherwise or defined in the Signature Document, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the parties hereto, which documents changes to the Contract other than those permitted by Technical Guidance Letters, as herein defined. "Attachment." means documents, terins, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically, within the body of this Contract. "Contract" means the Signature Document, these Uniform Terms and Conditions, along with any Attachments, and any Amendments, purchase orders, or Technical Guidance Letters that may be issued by the System Agency, to be incorporated by reference herein for all purposes if issued. "Deliverables" means any item, report, data, document, photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Effective Date" means the date agreed to by the Parties as the date on which the Contract takes effect. "Federal Assurances" means Standard Form 424B (Rev. 7-97), as prescribed by OMB Circular A-102 (non -construction projects); or Standard Form 424D (Rev. 7-97), as prescribed by OMB Circular A-102 (construction projects). "Federal Certifications" means U.S. Department of Commerce Form CD -512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions." "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Health and Human Services Commission" or "HHSC" means the administrative agency established under Chapter 531, Texas Government Code or its designee. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, and other intangible proprietary information. "Local Government" means the Party to this Contract that meets the definition of this term under Tex. Gov't Code § 791.003(4). "Parties" means the System Agency and Local Government, collectively. "Party" means either the System Agency or Performing Agency, individually. "Project" means the goods and/or Services described in the Signature Document or an Attachment to this Contract. v 11 30 15 System Agency Contract No. 16-***-***-**** Page 3 of 11 "Public Information Act" or "MA" means Chapter 552 of the Texas Government Code. "Services" means the tasks, functions, and responsibilities assigned and delegated to Local Government under the Contract. "Signature Document" means the document executed by both Parties that specifically sets forth all of the documents that constitute the Contract. "System Agency" means HHSC or any of the agencies of the State of Texas that are overseen by HHSC under authority granted under State law and the officers, employees, and designees of those agencies. These agencies include: the Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Department of Family and Protective Services, and the Department of State Health Services. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas Textravet' means Texas Administrative Code, Title 34, Part 1, Chapter 5, Subchapter C, Section 5.22, relative to travel reimbursements under this Contract, if any. "Subcontractor" means an individual or business that performs part or all of the obligations of Local Government under this Contract. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the requirements of the Contract, issued by the System Agency to the Local Government. "Work" means all Services to be performed, goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed, including Deliverables. 1.02 Interpretive Provisions A. The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms. S. The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Contract, (i) references to contracts (including this Contract) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications thereto, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Contract, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to "sections," "appendices," or "attachments" are references to sections, appendices, or attachments of the Contract. E. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Contract are references to these documents as amended, modified, or supplemented from time to time during the term of the Contract. F. The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. v 113015 System Agency Contract No. 16-***-***-**** Page 4 of 11 G. All Attachments within this Contract, including those incorporated by reference, and any Amendments are considered part of the terms of this Contract. H. This Contract may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative and each shall be performed in accordance with its terms. 1. finless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver shall be deemed modified by the phrase "in its sole discretion." J. Time is of the essence in this Contract. ARTICLE II CONSIDERATION 2.01 Expenses Except as otherwise provided in the Contract, no ancillary expenses incurred by the Local Govemment in connection with its provision of the Services or Deliverables will be reimbursed by the System Agency. Ancillary expenses include, but are not limited to costs associated with transportation, delivery, and insurance for each Deliverable. When the reimbursement of travel expenses is authorized by the Contract, all such expenses shall be reimbursed in accordance with the rates set by the State of Texas Texrravel. 2.02 Funding A. This Contract shall not be construed as creating any debt on behalf of the State of Texas or the System Agency in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, it is understood that all obligations of the System Agency hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. B. Furthermore, any claim by Local Government for damages under this Contract may not exceed the amount of funds appropriated for payment, but not yet paid to Local Government, under the annual budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. C. This Contract is contingent upon the availability of sufficient and adequate funds. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or agencies, amendment of the Texas General Appropriations Act, agency consolidation, or any other disruptions of current funding for this Contract, the System Agency may restrict, reduce, or terminate funding under this Contract. This Contract is also subject to immediate cancellation or termination, without penalty to the System Agency, if sufficient and adequate funds are not available. Contractor will have no right of action against the System Agency if the System Agency cannot perform its obligations under this Contract as a result of lack System Agency Contract No. 16-***-***-**** Page 5 of 11 v 11_3015 of funding for any activities or functions contained within the scope of this Contract. In the event of cancellation or termination under this Section, the System Agency shall not be required to give notice and shall not be liable for any damages or losses caused or associated with such termination or cancellation. ARTICLE 1II WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 3.01 Federal Assurances Local Government further certifies that, to the extent Federal Assurances are incorporated into the Contract under the Signature Document, the Federal Assurances have been reviewed and that Local Government is in compliance with each of the requirements reflected therein. 3.02 Federal Certifications Local Government further certifies, to the extent Federal Certifications are incorporated into the Contract under the Signature Document, that the Federal Certifications have been reviewed, and that Local Government is in compliance with each of the requirements reflected therein. In addition, Local Government certifies that it Is In compliance with all applicable federal laws, rules, or regulations, as they may pertain to this Contract. ARTICLE IV INTELLECTUAL PROPERTY 4.01 Intellectual Property A. To the extent any Work results in the creation of Intellectual Property, all right, title, and interest in and to such Intellectual Property shall vest in the System Agency upon creation and shall be deemed to be a "work made for hire" and made in the course of the services rendered pursuant to this Contract. B. To the extent that title to any such Intellectual Property may not by law vest in the System Agency, or such Intellectual Property may not be considered a "work made for hire," all rights, title, and interest therein are hereby irrevocably assigned to the System Agency. The System Agency shall have the right to obtain and to hold in its name any and all patents, copyrights, trademarks, service marks, registrations, or such other protection as may be appropriate to the subject matter, including extensions and renewals thereof. C. Local Government must give the System Agency and the State of Texas, as well as any person designated by the System Agency or the State of Texas, all assistance required to perfect the rights defined herein without any charge or expense beyond the stated amount payable to Local Government for the services authorized under this Contract. ARTICLE V RECORDS, AUDIT, AND DISCLOSURE 5.01 Access to records, books, and documents In addition to any right of access arising by operation of law, Local Government and any of Local Government's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or Services are performed, and ail records, which includes but is not limited to financial, client and patient records, books, papers or documents related to this Contract. If the Contract includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United System Agency Contract No. l6-***-***-**** Page 6 of l l v 11 30 15 States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHSC, HHSC's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, and any successor agencies. Each of these entities may be a duly authorized authority. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Local Government shall produce original documents related to this Contract. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. Local Government shall include this provision concerning the right of access to, and examination of, sites and information related to this Contract in any Subcontract it awards. 5.02 Response/compliance with audit or inspection findings A. At Local Government's sole expense, Local Government must take action to ensure its or a Subcontractor's compliance with a correction of any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle relating to the Services and Deliverables or any other deficiency contained in any audit, review, or inspection conducted under the Contract. Whether Local Government's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the Services, Local Government must provide to HHSC upon request a copy of those portions of Local Government's and its Subcontractors' internal audit reports relating to the Services and Deliverables provided to the State under the Contract. 5.03 SAO Audit Local Government understands that acceptance of funds directly under the Contract or indirectly through a Subcontract under the Contract acts as acceptance of the authority of the State Auditor's Office (SAO), or any successor agency, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the SAO must provide the SAO with access to any information the SAO considers relevant to the investigation or audit. Local Government agrees to cooperate fully with the SAO or its successor in the conduct of the audit or investigation, including providing all records requested. Local Government will ensure that this clause concerning the authority to audit funds received indirectly by Subcontractors through Local Government and the requirement to cooperate is included in any Subcontract it awards. 5.04 Recapture of Funds The System Agency may withhold all or part of any payments to Local Government to offset overpayments made to the Local Government. Overpayments as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates; (ii) that are not allowed under applicable laws, rules, or regulations; or (iii) that are otherwise inconsistent with this Contract, including any unapproved expenditures. Local Government understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Contract. Local Government further understands and agrees that reimbursement of such disallowed costs shall be paid by Local Government from funds which were not provided or otherwise made available to Local Government under this Contract. v 1110 IS System Agency Contract No. 16-***-***-**** Page7ofll 5.05 Public Information and Confidentiality Information related to the performance of this Contract may be subject to the Public Information Act and will be withheld from public disclosure or released to the public only in accordance therewith. Local Government shall make any information required under the Public Information Act available to the System Agency in portable document file (".pdf") format or any other format agreed between the Parties. To the extent permitted by law, Local Government and the System Agency agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Local Government or the System Agency. The provisions of this section remain in full force and effect following termination or cessation of the services performed under this Contract. 5.06 Data Security Each Party and its Subcontractors will maintain reasonable and appropriate administrative, physical, and technical safeguards to ensure the integrity and confidentiality of information exchanged in the performance of services pursuant to this Contract and protect against any reasonably anticipated threats or hazards to the security or integrity of the information and unauthorized use or disclosure of the information in accordance with applicable federal and state laws, rules, and regulations. Upon notice, either Party will provide, or cause its subcontractors and agents to provide, the other Party or its designee prompt access to any information security records, books, documents, and papers that relate to services provided under this Contract. ARTICLE VI CONTRACT MANAGEMENT AND EARLY TERMINATION 6.01 Contract Management To ensure full performance of the Contract and compliance with applicable law, the System Agency may take actions including: A. suspending all or part of the Contract; B. requiring the Local Government to take specific corrective actions in order to remain in compliance with term of the Contract; C. recouping payments made to the Local Government found to be in error; D. suspending and/or limiting any services and placing conditions on any such suspensions and/or limitations of services; E. imposing any other remedies authorized under this Contract; and F. imposing any other remedies, sanctions or penalties permitted by federal or state statute, law, regulation, rule. 6.02 Termination for Convenience The System Agency may terminate the Contract at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in HHSC's notice of termination. System Agency Contract No. 16-***-***-**** Page8ofll v 11 30 15 6.03 Termination for Cause The System Agency will have the right to terminate the Contract in whole or in part if the System Agency determines, at its sole discretion, that Local Government has materially breached the Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction and such violation prevents or substantially impairs performance of Local Government's duties under the Contract. 6.04 Equitable Settlement Any early termination under this Article shall be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. ARTICLE VII MISCELLANEOUS PROVISIONS 7.01 Technical Guidance Letters In the sole discretion of the System Agency, and in conformance with federal and state law, the System Agency may issue instructions, clarifications, or interpretations as may be required during Work performance in the form of a Technical Guidance Letter. A TOL must be in writing. and ;nay be delivered by regular mail. elec:pnic mail. or facsimile transmission. Any TGL issued by the System Agency shall be incorporated into the Contract by reference herein for all purposes when it is issued. 7.02 Survivability All obligations and duties of the Local Government not fully performed as of the expiration or termination of this Contract will survive the expiration or termination of the Contract. 7.03 No Waiver Neither failure to enforce any provision of this Contract nor payment for services provided under it constitute waiver of any provision of the Contract. 7.04 Standard Terms and Conditions A. In the performance of this Contract, each Party shall comply with all applicable federal, state, and local laws, ordinances, and regulations. Each Party shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract. Each Party will be deemed to have knowledge of all applicable laws and regulations and be deemed to understand them. B. All records relevant to this Contract shall be retained for a minimum of seven (7) years. The period of retention begins at the date of final payment by the System Agency, or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit or to complete any administrative proceeding or litigation that may ensue. C. The System Agency shall own, and Local Government hereby assigns to the System Agency, all right, title, and interest in all tangible Work. D. Local Government shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas System Agency Contract No. 16-***-***-**** Page 9 of 11 v 11 30 15 State Auditor's Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state and federal rules, regulations, and statutes. E. This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the Taws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Local Government irrevocably waives any objection, including any objection to personal jurisdiction or the Iaying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any document related hereto. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE SYSTEM AGENCY. F. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract shall be construed as if such provision did not exist and the non - enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable. G. Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war, terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, the System Agency may terminate this Contract immediately upon written notification to Local Government. H. This Contract, its integrated Attachment(s), and any purchase order issued in conjunction with this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in such Attachment(s) and/or purchase order shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or purchase order specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the terms of this Contract. v 11 30 15 System Agency Contract No. 16-***-***-**** Page 10 of 1 l 1. Neither party shall assign or subcontract the whole nor any part of the contract, including any right or duty required under it, without the other party's prior written consent. Any assignment made contrary to this shall be void. 1. This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. if the Contract is not executed by the System Agency within thirty (30) days of execution by the other Party, this Contract shall be null and void. K. Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self -Insurance by Governmental Units," Each Party is self-insured and, therefore, is not required to purchase insurance. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK System Agency Contract No. 16-***-***-**** Page 11 of I ATTACHMENT C SUPPLEMENTAL & SPECIAL CONDITIONS SUPPLEMENTAL CONDITIONS THERE ARE NO SUPPLEMENTAL CONDITIONS FOR THIS CONTRACT THAT MODIFY THE HHS UNIFORM TERMS AND CONDITIONS SPECIAL CONDITIONS Section 1.01 Notice of Legal Matter or Litigation. Performing Agency shall notify the contract manager assigned to this Contract of any litigation or legal matter related to or affecting this Contract within seven calendar days of becoming aware of the litigation or legal matter. Section 1.02 Notice of a Contract Action. Performing Agency shall notify their assigned contract manager assigned to the contract if Performing Agency has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.03 Notice of Bankruptcy. Performing Agency shall notify in writing their assigned contract manager assigned of its plan to seek bankruptcy protection within five days of such action by Performing Agency. Section 1.04 Notice of Criminal Activity and Disciplinary Actions. a. Performing Agency shall immediately report in writing their contract manager when the Performing Agency has knowledge or reason to believe any that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, subcontractor or volunteer that is providing services under this Contract has engaged in any activity that: 1. Would constitute a criminal offense equal to or greater than a Class A misdemeanor; and 2. Reasonably would constitute grounds for disciplinary action by a state or federal regulatory authority; or 3. Has been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Performing Agency shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by DSHS. Section 1.05 Performing Agency's Notification of Change or Contact Person or Key Personnel. Within ten days shall notify in writing the contract manager assigned to the Contract of any change enumerated in the Performing Agency's Contact Person or Key Personnel. Section 1.06 Disaster Services. In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Performing Agency may be called upon to assist DSHS in providing the following services: v. 03.10.2016 Page 1 ATTACHMENT C SUPPLEMENTAL & SPECIAL CONDITIONS a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; 1. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 1.07 Notice of a License Action. Performing Agency shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 1.08 Interim Extension Amendment. a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. DSHS/HHSC shall provide written notice of interim extension amendment to the Performing Agency under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor, or 2. To ensure that services are provided to clients without interruption. c. DSHS will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Performing Agency will provide and invoice for services in the same manner that is stated in the Contract. c. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days eller governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (bX2) above shall be a one-time extension for a period of time determined by HHS/DSHS. Section 1.09 Electronic and Information Resources Accessibility and Security Standards. a. Applicability. The following Electronic and Information Resources (EIR) requirements apply to the Contract because the Performing Agency performs services that include EIR that DSHS employees are required or v. 03.10.2016 Page 2 ATTACHMENT C SUPPLEMENTAL & SPECIAL CONDITIONS permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC's clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions. For purposes of this Section: "Accessibility Standards" means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in I TAC Chapter 206 and/or Chapter 213. "Electronic and Information Resources" means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. "Electronic and Information Resources Accessibility Standards" means the accessibility standards for electronic and information resources contained in I Texas Administrative Code Chapter 213. "Product" means information resources technology that is, oris related to EIR. "Web Site Accessibility Standards/ Specifications" means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. Under Tex. Gov't Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, DSHS must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Performing Agency must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring. 1. DSHS may review, test, evaluate and monitor Performing Agency's Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State's right to contest the Performing Agency's assertion of compliance with the Accessibility Standards. 2. Performing Agency agrees to cooperate fully and provide DSHS and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. v. 03.10.2016 Page 3 ATTACHMENT C SUPPLEMENTAL & SPECIAL CONDITIONS d. Representations and Warranties. I . Performing Agency represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a DSHS client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless DSHS or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Performing Agency becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Performing Agency represents and warrants that it will, in a timely manner and at no cost to DSHS, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Performing Agency acknowledges and agrees that these representations and warranties are essential inducements on which DSHS relies in awarding this Contract. 4. Performing Agency's representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. v. 03. l 0.2016 Page 4 OMB Number 4040-0007 Expiration Dale'. 0113112019 ASSURANCES - NON -CONSTRUCTION PROGRAMS Pubtio reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Protect (0348-0040), Washington DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances If such is the case, you will be notified. As the duly authorized representative of the applicant. I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain, 4. Will Initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Wrll comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Ment System of Personnel Administration (5 C.F.R. 900, Subpart F) 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to (a) Title VI of the Civil Rights Act of 1984 (P L 88-352) which prohibits discrimination on the basis of racecolor or national origin, (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.§§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Priviau. Edition Uwble Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps, (d) the Age Discrimination Act of 1975, as amended (42 U S.0 §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (1) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act 011970 (P.L. 91-616), as amended, relating to nondiscrimination an the basis of alcohol abuse or alcoholism, (g) §§523 and 527 of the Public Health Service Act 011912 (42 U.S.C. §§290 dd-3 and 290 ea- 3), as amended, nslating to confidentiality of alcohol and drug abuse patient records, (h) Title VIII of the Civil Rights Act of 1968 (42 U S C §§3601 et seq ), as amended, relating to nondiscnminabon in the sale. rental or financing of housing (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made and, (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7 Witt comply, or has already complied, with the requirements of Titles 11 and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P L 91-648) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally -assisted programs These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases 8 Wits comply, as applicablewith provisions of the Hatch Act (5 U.S C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds Standard Form 4246 tRay.7.97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 g Wli comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 UJ.S.C. §§327- 333), regarding Tabor standards for federally -assisted construction subagreements. 10 WII comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11 Wili comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1989 (P.L 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplalns in accordance with EO 11986; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (Q conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act 011974, as amended (P.L 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P L 93- 205) 12. WII comply with the Wid end Scenic Rivers Act of 1968 (16 U.S.0 §§1271 et seq ) related to protecting components or potential components of the national wild and scenic rivers system SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL 13. WII assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance 15. Wil comply with the Laboratory Animal Welfare Act of 1966 (P.L 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, leaching, or other activities supported by this award of assistance 16. WII comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 el seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. WII cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. 19 WII comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohbits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the sward is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 4248 Mw. 74T) Back CERTIFICATION REGARDING LOBBYING Cerlifcation for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that (1) 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 employee of an 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 (2) If any funds other than Federal appropriated funds have been paid or wit be paid to any person for infuendng or attempting 10 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 Standard Form -LLL, "Disclosure of Lobbying Activities," In accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (induding subcontracts, subgrants, and contracts under grants. loans, and cooperative agreements) and that all subredplents 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 faits to file the required certification shall be subject to a dvi penalty of not less than 510,000 and not more than 5100,000 for each war failure. Statement for Loan Guarantees and Loan Insurance The undersigned stales, to the best of his or her knoMAedge and belief, that: If any funds have been paid or will be paid to any person for Inituendng or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress h connection with this commitment providing for the United Stales to insure or guarantee a loan, the undersigned shall complete and submit Standard Form•LLL. "Disdosure of Lobbying Adivities," in accordance with its instructions. Submission of this statement Is a prerequisite for making or entering into this transaction imposed by section 1352. title 31, U.S Code. My person who fails to file the required statement shall be subject to a dvil penalty of not less than 510,000 and not more than 5100,000 for each such failure. • APPLICANTS ORGANIZATION e.J • PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATNE Prefix: • First Nance: Mlddte Name 'Last Name: Suffix: ' Title: • SIGNATURE: AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: December 13, 2016 TO: Margie C. Rose, City Manager FROM: Stacie Talbert Anaya, Interim Director of Parks and Recreation StacieT(c�cctexas.com (361) 826-3476 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Service Agreements for Ground Maintenance CAPTION: Resolution finding the lowest responsive, responsible bidder for ground maintenance services by group in response to Bid Nos. 138, 139, 140, 141, 142, 143, 144, 145, and 146; awarding a one-year service agreement, with two one-year renewals, to the lowest responsible bidder per bid number; and authorizing the City Manager or designee to execute the service agreements. Cut Masters Lawn Service Corpus Christi, Texas Group 1, 11, 12, 13, 14, 16 $167,349.66 Grand Total $233,521.70 PURPOSE: Dorame General Repair Corpus Christi, Texas Group 9, 10, 15 $66,172.04 These service agreements will provide ground maintenance for various City of Corpus Christi locations. BACKGROUND AND FINDINGS: Award recommendation is based on responsive and responsible bids. The ground maintenance services is anticipated to begin January 2017. The initial contracts term total is $233,521.70, of which $175,141.28 will be funded in FY2016-2017. These contract locations include some high profile areas, some back yard parks, and all waste water plants. Bidders for high-profile areas must have experience working in Parks & Recreation Department's high-profile/landscape intensive areas. Currently, these locations are being serviced by contractors whose contract extensions have expired or are about to expire. The cost for the Parks & Recreation Department to execute the same or similar work with in-house crews would be $212,144.10 for park property. Waste water plants were maintained by contractors at a rate of $95.00/acre with a total amount of $109,622.40. In this case, it is beneficial for the City to contract out these mowing parcels. ALTERNATIVES: If not approved, the mowing would then go to internal departments which would lengthen the mowing frequency throughout the City. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $1,888,606.20 $525,423.82 $2,414,030.02 Encumbered / Expended Amount $454,100.54 $0 $454,100.54 This item $175,141.28 $525,423.82 $700,565.10 BALANCE $1,259,364.38 $0 $1,259,364.38 Fund(s): General Fund, Storm Water Fund and Wastewater Fund Comments: The initial contract term total is $233,521.70, of which $175,141.28 will be funded in FY2016-2017. The total contract expenditure will be up to $700,565.10 if all option years are executed. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Locations - Ground Maintenance Bid Tabulation Resolution Service Agreements RFB 138-146 Ground Maintenance Areas and Locations ID Area/Location Acre ID Area/Location Acre Group 1 ROW/Storm Water Group 11 City Parks 2 Country Club Median -Country Club @ 4500 1-37, South side 0.11 1 Penn Place -4302 Aaron 1.67 3 Elmore Circle -3744 Elmore @ Brooks 0.03 2 Creekway-7306 Prairie 0.87 4 Macleod Circle -Macleod @ 400 Bartlett 0.12 3 Reflections Linear Park -4924 Oso Parkway 0.81 5 Old Robstown Median -400 Old Robstown from Bartlett to Kenwood 0.16 4 Lipes-5004 Lethaby 6 6 Yerby Circle -400 Yerby St. 0.01 0.01 5 St. Denis -6200 St. Denis 5.42 7 Morgan/Baldwin Triangle -Morgan @ Baldwin @ Osage 0.19 6 Stony Brook -7653 Stony Brook 1.96 8 RTA Greenwood Triangle -West intersection of Greenwood and Port St. 0.03 Group 12 9 Highland Triangle -Corner of Highland & Buford on SE side of street. 0.04 1 Las Brisas Park -3945 Freds Folly 0.4 10 Cortez Triangle -Corners of Cortez, Tampico, and Galvan St. 0.05 2 Sgt. J. D. Bock -7327 Canadian 3.93 11 Airport Triangle -SE corner of Post, Eastern & Old Brownsville Rd. 0.04 3 Graceland-7201 Elvis Dr. 0.68 13 Agnes & Laredo-East/West side between Agnes/Laredo to R/R tracts and middle of expressway 0.66 4 Greystone -7301 Sydney St. 0.92 14 Del Mar Triangles -Corner of Airport, Old Brownsville & Morgan St. 0.94 5 Yorktown Medians -Staples St. to Cimmaron St. 2 15 19th and Morgan -Islands on 19th St. 0.03 6 Caribbean -601 Mediterranean 1 16 Baldwin R.O.W.-2000 Blk Baldwin SW side Riggins to pass Cloyde to Winstead Build 0.12 7 Dimitt-202 Jester St. 1.5 17 Leopard St. Medians -Rand Morgan Rd. to Rehfield Rd. 9.28 8 Parks Nursery -5555 S. Alameda St. 1.9 18 Western Dr. Medians -Leopard and Western Dr. 0.08 Group 13 City Parks 19 McKinzie-Rockwood-Horseshoe-Warrior-Rockwood 1.42 1 Malibu -4224 Tripoli 7.21 20 Peach Tree Median -Leopard and Peach Tree 0.03 2 Kingston -3909 Kingston 5.33 21 IH 37 -Hampshire St. to McBride -Access Rd. 0.81 3 Almanza-3405 Surrey 6.7 22 IH 37 -Navigation to Port St. - Access Rd. both sides 6.21 4 Parkview -6000 Parkview 5.5 23 Old Brownsville Rd. -Airport to Navigation w/side, Navigation to NPID 2 sides. 5.11 Group 14 City Park 24 Airport Rd. -Santa Elena to Baldwin, Baldwin w/side, Beacon e/side. 0.37 1 Los Encinos-5800 Greenwood 10 25 Leopard Row -Warpath - Rolling Acres North Side 0.63 2 Father Fernandez -1820 Frio St. 2 Group 9 3 Village on the Green -5500 Green Tree 3 1 Alta Plaza Triangles -Alta Plaza and Ocean Drive 0.19 4 Pebble -5922 Hillcrest 5.13 2 Hialco-1114 Sam Ranking Drive 2.25 5 Sacky-2719 Sacky 6.59 3 Ocean Dr. Lot -3642 Ocean Drive 1 Group 15 City Parks 4 Sign shop -5425 Leopard St 0.89 1 Crestmont-3521 Cresthill 2.3 5 Academy Sports ROW -4910 Williams Drive 0.05 2 Ridgewood -5730 Malden 3.31 6 Acushnet-6746 Aaron 6.54 3 Gardendale-5522 Holly Rd. 3.63 7 Congress -4017 Capital 1.96 4 Sands -1802 Silver Sand Dr. 5.5 8 O'Day ROW -.25 Miles NW of Weber on O'Day 0.05 5 South Fork -2838 Oso Parkway 0.75 9 Forest Park -4306 Calallen 1.8 Group 16 Waste Water Plants 10 Heizer Tri -10622 Veda Dr. 0.3 1 Allison WW Treatment Plant -4001 Allison Dr. 21.14 11 Northwest Bowl -14602 Spaulding 1.6 2 Broadway WW Treatment Plant -1402 Broadway St. 5.55 Group 10 City Parks 3 Greenwood WW Treatment Plant -6541 Greenwood St. 13.94 1 Bear Creek -6733 Bison 9 4 Laguna Madre WW Treatment Plant -201 Jester St. 4.29 2 Captain Falcon -4712 Oso Parkway 1.73 5 Oso WW Treatment Plant -501 Nile Dr. 15.5 3 Cimarron -8109 Rock Crest Drive 3 6 White Cap WW Treatment Plant -13409 Whitecap Dr. 6.94 4 Crossgate-5307 Cross Valley 4.83 CIN OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL GUTIERREZ ITEM DESCRIPTION ACRES CYCLES Dorame General Repair 3 Lawn Corpus Christi, TX UNIT EXTENDED PRICE PRICE BID TABULATION BID EVENT NO. 138,139,140,141,142,143,144,145,146 GROUND MAINTENANCE Cut Masters Lawn Service Corpus CM., TX UNIT EXTENDED PRICE PRICE "'Maldonado Nursery and taMxaping, Inc. Corpus Christi, TX UNIT EXTENDED PRICE PRICE La Med Facility Maintenance, Inc. San Antonio, TX UNIT EXTENDED PRICE PRICE —South Texas tawnscapers, LLC Alice, TX UNIT EXTENDED PRICE PRICE Eon Energy Services Sinton, TX UNIT EXTENDED PRICE PRICE main Coon Maintenance Corpus Cho., TX UNIT EXTENDED PRICE PRICE Chariton Holding LLC dba Lawn in Order Corpus Christi, TX UNIT EXTENDED PRICE PRICE Aspen Lawn Care Carpus Christi, TX UNIT EXTENDED PRICE PRICE Tuff CM Lawn and m, and J Lawn and Lot Landscaping Corpus Christi, TX Corpus Chri5i, TX UNIT EXTENDS UNIT EXTENDED PRICE PRICE PRICE PRICE Coastal Sweeping Services lnc. Corpus Christi, TX UNIT EXTENDED PRICE PRICE 2 Group 1 Ground Maintenance Growing Season 26.4] 20 $18500 $3,70000 12,11760 $42,35200 $3593.00 $7198000 $3,186.46 66372920 $550.00 $13,00000 $11,11740 122234800 $000 $0.00 $0.00 $0.00 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $000 Group Ground Maintenance Non- Growing Season 26.47 3 118500 $555.00 12,11760 46,35280 $3,59900 110,79700 $3,186.46 1955938 $0.00 $000 $11,11740 $33,35220 $0.00 $0.00 $000 $000 $000 $000 $0.00 $0.00 $000 $0.00 $0.00 $0.00 4 Group Ground Maintenance Growing Season 1663 16 $1,66300 $29,93400 $2,00000 $36,00000 $1,33000 $23,94000 $2,00191 $36,03438 %0000 $10,80000 %98460 $125,72280 $1,08095 $19,45710 $3,04329 $54,71922 $0.00 $0.00 $000 $000 $0.00 $0.00 $000 $0.00 Group 9 Ground Maintenance Non- Growing Season 1663 4 $166300 $665200 $2,00000 $8,00900 $1330.00 $532000 $2,00191 18,00764 $0.00 $0.00 4698460 $27,93840 $1880.95 $4323 BO $3,043.29 $12,173.16 $0.00 $000 $0.00 $0.00 $000 $0.00 $0.00 $000 5 6 Group 10 Ground Maintenance Growing Season 1856 18 $83520 $15,03360 $900.16 $16,20288 $1,08500 $19,53000 $1,57260 $28,39680 $600.00 $10,80000 $7,79520 $140,31360 $000 $0.00 $2,13440 $38,41920 $1,29920 $23,38560 $150.00 $2,70000 $5500 $990.00 $000 $0.00 Group 10 Ground Maintenance Non- Growing Season 1856 4 $83520 $3,34080 $900.16 $3,60064 $188500 $4,34000 $157760 1631040 $0.00 $0.00 $179520 631,18080 $0.00 $0.00 $2,134.40 $853760 $129920 $5,196.80 $150.00 $600.00 $000 $0.00 $000 $0.00 7 8 Group 11 Ground Maintenance Growing Season 1673 18 $75285 $13,55130 $66836 $12,03048 $97800 $17,60400 $1,50570 $27,10260 $600.00 $10,80000 $7,026.60 $126,47880 $0.00 $0.00 $1,923.95 $34,63110 $1,17110 $21,07980 $150.00 $2,70000 $5500 $990.00 $5994 $1,07892 Group 11 Ground Maintenance Non- Growing Season 1673 4 $752 B5 $3,01140 $668.36 $267344 $97800 $391200 $1505.70 $6,022.80 $000 $0.00 1102660 $28,10640 $0.00 $000 $192395 $7,695.80 $1,171.10 10,68440 $150.00 $600.00 $000 1000 05994 $23976 9 10 Group 12 Ground Maintenance Growing Season 1233 18 $5,00000 $90,00000 $1,109.70 $19,97460 $1,344.00 $24,19200 $1,48426 $26,71704 $600.00 $10,80000 $5,17860 $93,21480 $000 $0.00 $2,25639 $40,61502 $000 $000 $000 $0.00 $000 $0.00 $000 $000 Group 12 Ground Maintemnce Non- Growing Season 1233 4 $5,00000 820,00000 $1,10970 $4,43880 $1344.00 $537600 $148428 $5937.12 $0.00 $0.00 $5,17860 $20,71440 $000 $0.00 $225639 $9,02556 $0.00 $000 $0.00 $0.00 $0.00 $0.00 $0.00 $000 11 12 Group 13 Ground Maintenance Growing Season 2474 18 $1,03760 $18,87680 $95249 $17,14482 $1,44700 $26,04600 $2,10290 $37,85220 $600.00 $10,80000 $10,39080 $187,034.40 $000 $0.00 $2,47400 $44,53200 $1608.10 $28,94580 $150.00 $2,70000 $5000 $900.00 $3303 $59454 Group 13 Ground Maintenance Non- Growing Season 2474 4 $1,03760 $4,150.40 $95249 $3,80996 $1,44700 $5,78800 $2,10290 $8,41180 $000 $000 $10,39080 $41,56320 $0.00 $0.00 $2,47400 $9,89600 $1608.10 $6,43240 $150.00 $600.00 $000 $0.00 $3303 $13212 13 14 Group 14 Ground Maintenance Growing Season 26.72 18 $1,06880 $19,23840 $68042 815,84756 $1,56300 $28,13400 $2,13760 $38,47680 865000 $11,70000 $1122240 $202,00320 $1,73680 $31,26240 $2,67200 $48,09600 $0.00 $0.00 $150.00 $2,70000 $000 $000 $3336 $600.48 Group 14 Ground M aintenance Non- Growing Season 26.72 4 $534.40 $2,13760 $88042 $352168 $156300 4625200 $2,13760 $6550.40 $0.00 $0.00 $1122240 $44,88960 $1736.80 1694720 $267200 $10,68800 $0.00 $000 $150.00 4600.00 $000 $0.00 $3335 $13344 15 16 Group 15 Ground Maintenance Growing Season 1549 18 $50962 $9,173.16 $77450 $13,94100 $906.00 $16,30800 $123920 $22,30560 $650.00 $1170000 $650580 $117,10.40 $0.00 $000 $170390 $30,67020 $180685 $18,12330 $150.00 $2,70000 $000 1000 $5275 $94950 Group 15 Ground Maintenance Non- Growing Season 1549 4 $509.62 $2,03848 $77450 $3,09800 $906.00 $362400 $123920 $4956.80 $0.00 $0.00 66505.80 $26,02320 $0.00 $0.00 $170390 $581560 $1806.85 $4,02740 $150.00 $600.00 $000 $0.00 $5275 $21100 17 Group 16 Ground Maintenance Growing Season 6736 12 $673600 $80,83200 $3,26696 $3620352 $3,93983 18127796 $4,87840 $58,54080 $800.00 $9,60000 $20,20800 $242,49600 $0.00 $0.00 $9,09360 $109,12320 $000 $000 $000 $0.00 $000 $0.00 $0.00 $0.00 TOTAL * *66,172.04 TOTALAWARD: $233,521.70 * $167,346.66 NOTE: Recommended Contractor for the group. Contractor declined the contract *Total is based off the unit price of each cycle. Contractors made mathmatical errors on their Bid Forms, Cut Masters lawn Service being off by $0.15 and Dorame General Reapirs and lawn being off by $0.02. " Bidder was deemed Non -Responsible ."Bidder was deemed Non -Responsive Resolution finding the lowest responsive, responsible bidder for ground maintenance services by group in response to Bid Nos. 138, 139, 140, 141, 142, 143, 144, 145, and 146; awarding a one-year service agreement, with two one-year renewals, to the lowest responsible bidder per bid number; and authorizing the City Manager or designee to execute the service agreements. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and Article X, Sec. 2, of the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for ground maintenance services in response to individual Bid Nos. 138 through 146, of which only the lowest responsive, responsible bidder per bid number may be awarded a ground maintenance services contract ("contract"); WHEREAS, State law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bid Nos. 138 through 146 that a contract would be awarded to the lowest responsive, responsible bidder per bid number; WHEREAS, the City Council finds that South Texas Lawnscapers, LLC, of Alice, Texas, and J and J Lawn and Lot of Corpus Christi, Texas, are deemed non-responsive due to not submitting the required bid documents; WHEREAS, the City Council finds that Dorame General Repair and Lawn of Corpus Christi, Texas, declined a possible contract award for item numbers 1 and 2 (Group 1); Tuff Cut Lawn and Landscaping of Corpus Christi, Texas, declined a possible contract award for item numbers 5, 6, 7, 8, 11, 12, 13, 14, 15 and 16 (Groups 10, 11, 13, 14 and 15); and Coastal Sweeping Services, Inc., of Corpus Christi, Texas, declined a possible contract award for item numbers 7, 8, 11, 12, 13, 14, 15 and 16 (Groups 11, 13, 14 and 15), resulting in the withdrawal of all the foregoing separate bids due to pricing errors in the submitted bid amounts; WHEREAS, the City Council finds that Gulf Coast Maintenance of Corpus Christi, Texas, who bid for item numbers 3 and 4 (Group 9) is not a responsible bidder, which is supported by an evaluation provided by the Parks & Recreation Department due to the contractor's performance under Service Agreement No. 758 for mowing services that did not meet standards set under the agreement, failed inspections, and incomplete mowing cycles and, therefore, it is in the best interest of the City to reject the bids submitted by Gulf Coast Maintenance; WHEREAS, the City Council finds that Maldonado Nursery and Landscaping, Inc., of Corpus Christi, Texas, who bid for item numbers 3 and 4 (Group 9) is not a responsible bidder, which is supported by an evaluation provided by the Parks & Recreation Department due to the contractor's performance under Service Agreement Nos. SA14- 058 and SA14-059 for mowing services that did not meet standards set under the agreement and for terminating both service agreements and, therefore, it is in the best interest of the City to reject the bids submitted by Maldonado Nursery and Landscaping; WHEREAS, the City Council finds that the lowest responsible bidder awarded a contract for item numbers 1, 2, 7, 8, 9, 10, 11, 12, 13, 14, and 17 (Groups 1, 11, 12, 13, 14 and 16) is Cut Masters Lawn Service of Corpus Christi, Texas, in the amount of $167,349.66; WHEREAS, the City Council finds that the lowest responsible bidder awarded a contract for item numbers 3, 4, 5, 6, 15 and 16 (Groups 9, 10 and 15) is Dorame General Repair and Lawn of Corpus Christi, Texas, in the amount of $66,172.04; and WHEREAS, in the event the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or her designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement ground maintenance services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Council finds the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Cut Masters Lawn Service is the lowest responsible bidder for item numbers 1, 2, 7, 8, 9, 10, 11, 12, 13, 14 and 17 (Groups 1, 11, 12, 13, 14 and 16) in Bid Nos. 138, 140, 141, 143, 144 and 145 and is awarded a contract in the amount of $167,349.66, as shown in the attached bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Council finds that Dorame General Repair and Lawn is the lowest responsible bidder for item numbers 3, 4, 5, 6, 15 and 16 (Groups 9, 10 and 15) in Bid Nos. 139, 142 and 146 and is awarded a contract in the amount of $66,172.04, as shown in the attached bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 4. The City Manager, or her designee, is authorized to execute contracts with the lowest responsive, responsible bidders in accordance with the terms and conditions Page 2 of 3 stated in Bid Nos. 138 through 146. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the awarded item or fails to perform under a contract for any awarded item, the City Manager, or her designee, is authorized to execute a contract for the remainder of the contract term with the next lowest responsive, responsible bidder, in succession, in order to secure replacement ground maintenance services for the City. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn Page 3 of 3 SERVICE AGREEMENT NO. 797 Grounds Maintenance THIS Grounds Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Cut Masters Lawn Service ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Grounds Maintenance in response to Request for Bid/Proposal No. 138, 140, 141, 143, 144, and 145 ("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 Grounds Maintenance ("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 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 $167,349.66, 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: Tessy Gonzalez Department: Parks and Recreations Phone: 361-826-3493 Email: TessyG@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 Service Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 8 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: Tessy Gonzalez Contract Administrator Address: 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-3864 IF TO CONTRACTOR: Cut Masters Lawn Service Attn: David Alvarez Title: Owner Address: P.O. Box 270100 Corpus Christi, Texas 78427 Fax: 361-730-9191 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: buttait lort.itiftz) Title: ObiWei' Date: 11'0446 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. 138, 140, 141, 143, 144, 145 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 GROUP 1 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description ROW/Storm Water Group 1 • Growing Season (March - November) Bi -weekly - 20 cycles • Non -Growing Season (December- February) Monthly - 3 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.4 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.5 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.6 Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.7 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.8 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 1 ROW/Storm Water Area/Location Acre 2 Country Club Median Country Club @ 4500 1-37, South side 0.11 3 Elmore Circle 3744 Elmore @ Brooks 0.03 4 Macleod Circle Macleod @ 400 Bartlett 0.12 5 Old Robstown Median 400 Old Robstown from Bartlett to Kenwood 0.16 6 Yerby Circle 400 Yerby St. 0.01 7 Morgan/Baldwin Triangle Morgan @ Baldwin @ Osage 0.19 8 RTA Greenwood Triangle West intersection of Greenwood and Port St. 0.03 9 Highland Triangle Corner of Highland & Buford on SE side of street. 0.04 10 Cortez Triangle Corners of Cortez, Tampico, and Galvan St. 0.05 11 Airport Triangle SE corner of Post, Eastern & Old Brownsville Rd. 0.04 13 Agnes & Laredo East/West side between Agnes/Laredo to R/R tracts and middle of expressway 0.66 14 Del Mar Triangles Corner of Airport, Old Brownsville & Morgan St. 0.94 15 19th and Morgan Islands on 19th St. 0.03 16 Baldwin R.O.W. 2000 Blk Baldwin SW side Riggins to pass Cloyde to Winstead Build 0.12 17 Leopard St. Medians Rand Morgan Rd. to Rehfield Rd. 9.28 18 Western Dr. Medians Leopard and Western Dr. 0.08 19 McKinzie-Rockwood Horseshoe-Warrior-Rockwood 1.42 20 Peach Tree Median Leopard and Peach Tree 0.03 21 IH37 Hampshire St. to McBride - Access Rd. 0.81 22 1H 37 Navigation to Port St. - Access Rd. both sides 6.21 23 Old Brownsville Rd. Airport to Navigation w/side, Navigation to NPID 2 sides. 5.11 24 Airport Rd. Santa Elena to Baldwin, Baldwin w/side, Beacon e/side. 0.37 25 Leopard Row Warpath - Rolling Acres North Side 0.63 Total Acres 26.47 Country Club Median # 2 - .11 AC ason. "ri IH UP RIVER TO IH 37 City of Corpus Christi 123 ft The City uf Coque uses the most .rrenl and complete data However, GIS dale end product accuracy may vary. GIS Oa., and proclul-s may be developed from sources skill -Wring accuracy. accurate only at certain scales. based on modeilng or Interpretellon, whilst Itein, Ejti21K1 FHVi,HFI. tilc The Cily Conss,sisli tesorres Ide tirdld conecl, dptGlo. ot redid., GIS Guilt cis wilhoul nolilicalion The Oily of Curpus Oddsli corms, assure lito mistress oomplolenass, relistdds suilatAily infsanalion 'or any parlicolor purpose. Usk u :Iola fur putpu,ss ollsst Ihnn !dose fur ed., Hwy more Goal, oGy yield Star:aural, ttr n Gloat I, TIG red,' tell may absorl any pussielary HOG M infonsoliun nor represerl lo anyooe as olher Cily Gosernmenl-produced TdeCily of Corpus Christi shall nut les liable NA any aclisily involving this iliormaliun with respecl ro urn., luta a:1,1%s. any older umseguential damages Powered by VANTAGEPOINT Elmore Circle # 3 - .03 AC City of Corpus Christi 88 ft The City of Cogus Christi sses the most .rreni and complete data avellahle. However, GIS data and product accuracy may vary. GIS cla..a and prod., may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modeilng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay Conan,aisli reserve., Ihe lo anneal, snGlo. ot re,inno. GIS Guilt cis wilhoul notification The Oily of Curpua Chdali coma, assure lito acintracy, ountploienosa, euilatAily iolsonalion 'or any parlicolor purpose. Usk u :Iola for punsGes olitor Marl Ursa fur litoy more Goal, rady yield inaccurate. ttr n Glom I, ,,,1111, Tito red,' ton may assorl any anssielary HOG M infonaeliun nor represeni lo aoyooe oliter Cily Gouernmeni-produced neCily of Corpus Cll. shall null. liable NA any eclivily involving III,Irormaliun with respecl ro los( urn., lual a:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINT Macleod Circle # 4 - .12 AC City of Corpus Christi 91 ft The City of Cogus Christi sses the most ottani and complete data avellahle. However, GIS data and product accuracy may vary. GIS cla..a and prod., may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modeilng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay Conan,aisli reserve., Ihe lo anneal, snGlo. ot re,inno. GIS Guilt cis wilhoul notification The Oily of Curpua Chdali coma, assure lito acintracy, ountploienosa, euilatAily iolsonalion 'or any parlicolor purpose. Usk u :Iola for punsGes olitor Marl Ursa fur litoy more Goal, rady yield inaccurate. ttr n Glom I, ,,,1111, Tito red,' ton may assorl any anssielary HOG M infonaeliun nor represeni lo aoyooe oliter Cily Gouernmeni-produced neCily of Corpus Cll. shall null. liable NA any eclivily involving III,Irormaliun with respecl ro los( urn., lual a:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINT Old Robstown Median # 5 - .16 AC E. AAI City of Corpus Christi 260 ft The Cly of Coryus Christi uses the most.tram and complete data available. However, GIS data and product accuracy may vary. GIS data and amduSs may be developed from sources ofdiffering accuracy. accurate only at certain scales, based on modeling or lnlerprefallon, Inwmplele while IGin, Ejti21K1 FHVi,HFI.euTC'yof Conan,aisli reset Ihe tiulti In,oe e. ot re,inno. GIS Guilt ,. wilhoul notification TheOiy of Curpua Chdali cannulassure the a¢r n uabTyielsonalion 'or ynularpurpose. Usk ae tea u Men Ursa u mere cleated wi,ue r ea u . T e a�esse y y g r s urea anorf er Ito y as oiler Sten C yGouernmer V aced' o a i TeCily of Corpus Cll. shall nul he liable NA any eclivily involving III,Irormaliun with respecl W urn lust aduinas. any oilieru 4damages Powered by VANTAGEPOINTS Yerby Circle # 6 - .01 AC iIl City of Corpus Christi 127 ft The City of Cogus Christi sses the most .rreni and complete data avellahle. However, GIS data and product accuracy may vary. GIS data and proclul-s may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modetIng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay Conan,aisli reserve., Ihe conecl, JptGle. ot re,inno. GIS Guilt cis wilhoul notification The Oily of Curpua Chdali cennul assure the atintracy, oumplelenesa, ettiletAily iolsonalion 'or any parlicular purpose. Usk t, :Iele for punsGes oliter Marl Ursa fur litny mere Goal, rady yield inennurale ttr n Glear ,,,1111, rod,' ton may esserl any anssielary HOG M infonaeliun nor represert lo floyorte as Oiler than Cily Gouernmeni-produced neCily of Corpus Cll. shall null.. liable NA any eclivily involving III,Irormaliun with respecl ro los( urn., 1:G4a:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINTS Morgan / Baldwin Triangle # 7 - .19 AC 11! ' r Length: 394.94 Ft Perieneten 398.41 ft Area: 0(o'. 0.19 AL1 q City of Corpus Christi AgiukkAll& 177 ft The City of Cogus Christi sses the most .rreni and complete data avellahle. However, GIS data and product accuracy may vary. GIS data and proclul-s may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modellng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Cily Conan,aisli reserves Ihe conecl, JptGle. ot rtsinno. GIS Guilt cis wilhoul notification The Oily of Corpus Olds!! cannul assure Ilia atintracy, ountelelenesa, ettilatAily iolotrtGlion 'or any earlicular purpose. Usk t, :late for purecws oliter than Ursa fur whil, litny mere Gael, rady yield inaccurate ttr n Glear ,,,1111, Tile rode en! may essarl any et,ialary HOG informaliun nor reerasert lo floyorte as oliter than Cily Gouarnmeni-pruduced triGt Cily of Corpus Cll. shall null.. liable NA any eclivily involving III,Irormaliun with respecl ro las( prufite, lualsevinus. any oilier ounsenuentiel damages Powered by VANTAGEPOINT RTA Greenwood Triangle # 8 - .03 AC lIl City of Corpus Christi 63 ft The City of Cogus Christi sses the most .rreni and complete data avellahle. However, GIS data and product accuracy may vary. GIS cla..a and prod., may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modeilng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay Conan,aisli reserve., Ihe lo anneal, snGlo. ot re,inno. GIS Guilt cis wilhoul notification The Oily of Curpua Chdali coma, assure lito acintracy, ountploienosa, euilatAily iolsonalion 'or any parlicolor purpose. Usk u :Iola for punsGes olitor Marl !hose fur litoy more Goal, rady yield inaccurate. ttr n Gloat I, ,,,1111, Tito red,' ton may assorl any anssielary HOG M infonaeliun nor represeni lo aoyooe oliter Cily Gouernmeni-produced neCily of Corpus Cll. shall null. liable NA any eclivily involving III,Irormaliun with respecl ro los( urn., lual a:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINT Highland Triangle # 9 - .04 AC CIIIPFPuYA rY, ;*** ;+.7' 183.89 Ft PerimetelL184.691i Nei Area: :70.07L.414 • t E. City of Corpus Christi 181 ft The City of Cogus Christi sses the most arrant and complete O. aveilahle. However. GIS dela and product accuracy may very GIS OSand pro.. may be developed from sources ofdllterIng accuracy. accurate only at certain scales. based on modellng or interpretallon, while Irdino Ejti21K1 FHVi,HFI. Cild Corloo,rioli reserves cdrieol, dodale. modify. ol reidode. GIS proill cis wilhoul oolitic:1.d The Oily of Cur.. Chrisli carom, assure die acideracy, ournplelenese, reli.dly. ottilatlitily of lolonnalion 'or any parlicular purpose. Usk o dale for ourp.ds Illosa for whil, Ilidy mere cleat. rody yield duo... or n isloar redo loll may Fik esserl piroxielary righls illforroalion nor represerd lo floyooe as olher 11.1 Gouernmeni-produced T.Cily of Corpus Ch. shall nut any aclivily involving 016 idurnialim respecl lust pro., sovinos. oilier consequential damages Powered by VANTAGEPOINT Cortez Triangle # 10 - .05 AC E. AAI City of Corpus Christi 130 ft The Cly of Cogus Christi uses the most ottani and complete data avellahle. However, GIS data and product accuracy may vary. GIS Oaa and amduSs may Oe developed from sources akin -faring accuracy. accurate only at certain scales. based on modeiing or lnlerprefallon, Inwmplele while IGin, Ejti21K1 FHVi,HFI.euTC'yof Conan,aisli reserve., Ihe lo,oe e. ot re,inno. GIS Guilt ,. wilhoul notification TheOiy of Curpua Chdali coma, assure lito a¢u n uehTryo srrwu r ynuMrpurpose. Usk aa use u a Ursa u more Goal, inaccurate. u Glom u . Tito masse any y y u s urea anorf er Ito y aaoiter lhe�yC yGouernmeu V aced' o a u TeCily of Corpus Cl 6l Nal nulla liable NA any eclivily involving II,Irormaliun with respecl W urn., lual a:sinus. any oiliera y 'al damages VANTAGEEPPOINTS,J Airport Triangle # 11 - .04 AC length: 205.14 Ft meter. 208.10 Ft- ..- .05 11111 E. AAI City of Corpus Christi 186 ft The Cly of Cogus Christi uses the most.tram and complete data available. However, GIS data and product accuracy may vary. GIS Oaa and amduSs may be developed from sources akin -faring accuracy. accurate only at certain scales, based on modeiing or lnlerprefallon, Inwmplele while IGin, Ejti21K1 FHVi,HFI.euTC'yof Conan,aisli reserve., Ihe lo,oe e. ot re,inno. GIS Guilt ,. wilhoul notification TheOiy of Curpua Chdali coma, assure lito a¢u n uebTryo srrwu r ynuMrpurpose. Usk Usu aa usa u a loss u more Goal, inaccurate. e u Gloatu. Tito masse y y g u s urea un norf er Ito y aaoiter lhe�yC yGouernmeu V aced' o a u TeCily of Corpus Cll. shall nulla liable NA any eclivily involving III,Irormaliun with respecl W urn lual a:sinus. any oilieru 4damages Powered by VANTAGEPOINTS Agnes & Laredo # 13 - .66 AC ti+�.rti� C ity of Corpus Chnsri 9 t 71a Ory dMayen del* r... .a root wenn and 00000101. drl•...100lo. Ho+..e. CM 0am aro ie.'a,4.mr.C7 ear wary Gag d.7.7 god p alm% nay be drnlop.0 Moa ;moon W Pdrrq aaracl, xanM coot M colon maim Wood an ncd.bq a MMee.MMpe, imompl o. wlW boom mind or wood .t Tho LM d Com. Chu. mono, cr+W'l lo moat, epdM.. m.Ny.a 4•04000. ClS oeoder=r *OM no..ya.oe. 1T. My oil Como ChM carnet amnia norm m7 7-S7.. Woolly a NAOS:Or 04 Nil lolcombore tor mor onerto.MRte.. Gsrrp °MOM ix pawpaws WV.+M Mom kr doth Moir RMS mom! troy 1W Mosoorrr n nomadic mato 7b r00e01.M 44401 ROW !Sid aM pdpdYar ADM. W W. M+kM1? On4•-f .000041001 10/410040 n0140!IMO Cry CoeeM1ee.9104e0010:041itontoan S4•. Clyne Cavo Chwb $4,0110.01 Or Wail kr Ony MOAN ihrrannv1115kemmr7- ugh e.yp.e7b.p7pdI*. 0y070,4000 a my oMea anl.6uM0il el000mo. Powered -10 VANTAGEPOINTSJ Del Mar Triangles # 14 - .94 AC City or Corot,. Chrk'I t_ .rrt.....t7.4ow, ..-w wow 44 vow. ....rr ....ww u.-.ww.wmum, A.n 04 now owe. w......aw woo mom Ow, .os.1mem .Y.w-. .a.w 14..a....... ...A..... .0:4.4i. rw..wr..... r tw..vto. 444.4w ..44r44.4 mi..=WI ..r.. 04 44.a444.444.4 T. 04 Comm 4•40 ..ww, rn-.a.+.. r.n...r...w.. Dry w w. r •..44..0.4 rw w.w .n eon .1•41 .w+..w , - -w.a. "Wm ¶ ..w...0now .m.in W. e •••••••••• ....w.+.. .wr...w w a m....w r..+n w...w t.* Car a+s.bow u,.mil. .n.wort. Map. IN .AW......n..wag ..••..�.w•....n.. VARTAGEP{ZINT 19th and Morgan # 15 - .03 AC +we" I IIP0:101.1111.11111.11M \'11110.1 le 4. 11111 E. City of Corpus Christi 95 ft Ithe City uf Cogus Christi sses the most amreni and complete Pala asellahle However GIS data and product accuracy may vary GIS O. and proclu.s may be developed nom sources of dIfferIng accuracy accurate only at certain scales. based on modatIng or intercretallon, !nun,. whits! Im•ing t:Fti21K1 F.Vit.IFI. etc rdy wOurpo,n mmerve., tight In INGI, *dale dify rei rcs prtsh GP. willmul uplifts:Mot The Oily of Curpus ChMsli cants, axstura the mmttracy uurnpleleness, relishilily attilatuIlly of MG infunnalion 'or any parlicular purpose g CPIS lala for putponan Ghat Marl for which lhay mere Ga., tudy Geld i mrsturala n Islam tehulin This ramp Kill may FIP Mat a,nerl punxialary rigida M mfortnaliun nor repmmert loanyotta as ulher than Oily Gouternmenhproduced ill,FF.1.1 trim Cily of Corpus Christi bhall nut liahle .y inaulving has !Worm:Ilion with reshaul to lubi ssuir, Ill arty °Me sunsenuenlial deriG,Is Powered b VANTAGEPOI NTS: Baldwin ROW # 16 - .12 AC 1t921.28 Ft enm .925.26 Ft City of Corpus Christi 128 ft City of Cogus Christi sses the most amrent and complete dale asellahle. However, GIS data end product accuracy may vary. GIS OS and prociuMs may be developed from sources skill -Wring accuracy. accurate only at certain scales. based on modeilng or interpretallon, while 11-4, Ejti21K1 FHVi,HFI. Cily Curls], reserves Me ifuld onseol, motel, modify. oi reidmm. GIS posil sis nolilioaliror The City of Curpus Chdsli carom, assure the misses, ournpleleness, relislAily. suilatlitily of II, infonnatimn 'or any parlicular purpose. Usk a AIS dale fur puommes mlism Merl limes fur whil, Hwy mere [seated rody yield Mar:ousel, or n The resip led may esserl any immxielary M infmosaliun nor represesi it to anyooe as other M. City GuserornerMprudused neCily of Corpus Chrisli shall nut les liable .y involving this itiormation with respec, to lust profits, ssmin,s. say oilier amnseguentiel damages Powered by VANTAGEPOINT Leopard Medains # 17 - 9.28 AC ter Le ngth: 41,734.90 Ft ... Perimeter: 41,752.80 Ft 9.24 Ac -"-* • .• ms • • . L'Etallixt4 ," twig esn 11111 City of Corpus Christi 2,867 ft tille City of Coqus Christi sses the most .rreni and complete Cala avallahle. Ho•ever, GIS data and product accuracy may va, GIS cla• and yroclul-s may ine developed from sources of dIfferIng accuracy. accurate only at certain scales. based on rnodeilng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Cily Corptc,ciyii reserves Ihe tiulti conecl, yptGle. ot reyincs. GIS Guilt cis wilhoul notification The Oily of Corpuy cannul assure the atintracy, ountplelenes, ettilatAily iolconalion 'or any parlicular purpose. Usk t, :late for purnuyes oliter Marl !hose for whil, litny mere Goal, oGy yield inaccurate ttr n Glear icy ,,,1111, rod,' toll may esserl any pitssielary HOG M infoncaliun nor reptesert lo floyorte as cater than Cily Gouernmeni-produced neCily of Corpus Cll. shall null.. liable NA any aclivily involving III,Irormaliun with respeul to Ina( urn., luta b.:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINT Western Dr. Medains # 18 - .03 AC City of Corpus Christi 181 ft The City of Cogus Christi sses the most amrenl and complete data avellahlm However, GIS data and product accuracy may vary. GIS data and prociuMs may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modetIng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay ot Conan, nnrisli reserve., Me tiulti In anneal, JptGle. muddy. re,imm. GIS prma cis willmul notification The Oily of Curpua Chdali cennul assure the mamtracs oumplelenesa, ettiletAily of MG iolsonalion 'or any parlicular purpose. Usk t, :Iele for punames oliter Marl Mose fur litny mere Goal, omy yield inermurale ttr n Glear ,,,1111, rod,' ton may esserl any pimxielary HOG M infonaeliun nor represert lo floyorte as Oiler Man Cily Gouernmeni-pruduced ill,FF.1.1 trim Cily of Corpus Cll. shall null.. liable Nm any eclivily involving II,Irormaliun with respecl ro los( urn., lual a:sinus. any oilier amnsenuentiel damages Powered by VANTAGEPOINT McKinzie-Rockwood # 19 - 1.42 AC E. City of Corpus Christi 505 ft Irtore City of Coque Christi Jses Me most amrenl and complete data However. GIS dela end product accuracy may very. GIS de, and droduMs may be developed from sources of dfferIng accuracy. accurate only at certain scales. based on modellng or Interpretallon, Income. while Ilding Ejti21K1 FHVi,HFI. TIH Cily Cordoc Feserves lighl mom,. molate. modify. ol re,Imm. GIS ermli rds unlilicalinc The Oily of Corpus Chlisli comic, assure the mmuracy. comeleleness, relialMlily. acilatAlly of Mia 'or any earlicular purpose. Usk a AIS dale for mceoces Mon Come for whil, Hwy were cleated moy yield icaummele or n islaw The rode en! may ecserl any eimxielary rialds M thic inform/Ilion nor reereserl lo anyone as olher Man Cily GouerornerMeroduced ill,FF.1.1 The Cily Corpus ChriA shall null.. Nm any aclivily involving III,Miurnialim with respecl ro lust profile, loci sovings. any oilier consequential damages Powered by VANTAGEPOINT Peach Tree Medain # 20 - .03 AC City of Corpus Christi 123 ft The City of Cogus Christi sses the most amrenl and complete data avellahlm However, GIS data and product accuracy may vary. GIS cla..a and prociuMs may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modeilng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay or Conan, nnrisli reserve., Me tiulti In anneal, snGlo. muddy. re,imm. GIS prma cis willmul notification The Oily of Curpua Chdali coma, assure lito mamtracs oumploienosa, euilatAily of MG iolsonalion 'or any parlicolor purpose. Usk u :Iola for punames olitor Marl Mose fur litoy more Goal, omy yield inermurato ttr n Gloat I, ,,,1111, Tito red,' ton may assorl any pimxielary HOG M infonaeliun nor represeni lo floymoe oliter Mon Cily Gouernmeni-pruduced neCily of Corpus Cll. shall nut Lni liable Nm any eclivily involving II,Irormaliun with respecl ro los( urn., lual a:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINT IH 37 # 21 — .81 AC 37- jkr-.3,5B. f.A.Nr4Nnrir175;:i'ffiL7 - ii -P70111 •-> "ef.01,1. for r o „o - "*.• z- o?..to-o iNICE,K,IDE rrl .J .,o x AFT'1-.-1W rr r - SKYLARK •,2 •=-•;- ;•,:•a*, NAMPS1-11 1:7. 1 f•X '7 "'HALL -4 City of Corpus Christi 517 ft 'Me City of Cogus Christi sses the most .rreni and complete data avallahls However, GIS dale and product accuracy may vary. GIS Oa', and proclul-s may ine developer from sources of dIfferIng accuracy. accurate only at certain scales. based on modeilng or interpretatIon, add,' Ejti21K1 FHVi,HFI. TIG Cily Curpor,aisli reserves Ide rirdlii In consul, dpIGIs. rediGe. GIS Gull' cis wilhoul GANG:dud The Oily of Gus.. Oddsli ',Ham, assure Ills miltrecy, ournplelensse, infuernelion .ur parlicular purpose Usk dale fur nurpc,as Marl Illuse for whil, Hwy msre Gealsd rEdy yield ideuGdals or n Gluar Tire rod,' uni may esserl any pirssielary righls M inforrneliun nor repress', lo anyooe as olher Gouernmeni-pruduced TleCily of Corpus Cll. shall nut liable .y involving 016 iliormalim respecl ro Ins( urn., luGsduid,s. any older umseguential damages Powered by VANTAGEPOINT IH 37 # 22 - 6.21 AC AC ESS r trzln-4 z E '24 1514:4 E. City of Corpus Christi - ir-r1=4? azo E urtai ,egsza;) laikt 4 r: • 00- - WW1'g ,, -1,3301 2,959 ft neatyl,C,MlostrnpWOMCdrnarymayv,.0,M,M,,rnwed.rnfeWonmahMWO,,Inte U0O,..fm.M.1,wwernr,yWhMww.rn,pmp.d.ptMrrqa*,,M.104M,Wma, Powered by VANTAGEPOINT Old Brownsville Rd. # 23 - 5.11 AC 9 - •1,NEPJUNE., SANTAIELE -1 - 9. 1,14'.11 Ong" P %EPEC • esn City of Corpus Christi 2,536 ft Tile City of Coque Christi sses the most .rreni and complete data avallaPle However GIS data and product accuracy may vary GIS data and prostul-s may Pe developed Pon+ sources of Ulf -tering accuracy accurate only at certain scales. based on modetIng or Intercretallon, while PA, Ejti21K1 F.Vi,HFI. etc Tlid rdy wOurpo,n tri,11 watery,' Illelir,111. CA, INGI, tru dify ul re; 1,s is clls prudi GP. The Oily of Curputt serum, exudes] Ilia miss -any uumpleteness, relisItilily suilatuilly lulcunalion lor uny parlicular purpose g (PIA lala for putpoms, ttIllet them for which Illey mere oval, tudy yield i taucurale n !slum ing Fusel,. The recut Kill may FIP avterl Piny pi,xielary rigida ulforrualiun nor repteaert it to aoyotte sec....sr than Oily Gosernment-produced ne City of Corpus Christi bhall uut liaPle .y this ridormation with respecl to tub( prd, bsuirs, Ill any Otte sunseguenlial derirs,es Powered by VANTAGEPOINT Airport Rd. # 24 - .37 AC E. AAI City of Corpus Christi 221 ft The Cly of Cogus Christi uses the most arrenl and complete data available. However, GIS data and product accuracy may vary. GIS claa and amduSs may be developed from sources akin -faring accuracy. accurate only at certain scales, based on modeiing or lnlerprefallon, Inwmplele while IGin, Ejti21K1 FHVi,HFI.euTC'y of Conan, nnrislinese t Me tiulti In,oe e. muddy. re,imm. GIS Vu4cis willmul notification TheOiy of Curpua Chdali comic, assure lito mamtracs oumploienosa,uilatAily of MG iolsonalion 'or ynuMrpurpose. Usk Usu aa use u a lose u more Goal, w.uu e u Gloatu. Tito a�mse y y g u s urea un norf er Ito y aaoher Mon C yGouernmeu V aced' o a u TeCily of Corpus Cll. shall nut Leliable Nm any eclivily involving II,Irormaliun with respecl W urn lual a:sinus. any oilieru 4damages Powered by VANTAGEPOINTS Leopard ROW # 25 - .63 AC City of Corpus Christi 353 ft The City of Cogus Christi sses the most ottani and complete data avellahle. However, GIS data and product accuracy may vary. GIS Oa., and proclul-s may ine developed from sources akin -faring accuracy. accurate only at certain scales. based on modeilng or interpretallon, while IGin, Ejti21K1 FHVi,HFI. TIG Gay Conan,aisli reserve., Ihe lo anneal, snGlo. ot re,inno. GIS Guilt cis wilhoul notification The Oily of Curpua Chdali coma, assure lito acintracy, ountploienosa, euilatAily iolsonalion 'or any parlicolor purpose. Usk u :Iola for punsGes olitor Marl Ursa fur litoy more Goal, rady yield inaccurate. ttr n Glom I, ,,,1111, Tito red,' ton may assorl any anssielary HOG M infonaeliun nor represeni lo aoyooe oliter Cily Gouernmeni-produced neCily of Corpus Cll. shall null. liable NA any eclivily involving III,Irormaliun with respecl ro los( urn., lual a:sinus. any oilier umsenuentiel damages Powered by VANTAGEPOINT GROUP 11 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November - February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 11 City Parks Area/Location Acre 1 Penn Place 4302 Aaron 1.67 2 Creekway 7306 Prairie 0.87 3 Reflections Linear Park 4924 Oso Parkway 0.81 4 Lipes 5004 Lethaby 6.00 5 St. Denis 6200 St. Denis 5.42 6 Stony Brook 7653 Stony Brook 1.96 Total Acres 16.73 #3 Reflections Linear Park w/ #S St. Denis Park rr rr erjt ri' 77 23 0?.21Cy[ al: 1156 fl fl GROUP 12 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November- February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "suckers" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance (If applicable see Exhibit 1) Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; apply fertilizer; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds in March, June, and October at site numbers 1, 3 and 5. See Exhibit 1. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 12 Area/Location Acre Landscaping 1 Las Brisas Park 3945 Freds Folly 0.40 Yes 2 Sgt. J. D. Bock 7327 Canadian 3.93 No 3 Graceland 7201 Elvis Dr. 0.68 No 4 Greystone 7301 Sydney St. 0.92 Yes 5 Yorktown Medians Staples St. to Cimmaron St. 2.00 Yes 6 Caribbean 601 Mediterranean 1.00 No 7 Dimitt 202 Jester St. 1.50 No 8 Parks Nursery 5555 S. Alameda St. 1.90 No Total Acres 12.33 #2 Sgt. J.D. Bock Park Imagery bete _1 ^2. Nil :7,3'._. _. 2790'14.01" N 9736'15.68" W ekev 5 ft eye. aft 850 ft (] GROUP 13 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November - February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; apply fertilizer; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 13 City Parks Area/Location Acre 1 Malibu 4224 Tripoli 7.21 2 Kingston 3909 Kingston 5.33 3 Almanza 3405 Surrey 6.70 4 Parkview 6000 Parkview 5.50 Total Acres 24.74 1956Imariery Dat: 11;22.'2011 2742'47.46 97G23 W elev 2 ft alt 982 ft 0 #2 Kingston Park 19561magery Da -E.: 11'22;201_ 27°43'00.11" N ,97°24'21.34" 1'd elev 27 fta, eye alt 844 ft 10 #3 Almanza Park !- Date: 11.'22/2011/ 27°43'14.42n N 97°24'45.85" V.: elev 28 ft /eye alt 967 ft GA: #4 Parkview Park x5"._ 201 I ; 4 1 56rnyler., Date: 11 22.'2011 27042'34.67" H 97'24'54.18" VI eiev , 27 ft eye ait72093_ft GROUP 14 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November - February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 14 City Parks Area/Location Acre 1 Los Encinos 5800 Greenwood 10.00 2 Father Fernandez 1820 Frio St. 2.00 3 Village on the Green 5500 Green Tree 3.00 4 Pebble 5922 Hillcrest 5.13 5 Sacky 2719 Sacky 6.59 Total Acres 26.72 #1 Los Encinos Park rte. k Qom �F LY 1956rnagery Dates 11,.''22,'2011 27°43'48.50" N 97°25'54.77'4W elev 27ffs eye -alt 1024 ft 0 #2 Father Fernandez Park • *. ( lk 1 22/2011 27° 9109" N 97c2t 44 1Ede.. L8 ft eye alit #3 Village on the Green Park #4 Pebble Park .1) 1956ImagerITI,ate. 11/22/2011 41:3O0.53" N 97°25'29,21" W eley 28 ft eye aft 921 fte #5 Sacky Park II -kiz, 11956'rna-,e-ry Date:441,.'22 '2011 f / .' •-.P"'",3 'V-111111.:NIC P"--1.1°'-' i • ' _ 2)4431' N 972526,21T Iry ekev 32 ft - eye alt -1.334 ft LJ It . GROUP 16 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Waste Water Plants Group 16 • Monthly - 12 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "suckers" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.4 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.5 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.6 Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.7 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.8 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday -Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re -inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 16 Waste Water Plants Area/Location Acre 1 Allison WW Treatment Plant 4001 Allison Dr. 21.14 2 Broadway WW Treatment Plant 1402 Broadway St. 5.55 3 Greenwood WW Treatment Plant 6541 Greenwood St. 13.94 4 Laguna Madre WW Treatment Plant 201 Jester St. 4.29 5 Oso WW Treatment Plant 501 Nile Dr. 15.50 6 White Cap WW Treatment Plant 13409 Whitecap Dr. 6.94 Total Acres 67.36 Date: 09/13/2016 ATTACHMENT B - BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 138 Ground Maintenance Authorized Bidder: Cut Masters Lawn Service Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP 1 Acres Cycles Unit Price per Cycle Total Price Growing Season (March -November) 26.47 20 $ VII, 60 $ 14/2 61' Non Growing Season (December -February) 26.47 3 $ Sill,CO $ C43c 240 4 ° . Ili° Y.IL.^' � a'II 4 "I'M EO xM Date: C1, CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 140 Grounds Maintenance I I I l 9 Authorized 41" IIPIP* Bidder: CUd WictC ev S I timv1 %rktk,)vu. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP II ' Acres Cycles Unit Price per Cycle Total Price Growing Season (March-October) 12.33 18 $ 1 i b cl. 7 o $ I l f q74.60 Non Growing Season (November-February) 12.33 4 $ OM .70 $ 1-1-41-W . 0 Date: 11311li CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 141 Ground Maintenance Authorized Bidder: CIA- NICtSklic... kAKVI StrVICX.W. Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP 16 Acres Cycles Unit Price per Cycle Total Price Monthly 67.36 12 $ 37 -KM, $ 31,2J)3.2.- I q11311u) CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 143 Grounds Maintenance ,, Authorized Wvi 02 i-,0? . Signature: 13c. ,i I it 1 N. 117 Ir:77- RI El- ol; 1 •-• 14 Rot° th;62 Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. the communication, purpose b. Bidder on and c. Bidder required d. Bidder GtV Witigt6 lOilkil to "Instructions to Bidders" and Contract Terms and Conditions bid. your best price for each item. this bid, Bidder certifies that: prices in this bid have been arrived at independently, without or agreement with any other Bidder or competitor, of restricting competition with regard to prices; is an Equal Opportunity Employer; and the Disclosure of Interest file with City's purchasing office, pursuant to the Code of Ordinances, true. is current with all taxes due and company is in good governmental agencies. acknowledges receipt and review of all addenda for this before consultation, for the information is current standing with all RFB. GROUP 11 Acres Bi -Weekly Cycles Unit Price per Cycle Total Price Growing Season (March-October) 16.73 18 $ (00.94 $ 11/100 Non Growing Season (November -February) 16.73 4 $ (,0•310 $ s(013.LIC CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 144 Grounds Maintenance Date: 6-11 175 IN Bidder: (\A -t- \MA4tiic Lc' ce(viCe Authorized Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP 13 Acres Bi -Weekly Cycles Unit Price per C cle l TotaPrice Growing Season (March -October) 18 $ ais-2, AI $ 1-7,Istif, eb Non Growing Season (November -February) 4$ 1 Sii-41 $ 3 Vti , 4/& 4 13 c,„„ets, 44 (1113 11V CITY OF PURCHASING Grounds S,Is via CORPUS CHRISTI BID FORM DIVISION RFB No. 145 Maintenance Authorized Signature: . IP * 411 -- .....a 4PcoRpoolt° 1852 the communication, purpose Bidder on and Bidder required Bidder Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. b. c. d. 0 lAt 61061,(c LCitAti to "Instructions to Bidders" and Contract Terms and Conditions before bid. your best price for each item. this bid, Bidder certifies that: prices in this bid have been arrived at independently, without consultation, or agreement with any other Bidder or competitor, for the of restricting competition with regard to prices; is an Equal Opportunity Employer; and the Disclosure of Interest information file with City's purchasing office, pursuant to the Code of Ordinances, is current true. is current with all taxes due and company is in good standing with all governmental agencies. acknowledges receipt and review of all addenda for this RFB. GROUP 14 Acres Bi-Weekly Cycles Unit Price per Cycle Total Price Growing Season (March-October) 26.72 18 $ 0.4b $ l ri (60. 6, Non Growing Season (November-February) 26.72 4 $ 90.41 $ 3C24.61 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE 1. 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 must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Contract Administrator one copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability 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 Aggregates BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with part II of this Exhibit $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II. Additional Requirements 1. 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 consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any cancellation, non -renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 Insurance Requirements Parks & Recreation Grounds Maintenance Mowing 06/13/16 my Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS No warranty is required for the Service Agreement. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 it there are interested panes. Complete Nos, 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Cut Masters Lawn Service Corpus Christi, TX United States '2 Certificate Number: 2016-121137 Date Filed: Name of governmental entity or state agency that is a party to the contract for which the form Is being flied. City of Corpus Christi 10/06/2016 Date Acknowledged: 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. 797 Ground Maintenance Services ¢ Name of interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Cut Masters Lawn Service, Inc. Corpus Christi, TX United States X 5 Check on ry if there is NO Interested Party. o 6 (1:4 P C 1iyAiT w � r .1►, Nrtio IL 2010 i swear, or affirm, under penaltyof perjury,that the above disclosure is true and correct. OPI° ��A _- 4 Signature of authorized . j of contracting business entity f AFFIX NOTARY STAMP / SEAL. ABOVE �^ t Sworn to and subscribed before me, by the said Davi O NA Y e- , this the +�,+t' day of Dei 201+4 , to certify which, witness my hand and seal of office. /4 - (}. Aj - 61br14 p cae6i' z & 1,.. Signature of officer aciallirestering oath Printed name of officer administering oath !tie orf : - -- administering oath orms provtoeo ny Texas Ethics Commission www.ethics,state.tx.us Version V1.0.277 SERVICE AGREEMENT NO. 798 Grounds Maintenance THIS Grounds Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Dorame General Repair and Lawn ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager") . WHEREAS, Contractor has bid to provide Grounds Maintenance in response to Request for Bid/Proposal No. 139, 142, and 146 ("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 Grounds Maintenance ("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 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 $66,172.04, 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: Tessy Gonzalez Department: Parks and Recreations Phone: 361-826-3493 Email: TessyG@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 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 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: Tessy Gonzalez Contract Administrator Address: 1201 Leopard St. Corpus Christi, Texas 78401 Fax: 361-826-3864 IF TO CONTRACTOR: Dorame General Repair and Lawn Attn: Ramon Dorame Title: President Address: 4213 Hamlin Dr. Corpus Christi, Texas 7841 1 Fax: 361-533-6728 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: AI -37 Title: Date: 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. 139, 142, 146 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 GROUP 9 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension. Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November - February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "suckers" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance (If applicable see Exhibit 1) Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; apply fertilizer; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds in March, June, and October at site numbers 1, 3 and 5. See Exhibit 1. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 9 Area/Location Acre Landscaping 1 Alta Plaza Triangles Alta Plaza and Ocean Drive 0.19 Yes 2 Hialco 1 1 14 Sam Ranking Drive 2.25 No 3 Ocean Dr. Lot 3642 Ocean Drive 1.00 No 4 Sign shop 5425 Leopard St 0.89 No 5 Academy Sports ROW 4910 Williams Drive 0.05 No 6 Acushnet 6746 Aaron 6.54 No 7 Congress 4017 Capital 1.96 No 8 O'Day ROW .25 Miles NW of Weber on O'Day 0.05 No 9 Forest Park 4306 Calallen 1.80 No 10 Heizer Tri 10622 Veda Dr. 0.30 Yes 11 Northwest Bowl 14602 Spaulding 1.60 No Total Acres 16.63 #1 Alta Plaza Trian • les 11napry Dart i1.'1"4..2 i J[' 26 ft C}'[ d4' 1172 1 J fr-T: ,000 C GROUP 10 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November - February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 10 City Parks Area/Location Acre 1 Bear Creek 6733 Bison 9.00 2 Captain Falcon 4712 Oso Parkway 1.73 3 Cimarron 8109 Rock Crest Drive 3.00 4 Crossgate 5307 Cross Valley 4.83 Total Acres 18.56 #1 Bear Creek Park Google earth Imagery Date: }112212611 2. -3 3:A " •!- •9 -'2e' 's -1 V `Ict' 18 Fr air S: 6h R 'magery Date, -1^2; 2.•'! 27=%.,32.h5"1 7723'M1g:1E'btl Lie .• 22ft e}e el GROUP 15 4.1 General Requirements Provide complete grounds maintenance including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. 4.2 Scope of work Provide complete grounds maintenance including litter and debris removal, mowing, trimming, applying fertilizer and landscaping maintenance of City owned property as shown on Exhibit 1. Prep Work a. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension at the following location: Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 b. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. c. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. d. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. e. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. Mowing and Trimming a. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. b. Cycles Description Groups 9-15 • Growing Season (March - October) Bi -weekly - 18 cycles • Non -growing Season (November - February) Monthly - 4 cycles c. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. d. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. e. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. f. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. g. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. h. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. Edging a. Cut all edges with a mechanical edging device (not a line trimmer). This includes all curbs and sidewalks. b. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. Edge only with steel disc or steel blade edger's. String line trimming shall not be used for edging. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 4.3 Landscaping Maintenance Contractor shall provide complete landscaping maintenance including herbicide applications to control weeds in perennial beds, and around mulched areas of trees and shrubs; mulch designated areas; prune existing shrubs, groundcovers, and hedges; application of pesticide. Weed Control a. Hard Surfaces: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) from expansion joints, cracks of sidewalks, parking lots, curbing and concrete medians, including road pavement that is within two feet of said areas. b. Beds and Groundcovers - Weed -Free Maintenance: Contractor shall use herbicides and hand labor to remove and control undesirable vegetation (weeds) in landscaped areas (designated beds, tree collars, and groundcover to include mulch, decomposed granite, decorative rock and plant cover) shall be provided at a minimum of once per month throughout the year. c. Contractor shall mix herbicide and apply according to the manufacturer recommendation and current State licensing requirements. Recommended herbicide is Roundup, Aquaneat, or other products safe for waterways. The successful Contractor(s) will be required to possess a current commercial applicator license for applying herbicide at all designated locations. Contractor shall apply herbicide at a distance of 12 inches along both sides of designated fence lines except fences bordering adjacent private property. In such cases, herbicides shall be applied only to the City side of the fence. Herbicide shall not be applied around any trees and shrubs. The spraying shall be parallel to the fence lines and structures and shall be straight, not irregular; spray pattern must conform to the size and shape of all other obstacles. The Contractor shall be responsible for performing touch-up spraying for any areas missed or any areas where rain has washed off the herbicide before it has taken effect. The Contractor shall be responsible for any damage done to private property caused by over spray. The Contractor shall not use any water connection, hose, or faucet at any location for solution water for herbicide or pesticide. Use of any water connection is a violation of the Texas Natural Resources Conservation Commission rules and regulations, City of Corpus Christi Water Division rules and regulations, and the terms and conditions of this contract. Mulch a. The Contractor shall treat all areas to be mulched with a pre -emergent herbicide application of either Barricade (manufactured by Sandoz Corp.) or Snapshot (manufactured by Dow Chemical), according to the Manufacturer's specifications, prior to applying the mulch. b. The Contractor shall mulch at a depth of four inches. c. Mulch material shall be "Aged Pine Bark" mulch -color black. Mulch used must be previously approved by the Contract Administrator prior to applying. d. The Contractor shall turn, fluff, and rake all existing shrub beds, tree collars, flowerbeds, and groundcover beds each spring in March. e. Mulch requirements do not include playground areas. Pruning existing shrubs, groundcovers, and hedges The Contractor shall maintain plant materials in an attractive and healthy growing condition by performing the following operations and other incidental work thereto: a. Prune shrubs, groundcovers, and hedges by shaping back to the size that existed at the beginning of the current season. Prune in appropriate season so as not to remove ornamental fruit or blooms. Pruning shall occur before growth exceeds six inches. Care shall be taken to ensure natural form and shape of plants is maintained. b. Remove all dead and damaged branches of shrubs and groundcovers and hedges. Remove all Johnson grass or other weeds growing in and out of the bushes. c. Remove all materials and debris from trimming operations daily after each pruning prior to leaving the work site. Application of Pesticides a. The Contractor shall apply all pesticides in accordance with manufacturer's labeling and all applicable federal, state, and local regulations. The City does not require a specific brand of pesticide to be used as long as applications are used for their intended purposes only. b. All pesticides used for control purposes, shall be applied by a Licensed Commercial Pesticide Applicator for: 1) Ornamental Plant and Shrub Control 2) Pest Control No uncertified persons shall apply or otherwise handle any pesticide. The above certifications, registrations, licenses, and permits must be issued by the Texas Department of Agriculture and shall be kept valid throughout the term of this contract. c. Pesticide applications under this contract will require spot treatment for ants, plant and shrub related insects or parasites d. No "Restricted Use Pesticides" as classified by the administrator of the Environmental Protection Agency shall be used in performance of this contract e. Pesticide treatment of trees is not required under this contract. f. The Contractor accepts total responsibility for replacement of ornamental plants, grasses, or trees whether owned by the City or others, which the City judges to have been damaged or killed as a result of pesticide application under this contract. 4.4 Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Exhibit 1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: The Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator or Superintendent to ensure there is no interference with activities, rentals or special events. D. Non -Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-back Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has made contact with the Contract Administrator, or designee and received permission to proceed with work order. 4.5 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. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 4.6 Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. The Contractor shall provide all signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests to protect the mowers and the traveling public. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly, but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 4.7 Equipment A. All Contractors grounds and turf maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall be maintained to provide a clean sharp cut of vegetation at all times. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil, grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all Applicable City, State, and Federal Regulations. 4.8 Security and Protection of Property A. Security Requirements: 1. The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator B. Protection of Property: 1. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in case of any damage resulting from any act or omission on the part of or on behalf of the Contractor, the Contractor shall restore at the Contractor's own expense the damaged property to a condition similar or equal to that existing before such damage was done, or he shall make good such damage in an acceptable manner. 2. All damages which are not repaired or compensated by the Contractor will be repaired or compensated by City forces at the Contractor's expense. All expenses charged by the City for repair work or compensation shall be deducted from any monies owed to the Contractor. 4.9 Notifications and Inspections A. Each Monday morning prior to 8:00 a.m., the Contractor shall call or email the assigned Contract Administrator indicating the locations and work being performed that week. No work shall be done without proper, prior notification. B. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies. The Contractor shall take whatever action necessary to correct the discrepancies within one working day. For the purpose of this contract, workdays shall include Monday-Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $25 fee will be charged for each additional inspection necessary until discrepancies have been corrected. The City shall deduct the inspection fee from the payment to be made to the Contractor for that cycle of maintenance. C. The City shall have the right at all times to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees. D. Work Crew Supervision: The Contractor shall provide qualified supervision of each crew at all times while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. E. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. F. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Exhibit 1 ID Group 15 City Parks Area/Location Acre 1 Crestmont 3521 Cresthill 2.30 2 Ridgewood 5730 Malden 3.31 3 Gardendale 5522 Holly Rd. 3.63 4 Sands 1802 Silver Sand Dr. 5.50 5 South Fork 2838 Oso Parkway 0.75 Total Acres 15.49 #1 Crestmont Park it 119561nagery Date: 11/72/2011 27°42'45.86°' N 97°24'58.17" W elev 26 ft eye alt 1266 ft U #2 Ridgewood Park • 1956magery Date: tt 22j2011 2741:55.88" N 9722'49.53" W elev 23 ft, eye'alt 19181ft #3 Gardendale Park 27°42'06.82" N 97°22'56.27" 11V elevw 24>ft eye alt 111711 #4 Sands Park 40 19 46 n gery,IDete 11.22 2011. 14, 101 .,r 27'41'04.96" N 97"20'26.85`' N elev 14 ft eye alt 11:14 ft #5 South Fork Park • d..4.1111 re "slert. 014V*4 (;3'.. SCA )4)C ea r trl afirr 4 - , . 2704 nal 21.41 .9702059.04" W el.ev 9 ft eAilalt 1199 ft 0 Date: ATTACHMENT B-BID/PRICING SCHEDULE CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 139 Grounds Maintenance Authorized Bidder: POi Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP w 9 Acres Cycles Growing Season (March -October) 16.63 18 Non Growing Season (November -February) 16.63 4 Unit Price per Cycle $ (03. c94)7 ?3'/. `r jk03.°° $b(5c2 Total Price Date: CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No. 142 Grounds Maintenance Authorized Bidder: A24,7/77- Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b. Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. GROUP 10 Acres Bi -Weekly Cycles Unit Price per Cycle Total Price Growing Season (March -October) 18.56 18 g3.50 /5033.6 1 Non Growing Season6 (November -February) 18.56 4 F 3.',1 CITY OF PURCHASING Grounds CORPUS CHRISTI BID FORM DIVISION RFB No. 146 Maintenance Authorized Signature: Contract Terms that: arrived at independently, with any other with regard Employer; and pursuant to due and company and review of all ti c 48 ',:.,•:.. ggitll , NI ,to 4cot, . 452, Date: Bidder: 1. Refer completing 2. Quote 3. In submitting a. the communication, purpose b. Bidder on and c. Bidder required d. Bidder ,..--- 67/e/1,772 to "Instructions to Bidders" and bid. your best price for each item. this bid, Bidder certifies prices in this bid have been or agreement of restricting competition is an Equal Opportunity file with City's purchasing office, true. is current with all taxes governmental agencies. acknowledges receipt and Conditions before without consultation, Bidder or competitor, for the to prices; the Disclosure of Interest information the Code of Ordinances, is current is in good standing with all addenda for this RFB. GROUP 15 Acres Bi-Weekly Cycles Unit Price per Cycle Total Price Growing Season - (MarchOctober) 15.49 18 $ 506 $ Non Growing Season (November-February) ____ 15.49 4 $ C.-). 4' Lie $ ,72 03F ATTACHMENT C -INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE 1. 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 must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the Risk Manager and Contract Administrator one copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability 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 Aggregates BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with part II of this Exhibit $500,000 / $500,000 / $500,000 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II. Additional Requirements 1. 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 consultant is not domiciled in the State of Texas. 2. 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. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any cancellation, non -renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5. Within five 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. 6. 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 Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. 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. 8. 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. 9. Itis understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2016 Insurance Requirements Parks & Recreation Grounds Maintenance Mowing 06/13/16 my Risk Management ATTACHMENT C- BOND REQUIREMENTS No Bond Requirement is necessary for this Service Agreement. ATTACHMENT D- WARRANTY REQUIREMENTS No warranty is required for the Service Agreement. Forms provideby Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE���INTERESTED����U�� .~. 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: 2016-121396 Date Filed: 1007/2018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business ' Dorame General Repair & Lawn LLC. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contracfor which the form is being filed. City of Corpus Christi a Provide the identification number used by the governmentai 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. 798 Parks Mowing 4 Name of lnterested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO lnterested Party. 1:1o[ 6 AFFIDAVIT 1 swear, or AFP VELYN W. DESROSIERS „ commission Expires -^ uu.zm' afflrm, under penalty of perjury, that the above disclosure is true and correct. �6��- April _ Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE //r� � �� s°mmmand subscribed befumme, uymnsaid /ez��y�'�A' this the w�e / � dayor '.L6�' w . 20 A. , to certify which, witness my hand and seal of office. � ( ��� �cof` ea -t � Signature of officer administering oath Printed name of o icer administering oath Title of officer administering oath Forms provideby Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: November 15, 2016 Margie C. Rose, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Grant for Texas A&M University — Corpus Christi Internship Program CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program to assist small businesses. PURPOSE: Award a Type A Grant for Texas A&M University's Internship Program for Small Business Assistance until December 31, 2017 BACKGROUND AND FINDINGS: Texas A&M University — Corpus Christi has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. The Board requested staff to look at other alternatives. As such the staff looked at average intern wages and the concerns that were reviewed at the TYPE A Workshop held on April 7, 2015. The agreement addressed those concerns and also allows the use of the intern program for companies that hire those skills that the Type A Board has supported in the past such as the aviation and the process and instrumentation programs. This agreement would run until December 31s` which is the end of a semester to better manage the program. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their August 11, 2016 meeting. The Type A Board approved the grant at their November 14, 2016 meeting. Texas A&M University Internship Progress Report 2008-2016 Year # of F/T Jobs Created # of P/T Interns Placed # of Interns Placed # of Employers unduplicated 2008-2009 10 1 66 25 2009-2010 6 0 84 20 2010-2011 15 9 102 27 2011-2012 8 19 111 28 2012-2013 8 5 115 28 2013-2014 28 12 85 36 2014-2015 15 15 87 30 2015-2016 YTD 7 8 88 30 Total number from 2008-2016 # Of F/T Jobs = 97 # Of P/T Jobs = 69 # Of Interns Placed = 738 # Of Employers = 224 ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal 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 150,000 150,000 Encumbered / Expended Amount This item 150,000 150,000 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving the grant for $150,000 for the internship program. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program to assist small businesses. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from TAMU-CC for an intern program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for an intern program between the Type A Corporation and TAMU-CC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and TAMU-CC for an intern program within the City of Corpus Christi, in the form attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Dan McQueen Mayor APPROVED: day of , 2016. Corpus Christi, Texas The above resolution was passed by the following vote: Dan McQueen @BCL@DC0536B7 Page 2of2 Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn @BCL@DC0536B7 SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TEXAS A & M UNIVERSITY -- CORPUS CHRISTI FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Texas A & M University -- Corpus Christi, a Texas institution of higher education ("TAMU-CC"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, TAMU-CC has requested business development funds from the Board to assist small businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and TAMU-CC will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); Page 1 of 10 Agreement TAMUCC (3) WHEREAS, a secondary benefit of the small business intern program is providing students real- xvodd eupehence, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the cpvenaDts, pronliaea, and conditions stated in this Aoreenlerd, Corporation and TAMU-CC agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for fifteen months from January 1, 2017, through December 31.2O17. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, TAMU-CC must reapply every year for the grant. 3. Grant. a. The Corporation will grant TAMU-CC an incentive of up to One Hundred Fifty Thousand Dollars ($150.000.00). which must be used to fund up to $5.00 per hour the salary of the interns during the Spring Semester of 2017, Summer Session in 2017. and the Fall Semester 2017, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in TAMU-CC's Small Business Employer Intern Program. b. The Con's grant conditioned upon TAMU-CC's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by TAMU-CC to the small business employers during the prior month. 4. TAMU-CC's Duties and Responsibilities. a. TAMU-CC shall provide administrative oversight and direct supervision for the placement of interns in the TAMU-CC's Small Business Employer Intern Program. b. TAMU-CC shall create and maintain not less than one part-time intern (1) employment position to assist in the Small Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $12.25 per hour. c. TAMU-CC shall p|oce, with small businesses in Corpus ChhGb, up to the total number of interns specified in Schedule A, during any the academic year. (1) Since the primary goal of the TAMU-CC's Small Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, Page 2 of 10 Agreement TAMUCC (3) placements must be based on the needs of the small business with the goal of providing the business with resources that make the business more effective and provide growth opportunities for the businesses. (2) For the purpose of this section a small business may include a chambers of connmeroe, non-profit orOanizatione, and other entity that will use the intern to assist exiodng, etodt-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of smatl businesses develop their businesses. d. TAMU-CC shall ensure that the small business employer of each intern pays the student intern the minimum mage, and TAMU-CC shall match the small business employer's payments to the interns up to $5.00 per hour. e. TAMU-CC shall try to place the interns for 20 hours per week and 12 weeks per semester or summer sessions. f. TAMU-CC shall work with the small businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Aoneement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this /\oreenlent, TAMU-CC agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time ennp|oyee, contractor, oonou|tant. or leased employee who has a home address in the Corpus Christi MSA. d. TAMU-CC agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. TAMU-CC agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. f. TAMU-CC shall ensure that the Corporation is allowed reasonable access to Page 3 of 10 Agreement TAMUCC (3) 6. Reports and Monitoring. a. TAMU-CC shall provide a report at the end of each semester or summer session certifying the status of compliance through the Iife of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, TAMU-CC employer Quarterly Reporto, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company v. whether the intern received a job in the area. b. TAMU-CC, during normal working hours shall allow the Corporation and its desinee. City of Corpus Christi Economic Development C)mportnlent, reasonable access to TAMU- CC's employment records and bookm, to verify employment and all other relevant records related to each of the other economic development considerations and incendvea, as stated in this Agneonn8nt, but the confidentiality of the records and information must be maintained by Corporation and its deaignem, unless such records and information shall be required by a court order, a lawfully issued eubpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. TAMU-CC warrants and represents to Corporation the foltowing: a. TAMU-CC is a member of the Texas A&M University Svstenn, and an institution of higher education under the laws of the State of Texas. b. TAMU-CC has the authority to enter into and parfnmn, and will parfornl. the terms of this Agreement to the best of its ability. c. TAMU-CC has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texos, aaaesonlmnte, fees, and other governmental chorgma, including applicable ad valorem tames, have been timely paid, and will be timely paid, during the term of this Agreement. d. TAMU-CC has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State Iaw and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TAMU-CC are duly authorized to execute this Agreement on behalf of TAMU-CC. f. TAMU-CC does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Aonaanmert, TAMU-CC is convicted of a violation under §U.S.C. Section 1324oUl, TAMU-CC shall repay the payments at the rate and according to the terms as specified by City C)ndinance, as amended, not later than the 120th day after the date l7\MU-CC has been notified ofthe violation. 8. Compliance with Laws. TAMU-CC shall observe and obey all applicable |mvva, ordinances, regulations, and rules of the Federal, State, county, and city governments. Page 4 of 10 Agreement TAMUCC (3) 9. Non -Discrimination. TAMU-CC covenants and agrees that TAMU-CC will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or TAMU-CC are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TAMU-CC are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. TAMU-CC may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent permitted by the laws and the Constitution of the State of Texas, TAMUCC covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TAMU- CC activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. TAMU-CC must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by TAMU-CC. The following events constitute a default of this Agreement by TAMU-CC: a. The Corporation or City determines that any representation or warranty on behalf of TAMU-CC contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against TAMU-CC or any attachment or other levy against the property of TAMU-CC with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. TAMU-CC makes an assignment for the benefit of creditors. d. TAMU-CC files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. Page 5 of 10 Agreement TAMUCC (3) e. If taxes owed by TAMU-CC become delinquent, and TAMU-CC fails to timely and properly follow the legal procedures for protest or contest. f. TAMU-CC changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that TAMU-CC is in default according to the terms of this Agreement, the Corporation or City shall notify TAMU-CC in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for TAMU-CC to cure the event of default. 15. Results of Uncured Default by TAMU-CC. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TAMU-CC, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TAMU-CC shall immediately repay all funds paid by Corporation to them under this Agreement. b. To the extent permitted by the laws and Constitution of the State of Texas, TAMU-CC shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by TAMU-CC of all sums due, the Corporation and TAMU-CC shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor TAMU-CC may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TAMU-CC's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TAMU-CC is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Page 6 of 10 Agreement TAMUCC (3) 17. TAMU-CC specifically agrees that Corporation shall only be liable to TAMU-CC for the actual amount of the money grants to be conveyed to TAMU-CC, and shall not be liable to TAMU-CC for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TAMU-CC to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TAMU-CC: Texas A & M University — Corpus Christi Attn: Director of Contracts & Property 6300 Ocean Drive, Unit 5731 Corpus Christi, Texas 78412-5731 contracts@TAMU-CC.edu Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 7 of 10 Agreement TAMUCC (3) c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ('Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be nmade, nor any provision vvaiVed, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and TAMU-CC will act in an individual cap@oitv, and not as mgen1a, nepreaertativos, anlp|myeao, ennp|oyero, partnmro, oint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, dause, provisioD, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held iUega|, invm|id, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held iUege|, inxo|id, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every nection, panagrgph, aubdivieion, o|ause, pnovision, phrosm, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held iUegm|, inva/id, or unenforceable under present or future law effective during the term of this /\oneenlent, then the remainder of this Agreement is not affected by the law, and in lieu of any i||ego|, invm|id, or unenforceable clause or pruviaion, a clause or prpvinion, as similar in terms to the i||eQm|, invo|id, or unenforceable clause or provision as may be possible and be |ega|, va|id, and enforceab|e, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26' Governing Law. The validity of this Agreement and all matters pertaining theretV, including but not limited to, matters of perfomnanoe, non-perfomnanca, bnaooh, nannediaa, prncedures, hghta, dudaa, and interpretation or construction, shall be governed and determined by the Constitution and the laws of the State of Texas. 27 Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and TAMU-CC. Any prior Aoroem8nta, pnJnoin8a, nmgotiatiVne, or repreaentatiVns, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Page 8 of 10 Agreement TAMUCC (3) 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. [Remainder of this page intentionally left blank] Page 9 of 10 Agreement TAMUCC (3) APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By: President Rebecca Huerta Assistant Secretary Texas A & M University — Corpus Christi By: f11"11 Date: FIittis C. Killebrew, Ph.D. President/CEO THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on itugas , 2016, by Flavius C. Killebrew, Ph.D., President/CEO, Texas A & M University -- Corpus Christi, a Texas institution of higher education, on behalf of the university. s„<.1..... .... ..u.e.",\ MARY E GONZALEZ S 1 ,,c, % i. -i. ;• t Notary Public j f STATE OF TEXAS iii„‘P;iii ............ My Comm. Exp. 03-12-2019 • v NOTARY WITHOUT BOND Agreement TAMUCC (3) Notary Public State of1txa7 My Commission Expires: 3 ROM Page 10 of 10 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: November 15, 2016 Margie C. Rose, City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Grant for Del Mar College Internship Program CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $150,000 for their internship program to assist small businesses. PURPOSE: Approve a Type A Grant for Del Mar College's Internship Program for Small Business Assistance until December 31, 2017 BACKGROUND AND FINDINGS: Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. The Board requested staff to look at other alternatives. As such the staff looked at average intern wages and the concerns that were reviewed at the Type A Workshop held on April 7, 2015. The agreement addressed those concerns and also allows the use of the intern program for companies that hire those skills that the Type A Board has supported in the past such as the aviation and the process and instrumentation programs. This agreement would run until December 31' which is the end of a semester to better manage the program. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their August 11, 2016 meeting. The Type A Board approved the grant at their November 14, 2016 meeting. Del Mar College Internship Progress Report 2008-2016 Year # of F/T Jobs Created # of P/T Interns Placed # of Interns Placed # of Employers unduplicated 2008-2009 8 0 102 27 2009-2010 4 36 71 24 2010-2011 6 16 64 19 2011-2012 6 41 93 22 2012-2013 14 21 85 25 2013-2014 21 24 93 26 2014-2015 23 24 93 29 2015-2016 YTD 24 20 93 39 Total number from 2008-2016 # Of F/T Jobs = 106 # Of P/T Jobs = 182 # Of Interns Placed = 694 # Of Employers = 211 ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal 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 150,000 150,000 Encumbered / Expended Amount This item 150,000 150,000 BALANCE 0 0 Fund: Type A Fund Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approving the grant for $150,000 for the internship program. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $150,000 for their internship program to assist small businesses. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar for an intern program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for an intern program between the Type A Corporation and Del Mar; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and Del Mar for an intern program within the City of Corpus Christi, in the form attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2016. Corpus Christi, Texas @BCL@C80501 8D Dan McQueen Mayor Page 2of2 The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn @BCL@C80501 8D SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR AN INTERN PROGRAM TO SUPPORT SMALL BUSINESSES This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher education ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, Section 504.002 et seq, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of The Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Del Mar has requested business development funds from the Board to assist businesses by providing access to students, who will serve as interns in professional level positions; WHEREAS, the small businesses will pay student interns minimum wage (currently $7.25 per hour) and Del Mar will match the business contribution up to $5.00 per hour. WHEREAS, the interns will be selected based on the needs of the small businesses with the goal of providing the small businesses with resources that make the small businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 internship positions funded (a 10% new job "return on investment"); Page 1 of 9 Agreement Del Mar.docx WHEREAS, a secondary benefit of the small business intern program is providing students real- world experience, while they are making a living wage without working extended hours and developing potential full-time employment opportunities following graduation; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for twelve months from January 1, 2017, through December 31, 2017. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. Per the guidelines, Del Mar must reapply every year for the grant. 3. Grant. a. The Corporation will grant Del Mar an incentive of up to One Hundred Fifty Thousand Dollars ($150,000.00), which must be used to fund up to $5.00 per hour the salary of up to a total of the interns during the Spring Semester of 2017, Summer Session in 2017, and the Fall Semester 2017, and the entire salary on two interns hired to help administer the program during the Fall and Spring Semesters and Summer Session. The interns will be paid $12.25 per hour, while participating in Del Mar's Small Business Employer Intern Program. b. The Corporation's grant is conditioned upon Del Mar's successful completion of the terms of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Del Mar to the small business employers during the prior month. 4. Del Mar's Duties and Responsibilities. a. Del Mar shall provide administrative oversight and direct supervision for the placement of interns in the Del Mar's Business Employer Intern Program. b. Del Mar shall create and maintain not less than two part-time intern (2) employment positions to assist in the Business Employer Intern Program in Corpus Christi, Nueces County, Texas, during the term of this Agreement. The intern must be paid $12.25 per hour. c. Del Mar shall place, with businesses in Corpus Christi, up to the total number of interns specified in Schedule A, during the academic year. (1) Since the primary goal of the Del Mar's Business Employer Intern Program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation, placements must be Page 2 of 9 Agreement Del Mar.docx based on the needs of the small business with the goal of providing the small business with resources that make the business more effective and provide growth opportunities for the businesses. (2) Additionally, interns may be placed at companies that need work skills that have been supported by the Corporation such as Process and Instrumentation and Aviation skills. (3) For the purpose of this section a small business may include chambers of commerce, non-profit organizations, and other entities that will use the intern to assist existing, start-up, and home based small businesses in the City; recruit new small business to the City; assist the expansion of existing small businesses in the City; help entrepreneurs create start-up businesses; or help the owners and managers of small businesses develop their businesses. d. Del Mar shall ensure that the business employer of each intern pays the student intern the minimum wage, and Del Mar shall match the small business employer's payments to the interns up to $5.00 per hour. e. Del Mar shall try to place the interns for 19 hours per week and 12 weeks per semester or summer sessions. f. Del Mar shall work with the businesses that receive interns under the program to encourage the creation of permanent full time jobs for the interns or similarly qualified individuals. 5. Job Creation/Training Qualification. a. In order to count as a created job under this Agreement, the job must pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. In order to qualify for funds to provide job training under this Agreement, Del Mar agrees to create new jobs that pay wages at least as high as the wages required by Section 501.162 of the Act, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. c. A "job" is defined in the Type A Guidelines as a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. d. Del Mar agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. e. Del Mar agrees to provide Corporation with a sworn certificate by an authorized representative of each business assisted under this Agreement certifying the number of full-time permanent employees employed by the business. Page 3 of 9 Agreement Del Mar.docx f. Del Mar shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 6. Reports and Monitoring. a. Del Mar shall provide a report at the end of each semester or summer session certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, Del Mar employer Quarterly Reports, or employee rosters and other reports listed below: i. number of interns ii. name of companies using interns iii. intern duties iv. whether the intern received a job at that company v. whether the intern received a job in the area. b. Del Mar, during normal working hours shall allow the Corporation and its designee, Corpus Christi Regional Economic Development Corporation, reasonable access to Del Mar's employment records and books, to verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 7. Warranties. Del Mar warrants and represents to Corporation the following: a. Del Mar is a Texas institution of higher education duly organized, validly existing, and in good standing under the laws of the State of Texas, and further has all institutional power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Del Mar has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Del Mar has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Del Mar has received a copy of the Act, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of Del Mar are duly authorized to execute this Agreement on behalf of Del Mar. f. Del Mar does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Del Mar is convicted of a violation under §U.S.C. Section 1324a(f), Del Mar shall repay the payments at the rate Page 4 of 9 Agreement Del Mar.docx and according to the terms as specified by City Ordinance, as amended, not later than the 120th day after the date Del Mar has been notified of the violation. 8. Compliance with Laws. Del Mar shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non -Discrimination. Del Mar covenants and agrees that Del Mar will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Del Mar are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Del Mar are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Del Mar may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law Del Mar covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees, against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Del Mar activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. Del Mar must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to lndemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default by Del Mar. The following events constitute a default of this Agreement by Del Mar: a. The Corporation or City determines that any representation or warranty on behalf of Del Mar contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made. b. Any judgment is assessed against Del Mar or any attachment or other levy against the property of Del Mar with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. Page 5 of 9 Agreement Del Mar.docx c. Del Mar makes an assignment for the benefit of creditors. d. Del Mar files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by Del Mar become delinquent, and Del Mar fails to timely and properly follow the legal procedures for protest or contest. f. Del Mar changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. 14. Notice of Default. Should the Corporation or City determine that Del Mar is in default according to the terms of this Agreement, the Corporation or City shall notify Del Mar in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Del Mar to cure the event of default. 15. Results of Uncured Default by Del Mar. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Del Mar, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period: a. Del Mar shall immediately repay all funds paid by Corporation to them under this Agreement. b. Del Mar shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Del Mar of all sums due, the Corporation and Del Mar shall have no further obligations to one another under this Agreement. d. Neither the City, the Corporation, nor Del Mar may be held liable for any consequential damages. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Del Mar's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Del Mar is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time Page 6 of 9 Agreement Del Mar.docx avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Del Mar specifically agrees that Corporation shall only be liable to Del Mar for the actual amount of the money grants to be conveyed to Del Mar, and shall not be liable to Del Mar for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Del Mar to be accompanied by all necessary supporting documentation. 18. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 19. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar: Del Mar College Attn: President 101 Baldwin Corpus Christi, Texas 78404 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 Page 7 of 9 Agreement Del Mar.docx c. Notice is effective upon deposit in the United States mail in the manner provided above. 20. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines"), as amended, are incorporated into this Agreement. 21. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 22. Relationship of Parties. In performing this Agreement, both the Corporation and Del Mar will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 23. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 24. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 25. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 26. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Del Mar. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 27. Survival ofterms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 13.a and b shall survive the termination of this Agreement. Page 8 of 9 Agreement Del Mar.docx APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: President Date: Attest: By: Rebecca Huerta Assistant Secretary Del Mar College By: Dr ark Escamilla, Ph.D President Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Escamilla, Ph.D, for Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. . , 2016, by Dr. Mark No ary Public State of Texas Page 9 of 9 Agreement Del Mar.docx DEUA 6. PERU • , Notary Public, State of Texas My Commission Expire 2/10/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: FROM: November 15, 2016 Margie C, Rose, City Manager Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Resolution approving Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program CAPTION: Resolution approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide a grant up to $48,490 for their Procurement Technical Assistance Center (PTAC) to assist small businesses. PURPOSE: Approve a Type A Grant for Del Mar for their Procurement Technical Assistance Center program for calendar year 2017 BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with CCAD to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for $48,490 to hire a full-time person to help in the PTAC planning room. PTAC has been funded since 2014. The Board has funded PTAC since 2012. During that time PTAC has helped 276 companies. These companies have been awarded $21,904,800 in orders and they have also added 125 fulltime employees. The Board of Directors of the Corpus Christi regional Economic Development Corporation recommended approval during their August 11, 2016 meeting. The Type A Board approved the grant at their November 14, 2016 meeting. ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 48,490 48,490 Encumbered / Expended Amount This item 48,490 48,490 BALANCE 0 0 Fund: 1140 Type A Small Projects Comments: This item was approved in the Type A Small Business budget RECOMMENDATION: Staff recommends approval of a grant of $48,490 for PTAC for the calendar year 2017. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 RESOLUTION Approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $48,490 for their Procurement Technical Assistance Center (PTAC) to assist small businesses. WHEREAS, the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar for their Procurement Technical Assistance Center program within the City will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentives agreement for a PTAC program between the Type A Corporation and Del Mar; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentives agreement for business development between the Type A Corporation and Del Mar for their Procurement Technical Assistance Center program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED: day of , 2016. Corpus Christi, Texas @BCL@C805156D Dan McQueen Mayor Page 2of2 of , 2016 The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn @BCL@C8051 56D SMALL BUSINESS INCENTIVES AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND DEL MAR COLLEGE FOR DEL MAR COLLEGE'S PROCUREMENT TECHNICAL ASSISTANCE CENTER This Small Business Incentives Agreement for ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and Del Mar College, a Texas institution of higher learning ("Del Mar"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WI-JEREAS, the Board of Directors of the Corporation ("Board"), on August 17, 2015, amended the Corporation's Guidelines and Criteria for Granting Business Incentives ("Type A Guidelines"), which the City Council approved on September 15, 2015; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that small business development funds be provided to Del Mar, through this Agreement with Del Mar, to be used by Del Mar, which seeks to create at least one new job for every $50,000 in contracts awarded to businesses within the City who are awarded contracts with Federal, State, or local agencies through Del Mar College's Procurement Technical Assistance Center's activities; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Del Mar agree as follows: Page 1 of 9 Agreement PTAC.docx 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement. 2. Term. a. The term of this Agreement is for one year from January 1, 2017, through December 31, 2017. b. This Agreement may be extended at the option of the Corporation for up to two additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Performance Requirements and Grants. DEL MAR shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. The grant shall not to exceed $48,490. The Corporation will pay the grant to DEL MAR as invoices are received. DEL MAR will display signage that states that they are recipients of Type A funding. This signage will be provided to DEL MAR by the Board and will be displayed in a location that is visible to a visitor to their facility. 4. Utilization of Local Contractors and Suppliers. DEL MAR agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. DEL MAR agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of DEL MAR to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if DEL MAR is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 5. Utilization of Disadvantaged Business Enterprises ("DBE"). DEL MAR agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. DEL MAR agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. DEL MAR agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the Page 2 of 9 TypeAAgreement_forPTAC2017.docx efforts of DEL MAR to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if DEL MAR is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 6. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 7. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. 8. Warranties. DEL MAR warrants and represents to Corporation the following: a. Del Mar is a Texas institute of higher learning duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. DEL MAR has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. DEL MAR has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. DEL MAR has access to the Texas Development Corporation Act, Title 12, Subtitle C1 (Chapters 501 — 507), Texas Local Government Code, on the State's website, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of DEL MAR is duly authorized to execute this Agreement on behalf of DEL MAR. Page 3 of 9 Agreement PTAC.docx f. DEL MAR does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, DEL MAR is convicted of a violation under §U.S.C. Section 1324a(f), DEL MAR shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date DEL MAR has been notified of the violation. 9. Compliance with Laws. During the Term of this Agreement, DEL MAR shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 10. Non -Discrimination. DEL MAR covenants and agrees that DEL MAR will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 11. Force Majeure. If the Corporation or DEL MAR are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or DEL MAR are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Assignment. DEL MAR may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 13. Indemnity. DEL MAR covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against al! liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with DEL MAR activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or al! of the Indemnitees. DEL MAR must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. Page 4 of 9 Agreement PTAC.docx 14. Events of Default by DEL MAR. The following events constitute a default of this Agreement by DEL MAR: a. The Corporation or City determines that any representation or warranty on behalf of DEL MAR contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against DEL MAR or any attachment or other levy against the property of DEL MAR with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. DEL MAR makes an assignment for the benefit of creditors. d. DEL MAR files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. e. If taxes owed by DEL MAR become delinquent, and DEL MAR fails to timely and properly follow the legal procedures for protest or contest. f. DEL MAR changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. DEL MAR fails to comply with one or more terms of this Agreement. 15. Notice of Default. Should the Corporation or City determine that DEL MAR is in default according to the terms of this Agreement, the Corporation or City shall notify DEL MAR in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for DEL MAR to cure the event of default. 16. Results of Uncured Default by DEL MAR. After exhausting good faith attempts to address any default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of DEL MAR, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. DEL MAR shall immediately repay all funds paid by Corporation to them under this Agreement. b. DEL MAR shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. Page 5 of 9 Agreement PTAC.docx c. Upon payment by DEL MAR of all sums due, the Corporation and DEL MAR shall have no further obligations to one another under this Agreement. 17. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of DEL MAR's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time DEL MAR is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 18. DEL MAR specifically agrees that Corporation shall only be liable to DEL MAR for the actual amount of the money grants to be conveyed to DEL MAR, and shall not be liable to DEL MAR for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting partiesgrant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from DEL MAR to be accompanied by all necessary supporting documentation. 19. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. Page 6 of 9 Agreement PTAC.docx 20. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Del Mar College: Del Mar College Procurement Manager 101 Baldwin Blvd Corpus Christi, Texas 78404-3897 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 21. Incorporation of other documents. The Type A Guidelines, as amended, are incorporated into this Agreement. 22. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 23. Relationship of Parties. In performing this Agreement, both the Corporation and DEL MAR will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 24. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. Page 7 of 9 Agreement PTAC.docx 25. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 26. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 27. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and DEL MAR. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 28. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) Page 8 of 9 Agreement PTAC.docx APPROVED AS TO FORM: day of , 2016. Assistant City Attorney For City Attorney Corpus Christi Business & Job Development Corporation By: Date: Attest: By: President Rebecca Huerta Assistant Secretary Del Mar College—Corpus Christi By: Date: r7D' Escamilla, Ph.D. President THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on AUOI 051- /c9–) , 2016, by Dr. Mark Escamilla, Ph.D., President, Del Mar College, a political subdivision of the State of Texas, on behalf of the college district. Notary Public State of Texas Page 9 of 9 Agreement PTAC.docx DRIA G. PEREZ Notary Public, State of Texas My Commission Expires 12/10/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: Margie C. Rose, City Manager November 16, 2016 FROM: Mike Culbertson, COO CCREDC (361) 882-7448 mculbertson@ccredc.com Approving the revisions to the Type A Business Incentive Guidelines to create provision for Industry Internships CAPTION: Resolution adopting Amended Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives. PURPOSE: Approval of the Type A guidelines as required by the statute BACKGROUND AND FINDINGS: The Corpus Christi Business and Job Development Corporation (Type A Board) is charged with determining how the economic sales tax is used to increase economic development in the city. The Board has approved grants to educational institutions to support job training for certain skills such as aviation and process technology. On September 19, 2016 the Type A Board asked staff to determine what would be required to support those job training skills. The internship programs at Del Mar College and at Texas A&M University — Corpus Christi currently supports small businesses by providing students to work in local businesses in their field of study. This helps the students by getting practical experience and it helps the businesses by paying for some of the wages to get an intern and the businesses can see the quality of students available. The program is intended to train students in local jobs so they will remain here after graduation. The business pay $7.25/hour and Type A funds pays $5.00/hour. These programs are administered under the small business assistance part of the Type A Guidelines. The process technology and the aviation internships are not available in small businesses. The only way to accommodate the larger companies would be to amend the guidelines and add an internship program in the job training section. This section deals with the requirements of a training program must meet to receive a grant. Some of these requirements include: — job skills must be needed in the region as determined by WorkForce Solutions — the entity must match the grant in cash — the grant must be used for construction and/or equipment, not operating expenses The revisions to the section include: — adds many of the requirements from the small business internship program it removes 50% match and the construction requirement it keeps the requirement to be a needed job skill applications must still be through a training program to the EDC Board then to the Type A Board the agreement will be between the Type A Corporation and the training program The Board of Directors of Corpus Christi Regional EDC recommended approval of this change to the Type A Board at their November 10th meeting. Type A Board approved the amended guidelines at their November 14, 2016 Board meeting. ALTERNATIVES: Council may decide not to alter the Type A guidelines OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Corpus Christi Business and Job Development Corporation (Type A Board) 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 Encumbered / Expended Amount This item BALANCE RECOMMENDATION: Staff recommends approval of the revisions to the Type A guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution Draft Guidelines Page 1 of 2 RESOLUTION ADOPTING AMENDED CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION GUIDELINES AND CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, in 2003, the City Council approved the original Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation, a Type A Corporation (" the Corporation") for the expenditure of sales tax money approved in 2002 by the voters of the City of Corpus Christi for jobs, job training, and business development; WHEREAS, in 2015 the City Council last amended these Guidelines, and the Corporation has forwarded its recommendation that they be amended again to address concerns related to the use of funds to support internships in growing industries in the City of Corpus Christi; and WHEREAS, the City Council believes that it is in the best interest of the City of Corpus Christi that these guidelines be amended as recommended by the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi finds that it is advisable for the reasons stated above for the Corporation to adopt the Amended Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation, attached to this Resolution and incorporated herein for all purposes; SECTION 2. The City Council approves the form and the substance of Guidelines and Criteria for Granting Business Incentives for the Corpus Christi Business and Job Development Corporation. This resolution takes effect upon City Council approval on this the day of , 2016. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary @BCL@B805C0B8 Dan McQueen Mayor Page 2of2 APPROVED: day of , 2016. Corpus Christi, Texas of , 2016 The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn @BCL@B805C0B8 CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of new primary jobs in Corpus Christi would enhance the City's economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract new jobs and business; and, WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle 01, Title 12, Texas Local Government Code, ("the Act"), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ("City") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to ensure the knowledge and skills required for the jobs of the future are in place. b) Business Developmont/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds would be available to both existing and new companies. WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the City's Section Type A board of directors (Corpus Christi Business and Job Development Corporation Board); and, WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; 1 NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi Business and Job Development Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. (a) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the "Corporation" for the purposes of granting business incentives. (b) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (c) "Board" means the Corpus Christi Business and Jobs Development Corporation Board (Section 4A Board) as established by "City" Resolution 024233 and pursuant to the "Act". (d) "Business Incubator" means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on- site business consulting, workshops, enterprise facilitation, and business management seminars. (e) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an "existing facility" or construction of a "new facility." It does not mean or include "deferred maintenance". (f) "City" means the City of Corpus Christi, Texas. (g) "CCREDC "means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (h) "Corporation" means the City of Corpus Christi Business and Job Development Corporation established by "Cityesolution 024233. (i) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) "Economic Driver" means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50 -mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (k) "Economic Life" means the number of years a property improvement is expected to be in service in a "facility". (I) "Executive Director" means the chief executive officer for the "Corporation," or his/her designated representative. 2 (m) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (n) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (o) "Jobs" means employment of a full time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (p) "Living wage" means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q) "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance". (r) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization". (s) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. (t) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. (u) "Primary Employer" means a business in which at least 50% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two -digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 50% of its non -retail goods and/or services to local primary employer(s) that are located within a 50 mile radius away. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50 -mile radius of the region. The inability of a company to satisfactorily document the "primary" nature of the jobs shall be deemed ineligible for this incentive agreement payments. (v) "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. 3 (w) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 -mile radius of Nueces County. (x) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 -mile radius of Nueces County. (y) "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (z) "Retention" means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (aa) "Small Business" means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (ab) "Small Business Primary Employer" means a primary employer that employs 49 or less full time permanent jobs at the time of application and complies with the requirement(s) set forth under "Definitions" letter (u). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the creation of jobs which expand the City tax base and economy through granting business incentives which assist in the retention, expansion and recruitment of Primary Employers. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base an economy; • Strengthen and diversify Primary Employers within the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City's economic development efforts. CCREDC shall be responsible for accepting and processing all Type A incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applications filed with CCREDC that meets the qualifying standards of the Type A Program, and provided funds allocated and budgeted are available, will be forwarded to the Type A Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. 4 (d) In order to achieve a balance of the types of uses of Type A funds the following allocation shall be allotted: 50% of total for Business Incentives; 15% for Small Business Assistance programs and 35% of total for Education/Skills Development. As a best practice the Board may choose to stay within these percentages to ensure balance in the fund projects. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; • job training grants/loans; • business incubation activities; and • Projects located in a tax increment reinvestment zone will be given 'reference. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): 5 • when a certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net new jobs, the following matrix shall be considered as a guiding principal for incentive reviews. New Gross Payroll Incentive per New Job for employees, leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per new job A maximum of $750 per net new job* $30,000 to $40,000 per new job $751 to $5,000 per new job* $40,001 to $50,000 per new job $5,001 to $10,000 per new job* >$50,000 per new job $10,001+ per new job* *up to, or not -to -exceed amounts, based on projected economic impact report and CCREDC staff recommendations. (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net new jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five-year period. Companies creating over 50 net new jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net new jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net new jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement wher::a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a "game changer" deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed time of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 12 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. 6 (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board shall budget a separate allocation for funding all small business start-up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. ghese programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. 7 (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution's actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. (h) Grants for internships made through the Education/Skills Development portion of the sales tax fund must meet following requirements: • Requests must be made through the application process adopted for all other business applicants. • The internships must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. • The companies using interns must pay a portion of the wage and applicable FICA payroll tax portion Abe • The internship must be through an approved acami dc or training program • The grant agreement will be with that academic or training program. • The grant recipient must implement a program to educate companies that can make use of interns, of the program specifics and how those companies may participate. Section 9. Universal Regrements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two O years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51 % of the jobs created during the term of the Agreement are held by residents of the City. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive program, the job should provide a "living wage" for the employee. The target living wage under this abatement program is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to 8 adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. (d) Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner - provided or owner affiliate -provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within the 50 -mile radius of Leopard Street and Staples Street intersection. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises, in the construction of elements of the Project that are not owner -provided or owner affiliate -provided. In order to qualify as a business enterprise under this provision, the fid., must be certified by the City, the Regional Transportation Authority or another governmental intity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the otal dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner -provided or owner affiliate -provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 -mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker's compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. 9 Section 10. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDC. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: • a general description of proposed Capital Investments to the Facility; • a descriptive list of the improvements or program for which business incentives are requested; • a list of the kind, number and location of all proposed improvements of the property; • a map and property description; and, • a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Stud After receipt of a completed application, the President of the CCREDC shall cause to be performed an economic impact report. This report may be completed by CCREDC (or its consultant) using established accepted economic impact models such as IM PLAN, RIMS II, EMS!, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation. The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. The applicant shall provide to the Corporation, or the Corporation's appointed agent, the last three years of financial statements—company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant. After receipt of the financial statements, the President of the CCREDC may cause a financial review to be performed. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. Section 11. Approval. 10 (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantees based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. Section 12. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninety (90) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within ninety (90) days from date of receipt will result in the Agreement being null and void and of no effect. Section 13. Recapture. (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall 11 determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with new job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so -shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporatif°This written explanation, and any legitimate reasons for delay, will te,taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 14. Administration. (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24 -hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or 12 operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify or Cancel. Notwithstanding anythirfg herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 15. Waivers/Variances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Articles of Incorporation, By-laws, Ordinance 024952, and the Act. 13 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: December 13, 2016 TO: Margie C. Rose, City Manager FROM: Dan Grimsbo, Interim Director of Utilities DanG c(�cctexas.com (361) 826-1718 Wesley Nebgen, Asst. Director -Maintenance of Lines WesleyN c(�cctexas.com (361) 826-3111 Maria Pedraza, Procurement Manager mariape(c�cctexas.com (361) 826-3176 Purchase of Neptune Water Meters CAPTION: Motion approving a supply agreement with Neptune Technology Group, Inc., of Houston, Texas for water meters for a total amount of $743,691.19, of which $557,769 has been budgeted in the Water Fund for FY2016-17, and which award is based on the cooperative purchasing agreement with the Houston -Galveston Area Council for a term of one year with an option to extend for up to one additional eight-month period. PURPOSE: This item is to approve the purchase of Neptune Water Meters for the Utilities Department. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 96,000 metered water connections with additional new service connections being added daily. These connections, whether as part of a new connection or regular maintenance, require the installation of components allowing the accurate measurement of water usage. The value in accurate reporting of water usage is illustrated in both operational planning and collection of revenues. The City of Corpus Christi has been utilizing Neptune meters as part of normal operating practices due to their cost, accuracy, warranty and integration with our current automatic meter infrastructure (AMI). Based on historical numbers, the City of Corpus Christi invests approximately $750,000 dollars in meters and associated components every year in an effort to maintain operational and fiscal efficiencies. ALTERNATIVES: The equipment identified is the optimum choice. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department - Water FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $938,112.57 $185,922.19 $1,124,034.76 Encumbered / Expended Amount $73,708.22 $0.00 $73,708.22 This item $557,769.00 $185,922.19 $743,691.19 BALANCE $306,635.35 $0.00 $306,635.35 Fund(s): Water Comments: The initial contract term total is $743,691.19, of which $557,769.00 will be funded in FY2016-2017. The total contract expenditure will be up to $743,691.19 annually. Funding for the purchase has been approved in the FY 2016-2017 budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement- Neptune Water Meters Price Sheet SUPPLY AGREEMENT NO. 983 Water Meters for Utilities Department THIS Water Meters for Utitities Department Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Neptune Technology Group, Inc. ("Supplier"), effective for all purposes upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Water Meters for Utilities Department in response to Request for Bid No. n/a ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. 1. NOW, THEREFORE, City and Supplier agree as follows: Scope. Supplier will provide Water Meters for Utilities Department 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to one additional eight-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 Supplier and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $743,691.19, subject to approved extensions and changes. Payment will be made for goods delivered 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 Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 1 of 7 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: Bruce Short Department: Utilities Maintenance of Lines Phone: 361-826-1221 Email: BruceS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier 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. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier 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 Supplier City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 2 of 7 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 Supplier 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 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. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, 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 Supplier and its employees had performed the work. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 3 of 7 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 Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 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: Bruce Short Title: Work Coordinator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Fax: 361-826-1715 IF TO SUPPLIER: Neptune Technology Group, Inc. Attn: Rex Baxter Title: Senior Territory Manager Address: 1600 Alabama Highway 229 Tallassee, Alabama 36078 Fax: 334-283-7293 17. SUPPLIER 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 City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 7 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. SUPPLIER 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 SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier'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 Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier 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 Supplier, 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 Supplier 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. City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 7 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 Supplier's bid response (Exhibit 2) 22. Certificate of Interested Parties. Supplier 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) City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1 /16 Page 6 of 7 SUPPLIER Signature: /2.--7' 'a2 Printed Name: Rex Baxter Title: Senior Territory Manager Date: 11/21/16 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. n/a Exhibit 2: Supplier's Bid Response City of Corpus Christi Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 7 Attachment A: Scope of Work Supply Water Meters and associated catalog parts as per HGACBUY Contract WM08-1 6. Attachment B: Bid / Pricing Schedule INACBuyCONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract No.: WM08-16 Date Prepared: 11,32016 This Worksheet is MUST be prepared by Contractor and given to End User. If a PO is issued, both documents faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. B°y1°g Agency: City of Corpus Christi, Texas contractor: Neptune Technology Group, Inc. contact Person: Joanna Moreno Prepared By: Rex Baxter Phone: 361-826-1649 Phone: 281-794-4267 Fax: Fax: Email: joannam@cctexas.com Email: rbaxter@neptunetg.com Catalog iPrice sheet Name. Neptune PL -33 price sheet General Description of Product: Water Meters (T -10's and HPT's) A. Catalog / Price Sheet Item being purchased - Itemize Below - Attach Additional Sheet If Necessary Quan Description Unit Pr Total 1000 ED2D21R7G8S358 3/4" t-10 METER $ 84.93 $ 84,930.00 250 ED2F21R7G8S358 1" t-10 METER $ 125.66 $ 31,415.00 100 ED2H11R7G8S358 11/2" t-10 METER $ 294.55 $ 29,455.00 125 ED2J11R7G8S358 2" t-10 METER $ 376.73 $ 47,091.25 100 ET4HR7G8S358 11/2" HPT $ 436.68 $ 43,668.00 125 ET4AR7G8S358 2" HPT $ 457.36 $ 57,170.00 100 ET4BR7G8S358 3" HPT $ 641.72 $ 64,172.00 50 ET4CR7G8S358 4" HPT $ 836.83 $ 41,841.50 20 ET4DR7G8S358 6" HPT $ 1,354.51 $ 27,090.20 10 ET4ER7G8S358 8" HPT $ 1,741.52 $ 17,415.20 5 ET4FR7G8S358 10" HPT $ 3,003.55 $ 15,017.75 500 R72G12S358 5/8" PRO -READ REGISTER $ 45.11 $ 22,555.00 1000 R72G22S358 3/4" PRO -READ REGISTER $ 45.11 $ 45,110.00 1000 R72G32S358 1" PRO -READ REGISTER $ 45.11 $ 45,110.00 500 R72G42S358 11/2" t-10 PRO -READ REGISTER $ 45.11 $ 22,555.00 500 R72G52S358 2" t-10 PRO -READ REGISTER $ 45.11 $ 22,555.00 500 R75G12S358 2" HPT PRO -READ REGISTER $ 45.11 $ 22,555.00 200 R75G22S358 3" HPT PRO -READ REGISTER $ 45.11 $ 9,022.00 100 R75G32S358 4" HPT PRO -READ REGISTER $ 45.11 $ 4,511.00 50 R75G52S358 6" HPT PRO -READ REGISTER $ 45.11 $ 2,255.50 50 R75G62S358 8" HPT PRO -READ REGISTER $ 45.11 $ 2,255.50 50 R75G02S358 10" HPT PRO -READ REGISTER $ 45.11 $ 2,255.50 3 EC3BR7G8S358 3" Compound $ 1,542.00 $ 4,626.00 3 EC3CR7G8S358 4" Compound $ 2,078.00 $ 6,234.00 3 EC3DR7G8S358 6" Compound $ 3,490.00 $ 10,470.00 5 53107-000 3" strainer $ 551.00 $ 2,755.00 5 53107-100 4" strainer $ 663.00 $ 3,315.00 4 51000-201 6" strainer $ 1,116.62 $ 4,466.48 3 52000-304 8" strainer $ 2,040.06 $ 6,120.18 3 52000-402 10" strainer $ 3,419.71 $ 10,259.13 10000 12482-002 Installation Kit $ 3.50 $ 35,000.00 2000 9601-001 Register Seal Pins $ 0.22 $ 440.00 Use Additional Sheet if all Option will not fit on this sheet. Include Total From Other Sheets, If Any: Subtotal A: $743,691.19 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total :Name of Unpublished Options (Items that were not include in bid submittal)0 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction the percentage is: 0°0 C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Trade -In 0 Freight 0 Special Discount 0 Subtotal C: 0 Delivery Date: 30 days ARO D. Total Purchase Price (A+B+C): $743.691.19 Attachment C: Insurance / Bond Requirements No Insurance and Bond requirements are required for the supply agreement Attachment D: Warranty Requirements Neptune T-10, HP Turbine, TRU/FLO® Compound Cold Water Meters Warranty 1. Terms of Limited Warranty. ARB® UTILITY MANAGEMENT SYSTEMS"' With respect to its Neptune T-10, HP TURBINE, TRU/FLO Compound Water Meters (collectively the "Water Meters"), Neptune Technology Group Inc. ("Neptune") warrants the following on meters sold on or after 11/1/92: The Water Meters will be, at the later of (i) the date of original purchase from Neptune or (ii) the date of original shipment from Neptune -authorized distributor of Water Meters (that later date is referred to as "the Date of Shipment") and will remain for a period of eighteen (18) months from the Date of Shipment, or twelve (12) months from date of installation, whichever comes first, free from manufacturing defects in workmanship and material. (a) Maincase. The no -lead high copper alloy or Brass maincase of the Water Meters will be at the Date of Shipment free from manufacturing defects in workmanship and material for the life of the Water Meter. (b) Frost Protection. All Neptune T-10 Cold Water Meters shipped with a synthetic polymer or cast iron bottom cap will, commencing upon the Date of Shipment, be warranted against chamber damage for a period of ten (10) years. (c) Registers. Standard, roll sealed registers of the Water Meters will be at the Date of Shipment, and shall remain for the following periods, free from manufacturing defects in workmanship and material for a period of ten (10) years. The ARB®, ProRead" (ARB VI), and E -Coder® (ARB VII) system registers are warranted for ten (10) years from Date of Shipment. All ProRead encoder receptacles shipped after January 1, 2001 shall be warranted for five years from the Date of Shipment. All other components and parts are covered under Neptune's standard one-year material and workmanship guarantee. (d) Meter Accuracy for Neptune T-10. Neptune T-10 Meters and Neptune T-10 nutating disc chambers in TRU/FLO Compound Water Meters are warranted to meet or exceed, as listed herein, accuracy standards of the AWWA Standard C700-95 for a period of: (i) five (5) years from Date of Shipment for 5/8", 3/4" and 1" meters; (8) for a period of two (2) years from the Date of Shipment for 1 1/2" and 2" meters; or (iii) the applicable registration shown below, whichever occurs first. Neptune further guarantees that the Neptune T-10 and Neptune T-10 nutating disc chambers in TRU/FLO Compound Water Meters will perform to at least Repaired Meter Accuracy Standards, according to AWWA Manual M-6 Chapter 5 (1999) Table 5.3 for an additional ten (10) years or the registration shown below, whichever occurs first. (e) Meter Accuracy for HP Turbine and TRU/FLO. The HP Turbine and TRU/FLO Compound Cold Water Meters will perform, for a period of one (1) year from the Date of Shipment, to American Water Works Association ("AWWA") accuracy standards for new water meters. SIZE EXTENDED LOW FLOW ACCURACY NEW METER ACCURACY REPAIRED METER ACCURACY & %"x'/" %a US gpm @ 95% 5 years or 500,000 gallons 500,000 gallons 1,500,000 gallons US gpm @ 95% 5 years or 750,000 gallons 750,000 gallons 2,250,000 gallons 1., a US gpm @95 % 5 years or 1,000,000 gallons 1,000,000 gallons 3,000,000 gallons 1 ,/„ / US gpm @ 95% 2 years or 1,600,000 gallons 1,600,000 gallons 5,000,000 gallons 2., 1 US gpm 95% 2 years or 2,700,000 gallons 2,700,000 gallons 8,000,000 gallons W METER 0911 CN) NEPTUNE TECHNOLOGY GROUP INC. ISO 9001 2. Warranty Return. If a Neptune Water Meter fails an accuracy test during an applicable warranty period, it may be returned to Neptune for repair or replacement at Neptune's option. An accuracy test shall be conducted by the customer according to AWWA standards. Any meter being returned for repair to Neptune under this performance guarantee must be returned with a copy of the customer's test results. If the meter is returned to Neptune without a copy of the test results or if Neptune's factory test shows the meter to meet current AW WA standards, the customer will be charged a nominal testing fee by Neptune in such cases. Neptune will repair or replace the meter at Neptune's option after the meter has been tested by Neptune. Meters repaired or replaced under the performance guarantee will be guaranteed to perform to AWWA repaired meter accuracy standards. 3. Warranties are exclusive. The warranties set forth in this certificate of warranty are in lieu of any other warranty, guarantee, or representation, whether expressed or implied, including without limitation, the warranty of merchantability and the warranty of fitness for a particular purpose. 4. Damages limited to costs of replacement and repair. If the Water Meter fails to meet the warranties set forth in Paragraph 1 of this Certificate of Warranty, Neptune, at its option shall, without charge of labor or materials, repair or replace the Water Meter or part thereof, provided that (a) the Water Meter is delivered to a Neptune representative, (b) the Water Meter is accompanied by a Return Material Authorization (RMA), and (c) all costs of delivery to Neptune are assumed by the purchaser of the Water Meter. Neptune's liability is limited to its costs of replacement and repair of the defective water meter. Damages resulting from miscalculation of water usage or lost revenue or profit are not recoverable from Neptune. It is the responsibility of the customer to periodically verify the operation and accuracy of its meters. 5. Warranties are inapplicable under certain conditions. The warranties set forth in this Certificate of Warranty do not apply to any Water Meter that has been damaged by, or subjected to, conditions which, in the opinion of Neptune, have affected the Water Meter's ability of performance, including but not limited to: misuse; improper handling, application or installation; excessive operating conditions; foreign materials in the water; aggressive water conditions; tampering or unauthorized repairs or modifications; accidental or intentional damage; acts of God. This Certificate of Warranty shall not apply if product is placed in non - recommended installation, is connected or altered by other than Neptune recommended procedures, is used with other than genuine Neptune meter registers and components, or read by equipment not approved or licensed by Neptune. Neptune makes no claims concerning operability and/or compatibility or third party reading systems. In addition, this Certificate of Warranty shall not apply if third party reading equipment is believed to have caused damage to the meter or register. In order to determine its liability, if any, under this Certificate of Warranty, Neptune shall have the right to inspect any Water Meter or part thereof that is claimed to be defective at Neptune or other location designated by Neptune. NEPTUNE'S LIABILITY WITH RESPECT TO BREACHES OF THE FOREGOING LIMITED WARRANTY SHALL BE LIMITED AS STATED HEREIN. NEPTUNE'S LIABILITY SHALL IN NO EVENT EXCEED THE PURCHASE PRICE. NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE, OR ANY UNDERTAKINGS, ACT OR OMISSIONS RELATING THERETO, AND (3) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL, MULTIPLE, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER. CN) W METER 09.11 NEPTUNE TECHNOLOGY GROUP INC. ISO 9001 ProReadTM/E-Coder® Encoder Warranty StatementRRa® Products Covered This warranty shall apply to both the ProRead Absolute Encoder and E -Coder Solid State Absolute Encoder Registers, hereinafter referred to as "Product," sold by Neptune Technology warranty is extended only to utilities, municipalities, other commercial users, and authorized distributors, hereinafter referred to as "Customer," and does NOT apply to consumers. Materials and workmanship Neptune Technology Group Inc. ("Neptune") warrants that the product shall be free from defects in manufacture and design for a period of ten (10) years from the date of shipment the "Warranty Period") when installed, serviced and operated according to Neptune's instructions. Neptune shall not be responsible for any defects in the product (whether due manufacture, or otherwise) which manifest themselves after the expiration of the Warranty Period. Neptune will repair or replace a non-performing product free of charge for ten Warranties are inapplicable under certain conditions This warranty does not include field replacement labor or materials costs, which are the responsibility of the Customer. This warranty does not apply if product is placed in installations; may have been repaired with parts not recommended by Neptune; is converted, altered or connected by other than Neptune recommended procedures; is used with Neptune components or read by equipment not approved or licensed by Neptune; or damaged due to improper care or maintenance, or improper periodic testing (please refer to guide). This warranty does not apply to any Product that has been damaged by, or subjected to, conditions which, in the opinion of Neptune, have affected the Product's ability of performance, but not limited to: misuse; improper handling; application or installation; excessive operating conditions; tampering or unauthorized repairs and modifications; accidental or intentional of God. In no event shall Neptune be liable for special, incidental, indirect or consequential damages, including, without limitation, lost revenue. THE ABOVE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY NEPTUNE WITH RESPECT TO THE PRODUCT. ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER LEGALLY OPERATIVE PROVISIONS CONCERNING THE PRODUCT ARE HEREBY EXPRESSLY EXCLUDED. INCLUDING WITHOUT WARRANTY, CONDITION, TERM, AND REPRESENTATION OR OTHER LEGALLY OPERATIVE PROVISION AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PARAGRAPH IS EXPRESSLY INTENDED TO EXCLUDE FROM THIS CONTRACT ALL STATUTORY AND COMMON LAW WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY AMBIGUITY OR MISUNDERSTANDING, ALL PROBLEMS ARISING WITH THE PRODUCT AFTER THIS POINT ARE CUSTOMER'S RESPONSIBILITY. NEPTUNE'S LIABILITY SHALL IN THE PURCHASE PRICE. NEPTUNE SHALL NOT BE SUBJECT TO AND DISCLAIMS THE FOLLOWING: (1) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF WARRANTY; (2) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF TO PRODUCTS SOLD OR SERVICES RENDERED BY NEPTUNE, OR ANY UNDERTAKINGS, ACTS, OR OMISSIONS RELATING THERETO; AND (3) ALL CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, AND PUNITIVE DAMAGES WHATSOEVER. 0 NEPTUNE TECHNOLOGY GROUP INC. W ENCODER Oe 09 MAN' SYSTEMS"" Group (such to design, (10) years. non -recommended other than Encoder damage; LIMITATION, PURPOSE. LAW. TO NO EVENT CONTRACT LAW WITH SPECIAL, GEMENT Inc. The period being materials, genuine quick install including or acts TERMS, ANY THIS AVOID ANY EXCEED OR OF RESPECT MULTIPLE, ISO BOO, „„',u=n,,v,, ® Encoder Compatibility Guarantee ARB Automatic Reading and Billing (ARB®) System (ARB V, ProRead", and E-Coder®) With the purchase of the ARB encoder metering system, Neptune will provide the assurance that the ARB System purchased today can be expanded from reading with Neptune reading with Neptune mobile products and fixed network systems. GUARANTEE OF COMPATIBILITY The Pocket ProReader RF, Advantage Probe, R900°°, E-Coder)R900i', DAP handhelds (PC9300, 9800 & CE5320B) and Neptune mobile systems are designed and built by Neptune. utility compatibility between these systems and the ARB encoder registers. For Probed Reads: When reading ARB encoders with the Pocket ProReader RF, Advantage Probe, or DAP handhelds (PC9300, 9800 and CE5320B), Neptune guarantees that the meter will match the mechanical odometer reading, or Neptune will pay the difference at the rate currently in force. For RF Reads: When reading ARB encoders connected to an R900 where the R900 reads a ProRead or ARB V encoder hourly, or in the case of E-Coder where the R900 reads the minutes, Neptune guarantees the encoder reading and the remote reading will match upon manual activation of the R900 with a magnet to force an immediate read and transmission. the E-Coder)R900i where the R900 transmission is updated every 15 minutes, Neptune will guarantee the encoder reading and remote reading to match upon this update. If the the handheld device is less than the odometer reading, Neptune will pay the difference at the rate currently in force. Damage Guarantee The Pocket ProReader RF, Advantage Probe, R900, E-Coder)R900i, DAP handhelds (PC9300 & 9800, CE5320B) and Neptune mobile systems are warranted against causing damage register during interrogation. If it is found that the Pocket ProReader RF, Advantage Probe, 8900, DAP handhelds (PC9300 & 9800, CE5320B) or Neptune mobile systems caused encoder register during interrogation, Neptune will either repair or replace the register at no charge to the utility. UTILITY MANAGEMENT SYSTEMS"" handheld This guarantees reading E-Coder In electronic to any damage 1600 Alabama shall be the without a will repair repaired (0) or five 8900 with to individual Neptune devices to the obtained every 15 the event of reading on ARB encoder to an ARB Hwy. conducted test. Any copy of the or replace meter or defective. (5) when a magnet system shall not If there are any questions concerning this Meter & Reading Information Systems Guarantee, please write to: Manager of Consumer Relations, Neptune Technology Group Inc., 229, Tallassee, Alabama 36078. If a Neptune water meter fails an accuracy test during an applicable warranty period, it may be returned to Neptune for repair or replacement at Neptune's option. An accuracy test by the customer according to AWWA standards. If foreign material causes the meter not to perform appropriately, all such materials shall be removed prior to the customer conducting meter being returned for repair to Neptune under this performance guarantee must be returned with a copy of the customer's test results. If the meter is returned to Neptune test results or if Neptune's factory test shows the meter to meet current AWWA standards, the customer will be charged a nominal testing fee by Neptune in such cases. Neptune the meter at Neptune's option after the meter has been tested by Neptune. Meters repaired or replaced under the performance guarantee will be guaranteed to perform to AWWA accuracy standards. This guarantee is void if components have not been maintained or installed according to Neptune installation and maintenance guidelines, or are otherwise damaged The accuracy guarantee will not apply where a properly formatted electronic meter reading cannot be obtained on six digit encoders. The last digit will be displayed only as a zero read remotely. As part of the encoder technology, the electronic reading from the R900 is guaranteed to match the reading on the encoder register upon manual activation of the to force an immediate read and transmission (one per hour). System damage as a result of vandalism or acts of God are not covered. Additional warranties may also apply components. Neptune's liability with respect to breaches of the foregoing warranty shall be limited as stated herein. Neptune's liability shall in no event exceed the purchase price. be subject to and disclaims the following: (1) any other obligations or liabilities arising out of breach of contract or of warranty; (2) any obligations whatsoever arising from tort claims (including negligence and strict liability) or arising under other theories of law with respect to products sold or services rendered by Neptune, or any undertakings, acts, or omissions relating thereto; and (3) all consequential, incidental, special, multiple, exemplary, and punitive damages whatsoever. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR rN\\ NEPTUNE FITNESS FOR A PARTICULAR PURPOSE. c J W ENCODER sn os TECHNOLOGY GROUP INC. tfl ,,�z�bDk, Attachment B: Bid / Pricing Schedule INACBuyCONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract No.: WM08-16 Date Prepared: 11,32016 This Worksheet is MUST be prepared by Contractor and given to End User. If a PO is issued, both documents faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. B°y1°g Agency: City of Corpus Christi, Texas contractor: Neptune Technology Group, Inc. contact Person: Joanna Moreno Prepared By: Rex Baxter Phone: 361-826-1649 Phone: 281-794-4267 Fax: Fax: Email: joannam@cctexas.com Email: rbaxter@neptunetg.com Catalog iPrice sheet Name. Neptune PL -33 price sheet General Description of Product: Water Meters (T -10's and HPT's) A. Catalog / Price Sheet Item being purchased - Itemize Below - Attach Additional Sheet If Necessary Quan Description Unit Pr Total 1000 ED2D21R7G8S358 3/4" t-10 METER $ 84.93 $ 84,930.00 250 ED2F21R7G8S358 1" t-10 METER $ 125.66 $ 31,415.00 100 ED2H11R7G8S358 11/2" t-10 METER $ 294.55 $ 29,455.00 125 ED2J11R7G8S358 2" t-10 METER $ 376.73 $ 47,091.25 100 ET4HR7G8S358 11/2" HPT $ 436.68 $ 43,668.00 125 ET4AR7G8S358 2" HPT $ 457.36 $ 57,170.00 100 ET4BR7G8S358 3" HPT $ 641.72 $ 64,172.00 50 ET4CR7G8S358 4" HPT $ 836.83 $ 41,841.50 20 ET4DR7G8S358 6" HPT $ 1,354.51 $ 27,090.20 10 ET4ER7G8S358 8" HPT $ 1,741.52 $ 17,415.20 5 ET4FR7G8S358 10" HPT $ 3,003.55 $ 15,017.75 500 R72G12S358 5/8" PRO -READ REGISTER $ 45.11 $ 22,555.00 1000 R72G22S358 3/4" PRO -READ REGISTER $ 45.11 $ 45,110.00 1000 R72G32S358 1" PRO -READ REGISTER $ 45.11 $ 45,110.00 500 R72G42S358 11/2" t-10 PRO -READ REGISTER $ 45.11 $ 22,555.00 500 R72G52S358 2" t-10 PRO -READ REGISTER $ 45.11 $ 22,555.00 500 R75G12S358 2" HPT PRO -READ REGISTER $ 45.11 $ 22,555.00 200 R75G22S358 3" HPT PRO -READ REGISTER $ 45.11 $ 9,022.00 100 R75G32S358 4" HPT PRO -READ REGISTER $ 45.11 $ 4,511.00 50 R75G52S358 6" HPT PRO -READ REGISTER $ 45.11 $ 2,255.50 50 R75G62S358 8" HPT PRO -READ REGISTER $ 45.11 $ 2,255.50 50 R75G02S358 10" HPT PRO -READ REGISTER $ 45.11 $ 2,255.50 3 EC3BR7G8S358 3" Compound $ 1,542.00 $ 4,626.00 3 EC3CR7G8S358 4" Compound $ 2,078.00 $ 6,234.00 3 EC3DR7G8S358 6" Compound $ 3,490.00 $ 10,470.00 5 53107-000 3" strainer $ 551.00 $ 2,755.00 5 53107-100 4" strainer $ 663.00 $ 3,315.00 4 51000-201 6" strainer $ 1,116.62 $ 4,466.48 3 52000-304 8" strainer $ 2,040.06 $ 6,120.18 3 52000-402 10" strainer $ 3,419.71 $ 10,259.13 10000 12482-002 Installation Kit $ 3.50 $ 35,000.00 2000 9601-001 Register Seal Pins $ 0.22 $ 440.00 Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets, If Any: Subtotal A: $743,691.19 B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary (Note: Unpublished Items are any which were not submitted and priced in contractor's bid.) Quan Description Unit Pr Total :Name of Unpublished Options (Items that were not include in bid submittal)0 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). For this transaction the percentage is: 0°0 C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Trade -In 0 Freight 0 Special Discount 0 Subtotal C: 0 Delivery Date: 30 days ARO D. Total Purchase Price (A+B+C): $743.69119 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-140982 Date Filed: 11/2912016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Neptune Technology Group Tallassee, AL United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 983 Water Meters 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary City of Corpus Christi Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure Is true and correct. tttitli1fi11 ..``,C1NDS F'p. ti • u°Mary2/0tiGcy r ` *: . >`°� �r'o '; Signature of authorized agent of contracting business entity • "OD `°i ; = Lawrence M. Russo, VP, Finance AFFI$N .qYY STAMP ISA**BOVE Sworn to �9�"• �� e me, by the said eii) ► en Lr. L Alt •• tA6 S O , this the day of E 41ti W� +� 20 ! (G' , {kigdiijlMch, witness my hand and seal of orrice.} (_ �,sta"/ -&. %-- , / 1 aitte,t U =, r •C• G J Beasley ___ Asst. Secretary X5 Steven S. Signature of officer adminisigring oath Printed name of officer administering oath Tittle 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 December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: November 22, 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 Tuloso Road from Leopard Street to IH 37 (Rebid) BOND 2012, Proposition 1 Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, LTD. of Corpus Christi, Texas in the amount of $2,181,527.42 for Tuloso Road from Leopard Street to IH 37 Re -bid for the total base bid. (Bond 2012, Proposition 1) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for Tuloso Road from Leopard Street to IH 37 BOND 2012 Project. BACKGROUND AND FINDINGS: This BOND 2012 project was approved on November 6, 2012. Bond 2012 Brochure description: "Tuloso Road from Interstate Highway 37 to Leopard Street — This project includes full -depth repair and widening the existing two lane rural roadway to three lane roadway with two travel lanes and a continuous left turn lane. The proposed cross section meets the requirements of a C-2 Collector, and is proposed in lieu of the A-2 Arterial designated in the current UTMP. A wider paved shoulder will be provided as a bike route. Other improvements include curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings. Future bikeway requirements will require evaluation at the time of roadway design and shall conform to the adopted Bikeway Plan of the UTMP/Integrated Community Sustainability Plan (ICSP). This is the second time the Tuloso Road reconstruction project was bid and presented to City Council. The first bid package was designed and bid as Portland Cement Concrete (PCC) pavement with the expansion from 2 -lanes to 3 -lanes (with continuous center turn lane), new curb & gutter with new underground drainage, and improvements/relocations of private and City utilities. The initial bids were received on August 19, 2015, and presented to City Council on December 8, 2015. All bids exceeded the available funding. During the December 2015 Council meeting, there were discussions regarding potential revisions to the scope to reduce the cost. The potential revisions included using Hot Mix Asphalt Concrete (HMAC) in lieu of PCC pavement, reducing the roadway from 3 -lanes to 2 -lanes, designated turn lanes at the intersections only and without curb & gutter. Staff was directed to redesign and "REBID" the project with the proposed scope revisions. This Item is for the "REBID" of the Tuloso Road Reconstruction project. This project includes full - depth reconstruction of the existing 2 -lane rural roadway with a new 2 -lane roadway and dedicated left turn lanes at intersections. The improvements include removal and replacement of the existing Hot Mix Asphalt Concrete (HMAC) pavement with new HMAC pavement, 5' sidewalks on both sides, ADA compliant ramps, signs and pavement markings. Utility improvements include water, gas, and regrading of the existing roadside ditches. Four bids were received on the initial bid and the REBID as follows: Contractor November 16, 2016 December 8, 2015 REBID Base Bid (H MAC) Previous Base Bid (Concrete) Bay, LTD $2,181,527.42 $5,051,864.95 Haas Anderson $2,292,787.65 $5,014,449.60 Clark Pipeline $2,375,553.29 $5,128,513.71 Garrett Construction $2,421,002.50 No Bid Reytec Construction No Bid $5,298,144.00 Engineer's Estimate $2,320,875.00 $3,316,493.00 It is not anticipated that further reductions will meet the minimum requirements for the local community and the City and therefore recommend awarding the project as designed. ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Maverick Engineering, Inc. (MEI) is the design engineer that was selected for this project under RFQ 2012-03. 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 $357,622.00 $4,603,778.00 $4,961,400.00 Encumbered / Expended Amount 357,622.00 0 357,622.00 This item 0 $2,181,527.42 $2,181,527.42 Future Anticipated Expenditures This Project 0 602,000.74 602,000.74 BALANCE $0 $1,820,249.84 $1,820,249.84 Fund(s): Comments: N/A RECOMMENDATION: City staff and MEI recommend the construction contract be awarded to the lowest responsible bidder, Bay, LTD., in the amount of $2,181,527.42 re -bid for the total base bid of the Tuloso Road Project. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET Tuloso Road Bond 2012 PROJECT FUNDS AVAILABLE: Bond 2012, Proposition 1 $ 1,909,600.00 Utilities 3,051,800.00 Water 1,147,600.00 Wastewater 654,500.00 Storm Water 943,500.00 Gas 306,200.00 TOTAL FUNDS AVAILABLE $ 4,961,400.00 FUNDS REQUIRED: Construction: Construction (Bay, Ltd.) THIS ITEM 2,181,527.42 Street 1,086,175.65 Utilities 1,095,351.77 Water 417,296.90 Storm Water 558,579.87 Wastewater 95,635.00 Gas 23,840.00 Contingency (10%) 218,152.74 Construction Inspection and Testing: Construction Inspection (Estimate) 165,792.00 Construction Phase - Materials Testing Services (Rock) 20,354.00 Design: Engineer (Maverick) Original Contact and Four Amendments 390,824.00 Design Phase - Geotechnical Study and Testing (Kleinfelder) 8,500.00 Reimbursements: Total Reimbursements 305,738.00 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 60,648.00 Engineering Services (Project Mgt/Constr Mgt) 242,590.00 Misc. (Printing, Advertising, etc.) 2,500.00 TOTAL $ 3,290,888.16 ESTIMATED PROJECT BUDGET BALANCE $ 1,670,511.84 Corpus Christi Tuloso Rd. IH -37 to Leopard St. Bond 2012 - ReBid CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Tuloso Road Leopard to IH 37 (BOND 2012) "RE -BID" Corpus Chr sti Engineering Council Presentation December 13, 2016 Project Vicinity �hrsti Engineering Project Location �hrsti Engineering 3 Project Scope Corpus Chr sti Engineering This provides for the award of the "RE -BID" for the project. In August 2015, staff presented the initial bids that exceeded the approved project budget and received direction from City Council to re -scope the project within or closer to the approved Bond 2012 budget. The following is the summary of the REBID scope and respective bids: • Full depth reconstruction of the 2 -lane road with designated left -turn lanes at intersections and new 5' sidewalks on both sides (deletes continuous center turn lane) • Maintain rural roadside design (deletes curb & gutter) • Re -grading roadside ditches (deletes underground drainage — no curb & gutter) • Delete wastewater line replacement (conflicts eliminated with drainage revisions) • Delete 24" waterline replacement conflicts eliminated with drainage revisions) Contractor November 16, 2016 December 8, 2015 REBID Base Bid (HMAC) Previous Base Bid (Concrete) Bay, LTD $2,181,527.42 $5,051,864.95 Haas Anderson $2,292,787.65 $5,014,449.60 Clark Pipeline $2,375,553.29 $5,128,513.71 Garrett Construction $2,421,002.50 No Bid Reytec Construction No Bid $5,298,144.00 Engineer's Estimate $2,320,875.00 $3,316,493.00 Project Schedule �hrsti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Re -Bid Jan Feb Mar Apr May Jun Jul Aug IMF Construction Project Estimate: Calendar Days 240 8 Months CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-138897 Date Filed: 11/21/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Bay Ltd. Corpus Christi, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Transportation, Texas Department of 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. E12094 Tuloso Road from IH-37 to Leopard St (Bond 2012) REBID Total Base Bid $2,181,527.42 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Jon, Lentz Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT ��I01iill1iY1�IMI1gN% I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I II if\ 7 )c j Signature o uthorized agent of contract ir+business tity 1t�OF� y t AFFIX NOTARYjT$A�:•It�O0�. %.,.„,�ST, MN,,,o (_l ,�1 7 OA/ Sworn to and subscribed before me, by the said , 1 �' , this the day of �W L 20 Lt.. , to certify which, witness my hand and seal of office. -$_%e9.4m40,_72),dinkjR,Lerrno.Nbieiq Pk, b I c L Signature of officer administering oath Printed name of officer administering oath Title of officer tdministering 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 December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: November 14, 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 North Padre Island Beach Access Road 3A Bond 2014, Proposition 2 Motion authorizing the City Manager, or designee, to execute a construction contract with JE Construction Services of Corpus Christi, Texas in the amount of $340,389.04 for North Padre Island Beach Access Road 3A for total base bid and additive alternate No.1. (Bond 2014, Proposition 2) PURPOSE: The purpose of this Agenda Item is to obtain authority to execute a construction contract for North Padre Island Beach Access Road 3A. BACKGROUND AND FINDINGS: This project was approved as part of Bond 2014 Proposition 2 Street Safety, Revitalization and Capacity Improvement projects on November 4, 2014. Bond 2014 Brochure description: "North Padre Island Beach Access Roads (3A and 2) — This project includes reconstruction of Beach Access Roads on North Padre Island, including Beach Access Road 3A, and consideration will be given to other beach access roads for which the City has the responsibility of maintaining as funding allows." Beach Access Road 3A is located on North Padre Island starting at St. Bartholomew Avenue between Windward Drive and Leeward Drive and extends to the beach. Beach Access Road 2 is located on Mustang Island, approximately 7 miles north of the Park Road 22 / 361 intersection, providing access from 361 to the beach. Both roads are experiencing significant distress from age, sand migration and tidal influences. Construction projects located on the beach require coordination with many governing agencies and committees. Both projects were presented to and sanctioned by: • United States Army Corps of Engineers, • Texas General Land Office, • Nueces County Dune Committee, • Beach Management Advisory Committee, • Island Strategic Action Committee, • Watershore and Beach Advisory Committee, and • City of Corpus Christi Parks and Recreation Department. As part of the Permitting process for construction on the beach, the Nueces County Dune Committee required an extension of Access Road 3A from the Seawall approximately 140' toward the water to provide better visibility for drivers on the beach. The Committee also required construction of Access Road 2 take place in the October 2017 to December 2017 timeframe as part of the Permit requirements. Therefore, this item provides for reconstruction of Access Road 3A only at this time. This project required some minor land acquisition to better align the intersection at St. Bartholomew and Windward Drive. The City was able to trade adjoining land parcels with the property owner and the transaction was successfully completed by City Manager administrative action at no cost to the City. The project Base Bid provides for replacement of the existing Hot Mix Asphalt Concrete (HMAC) roadway with new Portland Cement Concrete (PCC), grading, slope and soil stabilization, pavement markings, and signage with the realignment at Windward within the same location on the beach as the existing roadway. Additive Alternative No. 1 provides for the requested 140' LF extension from the Nueces County Dune Committee. This project is anticipated to take approximately 8 weeks after the Notice to Proceed is issued. During construction, the contractor is required to provide continual access and full access is required over the designated Spring Break Holiday if the project is not complete. On November 30, 2016, the City received proposals from two (2) bidders as follows: Contractor Base Bid Additive Alternate 1 JE Construction Services Corpus Christi, Texas $306,620.40 $33,768.64 Mo -Con Services, Inc. Corpus Christi, Texas $293,526.68 $51,239.83 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Govind Development, LLC is the design engineer that was selected for this project under RFQ 2014-08. 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 $232,537.15 $3,316,762.85 $3,549,300.00 Encumbered / Expended Amount 232,537.15 0.00 232,537.15 This item 0 $340,389.04 $ 340,389.04 Future Anticipated Expenditures This Project 0 149,462.81 149,462.81 BALANCE $0 $2,677,521.96 $2,826,911.00 Fund(s): Street Bond 2014, Proposition 2. Comments: Balance required for construction and completion of Beach Access Road 2. RECOMMENDATION: City staff and Govind Development recommend the construction contract be awarded to JE Construction Services in the amount of $340,389.04 for the North Padre Island Beach Access Road 3A for the total base bid and additive alternate #1. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Form 1295 PROJECT BUDGET North Padre Island Beach Access Roads 3A Bond 2014, Proposition 2 PROJECT FUNDS AVAILABLE: Street CIP, Bond 2014, Proposition 2 $ 3,500,000 Storm Water CIP 49,300 TOTAL FUNDS AVAILABLE $ 3,549,300 FUNDS REQUIRED: Construction: Construction Road 3A (JE Construction Services) THIS ITEM 340,389.04 Contingency (10%) 34,038.90 Construction Inspection and Testing: Construction Inspection (Estimate) 17,020 Construction Phase - Materials Testing Services (estimate) (TBD) 12,000 Design: Engineer (Govind) Preliminary Design 49,200 Engineer (Govind) Engineering Design 73,935 Design Phase - Geotechnical Services (Tolunay-Wong) 13,285 Reimbursements: Total Reimbursements (Both Projects) 178,465 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 70,986 Engineering Services (Project Mgt/Constr Mgt) 106,479 Misc. (Printing, Advertising, etc.) 1,000 Other: Staff Augmentation 4,056 TOTAL $ 722,389 * ESTIMATED PROJECT BUDGET BALANCE $ 2,826,911 * Balance required for construction of Beach Access Road 2 Beach Access Road 3A �lirJ�u�6-� Project Number: E15111 North Padre Island Beach Access Road 3A Bond 2014, Prop. 2 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering North Padre Island Beach Access Road 3A Bond 2014, Proposition 2 Council Presentation December 13, 2016 Project Vicinity �hrsti Engineering Project Location �hrsti Engineering RELOCATED ACCESS LOCATION BEACH ACCESS ROAD 3A RECONSTRUCTION ADD ALT NO 17 ST, BARTNOLOMEW AVE LEEWARD DR WNDWARD DR. Project Scope Corpus Chr sti Engineering Improvements for the North Padre Island Beach Access Road 3A will include: • Replacement of existing Hot Mix Asphalt Concrete (HMAC) roadway with new Portland Cement Concrete (PCC), • Grading for surface drainage, slope and soil stabilization, • Pavement markings, and signage. • Additive Alternate #1 provides for a 140 ft. extension of the existing roadway limits as a condition of the Nueces County Dune Committee permit. Project Schedule �hrsti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Construction Estimate: 8 week Nov Bid Dec Jan Feb Continual access to the beach will be required during construction of Beach Access Road 3A with completion of the project prior to spring break. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5. and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. JE Construction Services, 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 Hied. City of Corpus Christi Department of Engineering Services OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-141678 Date Filed: 12/01/2016 Date Acknowledged: 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. E15111 Concrete Road Work 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 KAREN JUST Notary Public, Stole of Texas My Commission Expires October 30, 2018 AFFIX NOTARY STAMP / SEAL ABOVE I swear. or affirm, under penalty of perjury, that the above d sciosure is true and correct. Signature of authorized agent of contracting business entity Sworn o and subscribed before me, by the said ( r 6 ti 20 if , to certify which, witness my hand and seal of office. this the 1 E day of CP—.0h 5 gnature of officer administering oath Printed name of officer administering oath Tide 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 December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: TO: Margie C. Rose, City Manager December 5, 2016 THRU: Mark Van Vleck, P.E., 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 & Design Amendment Contracts O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I (Capital Improvement Program) CAPTION: Motion authorizing the City Manager or designee to execute Amendment No. 1 to the engineering design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $91,480 for a total restated fee of $186,947 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for design, bid and construction phase services. The motion also authorizes execution of a construction contract with American Process Group, Inc. of Tacoma, Washington in the amount of $3,750,000 for the Base Year with an additional $3,750,000 Option Year for a total not to exceed amount of $7,500,000 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I. (Capital Improvement Program) PURPOSE: The purpose of this agenda item is to obtain authority to execute a unit price construction contract and execute an engineering contract amendment needed for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I. CIP Description: O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 The design of the North and South Sludge Lagoons Infrastructure was deemed necessary for the construction of a sludge line extension and sludge lagoon access roads. This project provides an interim solution for pumping sludge to the East and West Pollywogs ponds and will eventually construct a permanent transfer line conveying sludge from the North/South Lagoons to the new Solids Handling and Disposal Facilities. This project also addresses the sludge lagoon access roads which are heavily deteriorated and are in need of rehabilitation to accommodate heavy equipment during maintenance and dredging operations. The implementation of this project will remove sludge from the North/South Lagoons by installing and utilizing the FLUMP equipment and constructing a new transfer line that will convey sludge to Lagoon No. 7. This project also includes cleaning the sludge deposit in Lagoon No. 7 and a feasibility study for Lagoon No. 8 to meet operational needs at the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: Potable water treatment removes suspended solids from the raw water supply by chemical and physical separation. Alum sludge is a by-product of the water clarification process. That sludge is accumulated at the O.N. Stevens Water Treatment Plant (ONSWTP) site in various ponds or basins. The last major dredging project to remove accumulated solids was completed in 2000. The sludge accumulation at O.N. Stevens is approaching levels where it can soon begin to interfere with the ability to properly treat water. On May 24, 2016, City Council awarded an engineering services contract to LNV to implement a short-term sludge removal process from Lagoon 7 using geo-tubes. During the design process, staff concluded that this method would not achieve the intended results. An alternative solution to dredge, dry and haul away sludge for disposal was therefore recommended. This action is intended to address the current sludge accumulation in Lagoon 7. At the same time a longer range sludge management plan is being developed as described in the adopted Capital Improvement Plan. This item provides the award of the construction contract that includes dredging Lagoon 7, dewatering the solids and hauling the dewatered sludge material to the Cefe Venezuela Landfill. This item also provides for the engineering services with bid phase support for the dredging project. The construction project was developed as a multi-year award, unit priced contract with an annual cost ceiling due to budgetary constraints. This procurement strategy allowed the City to obtain very competitive pricing and will allow us to maximize the amount of sludge removal that can be achieved within the available budget. All payments will be based on actual quantities measured by weight at the Cefe Valenzuela Landfill. The contract will be awarded as a base year plus one optional year at the same unit prices. Staff will award the second year based on the contractor's performance during the base year period. The optional year will be administratively authorized by the City Manager or designee within the available funding. The construction project was originally conceived as a unit priced contract with a budget and award up to $4,000,000 for each one-year performance period. This allows the City to achieve the maximum sludge removal within the available funds. The bid quantities included for the bid documents were the minimum levels required to ensure continued plant operations while a more permanent sludge management solution is implemented. The lower unit bid prices will allow the project to achieve greater volumes of dredging and to restore greater capacity in the lagoons within the available funding. Staff is recommending award at $3,750,000 rather than $4,000,000 to allow for other supporting site and electrical work that is required by this effort. That supporting work will be accomplished by separate contracts. On November 30, 2016, the City received proposals from six (6) bidders. One bid was determined non-responsive due to incomplete submittal of required documents. The remaining 5 bids were deemed responsive bids and presented in the following table: CONTRACTOR TOTAL BASE BID American Process Group, Inc. Tacoma, Washington $2,310,117.36 Denali Water Solutions LLC Russellville, Arkansas $2,382,409.00 Merrell Bros., Inc. Kokomo, Indiana $2,847,400.00 Synagro of Texas — CDR, Inc. Baltimore, Maryland $3,139,000.00 Dredgit Environmental Corporation Houston, Texas $3,717,000.00 Veolia (NON RESPONSIVE) $'1,000,000.00 La Portc, Tcxaa Engineer's Opinion of Probable Construction Cost -Base Year $4,000,000.00 * Note: The unit quantities outlined in the bid documents were for evaluation purposes. The evaluation of the apparent three (3) low bidders noted that all three did not fully comply with past experience of five similar projects within five years. However, the City's consultant and staff were able to determine each of the three (3) bidders had other relevant experience to demonstrate successful experience and capacity to perform the work. Therefore, American Process Group Inc. was determined as the lowest responsive and responsible bid and qualified for this project. ALTERNATIVES: 1. Authorize the execution of the engineering design contract. (Recommended) 2. Do not authorize the execution of the engineering design 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: ❑ Ooeratin ❑ Revenue ®Capital ❑ Not aoolicable Fiscal Year 2016-2017 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 5,586,500 5,586,500 Encumbered / Expended Amount 95,467 95,467 This Item (American Process Group) 3,750,000 3,750,000 This Item (LNV, Inc.) 91,480 91,480 Future Anticipated Expenditures This Project 887,785 887,785 BALANCE 761,768 761,768 Fund(s): Water CIP No. 8 Comments: This project requires approximately 365 calendar days with anticipated completion in January 2018. The construction contract will result in the expenditure of an amount not to exceed $3,750,000. RECOMMENDATION: City Staff recommends approval of Amendment No. 1 to the engineering design contract with LNV, Inc. of Corpus Christi, Texas in the amount of $91,480 for a total restated fee of $186,947 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for design, bid and construction phase services and to execute a construction contract with American Process Group, Inc. of Tacoma, Washington in the amount of $3,750,000 for the O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I for the total base bid. The construction contract is a one-year base contract with one optional renewal year. The optional year will be administratively authorized by the City Manager or designee based on need and available funding. (Capital Improvement Program) LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation Form 1295 PROJECT BUDGET O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE 1 FUNDS AVAILABLE: Water CIP $5,586,500 FUNDS REQUIRED: Construction: Construction (American Process Group, Inc.) THIS ITEM 3,750,000 Contingencies (10%) 375,000 Construction Observation & Testing: Construction Observation Estimate 195,528 Testing Estimate 111,730 Engineering and Testing: Engineering Design (LNV, Inc.) 186,947 *Original 95,467 Amendment No. 1 THIS ITEM 91,480 Reimbursements: 205,528 Administration/Finance (Engineering/Capital Budget/Finance) 83,798 Engineering Services (Project Management) 111,730 Misc 10,000 TOTAL $4,824,732 PROJECT BUDGET BALANCE $761,768 *Design contract was aproved by City Council on May 24, 2016 by Motion No. M2016-052 1 6241 Walmart Supercenter San 0 Robstown 892 392 1 so n) 67 16941 116941 13161 12259 Texas State Aquarium ", Project Location ei U Corpus Christi 15501 22921 665 Corpus Christi I nternationa I Airport El 2601 Project #: E16246 O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase I (E16246) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI AMENDMENT NO. 1 CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, Texas, a Texas home -rule municipal corporation ("City") and LNV, Inc. ("Consultant"), agree to the following amendments to the Contract for Professional Services for O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 (Project No. E16246): Original Contract j May 24, 2016 _--I Motion No. M2016-052 $95,4671 In the Original Contract, Exhibit "A", Section I. Scope of Services shall be amended as set forth in the attached Amendment No.1, Exhibit "A". In the Original Contract, Section III. Fees shall be amended based on the modified scope of services in the attached Amendment No. 1, Exhibit "A" for a fee not to exceed $91,480, for a total restated fee not to exceed $186,947. All other terms and conditions of the May 24, 2016 Contract for Professional Services between the City and Consultant, and of any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI LNV, J. H. Edmonds, P.E. Date /D . n S. Leyendecker, P.E City Manager ; resident 01 Navigation, Suite 300 Corpus Christi, TX 78408 RECOMMENDED (361) 883-1984 Office (361) 883-1986 Fax Ioganb@Invinc.com Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management and Budget Date ATTEST City Secretary Date Project Number E16246 Accounting Unit 4093-041 Account 550950 Activity El 6246 -01 -4093 -EXP Account Category 50950 Fund Name Water 2013 RVBD K'ENGINEERING DATAEXCHANGEVENNIFER`WATER' E16246 ONSWTP INTERMEDIATE SLUDGE REMOVAL CONSTRUCTION & AMD NO. 1tCONTRACT\CONTRACT DOC REV 10.1'15 LNV Solutions Today with a engineers architects surveyors Vision for Tomorrow TBPE FIRM NO. F-366 November 18, 2016 Mr. J.H. Edmonds, P.E. Director of Capital Programs City of Corpus Christi 1201 Leopard St. Corpus Christi, TX 78401 Re: AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT O.N. STEVENS WATER TREATMENT PLANT INTERMEDIATE SLUDGE REMOVAL PHASE 1 CITY PROJECT NO. E16246 Dear Mr. Edmonds, In response to the City's request, we are proposing the following $91,480.00 amendment for services associated with the ONSWTP Intermediate Sludge Removal Phase 1 Project. PROJECT DESCRIPTION: The purpose of this project is to remove the maximum quantity of sludge from the lagoons at the City of Corpus Christi's O.N. Stevens Water Treatment Plant (ONSWTP) allowable within specific program budget constraints. This project will provide ONSWTP with a solution to restore a portion of the sludge storage capacity at ONSWTP and particularly in Lagoon No. 7 (Washwater Return Basin). The consultant will design and develop bid documents for dredging and dewatering sludge from Lagoon No. 7 and hauling the dewatered sludge to Cefe Valenzuela landfill for final disposal. In addition to Design Phase services, the consultant will also provide Bid Phase and Construction Administration services. The scope of work is further detailed in the following sections. I. SCOPE OF SERVICES A. BASIC SERVICES 1. PRELIMINARY PHASE This task will not be required for this Amendment. 2. DESIGN PHASE The Scope of Work described below is in addition to the Orginal Contract tasks I.A.2.a) through I.A.2.b) (60% Design Submittal). The Consultant will develop the appropriate construction drawings, specifications and contract documents to deliver the project with a base one year contract with an option for a second year renewal. The project City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 1 of 11 generally consists of dredging, dewatering, hauling and delivering to disposal site, water treatment plant residuals (sludge) from an existing storage lagoon. The residuals will be dredged from Lagoon No. 7 (Washwater Return Basin) located on-site at O.N. Stevens Water Treatment Plant, 13101 Leopard Street, Corpus Christi, Texas (ONSWTP), with the following provisions: • The contractor will be responsible for providing all equipment, materials, labor, permits, testing, and supervision required to dredge, dewater (must pass paint filter test), haul and deliver the residuals to the disposal site. • The residuals will be disposed of at the Cefe Valenzuela Landfill, 2397 Co. Rd. 20, Robstown, TX 78380, owned by the City of Corpus Christi (approximately 20 miles from ONSWTP). • The Contractor will be responsible for conducting and providing documentation of trip tickets, manifests, paint filter tests for each load at the point of generation, moisture content tests for each load, and TCLP and TPH tests for every 25,000 CY disposed of at the landfill. • The contractor will NOT be responsible for tipping fees at the Cefe Valenzuela Landfill. • Existing contractor staging area near Hearn Rd. will be available to Contractor. Contractor will be responsible for maintaining the staging area in a condition that is suitable for their own use and will NOT be responsible for restoring the staging area to its existing condition. • Contractor award will be based on lowest responsive and qualified bidder but quantities on the Bid Form will be for evaluation purposes only. The bid documents will include hypothetical quantities that help to establish unit costs and to gain an understanding of the target quantities. • Contract Price, measurement, and payment will be based on the price per dry ton (100% solids) removed from the lagoon within a total expenditure of approximately $4M in the first year. • There will be an option for a second year, $4M renewal. Renewal will be based on Contractor's successful performance, approval by the City/Engineer and concurrence from the Contractor. • The original contract and renewal will include milestones for dry tons (DT) removed during each period. • Milestones will be approximately 3,000 DT @ 130 days and 6,000 DT @ 230 days from NTP. • The total estimated quantity of sludge to be removed is approximately 20,000 DT or 10,000 DT per year. The Scope of Work described below replaces the scope of work described in Original Contract tasks I.A.2.c) through I.A.2.e). a) Pre -Final Design Submittal (Replaces I.A.2.c) 100% Design Submittal) City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 2 of 14 The Consultant will prepare and submit, for City comment and approval, pre -final Contract Documents. The Contract Documents will include pre -final front end documents, pre -final plan sheets, and pre -final specifications which will all be developed to a 90% level of completion. b) Final Design Submittal (Replaces I.A.2.d) Final Design Submittal) The Consultant will prepare the Final Design Submittal which will consist of a final set of specifications, plan sheets, and front end documents that have addressed all comments and are signed and sealed by a professional engineer registered in the state of Texas. The consultant will also prepare the documents for distribution to the City and bidding contractors. c) Quality Assurance/Quality Control (QA/QC). (Replaces I.A.2.e) QA/Q C) The Consultant will follow established internal QA/QC procedures in order to ensure that all submittals to the City are consistent with the level of completion expected. As part of the established internal QA/QC procedures, all submittals will be reviewed by a subject matter expert who is not involved with the project design or administration. The submittal will be reviewed for general completeness, technical accuracy, and conformance with project scope and intent. Review comments will be issued and responses will be documented for each submittal. 3. BID PHASE (Replaces I.A.3. of Original Contract) This task will consist of assisting the City with conducting a project workshop, preparing the project workshop minutes, responding to bidder questions, preparing addenda, and evaluating the bids, and recommending an award to the Contractor. The City will advertise the bid and distribute the bidding documents (plans, specifications, and addenda) to the interested bidders and suppliers. a) Sampling and Bench Testing Coordination & Support During bid advertisement, the consultant will coordinate with all identified prospective bidders to allow and assist them in obtaining sludge samples from Lagoon No. 7 for analysis and bench testing. This process will allow prospective bidders to determine effectiveness of dewatering equipment and the required quantities of polymer and other dewatering aids as necessary. By determining the effectiveness and required quantities, the accuracy of the bids will be improved. b) Pre -Solicitation Workshop City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 3 of 14 After a Preliminary Solicitation has been advertised on CivCast but before the Invitation to Bidders is advertised by the City, the Consultant will assist the City in conducting a Pre -Solicitation Workshop with the City and prospective Bidders in order to make Bidders aware of any unique project component, inform Bidders of the project details, clarify Bidder or City questions and solicit comments, questions and input from the City and Bidders. The Consultant will prepare a draft agenda for City review, address the review comments and finalize the agenda, and document the workshop in writing within 5 working days. c) Bidding Coordination and Addenda Preparation The Consultant will answer City and Contractor questions, develop written responses in the form of Contract Addenda, provide (1) hard copy and electronic set of any required addenda for distribution to Bidders, and provide overall support to City during the bid advertisement period. The addenda will include, as needed, (1) electronic copy (CD) and (1) half-size set of addenda drawings for distribution by the City to interested Bidders. Addendum #1 will Addend the Preliminary Solicitation on Civcast to include all Contract Documents including specifications, technical specifications, and drawings from which Bidders will develop their bids. d) Bid Evaluation and Recommendation of Award The Consultant will tabulate and review all bids received for compliance with the requirements of the Bid Documents, including addenda. After consultation with City, the Consultant will prepare a written award recommendation based on this review and knowledge of proposed contractors' and subcontractors' past performance records. 4. CONSTRUCTION ADMINISTRATION PHASE (Replaces I.A.4. of Original Contract) The intent of the Construction Administration Phase is to assist the City in confirming that construction of the Project is carried out in accordance with the requirements of the Contract Documents and to help facilitate and enable the Work to progress in an efficient and cost-effective manner, while maintaining facility operations. The anticipated construction duration is based off of a first year original contract and a second year renewal. a) General Project Administration and Meetings The tasks described below as part of the General Project Administration and Meetings task are estimated to consist of one Pre Construction Meeting and Monthly Status Meetings for the first year original contract and a second year renewal. Also included are City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 4 of 14 approximately ninety six (96) hours for a first year's original contract and an additional ninety six (96) hours for a second year renewal for coordination, correspondence, and record keeping. These tasks are further described below. (1) As the designated Design Consultant for the project, LNV will consult with and advise the City and act as its representative during construction. The Consultant will serve as the central point of contact for the Contractor. Instructions from the City to the Contractor(s) will be issued through the Consultant, who will have authority to act on behalf of the City to the extent provided in this Scope of Work, except as otherwise provided in writing. However, The Consultant will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) (except as otherwise specified in the Contract Documents) or the safety precautions and programs incident to the Work of the Contractor(s). (2) The Consultant will conduct specific inspections required by governing Codes, prepare applicable documentation and records of such inspections, and certify compliance with design requirements and governing Codes, as applicable. The Consultant will accompany visiting inspectors representing public or other agencies having jurisdiction over the Project and will record and report the outcome of these inspections. (3) The Consultant will review factory test reports as required by the Contract Documents and verify that the data reported meets the requirements of the contract documents. The Consultant will review test reports, whether by the Contractor or the Design Consultant, for compliance with quality standards and will take appropriate action to obtain additional data if necessary regarding the quality of materials and work in-place. (4) The efforts of the consultant will be directed toward providing a greater degree of confidence for the City that the completed Work of the Contractor conforms to the Contract Documents. However, the Consultant will not be responsible for the failure of Contractor to perform the Work in accordance with the Contract Documents. (5) On the basis of onsite examination of materials, equipment, and workmanship, the consultant will keep the City informed of the progress of the Work, will endeavor to guard the City against defects and deficiencies in such Work, and may disapprove or reject Work failing to conform to the Contract Documents. This task will include the following items: (6) Conduct a pre -construction conference. At the conference, the Consultant will identify field services to be provided and discuss appropriate coordination procedures. The City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 5 of 14 Consultant will prepare an agenda for the meeting and will prepare and distribute the meeting notes. (7) Provide construction administration, quality control, value engineering support and coordination: The Consultant will provide construction administration and quality control services during the course of the project to assure that the overall technical correctness of the construction phase services and that specified procedures are being followed and the Consultant's schedules are being met. The Consultant will provide coordination functions during the construction phase as follows: (a) Hold coordination meetings with the City and Contractor. (b) Coordinate with regulatory and approving agencies and utilities as required. (c) Coordinate the work of specialty sub -consultants assigned to the project. (8) Maintain and provide detailed project records and documentation during the construction phase. Project records will include correspondence, schedules, submittals, test data, project data, payments, change orders, meeting minutes, clarifications, mark-ups of drawings and specifications, Contractor daily logs and other such documentation. Daily logs will be kept to document the progress and issues associated with the Work. In particular, Contractor daily logs should include dredging progress, quantities and characteristics of sludge dredged and dewatered, moisture content of the solids at various stages of dewatering, sludge levels in the Lagoon, average sludge removal rate, and dewatering rates. Project records will be delivered to the City's representative upon completion of the construction contract. Records will be maintained at the Consultant's office. Consultant will track project specific milestones. When milestones are not met, the Consultant will make recommendations to the City as to the preffered remedy to missed milestones. Consultatnt will document missed milestones and proceed accordingly to process required notices to contractor, in accordance with the Contract Documents. Program progress tracking is further described in task I.B.10.e) — i). b) Review Submittals and Test Results (1) The Consultant will receive, log and distribute for review and approval the submittals, shop drawings, samples, test results, operations and maintenance manuals, and other data that Contractor is required to submit. The Consultant will distribute and file the submittals after review action has been taken. The Consultant will follow-up to verify that City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 6 of 14 revisions are made and resubmitted as required and will verify that such required submittals are received and approved prior to installation or payment for the materials covered. The Consultant will also perform a review of the schedule of shop drawing submissions and schedule of values prepared by Contractor and will discuss status of the submittals at construction progress meetings. The Consultant will be responsible for completing the submittal reviews within 15 business days and for monitoring the status and timeliness of responses. (2) The Consultant will review and approve product data, shop drawings, samples, test results, operations and maintenance manuals, and other data that the Contractor is required to submit. However, such reviews will be conducted only for conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such review and approval or other action will not extend to means, methods, sequences, techniques or procedures of construction selected by Contractor, or to safety precautions and programs incident thereto. (3) As part of this task, the Consultant will maintain a submittal log showing dates of submittal, transmittal action to other sub -consultants, dates of return and review action. Copies of the log will be furnished to the City and the Contractor monthly. The Consultant will also evaluate the Contractor's request for substitutions. Submittal review efforts are based on a maximum of two (2) reviews per submittal and that no more than fifty percent (50%) of the total number of first submittals will require two (2) reviews. The level of effort for this task is based on receiving 4 shop drawing submittals along with various material submittals. Not included in the scope of work for this task is the witnessing of specification compliance testing at manufacturer's factories. c) Issue Interpretations and Clarifications (1) The Consultant will act as the main point of contact for interpretation of the requirements of the Contract Documents and judge of the acceptability of the work based on the requirements shown or specified. The Consultant will be responsible for responding to Requests for Information (RFI) within 5 business days and for monitoring the status and timeliness of responses. (2) As part of this task, the Consultant will maintain a RFI log showing dates of submittal, transmittal action to other sub - consultants, dates of return, and a summary of the response. Copies of the log will be furnished to the City and the Contractor monthly. The level of effort for this task is based on receiving 10 RFIs. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 7 of 14 (3) As specified in the General Conditions of the Contracts, the Consultant will interpret and issue decisions on claims of the Contractor(s) or the City relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents or pertaining to the execution and progress of the work. The Consultant will also have authority, as the City's representative, to require special inspection or testing of the work. (4) The Consultant will issue interpretations and clarifications of the Contract Documents, as requested by the Contractor(s) or as deemed necessary by the Resident Engineer, to facilitate proper fabrication, construction, or installation of work. The Consultant will render interpretations or decisions in good faith and in accordance with the requirements of the Contract Documents (e.g., within 10 - days). (5) In the event of a claim or dispute by the Contractor, the Consultant will interpret the requirements of the Contract Documents and judge the acceptability of the work. The Consultant will make written recommendations to the City on all claims of the Contractor related to acceptability of the work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of work, or additional work as deemed necessary by the City. d) Site Visits The Scope of Work described below replaces the scope of work described in Oriqinal Contract task and consists of 12 additional site visits. (1) The Consultant will conduct regular visits to the site (at least one (1) per month) to familiarize themselves with the status of work, make spot checks of work -in -progress, verify conformance with the design intent, and conduct detailed coordination of construction issues. During site visits the Consultant will verify quantities and characteristics of sludge being dredged and dewatered along with moisture content of the solids at various stages of dewatering and sludge levels in the Lagoons based on Contractor daily logs in order to track and provide the data to the City monthly. A total of twenty four (24) site visits are anticipated for the duration of construction. e) Change Orders (1) The Consultant will review cost and time estimates for change orders and for Contractor's claims for additional cost or compensation due to differing site conditions, force majeure, material or equipment shortages, or other causes City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 8 of 14 in order to determine whether they are justified under the Contract. The Consultant will also provide an estimate of the additional Design Consultant costs (if any) that would be incurred as a result of the change order. (2) The Consultant will make recommendations to the City's Project Manager on the amount of additional compensation, credit, or time extension due to the Contractor. In addition, the Consultant will clarify matters and work to resolve discrepancies with the Contractor. (3) The Consultant will perform necessary design revisions in connection with change orders to reflect modifications requested by the City, or as required by unforeseen conditions. Limited hours for coordination of the resulting change order requests and any additional Design Consultant research and design efforts are included in this scope. (4) The Consultant will also perform necessary design revisions authorized by the City in connection with change orders to reflect modifications requested by the Contractor and will perform services in evaluating substitutions proposed by Contractor. Limited hours for coordination of the resulting change order requests and any additional Design Consultant research and design efforts are included in this scope. (5) The Consultant will consider and evaluate Contractor's suggestions for changes in the Contract Drawings or Specifications and respond as appropriate or as required by the Contract Documents. The Consultant will coordinate with the City and provide recommendations pertaining to the suggested design modifications. f) Substantial Completion/Final Acceptance Inspection Consultant will track project specific milestones. When milestones are not met, the Consultant will make recommendations to the City as to the preffered remedy to missed milestones. Consultatnt will document missed milestones and proceed accordingly to process required notices to contractor, in accordance with the Contract Documents. Program progress tracking is further described in task I.B.10.e) — i). (1) Following notice from the Contractor, the Consultant will conduct an inspection to determine if the Project is substantially complete in accordance with the construction documents. If the Consultant considers the work substantially complete, then the Consultant will deliver to City and the Contractor a Certificate of Substantial Completion and a list of observed items requiring completion or correction (punch list), date for completion for City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 9 of 14 g) the punch list, and recommendation for division of responsibilities between the City and the Contractor. (2) The Consultant will conduct a final inspection to determine if the finished Work has been completed to the standard required by the Contract Documents and that Contractor has fulfilled its obligations as required. This inspection will be based on the punch list and any other functional or operational deficiencies that occur in the time period between when the punch list is generated and the Final Inspection. A final list of items to be completed or corrected in accordance with the requirements of the construction documents will be prepared and submitted to the Contractor. (3) After the Contractor has completed the work of the final punch list and upon written notice from the Contractor, the Consultant will review and determine that items on the final list have been completed or corrected and make recommendations to the City concerning acceptance and final payment. Record Drawings & O&M Manuals (1) The Consultant will prepare and deliver to the City record complete electronic files for the project in AutoCAD and PDF. Record drawing information will be obtained from redlined drawings prepared by the Contractor. (2) The Consultant will compile and revicw O&M Manuals prepared by the Contractor. The Consultant will request revisions as needed and deliver final O&M Manua-. to the B. Additional Services (Allowance) 1. Permit Preparation (Same as 1.13.1. in Original Contract) a) This item is for tasks to be determined and is an allowance in which the Consultant will provide permitting support to the City and Contractor as needed. This will include any required submittals notifying TCEQ of the commencement of dredging and sludge storage operations or other associated documentation still to be determined. 2. ROW Acquisition This task will not be required for this Amendment. 3. Topographic Survey (Additional to to 1.113. of Original Contract) City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 10 of 14 a) A detailed sludge survey of Lagoon 7 and the North and South Sludge Lagoons will be performed before dredging is commenced and when solids removal is complete according to the contract to document sludge levels in the lagoons. The last sludge survey was performed in September 2016. 4. Environmental Issucs This task will not be required for this Amendment. 5. Public Involvement This task will not be required for this Amendment. 6. Subsurface Utility Exploration This task will not be required for this Amendment. 7. Construction Observation Services TBD 8. Warranty Pham (Replaces 1.6.8. of Original Contract) This task will not be required for this Amendment and is removed from the Original Contract. 9. Start -Up Services This task will not be required for this Amendment. 10. Contractor Pay Request Verification & Contract Renewal Review (Replaces I.B.10. of Original Contract) The City will have the option to renew the contract for an additional quantity of sludge and contract time based on Contractor performance. The Consultant will perform tasks during each renewal period to assist the City and Contractor in contract renewal efforts as described below. a) The Consultant will review and evaluate Contractor daily logs in order to determine anticipated dredging and dewatering rates for each subsequent contract renewal. b) Based on average dredging and dewatering rates, expected sludge production rates, and observed sludge levels, the Consultant will develop expected quantities for each subsequent contract renewal. c) The Consultant will provide suggestions for improvements to dredging and dewatering options and coordinate with City and City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 11 of 14 Contractor to implement improvements as agreed upon by City and Contractor. d) The Consultant will revise applicable plan sheets as required to reflect the new dredging limits and issue revised sheets as a new Task Order. e) The Consultant will track program progress, expenditures and available program funds by compiling Contractor pay requests and sludge removal quantities from contractor daily logs and will provide the data to the City monthly. f) The Consultant will provide regular updates to the City on funds allocated and funds remaining. g) The Consultant will meet with City staff and Contractor to provide interpretations/clarifications of the plans, specifications and/or contract procedures. h) The Consultant will coordinate with City staff on any required changes throughout the duration of the project as directed by the City. The Pay Request verification and Contract Renewal Review services described above are based on a two (2) year program and assumes an effort of approximately two hundred forty (240) hours for the first year's original contract and an additional two hundred forty (240) hours for a second year renewal. City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 12 of 14 SUMMARY OF FEES: Fee Remaining in the Original Contract is applied to this Amendment No. 1 effort and if additional fee is required for the revised scope it is shown under the "Additional for Amd. 1" column in the fee summary presented below. Basic Services Fees Original Contract Additional for Amd. 1 Total 1 Preliminary Design Phase $ - $ - $ - 2 Design Phase $ 45,105 $ 19,400 $ 64,505 3 Bid Phase $ 10,080 $ - $ 10,080 4 Construction Phase - Original Contract $ 19,035 $ - $ 19,035 - Optional Renewal Contract $ 13,735 $ 5,300 $ 19,035 Subtotal Basic Services Fees $ 87,955 $ 24,700 $ 112,655 Additional Services Fees (Allowance) Original Contract Additional for Amd. 1 Total 1 Permit Preparation $ 1,300 $ - $ 1,300 2 ROW Acquisition $ - $ - $ - 3 Topographic Survey $ 4,092 $ 8,900 $ 12,992 4 Environmental Issues $ - $ - $ - 5 Public Involvement $ - $ - $ - 6 SUE $ - $ - $ - 7 Construction Observation Services $ - $ - $ - 8 Warranty Phase $ 2,120 $ (2,120) $ - 9 Start -Up Services $ - $ - $ - 10 Contractor Pay Request Verification & Contract Renewal Review - Original Contract $ - $ 30,000 $ 30,000 - Optional Renewal Contract $ - $ 30,000 $ 30,000 Sub -Total Additional Services Fees Authorized $ 7,512 $ 66,780 $ 74,292 Total Authorized Fee $ 95,467 $ 91,480 $ 186,947 City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit "A" LNV Proj. No. 150625.001 Page 13 of 14 SCHEDULE: Date Activity TBD A/E Contract Execution (NTP) 3 Weeks after NTP Pre -Final Design Submittal 5 Weeks after NTP Final Design Submittal October 24, 2016 CIVCAST Project Outline 4 Months after NTP Award Construction/Service Contract February 2019 Dredging Operation Completion LNV shall perform said service and all acts attendant thereto with a reasonable standard of care and shall not be held to a higher standard of care unless specifically agreed to by the parties and said agreement is spelled out herein as a condition of this contract. Respectfully, Aece-eis Marcus J. Naiser, P.E. Vice President, Project Manager LNV, Inc. TBPE Firm No. F-366 (512) 381 8333 mnaiser(c�Invinc.com City Proj. No. E16246 ONSWTP Intermediate Sludge Removal Phase 1, Amd. 1 Exhibit A LNV Proj. No. 150625.001 Page 14 of 14 Arw m. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED 8Y CFI 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 definition. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 FIRM IS: 1. Corporation 4. Association CITY: Corpus Christi 2 Partnership 5. Other B ZIP: 78408 3. Sole Owner DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title AKA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3°o or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3°'u or more of the ownership in the above named "firm." NameA A Consultant FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, E. Title: President (Type or Print) Signature of Certifying Person: EFINITIONS Date: 4 /2,M, 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. Carpus Chr sti Engineering O.N. Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 Council Presentation December 13, 2016 Project Location Corpus Chr'sti Engineering Walmart Supercenter II Project Location Violet 0 0 0 0 Corpus Christ) International Airport n `9s cP Corpus Christi Project #: E16246 Project Vicinity Corpus Chr'sti Engineering �. .1- t it b� Norlhwesl Blvd, art SU{1¢fCEniE 3 Project Scope Corpus Chr sti Engineering • The Engineering Contract provides for the production of engineering documents and Bid Phase support to dredge, dry and haul water treatment plant sludge from ONSWTP to Cefe Venezuela Landfill. • The Construction Contract provides for the following: o Dredge solids from Lagoon 7 o De -water solids o Haul & Dispose of Solids at the Cefe Venezuela Landfill o Two one year (12 month) performance periods with second year as optional pending performance, availability of funds, and acceptance by both parties. Project Schedule Corpus Chr sti Engineering 2016 2017 2018 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Bid & Award Construction Project Construction Estimate: 365 Calendar Days = 12 Months Projected Schedule reflects City Council award in January 2017 with anticipated construction completion by January 2018. *Note: There is an optional 2nd year performance period 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: 2016-136298 Date Filed: 11114/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. LNV, 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, 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. E16246 Amendment No. 1 Professional engineering, architectural, and/or surveying services. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Leyendecker, Dan Corpus Christi, TX United States X Naiser, Derek San Antonio, TX United States X Viera, Robert Corpus Christi, TX United States X Trejo, Eric Corpus Christi, TX United States X Sanderfer, Byron San Antonio, TX United States X Burton, Logan Corpus Christi, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm finder penalty of perjury, that the above disclosure is true and correct. AY Pitt JESSICA RODRIGUEZ 11/%/ /49( Notary Public, State of Texas ii �/ J . e ti;;� .;r August 19, 2019 ' Signature of authorized agent of contracting business entity ��,; AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said ) &YL V M - Vt,r .� this the `S.. day of �9 t tk1 20 1 Le , to certify which, witness my hand and seal of office. f Signa dr: of officer administering • Printed name of officer administering oath Title of officer administering oath Forms providettby Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 Forms 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: 2016-141575 Date Filed: 11/30/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. American Process Group Inc. Tacoma, WA 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. Project No. E16246 ON Stevens Water Treatment Plant Intermediate Sludge Removal Phase 1 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. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE c . Sworn to and subscribed before me, by the said this the i day of .�- c ;- i '' ' ' , 20 €"` , to certify which, witness my hand and seal of office. j,, --kc: Signature o nfficertf ii istering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: November 21, 2016 TO: Margie C. Rose, City Manager FROM: Belinda Mercado, Director of Information Technology (361) 826-3740 Constance Sanchez, Director of Finance ConsanceP@cctexas.com (361) 826-3227 Change order for additional Professional Services In support of Infor Public Sector (IPS) - Utility Billing Project CAPTION: Motion authorizing the City Manager, or designee, to execute a change order to the original scope of work in support of the implementation of the Infor Public Sector (IPS) for Utility Billing in the amount of $275,000. PURPOSE: The purpose of this item is to execute a change order for additional Infor consulting services for the Utility Billing Office (UBO) to allow for additional time to complete testing and the installation of the Citizen Portal for Utility Payments. BACKGROUND AND FINDINGS: In April 2013, council approved the purchase of the Infor ERP product which included the Infor Public Sector (IPS) - Utility Billing module. The Utility Billing project is the last component to implement from the original lnfor ERP Software agreement. Over the last three years, staff has implemented Infor Financials, Procurement, Human Capital, Talent Management, Payroll, and Budget modules using Infor's cloud services solution. Software currently in use by the Utility Billing Office (UBO) was first installed in 2002 and handles customer accounts, utility billing, and payment processing. Additional services are needed for additional time in the testing and installation of the system. The following is the summary of the project costs to date for the Utility Billing portion of the project. Heavily discounted due to large purchase of Infor Software in original Infor ERP Agreement. ALTERNATIVES: 1. Approve the change order for continued consulting services to complete the project. 2. Do not approve the change order for consulting services. Without approval, our vendor will not be able to assist with the completion of the project. (Not recommended). OTHER CONSIDERATIONS: Not applicable 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 Finance Department Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016- 2017 Software Consulting Services Total Original Cost * $51,774 $338,000 $389,744 Change order May 2016 $200,000 $200,000 Change order December 2016 $275,000 $275,000 GRAND TOTAL $275,000.00 $864,774 Heavily discounted due to large purchase of Infor Software in original Infor ERP Agreement. ALTERNATIVES: 1. Approve the change order for continued consulting services to complete the project. 2. Do not approve the change order for consulting services. Without approval, our vendor will not be able to assist with the completion of the project. (Not recommended). OTHER CONSIDERATIONS: Not applicable 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 Finance 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 Encumbered / Expended Amount This item $275,000.00 $275,000.00 BALANCE Comments: Funding from Utilities: Water Fund, Wastewater Fund, Gas Fund RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Infor Change Order inl or CHANGE ORDER INTRODUCTION This Change Order document ("Change Order") is subject to all terms and conditions of the Software Services Agreement (or, if applicable, the Professional Services Agreement) between Infor (US), Inc. and Licensee with an Effective Date of May 15, 2013 (the "Services Agreement") and constitutes a change to the Services Work Order identified below by Work Order Number ("Work Order"). All terms of the Services Agreement and Work Order are incorporated herein by reference. Capitalized terms not defined in this Change Order are defined in the Services Agreement or Work Order. In the event of a conflict, the terms of this Change Order control over the terms of the Services Agreement and Work Order. 1.0 CHANGE ORDER Licensee (customer) City of Corpus Christi Project Name ERP Implementation Project Number 32381430 Project Manager Ken Matz Project Phase Acceptance Test Product(s) IPS (Hansen) 8 Work Order Number Exhibit 10 to Master Contract, Appendix D Change Number CO2015_017 Issue Number 000 Description Infor Public Sector, CIS Utility Billing Project — Go Live date change from December 1, 2016 to February 1, 2017 Requestor Belinda Mercado Identified Date 10/25/16 Prepared By Jimi Stricklin 1.1 Preliminary identification and assessment Describe the change in detail Change in the planned go -live date for Infor Public Sector, CIS Utility Billing Project from December 1st 2016 to February 1, 2017. This change also impacts the project budget, and Infor and City of Corpus Christi resource commitments. Infor resources will provide services required for additional configuration of all applications and interfaces included in the scope of work. Infor will perform unit testing prior to delivery to City and support resolution of issues after turnover. Additionally, Infor resources will provide support to extended testing activities for system test and full scale test milestones and provide leadership, guidance and support to City team in completing remaining pre -Go -Live tasks. The following are revised estimated milestone dates. Detailed project completion plan is provided in the attachment and will be maintained by mutual agreement of the project managers. 54-7 Milestone - System Test, 12/6/2016 S4-8 Milestone - Full Scale Test, 1/19/2017 54-9 Milestone - Production Readiness, 1/31/2017 The Go Live Date is moved to February 1, 2017 54-10 Milestone - Complete Post -Go -Live Support, 3/1/2017 S4-11 Milestone - Close Project, 3/8/2017 Reason for the change The decision was made to delay the go -live from December 151 2016 to February 1, 2017 to allow for additional time to complete the data conversion activities as well as fully test and validate the CIS Utility Billing solution. High level impact assessment Project timeline will increase by 3 months. Infor resources will be engaged to support the City in testing and go -live activities over the 3 month period. 1.2 Approval for detailed impact analysis (optional) Reviewer Review Date inlor Change Order (Americas PMO-v5b, Nov. 2012) 1.3 Detailed impact analysis Impact on project plan Schedule and Resource constraints Extends the project timeline by 3 months with new go -live date scheduled for February 1, 2017 Target start date for Project Extension December , 2016 Impact on resource requirements Infor resources will be engaged to support the City in testing, conversion and go -live activities over the 3 month period Additional risk The project schedule targets the following dates for completion of key activities. Missing these completion dates may require an additional change to the go -live date and result in additional delay and cost to the project. Technical risk associated with environment management. Merger /migration, environment refresh. Impact on project cost Overall Project Budget impact total of $275,000 The payment milestones will be revised to the following: A payment will be made upon Licensee's signature of this Change Order of $75,000. The remaining $200,000 will be added to the following Milestones: • S4-7 Milestone System Test - $75,000 • S4-8 Milestone Full Scale Test - $75,000 • S4-9 $50,000 inlor Change Order (Americas PMO-v5b, Nov. 2012) Estimated time and costs listed in this Change Order represent a fixed fee offer and are in addition to the estimates provided in the original Work Order. Actual project time and cost may vary from the estimates provided. Where a substantial variation from this Change Order is foreseen, both parties must agree in writing to the additional work and document the change in a subsequent Change Order. Other Projects Affected None Who needs to be notified of the change Belinda Mercado, Michael Hemandez, Gloria Posada, Infor Project Managers, Infor Project Director Comments None 2.0 CHANGE APPROVAL / PAYMENT By signing below, Licensee authorizes Infor to proceed with the work set forth in this Change Order and bill Licensee per the payment terms set forth in the original Work Order for any additional Services fees. Please return a signed copy of this Change Order to Infor PSO. THE PARTIES have executed this Change Order through the signatures of their respective authorized representatives. INFOR: Infor (US), Inc. Signature: Printed Name: Lindsay Pritchard LICENSEE: City of Corpus Christi Signature: Printed Name: Title: Associate General Counsel Title: Address: 380 St. Peter Street Address: St. Paul, MN 55102 Signature Date: November 21, 2016 Infor Change Order (Americas PMO-v5b, Nov. 2012) Address: Address: Signature Date: CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 011 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 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 governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-139588 Date Filed: 11/22/2016 Date Acknowledged: 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 Services related to Utility Billing and CDR contracts 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 `"r'tmss ELIZABETH A HAMMETT ,15 j{ NOTARY PUBLIC • MINNESOTA '""'°' MY COMMISSION EXPIRES 0113112021 AFFIX NOTARY STAMP ! SEAL ABOVE I swear, or affirm, under penal of perjury, that the above disclosure is true and correct. !;ri2 ✓::. /%/,. Signature of uthorized agent o Sworn to and subscribed before me, by the said Pisa. Gevverai CAsluist this the 20 j,, , to certify which, witness my hand and seal of office. ting business entity a '4 day of 1 i_{'4 A,)rrYY o {. Ei i T H 44. m rriE T T �.erai As s t~s n nature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: December 13, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Finance constancep@cctexas.com (361) 826-3227 Christine Garza, Interim Assistant Director of Management & Budget ChristineG@cctexas.com (361) 826-3221 Maria Pedraza, Procurement Manager MariaPe@cctexas.com (361) 826-3176 Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Service Agreement CAPTION: Motion authorizing the City Manager or designee to execute a five-year service agreement with Gray CPA Consulting, PC, of Magnolia, Texas, for the purchase and implementation of Comprehensive Annual Financial Report (CAFR) and Budget Book software licenses for a total amount of up to $337,310, of which $182,650 will be paid in Fiscal Year 2017, and providing for a contingency amount of up to $10,000 each for the Finance Department and Budget Office related to this software procurement. PURPOSE: The purpose of this agenda item is to appropriate funds to execute a contract with Gray CPA, Consulting PC for CAFR and Budget Book software and implementation service. BACKGROUND AND FINDINGS: The City currently prepares its financial statements for the CAFR from trial balances by fund in MS Excel. Footnotes and Management's Discussion & Analysis (MD&A) are prepared in MS Word; statistical tables and Required Supplementary Information (RSI) are prepared in MS Excel. Other CAFR miscellaneous content may be in PDF or similar formats. All of these pieces are then incorporated into a single document with Adobe Acrobat Professional; headers, page numbers, and table of contents are added manually. The City currently prepares its budget book from reports from the Infor CPM system in MS Excel. The MD&A are prepared in MS Word. All graphs, charts and supplemental data are created in MS Excel. Other budget miscellaneous content such as memos, statistical data and power points may be in MS Word, PDF or similar formats. All of these pieces are then incorporated into a single document with Adobe Acrobat Professional; headers, page numbers, and table of contents are added manually. Automating the current manual processing of the CAFR report would improve quality and consistency of the report. In addition to this, it will reduce the time needed to produce the manual report. In August 26, 2016 the City of Corpus Christi through the City Purchasing issued a Request for Proposal (RFP) for CAFR and budget book software and implementation service agreement. Three proposals were submitted and evaluated. An evaluation team comprised of Finance staff and Budget staff, reviewed the proposals and scored each according to the criteria outlined in RFP. Three proposals were received and evaluated on a pass/fail evaluation criteria based on minimum qualifications. All three proposals met the minimum qualifications and proceeded to the next level of the evaluation process, which consisted on a review of the technical proposals based on the following criteria and weighting scale: Firm's Experience 5 points Team Experience 5 points Understanding of Project Scope 80 points Two proposers scored 70 points and one proposer scored much lower at 54. The two proposers invited for an interview and demonstration were Workiva Inc. and Gray CPA Consulting PC. After the interviews and demonstrations 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 was made that the highest scoring firm, Gray CPA Consulting PC would provide the best value to the City based on their technical proposal, interview/demonstration and pricing. The term of the contract will be for five years for a total amount of $337,310, plus a contingency amount of up to $10,000 each for the Finance Department and Budget Office. The total estimated cost for first year is $94,480 for Finance Department and $88,170 for Budget Office for a combined total of $182,650 ALTERNATIVES: N/A OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Financial Services Department Budget Services Department FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $182,650 $154,660.00 $337,310.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $182,650 $154,660.00 $337,310.00 BALANCE $0.00 $0.00 $0.00 Fund(s) General Fund Comments: Funds for the Finance Department in the amount of $140,650 have been budgeted in FY 2016-2017 in the reserve appropriation account in the General Fund — with the remaining first year contract balance for the Budget Office of $42,000 to be funded through their FY 2016-2017 operating budget. The contract balance of $154,660.00 will be funded in future years. The above Financial Impact Table does not include a contingency amount of up to $10,000 each for the Finance Department and Budget Office related to this software procurement. $337,310 Total cost of software procurement $20,000 $10,000 Contingency for each department $357,310 Total not to exceed RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement- Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Service Agreement Evaluation Matrix SERVICE AGREEMENT NO. 877 Comprehensive Annual Financial Report (CAFR) & Budget Book Software and Implementation Services THIS Comprehensive Annual Financial Report (CAFR) & Budget Book Software and Implementation Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Gail Gray CPA, Consulting PC ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager") . WHEREAS, Contractor has bid to provide Comprehensive Annual Financial Report (CAFR) & Budget Book Software and Implementation Service in response to Request for Bid/Proposal No. 158 ("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. 1. 2. NOW, THEREFORE, City and Contractor agree as follows: Scope. Contractor will provide implementation and annual licensing or subscription for a CAFR & Budget Book Software 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 2. Term. This Agreement is for 60 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 0 additional number -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 $ 337,310.00, 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 1 of 8 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. 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: Alma Iris Casas, Assistant Director of Financial Services Department: Finance Phone: 361-826-3610 Email: AlmaC@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 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 2 of 8 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 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. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 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. 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: Alma Iris Casas Title: Assistant Director of Financial Services Address: 1201 Leopard St. 78401 Fax: 361-826-3174 IF TO CONTRACTOR: Gray CPA Consulting, PC Attn: Gail Gray Title: Principal/Owner, CPA Address: 6606 FM Ste. 148-621 Magnolia, TX 77354 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 Fax: 832-553-2617 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 v GOSignature: 0 \� --� Printed Name: ( o ,A \ Cn (L t3 Title:-0CeSt Cl eh.k /lii;'1['�a Date: / V t ��/ �C'�J to 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. 158 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. Background Information A. The City currently prepares its financial statements for the Comprehensive Annual Financial Report (CAFR) from trial balances by fund in MS Excel. Footnotes and Management's Discussion and Analysis (MD&A) are prepared in MS Word, statistical tables and Required Supplementary Information (RSI) are prepared in MS Excel. Other CAFR Miscellaneous content may be in PDF or similar formats. All of these pieces are then incorporated into a single document with Adobe Acrobat Professional; headers, page numbers, and table of contents are added manually. B. The City currently prepares its Budget Book from reports from the Infor CPM system in MS Excel. The Management Discussion and Analysis are prepared in MS Word. All graphs, charts and supplemental data are created in MS Excel. Other Budget Miscellaneous content such as memos, statistical data and power points may be in MS Word, PDF or similar formats. All of these pieces are then incorporated into a single document with Adobe Acrobat Professional; headers, page numbers, and table of contents are added manually. C. The City of Corpus Christi's CAFR for the fiscal year ended Sept. 30, 2015, is available for review on the City's website at http://www.cctexas.com/government/financial-services/cafr/index Beginning in fiscal year 2016, the City intends to include prior year comparatives on the face of the financial statements. D. The City of Corpus Christi's Budget Books are available for review on the City's website at http://www.cctexas.com/clovernment/budget-and- management/index 4.2. CAFR and Budget Book Production General Requirements The City has defined the core requirements as follows: A. Produce GAAP compliant financial statements from imported data from City Financial and CPM Software (currently INFOR) that is not formatted beyond chart fields, amounts, fiscal year and accounting period using an integrated report writer with software mapping functionality. B. Produce all components (cover, organizational charts, graphs, text files, spreadsheets, scanned documents) of the CAFR and Budget Book using a RFP Template 5.17.16 Page 16 of 26 single software solution. C. Provide links between financial statements and other sections of the CAFR and Budget Book so that information used in multiple places only needs to be entered once. D. Publish the CAFR and Budget Book from a single software solution to a Portable Document Format (PDF). E. Provide version control with an audit trail. Ability to save and review multiple versions including the final CAFR and Budget Book. 4.3. Scope of Work: The Contractor will provide an off-the-shelf software tool to produce the City's CAFR and Budget Book and first-year implementation services in order to automate these processes. A. Import data through interfaces or data extracts and map data from INFOR financial accounting software, INFOR CPM software, MS Excel and other data bases and formats into the software solution. B. Produce financial statements from imported raw data that is not formatted or grouped before import. Allow for at least 10 different map groupings to create different reports from the same data. C. Produce financial statements on the modified accrual and accrual basis of accounting including the conversion from the modified accrual basis to the accrual basis and government -wide statements and reconciliations in accordance with GASB guidance. D. Produce financial statements that auto -calculate, link, foot and cross -foot. E. Create journal entries and track adjustments for the CAFR that dynamically update data across the statements via the journal preparation feature. Allow for posting to government -wide and by specific funds. Ability to generate calculated journal entries. F. Systematically handle data rounding to ensure balanced statements. G. Provide for multiple users to access the software solution simultaneously without overriding or creating conflicting versions. Version control and review check -off capabilities. Software should accommodate a minimum of five to seven concurrent users. H. Link numbers in the financial statements/software solution to the transmittal letter, management's discussion and analysis, footnotes, and statistical schedules. RFP Template 5.17.16 Page 17 of 26 I. Automatic pagination and linked Table of Contents. J. Drill down (at all mapping levels) to see the items making up a specific amount. K. Customizable, secure access by user, including workflow. L. Ability to archive multiple years of the CAFR or Budget Book. M. Ability to attach and save work papers within the software. N. Provide for a complete audit trail (distinguishing source systems and transactions). 0. Software updates to accommodate new CAFR and Budget reporting requirements including changes in generally accepted accounting principles, Governmental Accounting Standards Board standards and Government Finance Officers Association requirements whenever such changes occur. P. The Contractor is to provide full first-year implementation for the project. Q. Contractor shall produce the prior year's CAFR and Budget Book and establish links within the software solution and import mechanisms to other data bases. a. 80% of prior year's CAFR is to be complete by September 30, 2017; 100% complete by December 31, 2017. b. 80% of prior year's Budget Book is to be complete by July 29, 2017 and 100% by October 31, 2017. R. The Contractor shall provide maintenance and support year round. End user and technical support for all components of the system available at a minimum of 8:00 a.m. - 5:00 p.m. CT. RFP Template 5.17.16 Page 18 of 26 Page 1 Attachment B: CAFR Price Form Revised Through Negotiations Software Purchase of CAFR Software -Pricing has been modified through negotiations and shall supersede the original pricing form of services to RFP Pricing Form- Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Services RFP 158. Pricing Form- Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Services RFP 158 EXTENDED ITEM DESCRIPTION QTY UNIT UNIT Price PRICE 1 Software Purchase of CAFR Software 1 LS $ 0 2 Annual Cost per License or Subscription for CAFR Software 1 Year 1 5 EA $ 1,565.00 $ 7,825.00 Year 2 10 EA $ 1,565.00 $ 15,650 .00 Year 3 10 EA $ 1,565.00 $ 15,650.00 Year 4 10 EA $ 1,565.00 $ 15,650.00 Year 5 10 EA $ 1,565.00 $ 15,650.00 3 Implementation Services including reproduction of prior year CAFR 1 LS $123,295.00 Total $193,720.00 1. *Software Purchase of CAFR Software cost has been removed entirely. 2. *Annual cost per license or subscription for CAFR Software has been revised from lump sum to each. Licenses are priced at a per -user level the following breakdown is the anticipated number of licenses for year 1 through year 5. Cost per license for each user is $1,565.00. Year 1- 5 Users x 1,565.00 = $7,825 Year 2- 10 Users x 1,565.00 = $15,650 Year 3- 10 Users x 1,565.00 = $15,650 Year 4- 10 Users x 1,565.00 = $15,560 Year 5- 10 Users x 1,565.00 = $15,560 Total Annual Cost per License: $70,425.00 3. *Implementation Services including reproduction of prior year CAFR has been revised to include Software Purchase of Budget Book cost and the training costs and support costs. The following is the breakdown of the implementation cost and training Costs and Support Costs. Implementation Costs: $86,655.00 • Training Costs Combined team comprehensive training 4 -day On-site; 32 Training (CPE) Hours 32 Per Team to commence on Go Live Year 2. One-time fee of $7,200.00 • Support Costs Annual contract of unlimited & (1) 24 -hr Champion Training to commence on Go Live Year 2. Year 2-$10,000 40 -hr bundle at current standard Support Rates; 40 Support hours Per Team, all member access to commence after Go Live Year 2. Year 3-$6,480 Year 4-$6,480 Year 5-$6,480 Training and Support Costs: $36,640.00 Total Implementation Cost: $123,295.00 Grand Total of CAFR Software: $193,720.00 Proposer Signature Authorized Signat re /OJZR%zo/d Date g/1e/� Date Page 2 Attachment B: Bid/Pricing Schedule (p)GRAY CPA CONSULTING PC C DLLABCDRATIC7N EXPERIENCE TRUST CAFR Production Pricing Sheet CITY OF CORPUS CHRISTI PURCHASING DIVISION Pricing Form RFP NO. 158 CAFR Software and Implementation Services DATE: 09/08/2016 Gray CPA Consulting, PC PROPOSER AUTHORIZED LGN TURE PAGE 1 OF 2 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Quote your best price for each Item. 3. Prepare a separate Pricing Form for CAFR and for Budget Book. 4. In submitting this proposal, Proposer cerHRes 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 issued through Addenda to the RFP in this pri ITEM DESCRIPTION QTY UNIT TOTAL PRICE 1. Software Purchase of CAFR Software 1 LS $1,565 2. Annual Cost per License or Subscription for CAFR Software Year 1 1 LS $1,565 Year2 1 Ls $1,565 Year 3 1 LS $1,565 Year 4 1 LS $1,565 Year 5 1 LS $1,565 3. Implementation Services including reproduction of prior year CAFR 1 LS $137,605 TOTAL $146,995 Response to RFP No. 158 Page 39 of 41 Page 1 Attachment B: Budget Book Price Form Revised Through Negotiations Software Purchase of Budget Book Software -Pricing has been modified through negotiations and shall supersede the original pricing form of services to RFP Pricing Form- Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Services RFP 158. Pricing Form- Comprehensive Annual Financial Report (CAFR) and Budget Book Software and Implementation Services RFP 158 EXTENDED ITEM DESCRIPTION QTY UNIT UNIT Price PRICE 1 Software Purchase of Budget Software 1 LS $ 0 2 Annual Cost per License or Subscription for Budget Book Software 1 Year 1 3 EA $ 1,565.00 $ 4,695.00 Year 2 3 EA $ 1,565.00 $ 4,695.00 Year 3 3 EA $ 1,565.00 $ 4,695.00 Year 4 3 EA $ 1,565.00 $ 4,695.00 Year 5 3 EA $ 1,565.00 $ 4,695.00 3 Implementation Services including reproduction of prior year Budget Book 1 LS $ 120,1 15.00 Total $143,590.00 1. *Software Purchase of Budget Book Software cost has been removed entirely. 2. *Annual Cost per License or Subscription for Budget Book Software has been revised from lump sum to each. Licenses are priced at a per -user level the following breakdown is the anticipated number of licenses for year 1 through year 5. Cost per license for each user is $1,565.00. Year 1- 3 Users x 1,565.00 = $4,695 Year 2- 3 Users x 1,565.00 = $4,695 Year 3- 3 Users x 1,565.00 = $4,695 Year 4- 3 Users x 1,565.00 = $4,695 Year 5- 3 Users x 1,565.00 = $4,695 Total Annual Cost per License: $23,475.00 3. *Implementation Services including reproduction of prior year Budget Book has been revised to include Software Purchase of Budget Book cost and the training costs and support costs. The following is the breakdown of the implementation cost and training Costs and Support Costs. Implementation Cost: $83,475.00 • Training Costs Combined team comprehensive training 4 -day On-site; 32 Training (CPE) Hours 32 Per Team to commence on Go Live Year 2. One-time fee of $7,200.00 • Support Costs Annual contract of unlimited & (1) 24 -hr Champion Training to commence on Go Live Year 2. Year 2-$10,000 40 -hr bundle at current standard Support Rates; 40 Support hours Per Team, all member access to commence after Go Live Year 2. Year 3-$6,480 Year 4-$6,480 Year 5-$6,480 Training Costs and Support Costs: $36,640.00 Total Implementation Costs: $120,115.00 Grand Total Budget Book Software: $143,590.00 Aa Proposer Signature Date Authorized Signat 76/2 61z o/ Date Page 2 Attachment B: Bid/Pricing Schedule )GRAYCPA CONSULTING PC CDLLABORATIc?NJ EXPERIENCE TRUST Budget Book Pricing Sheet DATE: 09/08/2016 CITY OF CORPUS CHRISTI PURCHASING DIVISION Pricing Form RFP NO. 158 Budget Book Software and Implementation Gray CPA Consulting, PC PROPOSER PAGE 1OF2 AUTH II D SIGNATUR 5. Refer to "Instrucftons to Proposers" and Contract Terms and Conditions before completing proposal. 6. Quote your best price for each Item. T. Prepare a separate Pricing Form for CAFR and for Budget Book. 8. In submitting this proposal, 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 issued through Addenda to the RFP in this pri ITEM DESCRIPTION QTY UNIT TOTAL PRICE 1. Software Purchase of Budget Book Software 1 LS $1 565 , 2. Annual Cost per License or Subscription for Budget Book Software Year 1 1 LS $1,565 Year 2 1 LS $1,565 Year 3 1 LS $1,565 Year 4 1 LS $1,565 Year 5 1 LS $1,565 3. Implementation Services including reproduction of prior year Budget Book 1 LS $136,225 TOTAL $145,615 Response to RFP No. 158 Page 40 of 41 Attachement C: Insurance/Bond 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 Contract Administrator 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 GL, AL and WC if applicable. 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 CAFR Software and Budget Book RFP 8/08/2016 my Risk Management Attachement C: Insurance/Bond Requirements Bonds are not required for this Service Agreement Attachment D: Warranty Requirements Warranty Requirements are not required in the service agreeement. CAFR and Budget Book Software and Implementation Services - RFP 158 Summary Selection Committee Score Card - Combined Scores Proposal Evaluation Max Points 100 Workiva Inc. Armes, Iowa Thales Consulting Inc. Sacramento, California Gray CPA Consulting PC. Magnolia, Texas Evaluation Criteria Minimum Qualifications Pass/Fail Pass Pass Pass Stage 1:Technical Proposal 90 Firms' Experience (5points) 2 2 2 Team Experience (5 points) 3 2 5 Understanding of Project Scope (80 points) 65 50 70 Total 70 54 70 Stage 2: Demonstration/Interview 90 Firms' Experience (5points) 2.66 5 Team Experience (5 points) 3 5 Understanding of Project Scope (80 points) 61.66 73.33 Price 10 10 9.07 Total 100 77.32 92.4 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 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Gray CPA Consulting, PC Magnolia, TX United States Certificate Number: 2016-130823 Date Filed: 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 10/31/2016 Date Acknowledged: 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. Service Agreement #877 Implementation services for financial software to build the annual CAFR and Budget book. 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Michelsen, Anita Magnolia, TX United States X Gray, Gail Montgomery, 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. + . '"f's. DANIEW MEAD j p.*: '• My Notary ID # 128866561t. Expires February 16, 2020 '�+�by. �+: Signature of author i d agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said --a1 \ al, , this the 0 I day of 110kietabe r 20 i (0 , to certify which, witness my hand and seal of office. A° n 1 eka CO ec_e( I ture of officer ministering oath Printed name of officer administering oath Title of officer ainistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us AGENDA MEMORANDUM Future Agenda for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: November 18, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval of the City's Investment Policy and Investment Strategies CAPTION: Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2016-2017 PURPOSE: The Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. City staff is recommending reaffirmation of the existing policy. Additionally, the City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Management and Budget, or their designees. The Committee met on November 18, 2016 and approved the Investment Policy. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • City Attorney's Office • Investment Committee FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) -- - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A of Resolution — Investment Policy Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2016-2017. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed for fiscal year 2015-2016 on November 16, 2015, and reaffirmed pursuant to Resolution No. 030711 on December 15, 2015; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2016-2017 on November 18, 2016, approved with an updated issuance date, did not require any amendments, and must be annually reaffirmed by the City Council; Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2016-2017. A copy of the City of Corpus Christi's Investment Policy, which contains the separate Investment Strategies, is attached to this resolution as Exhibit A and is incorporated by reference into this resolution as if set out here in its entirety. Section 2. With an updated issuance date that coincides with the date this resolution is passed, the City Council reaffirms the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2016-2017 and continues the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Dan McQueen, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES INVESTMENT POLICY December 20, 2016 TABLE OF CONTENTS Page I. INTRODUCTION 1 II. PURPOSE 1 ID. DEFINITIONS 2 IV. INVESTMENT OBJECTIVES 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 5 VI. INVESTMENT STRATEGIES 9 VII. DESIGNATION OF RESPONSIBILITY 11 VIII. INTERNAL CONTROLS 12 IX. COMPETITIVE SOLICITATION 13 X. AUTHORIZED COUNTER -PARTIES 14 XI. COLLATERALIZATION 15 XII. SAFEKEEPING OF CITY SECURITIES 15 XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION 16 XIV. BANKING SERVICES 17 XV. ANNUAL POLICY ADOPTION 17 XVI. GENERAL PROVISIONS 17 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT 1-31 B. CODE OF ETHICS 1-8 C. RESOLUTION 1-2 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES 1 i I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed In a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from Inveslments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. II. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Govemment Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (including Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (Including the yield calculation thereon) by l their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. 111. DEFINITIONS Authorized Broker/Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized fine in a Broker/Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City Officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Assistant Director of Financial Services and Director of Financial Services). Authorized Investment — Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Cusip Number - A cusip Is a 9 -character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian -- An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter -party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Assistant Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. 2 Institution - Any firm, bank, bank holding company, broker/dealer or Public Funds Investment Pool that offers to sell/buy a financial transaction/security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor — SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations/controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who Is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (0) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. 3 Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing montes and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks In a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six-month average of Texpool, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re -invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with Investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. 4 Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); and 7. Texas Term Investment Pool; The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi Is authorized to invest only in the following investments. City monies, govemed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* 5 b. U.S. Agencies: Maximum Maturity 1.)Federal Home Loan Bank up to 2 years* 2.)Federal National Mortgage Association. up to 2 years* 3.)Federal Farm Credit up to 2 years` 4.)Federal Home Loan Mortgage Corporation up to 2 years* 5.)Federal Agricultural Mortgage Corporation up to 2 years' ;Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, Including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Public -funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested In any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (1) the AAA rating is standard herein above stated is satisfied, and (11) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 6 An investment pool may Invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized and Brokered Certificates of Deposit up to 2 years Certificates of deposit or other Instruments issued by state and national banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance Corporation or Its successor; or Secured at 102% by obligations defined by Section XI of this Policy. a. Collateralized Certificates of Deposit Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. b. Brokered Certificates of Deposit The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City of Corpus Christi based upon information from the FDIC, Brokered CDs will be required to have a cuslp number and be held in safekeeping at a third -party institution. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall Immediately liquidate any brokered CD which is above the FDIC insurance level. 5. Money Market Mutual Fund up to 1 year A AAA -rated no-load money market mutual fund (no service charge) Is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the -Investment Company Act of 1910 (15 U.S.C. Section 80a-1 et seq.); c. the money market mutual fund includes in lis Investment objectives the maintenance of a stable net asset value of $1 for each share; 7 d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed Investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which Is to be funded with Bond Proceeds. 7. Texas Term Investment Pool up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAA by Standard and Poor's Ratings Services. Participants may lock In a fixed rate for a term of 60 to 365 days. B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during 8 which time bond proceeds may be Invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the internal Revenue Code of 1986 as amended_(the "IRC"). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For ail bond proceeds controlled by the tax-exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five-year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years In U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (11) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from Texpooi's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized investment reports shall monitor and address 9 whether these diversification requirements are being met. Unless approved by the investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment iiquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to -intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or fess will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or Tess will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short -to -Intermediate-term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized investment iiquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These Investment portfolios shall Include highly liquid investments to allow for flexibility and unanticipated project outlays. 10 C. Achieving Investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yields in the investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total retum during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total retum, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any Investment that must be sold at a loss. All gains and Tosses will be reported to the City Council and Investment Committee no Tess frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Assistant Director of Financial Services), City Attorney, Assistant Director of Financial Services/Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before 11 submission to the City Council and will, on no Tess than an annual basis, review and adopt a list of authorized broker/dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfoilo(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter -parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend Bhours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment -training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section BOb-1 et seq.) to provide for the investment and management of City funds. The initial contract made under authority of this subsection may not be for a term conger than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of intemal controls over the investment activities of the City and document such controls in the investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. 12 A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security fails below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the loss of the required rating. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are Indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. 1X. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker/Dealer or directly through the issuer. investment 13 Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER -PARTIES A. Broker/Dealers Any broker/dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the investment Committee. B. Policy Certification Investments shalt only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 14 6. Other reasons as approved by the Investment Committee. XI. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. Ail collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. 15 B. Safekeeping of Certificate of Deposit Collateral Ail Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described In Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTINGIPORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage i. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texans Project and Packery Channel Project I. Bond Funds by Issue m. Pools and Money Market Accounts - Approved institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly investment Committee Meeting Minutes 16 Internal Reporting/Evaluation in addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions C. External Reporting/Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds investment Pools must provide reports and disdosure statements as required by the Act. D. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections During regular business hours and as often as the Investment Officers deem necessary, the institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. B. Compliance with Laws 17 Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. APPENDIX A Texas Public Funds Investment Act Texas Government Code, Chapter 2256 Subchapter A GOVERNMENT CODE TITLE 10. GENERAL GOVERNMENT SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001. SHORT TITLE. This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. notes, and maintained investment 2256.002. DEFINITIONS. In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, other obligations issued by an entity, and reserves and funds by an entity for debt service purposes. (2) plus "Book value" means the original acquisition cost of an or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C) yield. (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water 1 supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an 2 institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 1, eff. Sept. 1, 1999. Sec. 2256.003. AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept. 1, 1999. Sec. 2256.004. APPLICABILITY. (a) This subchapter does not apply ra. (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 19B6 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1454, Sec. 3, eff. Sept. 1, 1999. Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar -weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis; and (F) procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall 5 record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, Sec. 1 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, Sec. 3 6 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity 7 to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (1) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (0), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even - numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee, the state auditor may, based on its review, require a state agency to also report to the state auditor other information the 8 state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 41, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 1, eff. June 17, 2011. Sec. 2256.006. STANDARD OF CARE. (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. 9 Sec. 2256.007. INVESTMENT TRAINING; STATE AGENCY BOARD MEMBERS AND OFFICERS. (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch Acts 1997, 75th Leg., ch. 73, Sec. Leg., ch. 1421, Sec. 4, eff. Sept. 1454, Sec. 5, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., C 17, 2011. . 402, Sec. 1, 1, eff. May 9, 1, 1997; Acts eff. Sept. 1, 1995; 1997; Acts 1997, 75th 1999, 76th Leg., ch. h. 1004 (H.B. 2226), Sec. 2, eff. June This section was amended by the 84th Legislature. Pending publication of the current statutes, see H.B. 870 and H.B. 1148, 84th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and 10 containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsections (b) and (e), attend an investment training session not less than once in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (b) An investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. 11 (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 69, Sec. 4, eff. May 14, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 3, eff. June 17, 2011. Sec. 2256.009. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR GUARANTEED BY GOVERNMENTAL ENTITIES. (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: 12 (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 4, eff. June 17, 2011. Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit 13 made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through: (A) a broker that has its main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256.025; or (B) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; (2) the broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and (4) the investing entity appoints the depository institution selected by the investing entity under Subdivision (1), an entity described by Section 2257.041(d), or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity. Amended by Acts 1995, 74th Leg., ch. 32, Sec. 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 6, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 128 (H.B. 256), Sec. 1, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 5, eff. June 17, 2011. Sec. 2256.011. AUTHORIZED INVESTMENTS: REPURCHASE AGREEMENTS. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; 14 (2) is secured by a combination of cash and obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity or cash held by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.S. 2226), Sec. 6, eff. June 17, 2011. Sec. 2256.0115. AUTHORIZED INVESTMENTS: SECURITIES LENDING PROGRAM. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; 15 (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016; (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name; and (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less. Added by Acts 2003, 78th Leg., ch. 1227, Sec. 1, eff. Sept. 1, 2003. Sec. 2256.012. AUTHORIZED INVESTMENTS: BANKER'S ACCEPTANCES. A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; 16 (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.014. AUTHORIZED INVESTMENTS: MUTUAL FUNDS. (a) A no- load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); (3) has a dollar -weighted average stated maturity of 90 days or fewer; and 17 (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 8, eff. Sept. 1, 1999. Sec. 2256.015. AUTHORIZED INVESTMENTS: GUARANTEED INVESTMENT CONTRACTS. (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 18 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 9, 10, eff. Sept. 1, 1999. Sec. 2256.016. AUTHORIZED INVESTMENTS: INVESTMENT POOLS. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with this 19 subchapter and the investment policies and objectives adopted by the investment pool. (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar -weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar -weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and 20 (2) a monthly report that contains, at a minimum, the following information: (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar -weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool, including a statement regarding how yield is calculated; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market mutual fund shall 21 report yield to its investors in accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. (i) If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b), (c)(2), and (f) must be posted on the website. (j) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must make available to the entity an annual audited financial statement of the investment pool in which the entity has funds invested. (k) If an investment pool offers fee breakpoints based on fund balances invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 9, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., A.S., Ch. 1004 (H.B. 2226), Sec. 7, eff. June 17, 2011. 22 Sec. 2256.017. EXISTING INVESTMENTS. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.46(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 10, eff. Sept. 1, 1997. Sec. 2256.019. RATING OF CERTAIN INVESTMENT POOLS. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 11, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 8, eff. June 17, 2011. Sec. 2256.020. AUTHORIZED INVESTMENTS: INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, Sec_ 1, eff. Sept. 1, 1995. 23 Sec. 2256.0201. AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY. (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, Sec. 48, eff. Sept. 1, 1999. Amended by: Acts 2007, Both Leg., R.S., Ch. 7 (S.B. 495), Sec. 1, eff. April 13, 2007. Sec. 2256.0202. AUTHORIZED INVESTMENTS: MUNICIPAL FUNDS FROM MANAGEMENT AND DEVELOPMENT OF MINERAL RIGHTS. (a) In addition to other investments authorized under this subchapter, a municipality may invest funds received by the municipality from a lease or contract for the management and development of land owned by the municipality and leased for oil, gas, or other mineral development in any investment authorized to be made by a trustee under Subtitle B, Title 9, Property Code (Texas Trust Code). 24 (b) Funds invested by a municipality under this section shall be segregated and accounted for separately from other funds of the municipality. Added by Acts 2009, Blst Leg., R.S., Ch. 1371 (S.B. 894), Sec. 1, eff. September 1, 2009. Sec. 2256.0203. AUTHORIZED INVESTMENTS: PORTS AND NAVIGATION DISTRICTS. (a) In this section, "district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution (b) In addition to the authorized investments permitted by this subchapter, a port or district may purchase, sell, and invest its funds and funds under its control in negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency. Added by Acts 2011, 82nd Leg., R.S., Ch. 604 (H.B. 2346), Sec. 1, eff. September 1, 2011. Sec. 2256.0204. AUTHORIZED INVESTMENTS: INDEPENDENT SCHOOL DISTRICTS. (a) In this section, "corporate bond" means a senior secured debt obligation issued by a domestic business entity and rated not lower than "AA-" or the equivalent by a nationally recognized investment rating firm. The term does not include a debt obligation that: (1) on conversion, would result in the holder becoming a stockholder or shareholder in the entity, or any affiliate or subsidiary of the entity, that issued the debt obligation; or (2) is an unsecured debt obligation. (b) This section applies only to an independent school district that qualifies as an issuer as defined by Section 1371.001. (c) In addition to authorized investments permitted by this subchapter, an independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in 25 corporate bonds that, at the time of purchase, are rated by a nationally recognized investment rating firm "AA-" or the equivalent and have a stated final maturity that is not later than the third anniversary of the date the corporate bonds were purchased. (d) An independent school district subject to this section is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds, reserves, and other funds held for the payment of debt service, in corporate bonds; or (2) invest more than 25 percent of the funds invested in corporate bonds in any one domestic business entity, including subsidiaries and affiliates of the entity. (e) An independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in corporate bonds if the governing body of the district: (1) amends its investment policy to authorize corporate bonds as an eligible investment; (2) adopts procedures to provide for: (A) monitoring rating changes in corporate bonds acquired with public funds; and (B) liquidating the investment in corporate bonds; and (3) identifies the funds eligible to be invested in corporate bonds. (f) The investment officer of an independent school district, acting on behalf of the district, shall sell corporate bonds in which the district has invested its funds not later than the seventh day after the date a nationally recognized investment rating firm: (1) issues a release that places the corporate bonds or the domestic business entity that issued the corporate bonds on negative credit watch or the equivalent, if the corporate bonds are rated "AA-" or the equivalent at the time the release is issued; or (2) changes the rating on the corporate bonds to a rating lower than "AA-" or the equivalent. (g) Corporate bonds are not an eligible investment for a public funds investment pool. Added by Acts 2011, 82nd Leg., R.S., Ch. 1347 (S.B. 1543), Sec. 1, eff. June 17, 2011. 26 Sec. 2256.0205. AUTHORIZED INVESTMENTS; DECOMMISSIONING TRUST. (a) In this section: (1) "Decommissioning trust" means a trust created to provide the Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C.F.R. Part 50 or other similar regulation. (2) "Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code. Added by Acts 2005, 79th Leg., Ch. 121 (S.B. 1464), Sec. 1, eff. September 1, 2005. Sec. 2256.021. EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.022. EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 76th Leg., ch. 785, Sec. 42, eff. Sept. 1, 2003. 27 Sec. 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) ending market value for the period; and (C) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the 28 result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 12, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., A.S., Ch. 1004 (H.B. 2226), Sec. 9, eff. June 17, 2011. Sec. 2256.024. SUBCHAPTER CUMULATIVE. (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or law. (2) authorize an investment specifically prohibited by other (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009(b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.025. SELECTION OF AUTHORIZED BROKERS. The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and 23 adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. Sec. 2256.026. STATUTORY COMPLIANCE. All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.052. PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.053. PAYMENT FOR SECURITIES PURCHASED BY STATE. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. 30 Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.67, eff. Sept. 1, 1997. Sec. 2256.054. DELIVERY OF SECURITIES PURCHASED BY STATE. A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.68, eff. Sept. 1, 1997. Sec. 2256.055. DEPOSIT OF SECURITIES PURCHASED BY STATE. At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.69, eff. Sept. 1, 1997. 3i APPENDIX a Code of Ethics ARTICLE V. - CODE OF ETHICS'' DIVISION 1. - RULES OF CONDUCT Sec. 2-310. - Preamble. The purpose of this code of ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. if a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this code of ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also tnembers of the society and, therefore, cannot and should not be without arty personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens 10 interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have n substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1,3-27-2012) • Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileeg.s. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3)(a)You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such arc lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city -issued uniforms, badges, and other uniform attire, may use their city - issued radios, and may carry their city -issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city -issued uniforms, badges, and other unifonn attire, and use their city -issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. 1 (4) Unless you are a council member, you shall nut use the prestige of your position with the city on behalf of any political party or cause. (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Gifts: (6) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6)(a)Special applications. Subsection 2-311(5) does not include: (1) A gifi to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement fur or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; (3) A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. (7) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: 2 (8)(A) If a contract ar business transaction involving the city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties, you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the city secretary and city manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the city manager, or city employees. (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest ar potential conflict of interest. (C) if you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you inay apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (1 1) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (12) You shall not receive any fee or compensation For your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions udret:ce to the citjv: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (15) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (16) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Carpus Christi. (17) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (18) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. 3 (19) Asa council tnember, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) Is related to you within a degree described by Section 573.002, Texas Government Code; (2) Is your employer; (3) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (20) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (21) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (22) As an employee you shall not have an interest in any contract with the city. This prohibition docs not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. (23) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any fonnal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (24) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (25) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city programa, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1,-1-1990; Ord. No. 23772, § 2, 9-21-1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1,4-8-2008; Ord. No. 028170, § 1, 5- 12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 029467, § I, 5-8-2012) • See. 2-312. - Definitions. The following definitions apply to the above rules of conduct: Board member: A member army board, commission or committee of the city, including the board of any corporation created by the city. 4 Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. 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. Emislnree: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother- in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest': Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) • Sec. 2-313. - Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) • Sec. 2-314. - Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: 5 (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. (Ord. No. 20781, § 1, 9-19-1989) Cross reference— Rules of conduct, ti 2-311. • See. 2-315. - Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, fi 1, 9-19-1989) • Sec. 2-316. - Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper, (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to Influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection docs not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity- con.stitucrrts, A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. (3) Governmental cooties Governmental entitles and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknow /1 niuuic ipal (potions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. (5) Dispute resolution, An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an 6 attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. Subsection B. Dcfnilions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, depanmcnt heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client inenns any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in retum for or in connection with services rendered or to be rendered. Compensation does not include u payment made to any individual regularly employed by a person if (I) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not pan of the individual's regular responsibilities to the person making the payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recotnmend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The teen lobby or lobbying does not include a communication: (1) merely requesting; information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (1 1) tnade on behalf of an individual with regard to that individual's employment or benefits: (12) made by a fact witness or expert witness at an official proceeding; or (I 3) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. 7 (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to- day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration fonn shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on n form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C) any lobbying ftrtn for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall rile an amended registration if the information contained in the current registration changes or is incorrect. (c) A registrant may file a termination of registration when no longer required to register. (Ord. No. 23772, § 3, 9-21-1999) • Secs. 2-317-2-319. - Reserved. S APPENDIX C Resolution Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2016-2017. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and investment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously reviewed for fiscal year 2015-2016 on November 16, 2015, and reaffirmed pursuant to Resolution No. 030711 on December 15, 2015; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2016-2017 on November 18, 2016, approved with an updated issuance date, did not require any amendments, and must be annually reaffirmed by the City Council; Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2016-2017. A copy of the City of Corpus Christi's Investment Policy, which contains the separate Investment Strategies, is attached to this resolution as Exhibit A and is incorporated by reference into this resolution as if set out here in its entirety. Section 2. With an updated issuance date that coincides with the date this resolution is passed, the City Council reaffirms the City of Corpus Christi's Investment Policy and Investment Strategies for the current fiscal year 2016-2017 and continues the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Dan McQueen, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Dan McQueen Rudy Garza Paulette Guajardo Michael Hunter Joe McComb Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn APPENDIX D Legal Defense and Indemnification of City officers and Employees APPENDIX D Corpus Christi Code of Ordinances Chapter 39 Personnel Article I In General Sec. 39-14. - Legal defense and indemnification of city officers and employees. (a) Definitions. For the purposes of this section the term "officer" shall include any elected or appointed official of the city; and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen, and shall include authorized volunteers, working under a volunteer program approved by the city manager. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (c)Represenwtion in actions. The city shall have the right and duty to provide legal representation through the city attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. (d) Citv:s defenses. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the city provided in said Act, as amended. (e) Notice. The provisions of this section shall apply only where the city has been given notice of the action brought against any city officer or employee within ten (10) days of service of process upon the officer or employee. (f) DircipIinanv actions_ Nothing in this section shall prevent the city from taking disciplinary action against any officer or employee for conduct defended or indemnified by the city under this section, either before or after conclusion of the civil suit. (g) Suis in behalf of the city. Nothing in this section shall require the city to indemnify any officer or employee for recoveries made against him ar her in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any officer ar employee in a suit brought by a taxpayer in behalf of the city against the officer or employee. (Ord. No. 14320, § I, 5-17-1978; Ord. No. 17867, §§ I 3, 10-5-1983; Ord. No. 19863, § 1, 7-21-1987; Ord. No. 19864, § 1, 7-21-1987) Editor's note— Formerly numbered § 39-16. 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: December 2, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP©cctexas.com (361) 826-3227 Appointment of Financial Advisor for Issuance of Utility System Revenue Refunding Bonds CAPTION: Motion authorizing the appointment of and approving the contract for M. E. Allison, & Co., as Financial Advisor for the issuance of the "City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017", in an amount not to exceed $51,300,000. PURPOSE: The City plans on refunding City of Corpus Christi, Texas Utility System Variable Rate Junior Lien Revenue Improvement Bonds originally issued to pay a portion of the costs of construction of Mary Rhodes Pipeline, Phase II, with City -issued refunding bonds to be purchased by the Texas Water Development Board through its Drinking Water State Revolving Fund in an amount not to exceed $51,300,000 (which includes the Texas Water Development Board's bond origination fees and other costs of issuance, as well as the amount necessary to repay the original bonds). BACKGROUND AND FINDINGS: Issuance of bonds requires utilization of a financing team which is usually made up of three parts: the financial advisor, bond counsel, and the underwriting syndicate. This agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for this transaction and approves the contract for the transaction. See the Financial Advisor's contract. Norton Rose Fulbright US LLP is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team. The third part of the financing team is the underwriters. Since these bonds will be purchased by the Texas Water Development Board, no underwriters will be needed for this transaction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - - - - BALANCE - - - - FUND(S): CIP Funds COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Financial Advisor Contract Form 1295 TELEPHONE AREA CODE 210 930 4.000 INVESTMENT BANKERS 950 gaat amide Roca, Juond �?2oox Ja�t �ua, Jeaae. 7820.9-M.91 December 2, 2016 City of Corpus Christi, Texas 1201 Leopard Corpus Christi, TX 78401 TELECOPIER AREA CODE 210 930 400' Re: Up to $51,300,000 City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017 tt1'tt•r•****1' rttt•r.***************.**********t**ttt*t**t**t*t*t***ti'*t* t K***tt* r•r-r.:r. In regard to serving as the City's financial advisor and consultant, we submit the following proposal or agreement for your approval and acceptance. 1. Term. This Agreement shall be terminated by the delivery to the Purchaser of all the securities described above, whether delivered all at one time or in installments. It may be extended for an additional period by mutual agreement in writing. This agreement may be terminated at any time by either of us by giving thirty (30) days written notice to the other party. 2. Duties. The duties and responsibilities to be performed under this agreement include consulting and advising the City in the development and implementation of a financing plan for the issuance and sale of up to $51,300,000* City of Corpus Christi, Texas Utility System Junior Lien Revenue Refunding Bonds, Series 2017. 3. Compensation. The fee will be based on the amount of proceeds of the issue, and computed on the attached schedule, Exhibit A. The fee will be due and payable from the proceeds of the Bonds. We would expect to be reimbursed for actual out-of-pocket expenses for telephone, photocopies, facsimile transmissions, printing, computer, if any, and travel incurred in connection with ratings, municipal bond insurance or Closing of such financing(s). 4. Special Conditions. In addition to the terms and obligations herein contained, this proposal and agreement is subject to the following special conditions: a) M. E. Allison & Co., Inc. will incur and pay on behalf of the City the approved expenses in relation to the issuance of the Bonds and will submit said expenses for reimbursement at Closing. Approved expenses will include, but not be limited to, printing, shipping and posting of Official Statement, printing of Bonds, and travel expenses in relation thereto, Bond sale advertisements, municipal bond insurance premiums, Attorney General's fees, etc. (b) The City will pay Bond Attorney, Rating Agency fees and Paying Agent/Registrar directly or will direct M. E. Allison & Co., Inc. to pay these fees on behalf of the City from the cost of issuance proceeds subsequent to the closing of the bond transaction. Preliminary, subject to change. Continued ... December 2, 2016 City of Corpus Christi, Texas Attn: Constance Sanchez Director of Finance Page 2 (c) The City will at all times remain responsible for all fees incurred on behalf of the City in relation to the proposed bond issue. In the event the contemplated issue is not completed, the City will not owe the financial advisory fee to M. E. Allison & Co., Inc., but the City will remain responsible for all expenses incurred by the Firm on behalf of the City as well as all direct expenses of the City including Bond Attorney and Rating Agency fees. 5. This proposal is submitted in duplicate originals. When accepted by the City, it will constitute the entire agreement between the City and the undersigned for the purpose and considerations herein specified. Your acceptance will be indicated by proper signatures of your authorized officers or representatives on both copies and the returning of one executed copy to us. Respectfully submitted, M. E. ALLISON & CO., INC. By Au orized Representative ACCEPTED on behalf of the City of Corpus Christi, Texas the day of , 2016. Authorized Official ATTEST: City Secretary *Preliminary, subject to change December 2, 2016 City of Corpus Christi, Texas Attn: Constance Sanchez Director of Finance Page 3 EXHIBIT A FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION BONDS More than And Not More than $ $ 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 5,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 No Limit $7,500 plus $20.00 per $1,000 for all ov $9,500 plus $10.00 per $1,000 for all ov $10,500 plus $8.00 per $1,000 for all ov $11,700 plus $7.00 per $1,000 for all ov $13,100 plus $6.00 per $1,000 for all ov $14,900 plus $5.00 per $1,000 for all ov $17,400 plus $3.00 per $1,000 for all ov $27,900 plus $1.65 per $1,000 for all ov $36,150 plus $1.00 per $1,000 for all ov $46,150 plus $0.85 per $1,000 for all ov er $150,000 er $250,000 er $350,000 er $500,000 er $700,000 er $1,000,000 er $1,500,000 er $5,000,000 er $10,000,000 er $20,000,000 REVENUE BONDS, COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, REFUNDING BONDS, OBLIGATIONS USING A REVENUE SOURCE AS REPAYMENT, DIRECT SUBSIDY OBLIGATIONS OR LEASE PURCHASE In the event the Bonds to be issued are Revenue Bonds or Combination Tax and Revenue Certificates of Obligation, Refunding Bonds, Obligations using a revenue source as repayment, Direct Subsidy Obligations or Lease Purchase, the fee shall be the amount computed from the above schedule, plus 25%. CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-142187 Date Filed: 12/02/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. M. E. Allison & Co., Inc. San Antonio, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi, TX 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 2017 URRfdg - FA Financial Advisory Services 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Seal, Michael San Antonio, TX United States X Seal, Mark San Antonio, TX United States X Allison, Christopher San Antonio, TX United States X Allison Jr., Al San Antonio, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT . , I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. I // /00' 44011P I — o Y_n ti CHRISTOPHER AWSON :• , ' MY COMMISSION WIRES *: i• . MARCH 11, 2020 %-;. NOTARY ID: 13057925-7 AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 Ile , to certify which, witness my hand Sig ure of authorized agent . contracting business entity f w.'k SCw 1 , this the .4na day of QCW 114,✓ and seal of office. tit►e sioeL,. Alt:J,►.0 prys:ILL,4. Signature of o icer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us AGENDA MEMORANDUM Future Item for the City Council Meeting of December 13, 2016 Action Item for the City Council Meeting of December 20, 2016 DATE: November 28, 2016 TO: Margie C. Rose, City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Application for Financial Assistance from the Texas Water Development Board CAPTION: Resolution requesting financial assistance from the Texas Water Development Board for the refunding of City obligations previously issued to pay certain costs of designing and constructing improvements to the City's Utility System; authorizing City staff and consultants to coordinate the submission of the application to the Texas Water Development Board for funding from its Drinking Water State Revolving Fund; and other matters in connection therewith. PURPOSE: The City of Corpus Christi is interested in refunding $49,585,000 of City of Corpus Christi, Texas Utility System Variable Rate Junior Lien Revenue Improvement Bonds, Series 2015B (the "Refunded Bonds") originally issued to pay a portion of the costs of construction of Mary Rhodes Pipeline, Phase II with City -issued refunding bonds to be purchased by the Texas Water Development Board through its Drinking Water State Revolving Fund. The Drinking Water State Revolving fund is a financial assistance program administered by the Texas Water Development Board and accessed by local governments across the State of Texas. Texas Water Development Board financings provide subsidized interest rates that are lower than those obtainable by the City directly in the capital markets. Receipt of these subsidized interest rates will provide the City with significantly lower borrowing costs for the remaining life of its refunding bonds (new bonds) when compared to the remaining life of the Refunded Bonds (old bonds). The City is now seeking authorization to submit an application to the Texas Water Development Board for financial assistance (in the form of the Texas Water Development Board's commitment to purchase the City's refunding bonds at subsidized rates of interest) in an amount not to exceed $51,300,000. This amount includes the Texas Water Development Board's bond origination fees and other costs of issuance, as well as the amount necessary to repay the Refunded Bonds. BACKGROUND AND FINDINGS: On June 17, 2014, the City Council authorized the issuance of up to $155,000,000 of City of Corpus Christi, Texas, Utility System Junior Lien Revenue Bonds for the construction of Mary Rhodes Pipeline, Phase II. Authorization was given to issue both fixed rate bonds and variable rate bonds in an effort to provide the City with the most flexibility at that time, legally available. The City was considering leasing some of the water flowing through the pipeline to industrial customers - an occurrence which would require that bonds sold to fund a proportionate amount of the pipeline's cost would no longer be eligible for tax-exempt treatment (for gross income calculation under federal tax law) and would have to be converted to taxable debt. To accommodate this possibility, the City issued the Refunded Bonds (which reflected the rough proportionality of approximately 1/3 of the pipeline's cost — which equated to the maximum amount of pipeline capacity that the City believed could have been sold to industrial customers) as variable rate obligations in an initial term -rate, interest -mode that expires on July 15, 2017 (but which the City can early terminate on or after January 15, 2017). Since the City no longer plans to lease water to industrial customers, the Refunded Bonds must be refunded or remarketed into a new interest rate period not later than July 15, 2017. Since the City preserved the ability at the time the Refunded Bonds were originally issued to seek financial assistance of the type now contemplated, the City now wishes to pursue this opportunity to refund the Refunded Bonds with long- term, fixed and subsidized interest rate bonds through a sale of refunding bonds to the Texas Water Development Board. The interest rate charged by the Texas Water Development Board is 1.25% below the municipal market index called MMD (Municipal Market Data). This rate is lower than what the City could obtain using its own ratings by accessing the capital markets in a traditional bond sale. Utilization of the Texas Water Development Board funding option is being recommended especially since we are in an environment where interest rates are expected to rise, and the City is obligated to remarket or refund the Refunded Bonds not later than the deadline identified above regardless of whether this opportunity is pursued or not. This agenda item is requesting approval to submit an application with the Texas Water Development Board seeking financial assistance in the form of its purchase of the City's refunding bonds. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Bond Counsel • City Attorney's Office • Financial Services • Utilities Department FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ - - $ - BALANCE - $ - - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION NO. RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD FOR THE REFUNDING OF CITY OBLIGATIONS PREVIOUSLY ISSUED TO PAY CERTAIN COSTS OF DESIGNING AND CONSTRUCTING IMPROVEMENTS TO THE CITY'S UTILITY SYSTEM; AUTHORIZING CITY STAFF AND CONSULTANTS TO COORDINATE THE SUBMISSION OF THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD FOR FUNDING FROM ITS DRINKING WATER STATE REVOLVING FUND; AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Corpus Christi, Texas (the City) deems it necessary to apply to the Texas Water Development Board (the Board) for financial assistance; and WHEREAS, in accordance with the rules and regulations of the Board, which govern the procedures in making such an application, the governing body of the City is required to pass a resolution to accompany such application; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: 1. The City hereby requests that the Board, from its Drinking Water State Revolving Fund, grant financial assistance to the City in the amount not to exceed $51,300,000 by the purchase of obligations of the City (the Refunding Bonds), and the receipt of the largest amount of grant funds lawfully available from the Board, for refunding certain of the City's outstanding debt obligations, being those obligations identified as "CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM VARIABLE RATE JUNIOR LIEN REVENUE IMPROVEMENT BONDS, SERIES 2015B", the proceeds of such obligations having been expended for the purposes of constructing improvements to the City's combined utility system, as designed by the City's consulting engineer. The Refunding Bonds will be issued by the City in one or more series. 2. The City Manager or Director of Financial Services of the City is hereby authorized to execute and submit to the Board the application for such financial assistance, and the City Manager or Director of Financial Services of the City, together with bond counsel, financial advisors and consulting engineers named in such application, are authorized to appear before the Board in support of such application and to make the required assurances and representations to the Board in accordance with the rules, regulations, and policies of the Board. 3. A certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Board, and the City Secretary of the City is authorized and directed to prepare and certify such number of copies of this Resolution as may be required for purposes of supporting the submission of such application to the Board. 27682701.2 4. 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 City. 5. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 7. 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 City hereby declares that this Resolution would have been enacted without such invalid provision. 8. 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. 9. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 27682701.2 -2- PASSED, ADOPTED AND APPROVED on the 20th day of December, 2016. CITY OF CORPUS CHRISTI, TEXAS Mayor Attest: City Secretary (SEAL) APPROVED THIS 20TH DAY OF DECEMBER, 2016: City Attorney 27682701.2 -3- THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI § § § § § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of December, 2016, authorizing the City to request financial assistance from the Texas Water Development Board, 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 20TH DAY OF DECEMBER, 2016. 27682701.2 -4- City Secretary That the foregoing resolution was read for the first time and passed on this the 20th day of December, 2016, by the following vote: Dan McQueen Rudy Garza Carolyn Vaughn Paulette Guajardo Ben Molina Michael Hunter Lucy Rubio Joe McComb Greg Smith PASSED AND APPROVED, this the day of ATTEST: Rebecca Huerta Dan McQueen City Secretary Mayor 27682701.2 AGENDA MEMORANDUM City Council Meeting of December 13, 2016 DATE: TO: Margie C. Rose, City Manager December 8, 2016 FROM: E. Jay Ellington, Interim Assistant City Manager jayell@cctexas.com (361) 826 3232 Bayshore Park Project Update STAFF PRESENTER(S): Name 1. E. Jay Ellington 2. 3. OUTSIDE PRESENTER(S): Title/Position Department Interim Assistant City Manager Executive Name Title/Position Organization 1. 2. BACKGROUND: An update was requested for the Bayshore Park (Bond 2008) Project. A briefing will be given of project background, status and potential contract actions. LIST OF SUPPORTING DOCUMENTS: Presentation - Bayshore Park Update 4 CORPUS CHRISTI PARKS& RECREATION Corpus Chr'sti Engineering Services Bayshore Park Update December 2016 Council Presentation December 13, 2016 Location Map coo Corpus Chrsti Engineering IH 37 1041. / i Project Location 2 Master Site Plan Corpus Chr sti Engineering NEW BAYSHORE PARK - CITY OF CORPUS CHRISTI 3 Project Activities coo Corpus Chrsti Engineering 2008 — Bond Resolution for the Bayfront Master Plan Project approved 2009 —A/E Contract initiated to HDR Engineering for Shoreline Realignment 2011—A/E Contract initiated to Hargreaves & Associates for Destination Bayfront planning 2013 — Multiple presentations to City Council on funding alternatives and concepts for Destination Bayfront with Ordinance for Special Election 2014 — Presentation to City Council on alignment alternatives for Shoreline with respect to AEP underground electrical vaults 2015 — Multiple presentations to City Council on scope and funding for Bayshore Park with contracting alternatives (Design -Build) 2016 — Multiple presentations to City Council on Bayshore Park concepts, milestones, and award of Design - Build contract to Fulton Coastcon for Bayshore Park. ✓ Design commenced with planned completion in December 2016. ✓ Numerous stakeholder meetings with public/private entities and other governmental agencies. ✓ Construction started on demolition. Potential Actions and Outcomes Corpus Chr Capital Programs The design -build contract is currently 90% complete with the design phase and preceding with the demolition phase. There are two contracting actions available to the City to stop work: Stop Work Order or Suspension of Work • Used to suspend any part or all work for a reasonable time pending a decision by the City • Suspends Contract Time & work until resolution of issues • Before its expiration of the stop -work order, the City must take appropriate action to: 1) Terminate the contract; 2) Cancel the stop -work order; or 3) Extend the period of the stop -work order if it is necessary and if the contractor agrees ❖ The contractor may request time and compensation for increases in the cost of performance from the suspension Termination for Convenience • Used to cancel the project at the City's request ❖ The contractor may request time and compensation for the Termination including: 1) Full payment for all completed work to date; 2) Payment for partially complete activities, including non -usable elements; 3) Request for profit and other items expected to be covered by the contract Project Schedule C4* �._ Corpus Chr sti Engineering 2015 2016 2017 JIAIslOINIDIJIFIMIAIMIJIJIAIsIOINIDIJIFIMIAIM RFQ / RFP & Award Design / Construction Project Estimate: 425 Calendar Days 14 Months Projected Schedule reflects City Council award in March 2016 with anticipated construction completion in May 2017.